10–16–07 Tuesday Vol. 72 No. 199 Oct. 16, 2007

Pages 58469–58752

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Contents Federal Register Vol. 72, No. 199

Tuesday, October 16, 2007

Agricultural Marketing Service Tennessee and Arkansas, 58577–58582 RULES NOTICES National Organic Program: Grants, State and local assistance: Allowed and prohibited substances; national list, 58469– National Clean Water Act Recognition Awards, 58662– 58473 58664 NOTICES Meetings: Grade standards: Scientific Counselors Board, 58664 Livestock and meat marketing claims; grass (forage) fed claim for ruminant livestock and meat products Executive Office of the President derived from such livestock, 58631–58637 See Presidential Documents See Trade Representative, Office of United States Agriculture Department See Agricultural Marketing Service Federal Aviation Administration See Forest Service RULES NOTICES Airworthiness directives: Meetings: Airbus, 58489–58491, 58499–58502, 58504–58507 National Agricultural Research, Extension, Education, Boeing, 58492–58497 and Economics Advisory Board, 58631 Empresa Brasileira de Aeronautica S.A., 58502–58504 Hawker Beechcraft Corp., 58491–58492 Broadcasting Board of Governors Pilatus Aircraft Ltd., 58497–58499 NOTICES Standard instrument approach procedures, 58507–58511 Meetings; Sunshine Act, 58638–58639 PROPOSED RULES Airworthiness standards: Coast Guard Special conditions— RULES Boeing Model 787-8 airplane, 58560–58561 Ports and waterways safety; regulated navigation areas, Class D and E airspace, 58561–58563 safety zones, security zones, etc.: Class E airspace, 58563–58570 Chicago Harbor, Navy Pier East, Chicago, IL, 58522– 58523 Federal Communications Commission NOTICES NOTICES Meetings: Agency information collection activities; proposals, National Boating Safety Advisory Council, 58679–58680 submissions, and approvals, 58665

Commerce Department Federal Deposit Insurance Corporation See International Trade Administration PROPOSED RULES See National Institute of Standards and Technology Assessments: See National Oceanic and Atmospheric Administration Dividend requirements; implementation See Patent and Trademark Office Correction, 58743–58745

Energy Department Federal Emergency Management Agency See Federal Energy Regulatory Commission RULES Flood elevation determinations: Environmental Protection Agency Various States, 58553–58559 RULES PROPOSED RULES Air programs; approval and promulgation; State plans for Flood elevation determinations: designated facilities and pollutants: New York, 58615–58618 Wisconsin, 58542–58546 South Carolina, 58598–58599 Air quality implementation plans; approval and Various States, 58590–58615 promulgation; various States; air quality planning NOTICES purposes; designation of areas: Agency information collection activities; proposals, Georgia, 58538–58542 submissions, and approvals, 58680 Illinois, 58528–58534 Iowa, 58535–58538 Federal Energy Regulatory Commission Ohio, 58523–58528, 58546–58553 NOTICES PROPOSED RULES Agency information collection activities; proposals, Air quality implementation plans; approval and submissions, and approvals, 58649–58650 promulgation; various States: Environmental statements; availability, etc.: Illinois, 58570–58571 Bradwood Landing, LLC, et al., 58653–58654 Iowa, 58571 Hydroelectric applications, 58654–58660 Ohio, 58571–58572 Meetings: Air quality planning purposes; designation of areas: Direct Energy Services, LLC, et al.; technical conference, Georgia, 58572–58577 58660

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Enforcement policy conference, 58660–58661 Interior Department Gulf Crossing Pipeline Co., LLC, et al., 58661 See Fish and Wildlife Service State of the Natural Gas Industry Conference, 58661 See Indian Affairs Bureau Natural gas pipeline rate and refund report filings, 58662 See Land Management Bureau Applications, hearings, determinations, etc.: PROPOSED RULES Algonquin Gas Transmission, LLC, 58650 Native American Graves Protection and Repatriation Act; Black Bayou Storage LLC, 58651 implementation: Enogex Inc., 58651–58652 Disposition of culturally unidentifiable human remains, ISO New England Inc. et al., 58652 58582–58590 Primary Energy of North Carolina LLC, 58652 Tennessee Gas Pipeline Co., 58652–58653 Internal Revenue Service University of New Hampshire, 58653 NOTICES Agency information collection activities; proposals, Federal Trade Commission submissions, and approvals, 58734–58735 NOTICES Prohibited trade practices: International Trade Administration Kyphon Inc. et al., 58665–58668 NOTICES Antidumping: Fish and Wildlife Service Carbazole violet pigment 23 from— PROPOSED RULES India, 58639–58640 Endangered and threatened species: Forged stainless steel flanges from— Critical habitat designations— India, 58640–58641 Monterey spineflower, 58618–58622 Silicon metal from— China, 58641–58642 Food and Drug Administration Tissue paper products from— NOTICES China, 58642–58646 Reports and guidance documents; availability, etc.: Antidumping and countervailing duties: Regulatory project managers; training program; industry Lightweight thermal paper from— guidance, 58668 Various countries, 58639 Export trade certificates of review, 58646–58647 Foreign Assets Control Office NOTICES Labor Department Sanctions, blocked persons, specially-designated nationals, See Veterans Employment and Training Service terrorists, narcotics traffickers, and foreign terrorist organizations: Land Management Bureau Narcotics-related blocked persons; additional NOTICES designations, 58732–58733 Environmental statements; notice of intent: Unblocking of specially designated narcotics traffickers; PacifiCorp et al, 58681–58682 individuals and entities removed from list, 58733– Oil and gas leases: 58734 Oklahoma, 58682 Realty actions; sales, leases, etc.: Forest Service Nevada, 58682–58685 NOTICES Survey plat filings: Environmental statements; notice of intent: Nevada, 58685–58686 Bridger-Teton National Forest, WY, 58637–58638 National Institute of Standards and Technology Health and Human Services Department NOTICES See Food and Drug Administration Inventions, Government-owned; availability for licensing, See Health Resources and Services Administration 58647 See National Institutes of Health National Institutes of Health Health Resources and Services Administration NOTICES NOTICES Meetings: Agency information collection activities; proposals, National Cancer Institute, 58670 submissions, and approvals, 58669 National Center for Research Resources, 58670–58671 Meetings: National Heart, Lung, and Blood Institute, 58671 Heritable Disorders and Genetic Diseases in Newborns National Institute of Allergy and Infectious Diseases, and Children Advisory Committee, 58669–58670 58673–58675 National Institute of Child Health and Human Homeland Security Department Development, 58673 See Coast Guard National Institute of Diabetes and Digestive and Kidney See Federal Emergency Management Agency Diseases, 58672–58675 See U.S. Customs and Border Protection National Institute of General Medical Sciences, 58671– 58674 Indian Affairs Bureau National Institute of Mental Health, 58674 NOTICES National Institute on Aging, 58671–58672 Agency information collection activities; proposals, National Institute on Drug Abuse, 58672 submissions, and approvals, 58680–58681 Scientific Review Center, 58675–58679

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National Oceanic and Atmospheric Administration NYSE Arca, Inc., 58704–58709 RULES Philadelphia Stock Exchange, Inc., 58710–58713 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Small Business Administration Pacific cod, 58559 NOTICES PROPOSED RULES Agency information collection activities; proposals, Fishery conservation and management: submissions, and approvals, 58713 Northeastern United States fisheries— Northeast multispecies, 58622–58630 State Department NOTICES NOTICES Environmental statements; notice of intent: Grants and cooperative agreements; availability, etc.: Caribbean, Gulf of Mexico, and South Atlantic fisheries— EducationUSA Advising Services in Eurasia and Central Amendments 3 and 5 to the Spiny lobster fishery Asia; amendment, 58713 management plan of the Carribbean, the Gulf of Mexico, and South Atlantic; scoping meetings, Trade Representative, Office of United States 58648–58649 NOTICES Meetings: U.S.-Israel Agreement on Trade in Agricultural products: North Pacific Fishery Management Council, 58649 Review and renegotiation, 58688–58689 National Science Foundation Transportation Department NOTICES See Federal Aviation Administration Meetings: See Pipeline and Hazardous Materials Safety Polar Programs Advisory Committee, 58686 Administration Nuclear Regulatory Commission RULES Treasury Department Byproduct material; domestic licensing: See Foreign Assets Control Office Licensing exemptions, general licensing and reporting See Internal Revenue Service requirements, 58473–58489 RULES NOTICES U.S.-Bahrain Free Trade Agreement: Atomic Safety and Licensing Board; proceedings, etc.: Preferential tariff treatment, other provisions, and Nuclear Fuel Services; reconstitution, 58686–58687 comment request, 58511–58522 Siemaszko, Andrew; reconstitution, 58687 Meetings: U.S. Customs and Border Protection Reactor Safeguards Advisory Committee, 58687 RULES Meetings; Sunshine Act, 58687–58688 U.S.-Bahrain Free Trade Agreement: Applications, hearings, determinations, etc.: Preferential tariff treatment, other provisions, and Calvert Cliffs Nuclear Power Plant, Inc., 58686 comment request, 58511–58522

Office of United States Trade Representative Veterans Affairs Department See Trade Representative, Office of United States NOTICES Agency information collection activities; proposals, Patent and Trademark Office submissions, and approvals, 58735–58742 NOTICES Patents: Veterans Employment and Training Service Human drug products; interim term extensions— NOTICES Mifamurtide, 58649 Meetings: Veterans Employment, Training, and Employer Outreach Pipeline and Hazardous Materials Safety Administration Advisory Committee, 58686 NOTICES Hazardous materials: Special permit applications; list, 58713–58730 Separate Parts In This Issue Special permit applications delayed; list, 58730–58731 Special permit modification applications; list, 58731– Part II 58732 Executive Office of the President, Presidential Documents, 58747–58752 Presidential Documents PROCLAMATIONS Special observances: National School Lunch Week (Proc. 8190), 58747–58750 Reader Aids White Cane Safety Day (Proc. 8191), 58751–58752 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Securities and Exchange Commission and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Self-regulatory organizations; proposed rule changes: LISTSERV electronic mailing list, go to http:// American Stock Exchange LLC, 58689–58694 listserv.access.gpo.gov and select Online mailing list Chicago Board Options Exchange, Inc., 58694–58696 archives, FEDREGTOC-L, Join or leave the list (or change International Securities Exchange, LLC, 58696–58704 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 8190...... 58749 8191...... 58751 7 CFR 205...... 58469 10 CFR 30...... 58473 31...... 58473 32...... 58473 150...... 58473 12 CFR Proposed Rules: 327...... 58743 14 CFR 39 (8 documents) ...... 58489, 58491, 58492, 58495, 58497, 58499, 58502, 58504 97 (2 documents) ...... 58507, 58509 Proposed Rules: 25...... 58560 71 (6 documents) ...... 58561, 58563, 58565, 58566, 58567, 58569 19 CFR 10...... 58511 24...... 58511 102...... 58511 162...... 58511 163...... 58511 178...... 58511 33 CFR 165...... 58522 40 CFR 52 (6 documents) ...... 58523, 58528, 58535, 58538, 58542, 58546 70...... 58535 81...... 58538 97 (2 documents) ...... 58542, 58546 Proposed Rules: 52 (3 documents) ...... 58570, 58571 70...... 58571 81 (2 documents) ...... 58572, 58577 97...... 58571 43 CFR Proposed Rules: 10...... 58582 44 CFR 67...... 58553 Proposed Rules: 67 (4 documents) ...... 58590, 58598, 58599, 58615 50 CFR 679...... 58559 Proposed Rules: 17...... 58618 648...... 58622

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Rules and Regulations Federal Register Vol. 72, No. 199

Tuesday, October 16, 2007

This section of the FEDERAL REGISTER are exempted (allowed) and Renewals contains regulatory documents having general nonsynthetic substances (nonsynthetics) This final rule amends the USDA’s applicability and legal effect, most of which that are prohibited in organic crop and are keyed to and codified in the Code of National organic regulations (7 CFR part livestock production. The National List 205) to renew exemptions and Federal Regulations, which is published under also identifies nonsynthetics and 50 titles pursuant to 44 U.S.C. 1510. prohibitions for the following synthetics that are exempted for use in substances in organic agricultural The Code of Federal Regulations is sold by organic handling. production and handling (use categories the Superintendent of Documents. Prices of The exemptions and prohibitions and any restrictive annotations remain new books are listed in the first FEDERAL granted under the OFPA are required to unchanged, but have been omitted from REGISTER issue of each week. be reviewed every 5 years by the NOSB. this overview): The Secretary of Agriculture has authority under the OFPA to renew Section 205.601 Synthetic Substances DEPARTMENT OF AGRICULTURE such exemptions and prohibitions. If Allowed for Use in Organic Crop Production Agricultural Marketing Service they are not reviewed by the NOSB within 5 years of their inclusion on the 1. Ethanol. 7 CFR Part 205 National List and renewed by the 2. Isopropanol. Secretary, their authorized use or 3. Calcium hypochlorite. [Docket Number AMS–TM–06–0222; TM–04– prohibition expires. This means that a 4. Chlorine dioxide. 07FR] synthetic substance exempted for use on 5. Sodium hypochlorite. RIN 0581–AC51 the National List in 2002 and currently 6. Hydrogen peroxide. allowed for use in organic production 7. Soap-based algicide/demossers. National Organic Program, Sunset will no longer be allowed for use after 8. Herbicides, soap-based. Review October 21, 2007; a non-synthetic 9. Newspaper or other recycled paper, substance prohibited from use on the without glossy or colored inks. AGENCY: Agricultural Marketing Service, National List in 2002 and currently 10. Plastic mulch and covers. USDA. prohibited from use in organic 11. Newspapers or other recycled ACTION: Final rule. production will be allowed after paper, without glossy or colored inks. 12. Soaps, ammonium. SUMMARY: This rule amends the U.S. October 21, 2007; and a synthetic or 13. Ammonium carbonate. Department of Agriculture’s (USDA) nonsynthetic substance exempted for 14. Boric acid. National List of Allowed and Prohibited use on the National List and currently 15. Elemental sulfur. Substances (National List) regulations to allowed for use in organic handling will 16. Lime sulfur-including calcium reflect recommendations submitted to be prohibited after October 21, 2007. polysulfide. the Secretary of Agriculture (Secretary) This final rule amends the National 17. Oils, horticultural-narrow range by the National Organic Standards List to reflect recommendations oils as dormant, suffocating, and Board (NOSB) from November 17, 2005 submitted to the Secretary by the NOSB summer oils. through October 19, 2006. The concerning the continued use and 18. Soaps, insecticidal. amendments addressed in this final rule prohibition of 168 substances in organic 19. Sticky traps/barriers. pertain to the continued exemption production and handling. Consistent 20. Pheromones. (use) and prohibition of 168 substances with the recommendations from the 21. Sulfur dioxide. in organic production and handling. NOSB, this final rule renews 165 22. Vitamin D . exemptions and prohibitions on the 3 Consistent with the recommendations 23. Copper hydroxide. National List (along with any restrictive from the NOSB, this final rule renews 24. Copper oxide. annotations) and removes 3 exemptions 165 exemptions and prohibitions on the 25. Copper oxychloride. from the National List. National List (along with any restrictive 26. Copper sulfate. annotations) and removes 3 exemptions Under the authority of the OFPA, as 27. Hydrated lime. from the National List. amended, (7 U.S.C. 6501 et seq.), the 28. Hydrogen peroxide. DATES: Effective Date: This rule becomes National List can be amended by the 29. Lime sulfur. effective October 21, 2007. Secretary based on proposed 30. Oils, horticultural, narrow range FOR FURTHER INFORMATION CONTACT: amendments developed by the NOSB. oils as dormant, suffocating, and Arthur Neal, Director, Program Since established, the National List has summer oils. Administration, Telephone: (202) 720– been amended five times, October 31, 31. Potassium bicarbonate. 3252; Fax: (202) 205–7808. 2003 (68 FR 61987), November 3, 2003 32. Elemental sulfur. SUPPLEMENTARY INFORMATION: (68 FR 62215), October 21, 2005 (70 CFR 33. Streptomycin. 61217), September 11, 2006 (71 FR 34. Tetracycline (oxytetracycline I. Background 53299), and June 27, 2007 (72 FR calcium complex). The Organic Foods Production Act 35137). 35. Aquatic plant extracts (other than (OFPA), 7 U.S.C. 6501 et seq., II. Overview of Amendments hydrolyzed). authorizes the establishment of the 36. Elemental sulfur. National List of allowed and prohibited The following provides an overview 37. Humic acids. substances. The National List identifies of the amendments made to designated 38. Lignin sulfonate. synthetic substances (synthetics) that sections of the National List regulations: 39. Magnesium sulfate.

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40. Soluble boron products. Section 205.605 Nonagricultural 35. Silicon dioxide. 41. Sulfates. (Nonorganic) Substances Allowed as 36. Sodium citrate. 42. Carbonates. Ingredients in or on Processed Products 37. Sodium hydroxide. 43. Oxides. Labeled as ‘‘Organic’’ or ‘‘Made With 38. Sodium phosphates. 44. Silicate of zinc. Organic (Specified Ingredients or Food 39. Sulfur dioxide. 45. Silicate of copper. Group(s))’’ 40. Tocopherols. 41. Xanthan gum. 46. Silicate of iron. (a) Nonsynthetics allowed: 47. Silicate of manganese. 1. Alginic acid. Section 205.606 Nonorganically 48. Silicate of molybdenum. 2. Citric acid. Produced Agricultural Products Allowed 49. Silicate of selenium. 3. Lactic acid. as Ingredients in or on Processed 50. Silicate of cobalt. 4. Bentonite. Products Labeled as ‘‘Organic’’ 51. Liquid fish products. 5. Calcium carbonate. 1. Cornstarch (native). 52. Vitamin B1. 6. Calcium chloride. 2. Gums—water extracted only 53. Vitamin C. 7. Dairy cultures. (arabic, guar, locust bean, carob bean). 54. Vitamin E. 8. Diatomaceous earth. 3. Kelp—for use only as a thickener 55. Ethylene gas. 9. Enzymes. and dietary supplement. 56. Lignin sulfonate. 10. Flavors. 4. Lecithin—unbleached. 57. Sodium silicate. 11. Kaolin. 5. Pectin (high-methoxy). 58. EPA List 4—Inerts of Minimal 12. Magnesium sulfate. Concern. 13. Nitrogen-oil-free grades. Nonrenewals Section 205.602 Nonsynthetic 14. Oxygen-oil-free grades. This final rule amends the USDA’s Substances Prohibited for Use in 15. Perlite. National List by removing exemptions 16. Potassium chloride. Organic Crop Production (and any restrictive annotations) for the 17. Potassium iodide. 1. Ash from manure burning. following substances in organic 18. Sodium bicarbonate. agricultural production and handling: 2. Arsenic. 19. Sodium carbonate. 3. Lead salts. 20. Carnauba wax. Section 205.603 Synthetic Substances 4. Potassium chloride. 21. Wood resin wax. Allowed for Use in Organic Livestock 5. Sodium fluoaluminate (mined). 22. Autolysate yeast. Production 6. Sodium nitrate. 23. Bakers yeast. Milk replacers without antibiotics, as 7. Strychnine. 24. Brewers yeast. emergency use only, no nonmilk 8. Tobacco dust (nicotine sulfate). 25. Nutritional yeast. products or products from BST treated 26. Smoked yeast. Section 205.603 Synthetic Substances animals. (b) Synthetics allowed: Allowed for Use in Organic Livestock 1. Alginates. Section 205.605 Nonagricultural Production 2. Ammonium bicarbonate. (Nonorganic) Substances Allowed as 1. Ethanol. 3. Ammonium carbonate. Ingredients in or on Processed Products 2. Isopropanol. 4. Ascorbic acid. Labeled as ‘‘Organic’’ or ‘‘Made With 3. Aspirin. 5. Calcium citrate. Organic (Specified Ingredients or Food 4. Vaccines. 6. Calcium hydroxide. Group(s))’’ 5. Chlorhexidine. 7. Monobasic calcium phosphates. Colors—nonsynthetic sources only. 6. Calcium hypochlorite. 8. Dibasic calcium phosphates. Potassium tartrate made from tartaric 7. Chlorine dioxide. 9. Tribasic calcium phosphates. acid. 8. Sodium hypochlorite. 10. Carbon dioxide. 9. Electrolytes. 11. Calcium hypochlorite. Error in Proposed Rule 10. Glucose. 12. Chlorine dioxide. In review of the proposed rule, the 11. Glycerine. 13. Sodium hypochlorite. Secretary identified that carrageenan 12. Hydrogen peroxide. 14. Ethylene. was included in the proposal as an 13. Iodine. 15. Ferrous sulfate. exemption set to expire on October 21, 14. Magnesium sulfate. 16. Monoglycerides. 2007. This is not correct. Carrageenan 15. Oxytocin. 17. Diglycerides. was amended to the National List on 16. Ivermectin. 18. Glycerin. October 31, 2003 (68 FR 61987) and has 17. Phosphoric acid. 19. Hydrogen peroxide. an expiration date of October 31, 2008, 18. Copper sulfate. 20. Lecithin—bleached. not October 31, 2007. As a result, the 19. Iodine. 21. Magnesium carbonate. renewal of carrageenan will not be 20. Lidocaine. 22. Magnesium chloride. carried out through this rulemaking. 21. Lime, hydrated. 23. Magnesium stearate. The exemption will remain in effect on 22. Mineral oil. 24. Nutrient vitamins. the National List until October 31, 2008. 23. Procaine. 25. Nutrient minerals. Continued use of the exemption after 24. Trace minerals. 26. Ozone. such date will be contingent upon 25. Vitamins. 27. Pectin (low-methoxy). future rulemaking. 26. EPA List 4—Inerts of Minimal 28. Phosphoric acid. III. Related documents Concern. 29. Potassium acid tartrate. 30. Potassium carbonate. One advanced notice of proposed Section 205.604 Nonsynthetic 31. Potassium citrate. rulemaking with request for comments Substances Prohibited for Use in 32. Potassium hydroxide. was published in Federal Register Organic Livestock Production 33. Potassium iodide. Notice 70 FR 35177, June 17, 2005, to 1. Strychnine. 34. Potassium phosphate. make the public aware that the

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allowance of 169 synthetic and non- production and handling of organically impact analysis on small entities in the synthetic substances in organic produced agricultural products that are final rule published in the Federal production and handling will expire, if produced in the State and for the Register on December 21, 2000 (65 FR not reviewed by the NOSB and renewed certification of organic farm and 80548). The AMS has also considered by the Secretary. On March 6, 2007, a handling operations located within the the economic impact of this action on proposed rule with request for State under certain circumstances. Such small entities. The impact on entities comments was published in Federal additional requirements must: (a) affected by this final rule would not be Register Notice 72 FR 9872. Further the purposes of the OFPA, (b) significant. This action would not be inconsistent with the OFPA, (c) reauthorize certain provisions of the IV. Statutory and Regulatory Authority not be discriminatory toward National List to provide small entities The OFPA, as amended (7 U.S.C. 6501 agricultural commodities organically continued access to tools that they can et seq.), authorizes the Secretary to produced in other States, and (d) not be use in day-to-day operations. The AMS make amendments to the National List effective until approved by the concludes that the economic impact of based on proposed amendments Secretary. this final rule, if any, would be minimal developed by the NOSB. Sections Pursuant to section 6519(f) of the and entirely beneficial to small 6518(k)(2) and 6518(n) of OFPA OFPA (7 U.S.C. 6519(f)), this final rule agricultural service firms. Accordingly, authorize the NOSB to develop would not alter the authority of the USDA certifies that this rule will not proposed amendments to the National Secretary under the Federal Meat have a significant economic impact on List for submission to the Secretary and Inspection Act (21 U.S.C. 601 et seq.), a substantial number of small entities. establish a petition process by which the Poultry Products Inspections Act (21 Small agricultural service firms, persons may petition the NOSB for the U.S.C. 451 et seq.), or the Egg Products which include producers, handlers, and purpose of having substances evaluated Inspection Act (21 U.S.C. 1031 et seq.), accredited certifying agents, have been for inclusion on or deletion from the concerning meat, poultry, and egg defined by the Small Business National List. The National List petition products, nor any of the authorities of Administration (SBA) (13 CFR 121.201) process is implemented under § 205.607 the Secretary of Health and Human as those having annual receipts of less of the NOP regulations. The current Services under the Federal Food, Drug than $6,500,000 and small agricultural petition process (72 FR 2167, January and Cosmetic Act (21 U.S.C. 301 et producers are defined as those having 18, 2007) can be accessed through the seq.), nor the authority of the annual receipts of less than $750,000. NOP Web site at http:// Administrator of the Environmental This final rule would have an impact on www.ams.usda.gov/nop. Protection Agency (EPA) under the a substantial number of small entities. Federal Insecticide, Fungicide and Based upon USDA’s Economic A. Executive Order 12866 Rodenticide Act (7 U.S.C. 136 et seq.). Research Service and AMS data This action has been determined not Section 6520 of the OFPA (7 U.S.C. compiled from 2001 to 2005, the U.S. significant for purposes of Executive 6520) provides for the Secretary to organic industry at the end of 2005 Order 12866, and therefore, has not establish an expedited administrative included nearly 8,500 certified organic been reviewed by the Office of appeals procedure under which persons crop and livestock operations, plus Management and Budget. may appeal an action of the Secretary, more than 2,900 handling operations. the applicable governing State official, Organic crop and livestock operations B. Executive Order 12988 or a certifying agent under this title that reported certified acreage totaling more Executive Order 12988 instructs each adversely affects such person or is than 4.05 million acres of organic farm executive agency to adhere to certain inconsistent with the organic production. Total number of organic requirements in the development of new certification program established under crop and livestock operations increased and revised regulations in order to avoid this title. The OFPA also provides that by more than 18 percent from 2001 to unduly burdening the court system. the U.S. District Court for the district in 2005, while total certified acreage more This final rule is not intended to have which a person is located has than doubled during this time period. a retroactive effect. jurisdiction to review the Secretary’s AMS estimates that these trends States and local jurisdictions are decision. continued through 2006 and will be preempted under the OFPA from higher in 2007. creating programs of accreditation for C. Regulatory Flexibility Act U.S. sales of organic food and private persons or State officials who The Regulatory Flexibility Act (RFA) beverages have grown from $1 billion in want to become certifying agents of (5 U.S.C. 601 et seq.) requires agencies 1990 to nearly $17 billion in 2006. organic farms or handling operations. A to consider the economic impact of each Organic food sales are projected to reach governing State official would have to rule on small entities and evaluate $23.8 billion for 2010. The organic apply to USDA to be accredited as a alternatives that would accomplish the industry is viewed as the fastest growing certifying agent, as described in objectives of the rule without unduly sector of agriculture, currently § 6514(b) of the OFPA (7 U.S.C. burdening small entities or erecting representing nearly 3 percent of overall 6514(b)). States are also preempted barriers that would restrict their ability food and beverage sales. Since 1990, under §§ 6503 through 6507 of the to compete in the market. The purpose organic retail sales have historically OFPA (7 U.S.C. 6503 through 6507) is to fit regulatory actions to the scale of demonstrated a growth rate between 20 from creating certification programs to businesses subject to the action. Section to 24 percent each year including a 22 certify organic farms or handling 605 of the RFA allows an agency to percent increase in 2006. operations unless the State programs certify a rule, in lieu of preparing an In addition, USDA has accredited 99 have been submitted to, and approved analysis, if the rulemaking is not certifying agents who have applied to by, the Secretary as meeting the expected to have a significant economic USDA to be accredited in order to requirements of the OFPA. impact on a substantial number of small provide certification services to Pursuant to section 6507(b)(2) of the entities. producers and handlers. A complete list OFPA (7 U.S.C. 6507(b)(2)), a State Pursuant to the requirements set forth of names and addresses of accredited organic certification program may in the RFA, the Agricultural Marketing certifying agents may be found on the contain additional requirements for the Service (AMS) performed an economic NOP Web site, at http://

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www.ams.usda.gov/nop. AMS believes interest reviewed through the National Codex Guidelines does not mean that that most of these entities would be List review process. the substance is inconsistent with the considered small entities under the A foreign government requested that Codex Guidelines. Instead, we believe criteria established by the SBA. the Secretary provide scientific that the Codex Guidelines are more justification for the use of Potassium focused on the system of review and D. Paperwork Reduction Act bicarbonate, Humic acids, Lignon criteria utilized by national Under the OFPA, no additional sulfonoate, and liquid fish products in governments to accept or reject the use collection or recordkeeping organic production. The comment noted of substances in organic agriculture. Our requirements are imposed on the public that such substances are not included in National List review system embodies by this final rule. Accordingly, OMB Annex 2 of the Codex Guidelines for the criteria of the Codex Guidelines; it clearance is not required by section Organically Produced Foods or do not also engages science, public interests/ 350(h) of the Paperwork Reduction Act meet Section 5 of the Codex Guidelines. comments, and federal agency of 1995, 44 U.S.C. 3501, et seq., or The foreign government also requested consultations that help contribute to OMB’s implementing regulation at 5 the Secretary to explain why the NOSB well-informed decision-making. CFR part 1320. did not consider removing the In response to the foreign AMS is committed to compliance prohibition on the use of ‘‘Ash from government’s comment on why the with the Government Paperwork manure burning’’ as they believe its use NOSB did not consider removing the Elimination Act (GPEA), which requires complies with the principles of organic prohibition on the use of ‘‘Ash from Government agencies in general to production. Lastly, they requested an manure burning,’’ the NOSB, based on provide the public the option of explanation as to why the exemption for input from the public, did not believe submitting information or transacting nonsynthetic colors was proposed for the prohibition on the use of ‘‘Ash from business electronically to the maximum removal from the National List whereas manure burning’’ should be lifted. extent possible. the exemption for nonsynthetic flavors Manure ash was originally prohibited was proposed for retention. due to the environmental impact of its E. Received Comments on Proposed In response to the comments manufacture and its adverse impact on Rule AMS–TM–06–0222 regarding Potassium bicarbonate, Humic soil quality when compared with acids, Lignon sulfonate, and liquid fish AMS received 11 comments on compost and raw manure. products, these substances have been Lastly, with respect to the foreign proposed rule AMS–TM–06–0222. determined by the NOSB and the government’s question as to why the Comments were received from organic Secretary to meet national statutory and exemption for nonsynthetic colors was consumers, trade associations, organic regulatory provisions regarding the use proposed for removal from the National handlers, ingredient manufacturers, and of substances in organic agriculture (the List whereas the exemption for one foreign government. In general, OFPA). In addition, the USDA does not nonsynthetic flavors was proposed for comments were in support of the believe that such substances are retention, the NOSB voted not to renew proposed rule. One commenter inconsistent with the Codex Guidelines. the exemption to permit the use of questioned of whether AMS had made The Guidelines provide that national nonsynthetic colors in organic handling errors in listing certain proposed governments take the following criteria because the substance category substances under § 205.601 by into consideration when making (nonsynthetic colors) had never duplicating entries. Specifically, the determinations on the addition of received a formal recommendation from commenter questioned whether substances to their National Lists: (1) the NOSB to be included on the hydrogen peroxide, newspaper or other Substances are consistent with National List during the promulgation of recycled paper, elemental sulfur, principles of organic production as the NOP regulations. Nonsynthetic horticultural oils, and lignin sulfonate outlined in these Guidelines; (2) use of colors were erroneously included in the were duplicates and entered in error. In the substance is necessary/essential for final rule. As a result, the NOSB response to the concern expressed by its intended use; (3) manufacture, use received several comments to remove the commenter, AMS did not list the and disposal of the substance does not the category of nonsynthetic colors from aforementioned substances in error. The result in, or contribute to, harmful the National List, as nonsynthetic colors substances appear twice under effects on the environment; (4) they should be evaluated by the NOSB § 205.601 of the National List because have the lowest negative impact on through the petition process. they have multiple uses. For example, human or animal health and quality of The NOSB took comments into hydrogen peroxide is authorized and life; and (5) approved alternatives are account that raised concern about how listed for use under § 205.601(a) as an not available in sufficient quantity and/ the broad category of ‘‘nonsynthetic algicide, disinfectant, and sanitizer. It is or quality. All of these have been colors’’ produces difficulty in also authorized and listed for use under criteria have been taken into determining and verifying what colors § 205.601(i) as a plant disease control. consideration for determining the are truly nonsynthetic versus synthetic A few commenters requested that whether Potassium bicarbonate, Humic and how such ambiguity could give rise certain proposed exemptions be acids, Lignon sulfonate, and liquid fish to the use of inappropriate substances in discontinued due to the assertions that products are compatible with organic organically handled products. In the substances were either (1) systems of agriculture. addition, the NOSB also deliberated on nonsynthetic and did not require In addition, the foreword to Annex 2 the historical fact that nonsynthetic identification on the National List or (2) of the Codex Guidelines provides that colors had been permitted for use by the were no longer necessary for organic ‘‘The following lists (Annex 2: Tables 1, organic industry for over five years. As production due to the presence of an 2, 3, and 4) do not attempt to be all a result, commenters raised a general alternative. USDA believes that these inclusive or exclusive, or a finite concern that removing nonsynthetic comments did not provide sufficient regulatory tool, but rather provide colors from the National List could information/documentation to support advice to governments on cause a disruption in the manufacture of the assertions. We recommend that the internationally agreed inputs.’’ organic products in the organic commenters submit petitions to the Therefore, we believe that the absence handling sector. Taking all of these NOSB and have the substances of of a substance from Annex 2 of the concerns into consideration, the NOSB

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considered that in the absence of an veterinarian. Allowed for use as a teat organic poultry production until initial recommendation from the NOSB dip when alternative germicidal agents October 21, 2008. to permit the addition of nonsynthetic and/or physical barriers have lost their (2) Trace minerals, used for colors as a broad category that they effectiveness. enrichment or fortification when FDA could not continue to permit the (5) Chlorine materials—disinfecting approved. exemption of nonsynthetic colors on and sanitizing facilities and equipment. (3) Vitamins, used for enrichment or § 205.605(a). As a result, the NOSB Residual chlorine levels in the water fortification when FDA approved. voted not to renew the exemption of shall not exceed the maximum residual (e) As synthetic inert ingredients as nonsynthetic colors on § 205.605(a). disinfectant limit under the Safe classified by the Environmental Drinking Water Act. Protection Agency (EPA), for use with F. Effective Date (i) Calcium hypochlorite. nonsynthetic substances or a synthetic This final rule reflects (ii) Chlorine dioxide. substances listed in this section and recommendations submitted to the (iii) Sodium hypochlorite. used as an active pesticide ingredient in Secretary by the NOSB for the purpose (6) Electrolytes—without antibiotics. accordance with any limitations on the of fulfilling the requirements of 7 U.S.C. (7) Glucose. use of such substances. 6517(e) of the OFPA. 7 U.S.C. 6517(e) (8) Glycerine—allowed as a livestock (1) EPA List 4—Inerts of Minimal requires the NOSB to review each teat dip, must be produced through the Concern. substance on the National List within 5 hydrolysis of fats or oils. (2) [Reserved] years of its publication. The substances (9) Hydrogen peroxide. (f)–(z) [Reserved] being reauthorized for use on the (10) Iodine. National List were initially authorized (11) Magnesium sulfate. § 205.605 [Amended] for use or prohibition in organic (12) Oxytocin—use in postparturition I 3. In § 205.605, substances ‘‘colors, agriculture on October 21, 2002. therapeutic applications. nonsynthetic sources only’’ is removed Because these substances are critical to (13) Paraciticides. Ivermectin- from paragraph (a) and the substance organic production and handling prohibited in slaughter stock, allowed in ‘‘Potassium tartrate made from tartaric operations, producers and handlers emergency treatment for dairy and acid’’ is removed from paragraph (b). breeder stock when organic system should be able to continue to use them Dated: October 10, 2007. beyond their 5-year expiration date of plan-approved preventive management Lloyd C. Day, October 21, 2007. Accordingly, this rule does not prevent infestation. Milk or shall be effective on October 21, 2007. milk products from a treated animal Administrator, Agricultural Marketing cannot be labeled as provided for in Service. List of Subjects in 7 CFR Part 205 subpart D of this part for 90 days [FR Doc. E7–20326 Filed 10–15–07; 8:45 am] Administrative practice and following treatment. In breeder stock, BILLING CODE 3410–02–P procedure, Agriculture, Animals, treatment cannot occur during the last Archives and records, Imports, Labeling, third of gestation if the progeny will be Organically produced products, Plants, sold as organic and must not be used NUCLEAR REGULATORY Reporting and recordkeeping during the lactation period for breeding COMMISSION requirements, Seals and insignia, Soil stock. conservation. (14) Phosphoric acid—allowed as an 10 CFR Parts 30, 31, 32, and 150 I For the reasons set forth in the equipment cleaner, Provided, That, no RIN 3150–AH41 preamble, 7 CFR part 205, Subpart G is direct contact with organically managed amended as follows: livestock or land occurs. Exemptions From Licensing, General (b) As topical treatment, external Licenses, and Distribution of PART 205—NATIONAL ORGANIC parasiticide or local anesthetic as Byproduct Material: Licensing and PROGRAM applicable. Reporting Requirements (1) Copper sulfate. I 1. The authority citation for 7 CFR (2) Iodine. AGENCY: Nuclear Regulatory part 205 continues to read as follows: (3) Lidocaine—as a local anesthetic. Commission. Authority: 7 U.S.C. 6501–6522. Use requires a withdrawal period of 90 ACTION: Final rule. days after administering to livestock I 2. Section 205.603 is revised to read intended for slaughter and 7 days after SUMMARY: The U.S. Nuclear Regulatory as follows: administering to dairy animals. Commission (NRC) is amending several § 205.603 Synthetic substances allowed (4) Lime, hydrated—as an external regulations governing the distribution of for use in organic livestock production. pest control, not permitted to cauterize byproduct material. The reporting In accordance with restrictions physical alterations or deodorize animal requirements for licensees distributing specified in this section the following wastes. byproduct material to persons exempt synthetic substances may be used in (5) Mineral oil—for topical use and as from licensing are being changed, organic livestock production: a lubricant. obsolete provisions are being deleted, (a) As disinfectants, sanitizer, and (6) Procaine—as a local anesthetic, certain regulatory provisions are being medical treatments as applicable. use requires a withdrawal period of 90 clarified, and smoke detector (1) Alcohols. days after administering to livestock distribution regulations are being (i) Ethanol-disinfectant and sanitizer intended for slaughter and 7 days after simplified. In addition, this final rule only, prohibited as a feed additive. administering to dairy animals. modifies the process for transferring a (ii) Isopropanol-disinfectant only. (c) As feed supplements. None. generally licensed device for use under (2) Aspirin-approved for health care (d) As feed additives. a specific license. Aspects of this rule use to reduce inflammation. (1) DL–Methionine, DL–Methionine- will affect distributors of exempt (3) Biologics—vaccines. hydroxy analog, and DL–Methionine- byproduct material, some general (4) Chlorhexidine—allowed for hydroxy analog calcium (CAS #59–51– licensees, and some users of exempt surgical procedures conducted by a 8; 63–68–3; 348–67–4) for use only in products. These actions are intended to

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make the licensing of distribution to an unreasonable risk to the common policy concerning acceptable doses from exempt persons more effective and defense and security and to the health exempt products and materials. For efficient, reduce unnecessary regulatory and safety of the public.’’ To ensure that some exempt products, there was a burden to certain general licensees, and its exemptions meet the requirements of significant difference between potential better ensure the protection of public the Act, the Commission specifies limits and likely doses because the use of the health and safety. for the radiological properties of what is exempt product is limited (or DATES: Effective Date: This final rule is distributed to persons exempt from nonexistent) or significantly lower effective on December 17, 2007. licensing, and carefully oversees the quantities are used in products than is FOR FURTHER INFORMATION CONTACT: manufacture and distribution of the potentially allowed under the Andy Imboden, Office of Federal and approved products and materials. exemption. State Materials and Environmental As beneficial uses of byproduct The Commission is also revising a Management Programs, U.S. Nuclear material were developed and experience certain general license within this final Regulatory Commission, Washington, grew, new products intended for use by rule. General licenses are provided by DC 20555–0001, (301) 415–2327, the public were invented, and the regulation, grant authority to a person [email protected]. regulations were amended to for certain activities involving accommodate their use under various byproduct material, and are effective SUPPLEMENTARY INFORMATION: exemptions from licensing. These without the filing of an application with I. Background products and materials present very low the Commission or the issuance of A. Introduction risks of significant individual doses. licensing documents to particular B. Regulatory Framework However, a substantial portion of the persons. Separate and distinct from II. Discussion public uses these products—more than either exemptions or specific licenses, A. Improved Reporting of Distribution to 100 million smoke detectors are in use general licenses are designed to be Persons Exempt From Licensing in this country—and as a result, is commensurate with the specific Requirements B. NRC Licensing of the Introduction of routinely exposed to some ionizing circumstances covered by each general Exempt Concentrations radiation. Therefore, in the 1990s, the license. However, the NRC has C. Bundling of Exempt Quantities Commission conducted a systematic determined that its regulations were not D. Obsolete Provisions reevaluation of the exempt materials clear with respect to certain transfers of E. New Product-Specific Exemption for and products, most of which had been generally licensed devices. This has led Smoke Detectors approved before 1970. A major part of to inefficiencies in licensing oversight F. Specific Licenses and Generally the effort was an assessment of the and may negatively impact public Licensed Devices—Clarification potential and likely doses to workers confidence. Thus, the NRC is clarifying III. Summary of Public Comments on the and the public under the existing and simplifying its regulations related to Proposed Rule A. Meaning of the Term ‘‘Byproduct regulations governing the distribution of this issue. Material’’ exempt products. This final rule reflects the B. Exempt Quantity Distribution Reports Dose assessments associated with Commission’s goals to make its C. Transfer of Generally Licensed Devices most exempt products can be found in regulations more flexible, user-friendly, D. New Product-Specific Exemption for NUREG–1717,1 ‘‘Systematic and performance-based, and to improve Smoke Detectors Radiological Assessment of Exemptions its ability to risk-inform its regulatory E. NRC—Agreement State Jurisdictional for Source and Byproduct Materials,’’ program. These concepts continue to be Issues June 2001. Generally, the systematic considered in developing potential F. Disposal of Exempt and Generally assessment of exemptions determined revisions to the regulatory program in Licensed Devices that no significant problems exist with the area of distribution of byproduct IV. Amendments by Section the current uses of byproduct materials V. Criminal Penalties material to exempt persons. To make VI. Agreement State Compatibility under the exemptions from licensing. optimal use of rulemaking resources, VII. Voluntary Consensus Standards Actual exposures of the public likely to both for the NRC and the States who VIII. Environmental Assessment and Finding occur are in line with Commission must develop conforming regulations, of No Significant Environmental Impact: several issues have been combined into Availability 1 NUREG–1717 is a historical document this final rule. IX. Paperwork Reduction Act Statement developed using the models and methodology A proposed rule containing these X. Regulatory Analysis available in the 1990s. The NUREG provides the amendments was published for public XI. Regulatory Flexibility Certification estimate of the radiological impacts of the various exemptions from licensing based on what was comment in the Federal Register on XII. Backfit Analysis known about distribution of material under the January 4, 2006 (71 FR 275). The public XIII. Congressional Review Act exemptions in the early 1990s. NUREG–1717 was comment period closed March 20, 2006. used as the initial basis for evaluating the I. Background regulations for exemptions from licensing Nine comment letters were received. The NRC has considered these A. Introduction requirements and determining whether those regulations adequately ensured that the health and comments in this final rule. The Commission has authority to safety of the public were protected consistent with issue both specific and general licenses NRC policies related to radiation protection. The B. Regulatory Framework agency will not use the results presented in for the use of byproduct material, and NUREG–1717 as a sole basis for any regulatory The Commission’s regulations in Part also to exempt byproduct material from decisions or future rulemaking without additional 30 contain the basic requirements for regulatory control under section 81 of analysis. licensing of byproduct material. Part 30 the Atomic Energy Act of 1954, as Copies of NUREGs may be purchased from the includes a number of regulations that Superintendent of Documents, U.S. Government amended (hereafter, ‘‘the Act’’ or the Printing Office, P.O. Box 37082, Washington, DC exempt the end user from licensing AEA). In considering its exemptions 20013–7082. Copies are also available from the requirements, so-called ‘‘exemptions.’’ from licensing, the Commission is National Technical Information Service, 5285 Port Many of these exemptions are product- directed by the Act to make ‘‘a finding Royal Road, Springfield, VA 22161. A copy is also specific, intended only for specific available for inspection and/or copying for a fee at that the exemption of such classes or the NRC public Document Room, One White Flint purposes which are narrowly defined by quantities of such material or such North, 11555 Rockville Pike, Public File Area O1– regulation. More broadly defined are the kinds of uses or users will not constitute F21, Rockville, MD. general materials exemptions, which

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allow the use of many radionuclides in its regulations in 1983 to change the year. In the first report made after the many chemical and physical forms reporting requirement to once every 5 change, licensees are being required to subject to limits on activity, and which years to minimize administrative submit information on transfers made are specified in §§ 30.14 and 30.18 for burden. The 1983 reporting regulations since the previous report, so that there exempt concentrations and exempt required that an additional materials are no gaps in coverage. The quantities, respectively. The transfer report be submitted when filing requirements added in 1983 for Commission’s regulations also include for license renewal or notifying the NRC licensees to file a special material two class exemptions—for self- of a decision to cease licensed activities. transfer report when filing for license luminous products and gas and aerosol However, subsequent experience with renewal (contained in the existing detectors, in §§ 30.19 and 30.20, the 5-year reporting frequency has §§ 32.12, 32.16, 32.20, 32.25, and 32.29) respectively—which cover a broad class shown that it does not provide the NRC are being deleted. Another change is of products not limited to certain with complete, accurate, or timely being made to the same sections so that quantities or radionuclides. Under the information on products and materials material transfer reports are required 30 class exemptions, many products can be containing byproduct material days after ceasing authorized activities, approved for use through the licensing distributed for use under exemptions rather than at the point of notifying the process if the applicant demonstrates from licensing. Commission of the decision to cease that the specific product is within the A 5-year reporting cycle does not authorized activities. class and meets certain radiation dose produce timely information for the NRC In addition to the lengthy period criteria. to fully determine the products and between the 5-year reports, the manner Part 31 provides general licenses for amount of byproduct material in which product information and the use of certain items containing distributed annually for exempt use. licensee information has been submitted byproduct material and the The lack of timely information limits in the reports has not always been clear, requirements associated with these the NRC’s ability to evaluate the overall making the data more difficult to use. general licenses. net impact of such distribution on This final rule modifies how Part 32, Subpart A, sets out public health and safety. Because the information is to be provided, requirements for the manufacture or date of reporting for each licensee is improving clarity by making the initial transfer (distribution) of items different and the information is not reporting provisions more specific. containing byproduct material to necessarily reported by year, it is Under the revised provisions, as persons exempt from licensing difficult to estimate the amount or types specified in §§ 32.12(a)(1), 32.16(a)(1), requirements. of exempt products containing 32.20(b)(1), 32.25(c)(1), and 32.29(c)(1), Part 150 sets out regulations for all byproduct material distributed each the report must clearly identify the States that have entered into agreements year or to detect emerging trends. A 5- specific licensee submitting the report, with the Commission under subsection year reporting period also negatively including the license number. In 274b of the Act. affects the availability of current addition, as specified in §§ 32.12(a)(2), information. The limitations of the 32.16(a)(2), 32.20(b)(2), 32.25(c)(2), and II. Discussion information about the products and 32.29(c)(2), the report is required to This final rule makes a number of materials and quantities distributed for reference the specific exemption revisions to the regulations governing use under exemption greatly impacted provision under which the products or the use of byproduct material under the effort involved in developing the materials are being distributed. exemptions from licensing and under dose assessments in NUREG–1717 and The current regulations require that general license, and to the requirements contributed to uncertainties in the the licensee must identify the for those who distribute products and results. distributed product; however, different materials for use under exemptions from Reevaluation of the reporting licensees have complied with this licensing. The changes are intended to requirements suggests that annual requirement in a number of ways, some better ensure the protection of public reporting may also be administratively of which necessitated that the NRC health and safety and improve the more efficient than a 5-year cycle for obtain additional information to fully efficiency and effectiveness of certain both the NRC and licensees. There have interpret what was being distributed. licensing actions. been more implementation problems Licensees have frequently included with the longer cycle than with annual model numbers in the reports, but often A. Improved Reporting of Distribution to reporting. For example, because of the as the only identification of the type of Persons Exempt From Licensing long interval between reports, licensees product being transferred. This final Requirements frequently neglect to file reports in rule adds the requirement to report The reporting and recordkeeping compliance with the regulations. This model numbers, when applicable, as requirements for distributors of lapse sometimes results in the need for part of the required information. products containing byproduct material the NRC to request that additional Other changes are being made to to persons exempt from licensing in Part information be sent so that an reduce the licensees’ reporting and 30 are being amended to improve the application for renewal or termination recordkeeping burden. Under the prior quality of data available to the NRC. The of license can be processed. The long framework, licensees were required to changes set forth in this rule have been interval between reports also may lead send a copy of the transfer reports to made in such a way that there is an to licensee inefficiencies in collecting both the NRC headquarters and the insignificant effect on these licensees’ the data. Routine annual reporting appropriate Regional office. The reporting and recordkeeping burdens. should be more straightforward and requirement to send a copy of the The reporting and recordkeeping easier for licensees to comply with than reports to the Regional offices will be requirements for these distributors are consolidating and reporting 5 years of removed. Instead, the information will found in §§ 32.12, 32.16, 32.20, 32.25(c), distribution information. be distributed by the NRC internally to and 32.29(c). This final rule requires that material the appropriate personnel. To make the Before 1983, reporting of transfers of transfer reports covering transfers made NRC’s internal document handling more exempt byproduct material was required during the calendar year be submitted efficient, the address to which reports on an annual basis. The NRC amended annually by January 31 of the following are to be sent will contain the line,

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‘‘ATTN: Document Control Desk/ were established the previous year (10 avoid a situation in which every Exempt Distribution.’’ The addressee CFR part 150 was established in 1962). Agreement State would have to also has been changed from that At the time, the only practices being maintain resources, regulations, and specified in the proposed rule to be regulated under these provisions related procedures to license this practice, consistent with the recent to quality control procedures and other despite the fact that it would be unlikely reorganization of the NRC’s materials radiotracer activities. Byproduct for any individual State to have a programs. Finally, the period for which material was permitted to be introduced significant number of these licensees. licensees must retain records, i.e., 1 year into oil, gasoline, plastics, and similar This final rule requires that the entity after transfers are included in a report, commercial and industrial materials. introducing byproduct material into will be up to 4 years shorter than under Also, at the time these provisions were products and materials for use under the the existing requirements. These factors added, it was expected that the NRC and exempt concentration provisions must are expected to make the reporting the Agreement States would develop a have an NRC license specifically process more efficient and to improve system to obtain copies of the transfer authorizing this practice. Specifically, the quality of the information reports submitted to the different the final rule changes §§ 32.11 and submitted. regulatory bodies by licensees so that 32.12 to compatibility category NRC. As a result of these changes, the NRC the NRC would have national Compatibility categories and their expects to receive information on information on distribution. Such a meanings are explained in Section VI, distribution to exempt persons that is system was never implemented. ‘‘Agreement State Compatibility.’’ This more useful for evaluating both All practices involving exempt change necessitates conforming potential individual doses to the public concentrations result in increased amendments to related paragraphs from multiple sources and collective radioactivity in the products. A number (§§ 30.14(c), 30.14(d), 32.11, 32.13, and doses to the public from these products of different practices have been 150.20) so that only NRC may authorize and materials than that provided under evaluated and conducted under § 32.11, the introduction of byproduct material the previous requirements. The NRC including the neutron irradiation of into products and materials to be will have a stronger basis for informing gemstones, silicon semiconductor distributed for use under § 30.14. the public about these exposures. These materials, and luggage and cargo in Consistent with the practice for other changes also will provide a better basis explosive detection systems. These exempt byproduct material distribution, for considering any future regulatory practices did not exist in the early a person introducing byproduct material changes in this area and for allocating 1960s, and involve consideration of into products and materials for use NRC resources. issues including extensive national under the exempt concentration distribution. These practices involve a provision may have possession and use B. NRC Licensing of the Introduction of more complex dose evaluation than did of the byproduct material authorized by Exempt Concentrations the earlier practices, which were an Agreement State and a distribution For most exemptions from licensing characterized by a single radionuclide license from the NRC. To accommodate in Part 30, distributors must have an dispersed within a product. For the case this framework, § 32.11 is revised to NRC license even if they are in of irradiation of gemstones, the NRC has exempt Agreement State licensees from Agreement States. There are two since required authorization only by an § 30.33(a)(2) and (3), so as not to exemptions for which this is not the NRC license. duplicate the licensee’s Agreement State case. One obsolete exemption, § 30.16, It is important for the NRC to obtain license conditions associated with ‘‘Resins containing scandium-46 and information on all distributions of possession and use. designed for sand-consolidation in oil byproduct material to exempt persons in Currently, the only known entities wells,’’ is being removed by this final order to effectively and efficiently assess licensed under § 32.11 (or equivalent rule, as discussed in section II.D of this the overall impact of such distributions Agreement State regulations) are a small document. The other exception to NRC- on the public. NRC licensing of all such number of radiotracer firms, licensed by only licensing of distribution of exempt distribution will facilitate this goal. the NRC, who introduce byproduct byproduct material is in § 30.14, Also, the concentration limits in § 30.70 material into material like gas and oil, ‘‘Exempt concentrations.’’ do not provide the sole assurance of and steel companies who use sources to The exempt concentration exemption protection of public health and safety. monitor refractory lining wear in blast in § 30.14 is a general materials The evaluation done in connection with furnaces. No Agreement State licensees exemption, broadly defined and not the licensing process is also important. of these types were identified by the limited to a particular use. The The previous regulatory framework NRC in 2002, when the States were exemption allows for various practices allowing multiple licensing asked to comment on the rulemaking to be evaluated on a case-by-case basis jurisdictions to have the authority to plan, or in 2005, when the NRC was through the licensing process. Section issue these licenses had the potential to assessing potential effects of this rule. 30.14, paragraph (c), contains an result in inconsistency in the licensing Changing the licensing of exemption from licensing by the NRC process. introduction of exempt concentrations for manufacturers, processors, or A regulatory framework in which to NRC-only in this regulation will producers in Agreement States if the there is one licensing authority is allow the NRC to obtain complete introduction of byproduct material into inherently more efficient than a national data on products and materials their product or material is conducted framework with multiple jurisdictions containing byproduct material by an NRC specific licensee whose from an administrative standpoint. A distributed to persons exempt from license authorizes this introduction. sole licensing authority automatically licensing and regulation. In addition, Previously, there were provisions in would possess data on the nationwide because the NRC licenses all other the NRC’s regulations that allowed amount of byproduct material distributions of exempt material, NRC- Agreement State licensing of the introduced into products distributed to only licensing of introduction of exempt introduction of exempt concentrations. the general public. In addition, because concentrations will be consistent with Agreement State licensing was added in the introduction of exempt the other types of exempt distribution. 1963, soon after the regulations concentrations is a rarely used Since no Agreement State licensees governing the Agreement State program exemption, NRC-only licensing would have been identified who introduce

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byproduct material into products Material Safety and Safeguards Decision avoid imposing a regulatory burden on received by persons exempt from on Bundling Exempt Quantities,’’ on those persons (if any are still using the licensing under § 30.14, there should be May 3, 1999, to clarify that bundling devices) who otherwise might be no impact on distributors as a result of was not appropriate under the existing impacted by this clarification in the this change. regulation. This position was supported regulation who are continuing to use A person who introduces byproduct by the language in § 32.19(d)(2), which devices in use before the generic letter material into materials or products directs the distributor to provide a label was issued. Additionally, this regulation distributed to persons exempt from or accompanying brochure with any is not intended to impact normal storage licensing under § 30.14 must, as a result distributed exempt quantities that methods of the materials held under the of this rule, hold a license from the NRC includes the statement ‘‘Exempt exemption in § 30.18. under § 32.11. Under § 30.14, the Quantities Should Not Be Combined.’’ D. Obsolete Provisions byproduct material activity However, the NRC has since concluded concentration applicable to this practice that the regulations in § 30.18 should be Some exemptions from licensing are must be less than the limits established amended to specifically prohibit considered obsolete in that no products by § 30.70, ‘‘Schedule A—Exempt bundling by the end user under the are being distributed for use under the concentrations.’’ exemption. This final rule revises the exemption. In some cases, no products covered by the exemption remain in C. Bundling of Exempt Quantities exempt quantities provision in § 30.18 to explicitly prohibit combining sources use. In others, there are no records of In accordance with § 30.18, ‘‘Exempt to create an increased radiation level. any products ever having been used. quantities,’’ a person is exempt from the The original basis for the quantities Generally, this has occurred because requirements for a license to the extent chosen for the exemption in § 30.18 was new technologies have made the use of that the person receives, possesses, uses, the more restrictive of: (1) The quantity radioactive material unnecessary or less transfers, owns, or acquires byproduct of material inhaled by a reference cost-effective. material in individual quantities, each individual exposed for 1 year at the The Commission is deleting of which does not exceed the applicable highest average concentration permitted exemptions for products that are no quantity in § 30.71, Schedule B. This in air for members of the general public longer being used or manufactured, or exemption is being amended to in unrestricted areas, or (2) for gamma revising the regulations to restrict explicitly prohibit the end user from emitters, the quantity of material that further distribution while allowing for combining, or ‘‘bundling’’ multiple would produce a radiation level of 1 the continued possession and use of sources. Commercial distributors of mR/hr at 10 cm from a point source. previously distributed items. Obsolete exempt quantities are presently This basis provides reasonable exemptions in part 30 were for: prohibited from incorporating the assurance of protection because, under automobile lock illuminators (formerly exempt byproduct material into any the conditions of the exemption, it is § 30.15(a)(2)), balances of precision manufactured or assembled commodity, unlikely that any individual would (§ 30.15(a)(3)), automobile shift product, or device by regulation (under inhale (or ingest) more than a very small quadrants (formerly § 30.15(a)(4)), § 32.18, ‘‘Manufacture, distribution and fraction of any radioactive material marine compasses (§ 30.15(a)(5)), transfer of exempt quantities of being used or receive excessive doses of thermostat dials and pointers (formerly byproduct material’’). However, until external radiation when realistic source- § 30.15(a)(6)), spark gap irradiators 2 this final rule, there had been no to-receptor distances and exposure (formerly § 30.15(a)(10)), and resins regulation prohibiting the end-user from times are assumed. Should bundling be containing scandium-46 for sand bundling sources. permitted, the NRC could not assure consolidation in oil wells (formerly The NRC became aware that some that the exposures would not exceed the § 30.16). persons holding byproduct material levels originally intended under the Of these, the exemption for resins under the general materials exemption exemption. In addition, there would be containing scandium is the only one in § 30.18 had been combining the potential for other undesirable that could have resulted in significant (bundling) multiple exempt quantities consequences, such as the disposal of doses, based on preliminary dose within an individual device that had not devices containing multiple exempt assessments. Because the exemption been evaluated or approved by the NRC. sources through ordinary commercial was no longer being used, the The devices were manufactured without waste streams or metal recycling preliminary dose assessments were not any radioactive material, but were channels resulting in inappropriate refined or included in NUREG–1717. designed to be used with multiple contamination of property. These preliminary estimates indicated a exempt quantity sources of byproduct Because of the NRC’s 1994 potential for exposures higher than are material. After becoming aware of this determination that, under certain appropriate for materials being used issue, the NRC originally determined in limited circumstances, bundling of under an exemption from licensing. The June 1994 that, under certain limited exempt sources did not present a health removal of this exemption, as a result of circumstances, the bundling of exempt and safety hazard, the May 3, 1999, this final rule, provides assurance that sources did not present a health and generic letter affirmed that the NRC did health and safety are adequately safety hazard and therefore no action not plan to take any action regarding the protected from possible future exempt was taken. Later, the NRC became devices initially produced for use with distribution. concerned that the number of exempt a limited number of exempt quantity With the exception of resins covered sources bundled in unlicensed devices sources or their users unless a by § 30.16, only the NRC has licensed could reach a point where a general or radiological safety hazard were to be distributors of these products. The specific license would otherwise be identified. The NRC has no indication required. As long as the bundled that significant exposures are resulting 2 This particular exemption is for a product sources were considered exempt, the or will result from the continued use of designed to minimize spark delay in some NRC would have no mechanism to the devices evaluated in 1994, therefore electrically ignited commercial fuel-oil burners, and is different than some products referred to as ‘‘spark ensure their safe possession, use, and this rule will allow continued exempt gaps’’ or ‘‘spark gap tubes,’’ which are a category disposal. As a result, the NRC issued use of those devices distributed before of electron tube and exempted by § 30.15(a)(8). No Generic Letter 99–01, ‘‘Recent Nuclear 1999. This exclusion is intended to change is being made to § 30.15(a)(8) at this time.

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primary bases for determining that this class exemption so that detectors § 30.15(a)(7).4 The requirements for products are obsolete are the NRC’s with similar purposes could be licensed licensees (and applicants) to distribute records on its licensees. Industry for distribution without the need for these products are contained in contacts were also used to collect establishing many product-specific §§ 32.14, 32.15, and 32.16, as revised by historical information concerning the exemptions through extensive this final rule. use of the various products. rulemaking procedures. For example, The primary difference between this For these obsolete exemptions, the the class exemption in § 30.20 has also new exemption and the existing class specific requirements for manufacturers been successfully used to cover new exemption in § 30.20 is that an and initial distributors are being chemical agent detectors. applicant for a license to distribute removed in their entirety. These include smoke detectors for use under the new regulations for the manufacture or Modern ionization chamber smoke exemption would not be required to distribution of resins containing detectors have been manufactured and submit dose assessments to demonstrate scandium–46 (formerly § 32.17) and the used for many years, with consistency that doses from the various stages of the prototype test procedures for in the design of products. Earlier smoke life cycle of the product do not exceed automobile lock illuminators formerly detector designs sometimes certain values. The applicant would still specified in § 32.40 and formerly incorporated larger amounts of be required to submit basic design required by § 32.14(d)(2). radioactive material than what is typical information consistent with that The NRC’s research has shown that today, and in some cases incorporated required from applicants to distribute the distribution of thermostat dials or other radionuclides—such as radium– products for use under other product- pointers, spark gap irradiators, and 226—whereas americium–241 is the specific exemptions, specifically for resins containing scandium–46 for sand only radionuclide that is widely used in those products used under § 30.15. The consolidation in oil wells ceased so long these devices today. Current designs are specific requirements for obtaining a ago that it is highly unlikely that any very consistent, in that they almost license to manufacture, process, remain in use. Therefore, the complete always entail using 1 µCi or less of produce, or initially transfer gas and removal of these exemptions is not americium–241, contained in a foil, and aerosol detectors intended for use under expected to have any negative effect on surrounded by an ionization chamber. the existing class exemption in § 30.20 any persons. In the unlikely event that Potential doses from the distribution, are contained in § 32.26. Conditions of a person currently possesses any of use, handling, and disposal of these these licenses are contained in § 32.29, these products for which the governing detectors have been estimated in and include requirements for quality regulations have been removed, this NUREG/CR–1156, ‘‘Environmental control, labeling, recordkeeping, and the action is not intended to change the Assessment of Ionization Chamber reporting of transfers. The safety criteria regulatory status of any products Smoke Detectors Containing Am–241,’’ (contained in §§ 32.27 and 32.28) for the previously distributed in conformance November 1979, and more recently in existing class exemption include: (1) with the provisions of the regulations NUREG–1717 (2001). Dose assessments Radiation dose limits for individuals applicable at the time the device was have been performed in numerous from normal handling, storage, use, and distributed: the user remains exempt. license applications under the existing disposal of these products; and (2) The distribution of balances of precision class exemption structure. The radiation dose limits for individuals, in and marine compasses has ceased; estimated doses under normal, routine conjunction with approximate however, some devices may still be in conditions are well under the safety associated probabilities of occurrence, use. Therefore, these exemptions will criterion for routine use of 5 mrem/year for accidents. not be completely removed. Instead, the The primary emphasis of the new (5 µSv/year) whole body, and the regulations have been changed to limit requirements imposed on the applicant associated individual organ limits. exempt use to previously distributed is to provide assurance that the products. Because the doses from smoke byproduct material is properly Deleting these unnecessary and detectors are well understood, and contained within the product and will obsolete provisions will simplify the modern designs are very consistent, this not be released under the most severe regulations. This action will also rule establishes a product-specific conditions encountered in normal use eliminate the need for the Commission exemption from licensing requirements and handling. Requirements for those to reassess the potential exposure of the for smoke detectors. This is intended to licensed to distribute smoke detectors to public from possible future distributions apply to ionization chamber smoke be used under the new product-specific of these products. Agreement State detectors containing no more than 1 µCi exemption are contained in §§ 32.15 and regulations will be shortened as well. (37 kBq) of americium-241 in the form 32.16. These regulations denote the Most importantly, eliminating obsolete of a foil, and whose primary function is quality assurance, labeling, exemptions adds assurance that future the protection of life and property. recordkeeping, and reports of transfer. use of products in these categories will Based on records of currently active The labeling requirements for the not contribute to exposures of the device designs,3 there are 106 smoke existing class exemption are found in public. detector models that are approved for § 32.29(b), and to make the product- distribution under the class exemption. specific labeling requirements E. New Product-Specific Exemption for Of these, 92 percent (97 out of 106) Smoke Detectors appear to qualify for the new product- 4 Section 30.15(a)(7) had been used before to One of the most widely distributed specific exemption because those provide an exemption for a different product. A products used under an exemption from devices are limited to no more than the product-specific exemption from licensing was µ provided in § 30.15(a)(7) for ‘‘glow lamps’’ in the licensing is the ionization chamber amount 1 Ci of americium-241 in the 1960s. Later, it was determined that glow lamps smoke detector. From April 1969 until form of a foil. The new product-specific should be exempted along with other types of this final rule, smoke detectors have exemption for ionization chamber electron tubes under § 30.15(a)(8), and § 30.15(a)(7) been used under the class exemption for smoke detectors is established as was removed. See 34 FR 6651 (April 18, 1969). Because § 30.15(a)(7) has not been used in such a gas and aerosol detectors in § 30.20 (and long time, no confusion is expected from this equivalent regulations of the Agreement 3 Data taken from the sealed source and device designation for the product-specific exemption for States). The Commission established (SS&D) registry September 2006. smoke detectors.

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equivalent to those of the class another radionuclide such as nickel-63) authorize the possession and use of the exemption, minor amendments were may distribute them under the broader device. If the specific license does not made to § 32.15. class exemption for gas and aerosol authorize the possession of the The NRC believes that an applicant detectors. particular radionuclides or activity, the who wishes to distribute a qualifying The net effect of this new product- licensee is unable to transfer a generally smoke detector will find the process specific exemption is that the regulatory licensed device to its specific license. easier and less expensive under the new burden and fees are reduced for For example, the generally licensed product-specific exemption than under applicants for licenses to distribute device to be transferred may contain the class exemption. Compared with the qualifying ionizing chamber smoke americium-241, but the specific license existing class exemption, under the new detectors. Licensees who currently does not authorize the possession of exemption, license applicants are not distribute qualifying smoke detectors (1 transuranic radionuclides (americium is required to perform and submit dose µCi or less of americium-241 in the form a transuranic element). If this is the assessments to demonstrate that doses of a foil) for use under the class case, the specific licensee must apply from the various stages of the life cycle exemption, may also realize benefits if for an appropriate amendment to the of the product do not exceed certain they amend their licenses to distribute specific license before transferring the values. It is the NRC staff’s licensing the devices under the new product- device. practice to issue licenses for the specific exemption. Additionally, the A major issue when transferring a distribution of products to be used change is expected to reduce the NRC generally licensed device to the under a class exemption only after a staff time needed to review these authority of a specific license has been sealed source and device (SS&D) review applications, because an evaluation of the label of the device. The general and registration of the model in the dose assessments is no longer necessary. license in § 31.5, under paragraph (c)(1), SS&D registry. Detectors to be used Given the wide distribution these requires that the original label on the under the new product-specific products have already experienced, this device be maintained. This label, among exemption will not be required to change is not expected to affect the other things, indicates the regulatory undergo the SS&D review, and devices overall number of smoke detectors status (as a generally licensed device), qualifying for a product-specific distributed in the future. Thus, this provides safety instructions, and may exemption may be distributed without change improves the efficiency of the refer to operating and service manuals. an SS&D certificate. As a result, regulatory process, without any impacts Retaining the label is problematic distributors of qualifying smoke to the health and safety of the public or detectors will be in a different fee the environment. because, once the device is transferred category for the application and annual to the authority of a specific license, F. Specific Licenses and Generally fees, and likely will be charged lower instructions to the general licensee may Licensed Devices—Clarification fees. Relevant application fees both with be inappropriate. For example, or without SS&D review and registration A device possessed and used under instructions may indicate that the are published in § 170.31. Annual fees § 31.5 is a generally licensed device. An licensee may not conduct its own leak for licensees distributing devices both entity who holds a specific license may tests, which is an unnecessary with or without SS&D registration are use and possess such a device under the restriction once the device is transferred published in § 171.16. Although the fees authority of the general license provided to the authority of a specific license. vary, and future fees are difficult to by regulation, or, if certain requirements Another problem with the label of the project with accuracy, the fees are are met, the entity may transfer the transferred device is that the labels of all typically more expensive if an SS&D device to the authority provided by its devices held by a specific licensee must review and registration is needed. specific license. This final rule amends conform with § 20.1904, ‘‘Labeling Consistent with the requirements of the § 31.5 to explicitly state the actions containers,’’ whereas, before the other product-specific exemptions, the necessary to successfully perform this transfer, these requirements were not applicant for a license to distribute type of transfer, and eliminates the need applicable. It is not acceptable for a under the new exemption is required to to obtain prior NRC approval. device being held under a specific submit basic design information. Following a revision to the general license to be labeled in accordance with However, compared with the process license provided by § 31.5 (65 FR 79161; § 32.51(a)(3); i.e., a general license label. established for the existing class December 18, 2000) that became Thus, if a device is transferred from exemption, under the new exemption a effective in February 2001, an increased generally licensed status to the authority sealed source and device certificate number of specific licensees transferred of a specific license, the licensee must need not be obtained (or maintained) to their authorization to possess and use consider what changes should be made distribute smoke detectors that meet the some devices under the § 31.5 general to the labeling and how those changes requirements of the new exemption. license to the authority provided by are to be made. The licensee is The new product-specific exemption their specific license. Licensees were responsible for ensuring that the label of allows licensees a new option for motivated to transfer their devices in the transferred device meets the content distributing smoke detectors to the this way primarily to avoid the newly requirements of § 20.1904, that any public that is less costly. It is not established registration fees. There are inappropriate restrictions that may have compulsory for all smoke detectors to be also other, non-fee-related reasons why been on the label are resolved, and that manufactured and distributed for use one would make such a transfer. It any changes to the label are done in a only under the new product-specific should be noted that this final rule does manner that does not damage the exemption. Furthermore, this final rule not compel eligible licensees to make device. The licensee must also ensure does not modify the existing regulation this type of transfer. that the information on the exempting users of smoke detectors There has been some confusion about manufacturer, model number, and serial from licensing (§ 30.20). A smoke the licensee’s responsibilities in number is retained on the labeling. detector manufacturer that produces enacting such a transfer. A necessary Persons who have previously devices that do not conform with the condition for this type of transfer is that transferred generally licensed devices to product-specific exemption (for the licensee must verify that the the authority of their specific license example, if the devices contain 4 µCi, or conditions of the specific license should review the status of the label of

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the device, to ensure compliance with used in smoke detectors. One comment B. Exempt Quantity Distribution Reports § 20.1904 and to resolve any was received from the Council on Comment: One commenter submitted inappropriate restrictions that may have Radionuclides and a comment on the NRC’s new reporting been left on the label. Radiopharmaceuticals, Inc. (CORAR), requirements in § 32.20(c) for Another issue when transferring a representing manufacturers and distributors and manufacturers of generally licensed device to the distributors of exempt quantities of materials distributed to persons exempt authority of a specific license concerns byproduct material. One comment was under § 30.18, ‘‘Exempt quantities.’’ The maintenance. A specific licensee who received from the Radiation Safety commenter noted that a requirement for plans to conduct its own maintenance Officer (RSO) of a university. One a report that indicates the chemical and activities, including required leak tests, comment was received from a member physical form of each exempt quantity must have information concerning the of the public who did not identify an could be excessively burdensome. The appropriate methods particular to the affiliation. Officials from two Agreement commenter suggested that the NRC device. This information may have been should specify the names that may be provided if the device had been States (Alabama and Texas) and staff distributed as specifically licensed. from two others (Illinois and Georgia) used by licensees to describe commonly However, because the device was also submitted comments. A discussion distributed materials. Response: The final rule was changed generally licensed and, in some cases, of the comments and the NRC’s as a result of this comment. The NRC the end user was not permitted to responses follow. has evaluated the impact of exempt perform certain maintenance, this A. Meaning of the Term ‘‘Byproduct quantities on the public health and information may not have been Materia’’ provided when the device was obtained. safety and the environment to weigh the effectiveness and appropriateness of its A specific licensee who transfers a Comment: One commenter noted that regulatory program for this exemption. generally licensed device to the the Energy Policy Act of 2005 changed authority of its specific license and does The NRC does this for all exempt the definition of ‘‘byproduct material’’ products and materials. During the last not already have this information, could in the AEA. It was suggested that the contact the manufacturer, a service evaluation of exempt distribution, it was NRC explain how ‘‘byproduct material’’ believed that knowledge of both the provider, another knowledgeable is defined in this rule. licensee, or a regulatory agency to chemical and physical form of material obtain information on the proper Response: The definition of byproduct distributed as ‘‘exempt quantities’’ procedures for conducting leak testing material that applies to this rule is in 10 would provide information that could and other required maintenance CFR 30.4, which currently reads: increase the NRC’s ability to estimate activities. ‘‘Byproduct material means any the impacts of this exemption on public Finally, this final rule simplifies radioactive material (except special health and safety and the environment. reporting requirements for this type of nuclear material) yielded in or made The proposed rule language, therefore, transfer. Before this rulemaking, two radioactive by exposure to the radiation required that distributors of exempt reports were required: A report before incident to the process of producing or quantities of radioactive material must the transfer (requesting permission), and utilizing special nuclear material.’’ As report, among other things, both the a report concurrent with the transfer noted in the comment, the Energy chemical and physical form of the (reporting the transfer). The NRC Policy Act of 2005 (EPAct) expanded radioactive material. However, the NRC believes that there is little benefit in and revised the definition of byproduct agrees that providing chemical requesting written approval from the material under the NRC’s jurisdiction by information would be excessively NRC before the transfer; therefore, the incorporating certain naturally burdensome for licensees, and that the regulations have been revised. To occurring and accelerator-produced NRC can perform the necessary maintain the integrity of the general radioactive material. The EPAct evaluations based on the information license tracking systems operated by the required that the NRC promulgate provided on physical form. The Commission has changed the NRC, any transfer of a generally licensed revisions to its regulations to final rule language to address the device must be reported, but two reports incorporate the new byproduct material. commenter’s concerns. The language in are not needed. Therefore, The NRC published its proposed rule on § 31.5(c)(8)(iii) is amended so that the the final rule retains the annual July 28, 2006 (71 FR 42952) in response reporting requirement for exempt pre-transfer report (requesting to this requirement, to revise its permission) is no longer required. To quantity distribution and the regulations and revise the definition of keep the appropriate tracking systems requirement to report physical form. byproduct material in certain of its up-to-date, it is still necessary for the However, the NRC will not require regulations, including 10 CFR 30.4. The licensee to file a transfer report per reporting of the chemical form. final rule was published October 1, 2007 § 31.5(c)(8)(ii). The NRC notes that while terms such (72 FR 55863). When the revised as ‘‘solid,’’ ‘‘liquid,’’ or ‘‘gas’’ are III. Summary of Public Comments on definition becomes effective November appropriate to use for reporting the the Proposed Rule 30, 2007, the new definition will apply. physical form of exempt quantities, The proposed rule on Exemptions Distributors of the newly defined other descriptive terms such as ‘‘metal’’ from Licensing, General Licenses, and byproduct material will be regulated by or ‘‘powder’’ are also acceptable. The Distribution of Byproduct Material: the NRC, and therefore required to NRC does not intend to restrict licensees Licensing and Reporting Requirements, follow the regulations as amended by to use of particular terms; doing so may was published on January 4, 2006 (71 this final rule. However, as these impose additional burden in reporting. FR 275). The comment period ended on distributors are already licensed by the If a licensee has made a substantial March 20, 2006. Nine letters were NRC for distribution of other radioactive number of distributions, and has received commenting on the proposed materials, the impact of this final rule documentation that more quickly and rule. One comment letter was submitted on these distributors will be no greater easily provides essentially the same by a smoke detector manufacturer, and than the impact on other NRC exempt information and allows the NRC to another by a manufacturer of sources distribution licensees. determine the physical form of the

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distributed material, a licensee may The final rule has been changed to commenter, some labels on generally choose to report using its own clarify that the needed information on licensed devices contain stipulations terminology instead (e.g., ‘‘solution’’ maintenance is that originated by the that restrict actions by the end user, instead of ‘‘liquid’’ or ‘‘sealed source’’ manufacturer (or initial distributor), and such as indications that the licensee instead of ‘‘solid’’). However, terms that that it need not be obtained directly. shall not conduct its own leak tests. are ambiguous (e.g., ‘‘calibration The information may be obtained from This prohibition would be in force as standard,’’ or ‘‘radiolabeled research not only the device manufacturer, but a long as the device is held under a compounds’’) do not specify the service provider, a regulatory agency, or general license; however, once the physical form and are not acceptable for another knowledgeable licensee. The device is transferred to the authority of reporting exempt quantity distribution. NRC believes that service providers, in a specific license, this restriction would Reports covering any time period particular, should have the maintenance be inappropriate. before the effective date of this final rule information readily available, and there The intent of the labeling change in are only required to contain data on the should be an established relationship the proposed rule was not to remove total quantity of each radionuclide between a service provider and the safety information, but to remove distributed. Although a report of general licensee for the devices in inappropriate restrictions that may be physical form would be useful for question. The important goal is that the on some labels and to reflect the change historical distributions, there is no specific licensee is aware of any device- in status from generally licensed to requirement to report the physical form specific maintenance instructions specifically licensed. As noted in one before the effective date of this rule. important to safety. comment, the conditions of the specific This was clarified in the final rule text. Comment: Several commenters noted license supercede the requirements of potential problems with the proposed the general license once the device is C. Transfer of Generally Licensed labeling procedure in § 31.5(c)(8)(iii)(B) transferred to the authority of the Devices that would require a licensee to remove specific license. To address this and Comment: Some commenters noted and replace the label before the transfer other potential conflicts, the NRC that the rule language as proposed in of a generally licensed device to the proposed that the licensee remove the § 31.5(c)(8)(iii)(C) would have required authority of a specific license. One existing label and replace it with that the licensee obtain maintenance commenter indicated that the proposed another. The final rule has been changed to information from the manufacturer to requirement may conflict with the requirement in § 31.5(c)(1) that prohibits allow licensees several acceptable transfer the device to its specific license, a general licensee from removing the options—including those suggested by which would be impossible if the label, and it was suggested that a commenters—for the labeling procedure manufacturer is no longer in business or specifically licensed third party would that will accompany the transfer of a otherwise unwilling to provide be needed to complete the transaction. generally licensed device to the maintenance information. It was also noted that the NRC’s labeling authority of a specific license. As Response: The final rule was changed requirements could lead to the loss of originally stated in the proposed rule, in response to this comment. The intent additional safety warnings or leak the old label may be removed entirely. in the proposed rule was that a specific testing instructions from generally However, the final rule provides an licensee is responsible for maintenance licensed devices, or that the provenance additional option that the old label may activities, but the maintenance of the device would be lost. Other be covered or altered in whole or in instructions may not have been commenters identified potential part. Alternatively, the specific licensee provided to the licensee when the problems, such as damage to the device may leave the old label on the device device was first purchased. Although that could occur during the process of and conspicuously affix a new label, so the specific licensee must have removing the old label. One commenter long as the resulting arrangement makes sufficient expertise to conduct adequate recommended that the NRC consider it clear (to an inspector, for example) maintenance activities, in some cases that when a generally licensed device is that the old label is superceded. If a there are procedures developed by the added to a specific license, the licensee believes that the process of manufacturer (and reviewed and conditions of the specific license removing the old label would affect the approved by the NRC or Agreement supersede the general license integrity of a device’s shielding or State) that are unique to the device. requirements. For instance, a specific would otherwise damage the device, the There is no universal requirement for license condition specifying leak tests licensee must use another method to manufacturers to provide this would supersede the general license comply with the labeling requirement, information to general licensees, label limitations. such as covering the old label. because general licensees are only Response: The final rule was changed The final rule has also been changed allowed to perform maintenance in response to this comment. The to specifically identify the information activities in limited circumstances, and proposed rule addressed the labeling that must be on a device that is at the time of distribution it was not procedure that would accompany the transferred from generally licensed to known that the device would eventually transfer of a generally licensed device to specifically licensed status. The final be used under the authority of a specific the authority of a specific license to rule has been clarified to require that license. Therefore, it was proposed that address the case where an old label was the device’s manufacturer, model a licensee must obtain maintenance unnecessarily restrictive on the end number, and serial number be retained. information that would be applicable user, or where the old label would not In any case, the new label must comply under the specific license. The language comply with the requirements of with the requirements for all containers in the proposed rule could have been § 20.1904, or any circumstance where of specifically licensed radioactive interpreted to limit licensees to the old label would conflict with the material (in this case, a device) in obtaining this information directly from device’s new status and the licensee’s § 20.1904, and also include the device’s the device manufacturer (or initial new responsibilities, such as if the manufacturer, model number, and serial transferor). This would be problematic if original label of the device continued to number. The requirement that the the manufacturer were no longer in indicate that it was a generally licensed device be labeled in accordance with business. device. In addition, as noted by one § 20.1904 is not a new requirement, as

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that section applies to all devices held the transfer of generally licensed licensee chooses to transfer its generally under the authority of a specific license; devices to specifically licensed status, licensed devices to the authority of its however, the requirement has been and does not address the transfer of a specific license. clarified in the final rule. The device’s device from a specific license back to its This final rule does not require manufacturer, model number, and serial original status as generally licensed. The specific licensees to list generally number is information that is not general license in § 31.5 only applies to licensed devices on their specific required by § 20.1904; however, the devices received from a § 32.51 specific licenses. Requiring this would negate a final rule clarifies that this information licensee (or Agreement State equivalent) characteristic feature of the general must be retained for tracking purposes to ensure that the device may be used license, which is valid without the and so that the provenance, or origin, of by persons with no radiological training, issuance of a licensing document to a the device is not lost. and for tracking purposes. particular person. The commenter’s Concerning the comment that an With regard to the suggestion to add approach—listing generally licensed existing regulation (§ 31.5(c)(1)) a provision to § 31.5(c) to require the devices held by a specific license as a prohibits a general licensee from general licensee to leak test the device license condition on a specific license— removing a label, the regulation would at a frequency specified under may lead to ambiguities with respect to no longer apply once the device is conditions of a specific license, once the the responsibilities of the licensee with transferred to the authority of a specific device is transferred to the authority of regard to recordkeeping (such as device license. It is also not necessary for a a specific license, the regulations in Part tracking). For example, generally specifically licensed third party (such as 31 do not apply, because the device is licensed devices under § 31.5 are a vendor) to change the label to no longer generally licensed. Therefore, tracked by the NRC, but cease to be accompany the change in status; a any rule change to this part will be tracked once the device is transferred to specific licensee who possesses the ineffective in governing licensee actions the authority of a specific license. A device is authorized to change the label. after the device is transferred. No rule misinterpretation of the regulatory Comment: A commenter objected to change is necessary, moreover, because status of the device may result in errors removing the requirement in the commenter’s concerns that the in the tracking systems. Additionally, § 31.5(c)(iii) for prior approval for this device continue to be leak tested in when the generally licensed device is category of transfer, as prior approval accordance with the terms of the disposed of or otherwise transferred to would ensure appropriate tracking and specific license will be addressed on the a specific licensee, there would be extra licensing of the device. specific license following the transfer. costs associated in amending the Response: The NRC disagrees with The NRC recognizes that the conditions license. Therefore, the NRC does not this comment and the final rule is not of the specific license supersede the believe that generally licensed devices changed. As part of transferring the requirements of the general license once should be required to be listed on device to the specific license, the the device is transferred to the authority specific licensing documents. licensee must still report the transfer of the specific license. The rule Comment: One commenter stated that under the existing requirement in language does not need to be changed to ‘‘the transfer of the GL device to an end- § 31.5(c)(8)(ii). The NRC believes this ensure that conditions of the specific user, in this case a specific licensee, report is sufficient to allow for license supersede the conditions in the would need to be reported, but not appropriate tracking and licensing and general license. because it is being transferred as a that prior approval of the transfer is Comment: One commenter stated that specifically licensed device; it is not, it unnecessary. the proposed revision to § 31.5(c)(8)(iii) is still a GL device.’’ Comment: Some commenters ‘‘is requiring additional regulation not Response: The NRC agrees that the suggested additional regulatory required of general licensees who do not transfer should be reported, under provisions with regard to the transfer of possess a specific license.’’ The § 31.5(c)(8)(iii)(D). However, the NRC a generally licensed device to the commenter indicated that an alternative disagrees with the commenter’s authority of a specific license. One approach might be ‘‘to separately list GL statement that the transferred device commenter suggested that, along with products in a distinct license condition remains under a general license. the proposed simplified mechanism for on specific licenses.’’ The commenter Although a device that may be used transferring a generally licensed device warned that the proposed rule would under a general license may also be to a specific license (GL to SL transfer), ignore the ‘‘safety properties of GL used under a specific license if the there should also be a mechanism for products and abandon their inherent specific license authorizes the transferring a device from a specific safety features and relegate them to the byproduct material, there should be a licensee back to generally licensed same requirements imposed on distinction as to which license is status (SL to GL transfer). A separate specifically licensed products.’’ providing the authority for the suggestion was made that a requirement Response: No changes to the final rule possession and use of each device. This be added to § 31.5(c)(8)(iii)(C) requiring are being made as a result of these distinction determines which the general licensee to initiate a program comments. This regulation provides requirements apply to the licensee, such to leak test the device at a frequency licensees who hold both a generally as reporting and maintenance. specified under conditions of the licensed device and a specific license specific license. A third suggestion was the option to more easily transfer a D. New Product-Specific Exemption for made that the NRC ‘‘consider’’ that generally licensed device to the Smoke Detectors when a generally licensed device is authority of a specific license. This Comment: Two commenters were added to a specific license, the transfer is not mandatory for all specific concerned about the potential impact of conditions of the specific license, such licensees who possess a generally a literal interpretation of the language in as the leak test condition, would licensed device. No additional the proposed rule exempting smoke supercede the conditions in the general regulation is being imposed on general detectors. The proposed new product- license. licensees who do not possess a specific specific exemption in § 30.15(a)(7) was Response: No change has been made license, and no additional regulation is limited to smoke detectors containing to the final rule as a result of these being imposed on general licensees who no more than 1 µCi of americium-241. comments. This final rule only affects do possess a specific license, unless the Both commenters noted that, due to

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small variations caused by the inconsistencies with the revised the release of these materials into the manufacturing process, it is impractical regulations. environment involve questions of (if not impossible) to produce smoke national policy that are best addressed E. NRC—Agreement State Jurisdictional detectors that always contain no more by the Commission. The NRC has Issues than 1 µCi of americium-241. It was determined that this discrepancy is not noted that this small variation is Comment: One commenter stated that warranted. acceptable in current licensing practices it would be helpful to clarify why the The regulations controlling the and does not present any health, safety, regulations for exempt quantities refer introduction of radioactive material into or security risk. These commenters to equivalent Agreement State products subsequently distributed suggested that a statement should be regulations. under the exempt concentration added to the final rule allowing for Response: No change to the final rule exemption (§ 30.14) is the NRC’s oldest nominal variation in the activity level of is needed as a result of this comment. exemption for byproduct material. It the source incorporated into the smoke The final rule refers to Agreement State predates the Agreement State program. detector. regulations because different agencies As the commenter notes, organizations may have jurisdiction before, during, Response: No change to the final rule of State regulators exist now, and could and after the distribution of exempt is being made as a result of these be used to facilitate the exchange of data quantities of byproduct material. For comments. The product-specific on exempt concentrations. However, as example, prior to distribution, the exemption for smoke detectors is explained below, the lack of a data possession of byproduct material intended to apply to detectors that exchange is not the only factor that the requires a license, either by the NRC or contain sources in which the expected NRC considered in determining that an Agreement State depending on activity is 1 µCi of americium-241 or exempt concentration distribution which regulatory body has jurisdiction. less. This expected quantity is also the should be changed to NRC-only The commercial distribution of exempt activity that is put on the label. The licensing. quantities of byproduct material must be NRC believes that variation is to be There is no administrative benefit in in accordance with a license issued by providing authority to States to license expected as a result of the the NRC under § 32.18, since the NRC exempt concentrations of byproduct manufacturing process, and that a has the sole authority for authorizing material, and in fact, such licensing degree of variation is acceptable. commercial transfers. After the transfer, would likely be very costly to maintain. Considerations for ensuring the quality the recipient of the byproduct material No Agreement State has identified any of products and the adequacy of is exempt from regulatory requirements licensees authorized to introduce measurement in various circumstances either from those of the NRC or an byproduct material into materials or are separate from the stated activity, or Agreement State, depending on the products that are exempt from licensing quantity, limit for an exemption. The location of the recipient. under this regulation. The only interpretation of the quantity limit of 1 Comment: One commenter raised µ businesses nationwide that are involved Ci is only that the expected, labeled objections to the NRC being the only in this practice are already NRC quantity or activity may not exceed this licensing authority for exempt licensees. Continuing with the current limit. This is consistent with the concentrations in § 30.14 and objected multi-jurisdictional structure would historical interpretation of existing to reclassification of §§ 32.11 and 32.12 require States to train qualified license quantity limits in other exemptions. It as Compatibility Category NRC. The reviewers, update and maintain should be noted that this is different commenter reasoned that organizations regulations, produce guidance from the stated ‘‘maximum activity’’ on of State regulators, such as the documents, and develop a data the SS&D registration certificate. For a Organization of Agreement States and exchange process among the States and product-specific exemption, a SS&D the Conference of Radiation Control with the NRC, which would involve an certificate is not needed, and other Program Directors could be used to unnecessary use of resources, information besides the dose assessment facilitate data exchanges on exempt considering that there are no licensees are available to ensure that the device concentration distribution nationwide, in State jurisdictions. NRC-only may be safely used under an exemption and that the change to NRC-only licensing avoids these complications from licensing. licensing would not be justified on the and costs, and a transition to NRC-only Comment: One commenter urged basis of common defense and security. licensing at this time will have no revision of the appropriate guidance Response: The NRC disagrees with regulatory impact on any business. It is document (NUREG–1556, Vol. 3, Rev. 1) this comment and the final rule retains administratively more efficient for there as soon as possible to reflect changes to the proposed language and to be one licensing authority (NRC) methods for approving sources and compatibility category. All distribution rather than for each jurisdiction to devices. of byproduct material to exempt persons maintain a licensing capability that is Response: NUREG–1556, Vol. 3, Rev. is presently solely licensed by the NRC, little used and unlike any other 1 addresses the procedures for SS&Ds, with the only exception being provided programmatic function. and will not be updated as a result of in § 30.14, ‘‘Exempt concentrations.’’ Among other reasons, the this rule because the SS&D procedures (Previously, § 30.16, which is now being Commission has retained regulatory are not being amended. However, removed, had also provided for authority for exempt distribution NUREG–1556, Vol. 8 provides program- Agreement State licensing.) This (consumer products) to remove any specific guidance about exempt discrepancy in the Commission’s possibility that population exposure distribution products. Interim staff regulations was identified as a result of from these products would be guidance to supplement NUREG–1556, the NRC’s systematic evaluation of inconsistent with Commission policies. Vol. 8 is to be provided to reflect the exemptions performed in the 1990’s, The Commission has long retained the revisions made by this final rule. The and has been discussed with the position that the distribution of changes to the guidance needed as a Agreement States since that time. The radioactive materials to the general result of this rulemaking are relatively distribution of radioactive materials to public for uncontrolled use and the minor and will be provided in the the public for uncontrolled use—which eventual disposition of these materials interim staff guidance to eliminate includes exempt concentrations—and involve questions of national policy that

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are best addressed by the NRC (March 10 CFR 32.8—Removes § 32.17 from to amend 10 CFR Parts 30, 31, 32, and 16, 1965; 30 FR 3462). The NRC’s the list of information collection 150 under one or more of Sections 161b, retaining sole licensing authority over requirements. 161i, or 161o of the AEA. Willful the distribution of exempt byproduct 10 CFR 32.11(a)—Exempts Agreement violations of the rule will be subject to material does not have to be justified State licensees from the requirements of criminal enforcement. under common defense and security. § 30.33(a)(2) and (3). 10 CFR 32.12—Revises the reporting VI. Agreement State Compatibility F. Disposal of Exempt and Generally period for material transfers to annual. In accordance with the ‘‘Policy Licensed Devices Revises the content of the reports and Statement on Adequacy and removes the requirement to send copies Comment: One commenter stated that Compatibility of Agreement State to the Regional offices. Changed to disposal costs should be factored into Programs’’ approved by the Commission reflect a reorganization within the NRC. the original cost of the exempt devices, on June 30, 1997 (62 FR 46517), NRC and that a mechanism should be 10 CFR 32.13—Prohibits the introduction of exempt concentrations program elements (including established to return exempt devices to regulations) are placed into a vendor for recycling or disposal. This by all persons except for those authorized by an NRC license. Compatibility Categories A, B, C, D, or commenter also stated that disposal NRC, or Adequacy Category H&S. This costs should be factored into the 10 CFR 32.14(d)—Removes reference to deleted § 32.40. rule does not amend any regulation original costs of generally licensed classified as compatibility category A or devices. 10 CFR 32.15(d)—Adds labeling requirements for smoke detectors adequacy category H&S. Compatibility Response: The issue of disposal costs distributed for use under the new Category B are those program elements is outside the scope of this rulemaking. product-specific exemption in § 30.15. that apply to activities that have direct IV. Amendments by Section 10 CFR 32.16—Revises the reporting and significant effects in multiple period for material transfers to annual. jurisdictions. An Agreement State 10 CFR 30.14(c)—Revises the Makes minor changes to the content of should adopt Category B program exemption for manufacturers, the reports and removes the requirement elements in an essentially identical processors, and producers to require to send copies to the Regional offices. manner. Compatibility Category C are that the licensed entity must be an NRC Removes reference to deleted § 32.17. those program elements that do not licensee, and clarifies that the Changed to reflect a reorganization meet the criteria of Categories A or B, exemption applies in all jurisdictions. within the NRC. but the essential objectives of which an 10 CFR 30.14(d)—Revises the 10 CFR 32.17—Removes obsolete Agreement State should adopt to avoid prohibition on introducing exempt distributor requirements for resins conflict, duplication, gaps, or other concentrations to apply to all persons containing scandium-46 for sand conditions that would jeopardize an except those authorized by an NRC consolidation in oil wells. orderly pattern in the regulation of license. 10 CFR 32.20—Revises the reporting agreement material on a national basis. 10 CFR 30.15(a)—Removes obsolete period for material transfers to annual. An Agreement State should adopt the exemptions (automobile lock Makes minor changes to the content of essential objectives of the Category C illuminators, automobile shift the reports and removes the requirement program elements. Compatibility indicators, thermostat dials and to send copies to the Regional offices. Category D are those program elements pointers, and spark gap irradiators). Changed to reflect a reorganization that do not meet any of the criteria of Limits certain exemptions (balances of within the NRC. Category A, B, or C, and, thus, do not precision and marine compasses and 10 CFR 32.25(c)—Revises the need to be adopted by Agreement States other navigational instruments) to reporting period for material transfers to for purposes of compatibility. previously distributed products. Creates annual. Makes minor changes to the Compatibility Category NRC are those a new exemption for smoke detectors content of the reports and removes the program elements that address areas of containing no more than 1 µCi of requirement to send copies to the regulation that cannot be relinquished americium-241 in a foil. Regional offices. Changed to reflect a to the Agreement States under the AEA 10 CFR 30.16—Removes the reorganization within the NRC. or provisions of 10 CFR. These program exemption for resins containing 10 CFR 32.29(c)—Revises the elements should not be adopted by the scandium-46 for sand consolidation in reporting period for material transfers to Agreement States. oil wells. annual. Makes minor changes to the content of the reports and removes the Despite being amended in terms of 10 CFR 30.18—Revises the exempt requirement to send copies to the substance, the compatibility category quantities provision by adding an Regional offices. Changed to reflect a will not change for many regulations as explicit prohibition against combining reorganization within the NRC. a result of this final rule. Sections 32.14, sources to create an increased radiation 10 CFR 32.40—Removes the prototype 32.15, 32.16, 32.20, 32.25, 32.29, and level. test requirements for automobile lock 32.40 will continue to be classified as 10 CFR 31.5(c)(8)(ii)—Resolves an illuminators. Category NRC. Amendments made by ambiguity with respect to addressing 10 CFR 150.20(b)—Removes the this rule to regulations in Parts 30 and reports submitted to the NRC. Changed provision for transfers to persons 31, as well as § 32.17, will continue to to reflect a reorganization within the exempt under § 30.14 from the be classified as Category B. Sections NRC. reciprocity provision for Agreement 32.13 and 150.20 will continue to be 10 CFR 31.5(c)(8)(iii)—Revises State licensees, and the reference to classified as Category C. Section 32.8 transfer provisions to explicitly state § 30.14(d). will continue to be classified as actions necessary for transfer of devices Category D. Consistent with what was from generally licensed status to V. Criminal Penalties proposed, § 32.11 is changed from specifically licensed status. Removes For the purpose of Section 223 of the Categories C/B to Category NRC and the need for written NRC approval Atomic Energy Act of 1954, as amended, § 32.12 is changed from Category C to before transfer in that case. the Commission is issuing the final rule Category NRC.

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VII. Voluntary Consensus Standards IX. Paperwork Reduction Act involve any provisions that would Statement impose backfits as defined in 10 CFR The National Technology Transfer This final rule amends information Chapter 1. Therefore, a backfit analysis and Advancement Act of 1995 (Pub. L. is not required. 104–113) requires that Federal agencies collection requirements that are subject use technical standards that are to the Paperwork Reduction Act of 1995 XIII. Congressional Review Act (44 U.S.C. 3501 et seq.). This final rule developed or adopted by voluntary In accordance with the Congressional makes minor revisions to the burden on consensus standards bodies unless the Review Act of 1996, the NRC has existing and future licensees for use of such a standard is inconsistent determined that this action is not a reporting and recordkeeping under with applicable law or otherwise major rule and has verified this §§ 31.5, 32.12, 32.16, 32.20, 32.25(c), impractical. This action does not determination with the Office of and 32.29(c). New licensees under constitute the establishment of a Information and Regulatory Affairs of § 32.14 will find their burden reduced standard that establishes generally OMB. applicable requirements. as compared to the existing licensing under § 32.26. The public burden for Lists of Subjects VIII. Environmental Assessment and this information collection is estimated 10 CFR Part 30 Finding of No Significant to average 1 hour per request. Because Environmental Impact: Availability the burden for this information Byproduct material, Criminal collection is insignificant, Office of penalties, Government contracts, The Commission has determined Management and Budget (OMB) Intergovernmental relations, Isotopes, under the National Environmental clearance is not required. Existing Nuclear materials, Radiation protection, Policy Act of 1969, as amended, and the requirements were approved by OMB Reporting and recordkeeping Commission’s regulations in Subpart A under numbers 3150–0001, 3150–0014, requirements. of 10 CFR Part 51, that this rule is not 3150–0016, and 3150–0120. a major Federal action significantly 10 CFR Part 31 affecting the quality of the human Public Protection Notification Byproduct material, Criminal environment and therefore an The NRC may not conduct or sponsor, penalties, Labeling, Nuclear materials, environmental impact statement is not and a person is not required to respond Packaging and containers, Radiation required. The Commission has prepared to, a request for information or an protection, Reporting and recordkeeping an environmental assessment for this information collection requirement requirements, Scientific equipment. final rule and has made a finding of no unless the requesting document 10 CFR Part 32 significant impact as a result of this displays a currently valid OMB control final rule. number. Byproduct material, Criminal penalties, Labeling, Nuclear materials, Many of the individual amendments X. Regulatory Analysis in this rule belong to a category of Radiation protection, Reporting and actions which the Commission, by The Commission has prepared a recordkeeping requirements. §§ 51.22(c)(1) and 51.22(c)(3)(ii) and regulatory analysis on this regulation. 10 CFR Part 150 The analysis examines the costs and (iii), has declared to be a categorical Criminal penalties, Hazardous exclusion. The amendments to §§ 30.14, benefits of the alternatives considered by the Commission. The analysis is materials transportation, 32.11, and 32.13 related to NRC Intergovernmental relations, Nuclear licensing of the introduction of exempt available for inspection in the NRC Public Document Room, 11555 materials, Reporting and recordkeeping concentrations do not change any requirements, Security measures, provision that regulates the physical Rockville Pike, Rockville, MD. Single copies of the regulatory analysis are Source material, Special nuclear nature of the products. The amendments material. to §§ 30.15, 30.16, 32.17, and 32.40 available from Andy Imboden, Office of related to deleting obsolete provisions Federal and State Materials and I For the reasons set out in the do not constitute a significant change to Environmental Management Programs, preamble and under the authority of the current practices. Similarly, the U.S. Nuclear Regulatory Commission, Atomic Energy Act of 1954, as amended; amendment to § 30.18 which prohibits Washington, DC 20555–0001, (301) 415– the Energy Reorganization Act of 1974, combining exempt quantities does not 2327, [email protected]. as amended; and 5 U.S.C. 552 and 553; change current practices. The new XI. Regulatory Flexibility Certification the NRC is adopting the following product specific exemption for smoke amendments to 10 CFR Parts 30, 31, 32, In accordance with the Regulatory and 150. detectors in § 30.15(a)(7) does not Flexibility Act of 1980 (5 U.S.C. 605(b)), change any provision that regulates the the Commission certifies that this rule PART 30—RULES OF GENERAL physical nature of the products and is does not have a significant economic APPLICABILITY TO DOMESTIC not likely to affect any environmental impact on a substantial number of small LICENSING OF BYPRODUCT resources. entities. The majority of companies that MATERIAL The detailed environmental are affected by this rule do not fall I assessment supporting this final rule is within the scope of the definition of 1 . The authority citation for part 30 available for public inspection at the ‘‘small entities’’ set forth in the continues to read as follows: NRC Public Document Room, O–1F23, Regulatory Flexibility Act or the size Authority: Secs. 81, 82, 161, 182, 183, 186, 11555 Rockville Pike, Rockville, MD. standards established by the NRC in 10 68 Stat. 935, 948, 953, 954, 955, as amended, Single copies of the Environmental CFR 2.810. sec. 234, 83 Stat. 444, as amended (42 U.S.C. Assessment may be obtained from Andy 2111, 2112, 2201, 2232, 2233, 2236, 2282); Imboden, Office of Federal and State XII. Backfit Analysis secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. Materials and Environmental The NRC has determined that the 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 Management Programs, U.S. Nuclear backfit rule (§§ 50.109, 70.76, 72.62, or (44 U.S.C. 3504 note); sec. 651(e), Pub. L. Regulatory Commission, (301) 415– 76.76) does not apply to this final rule 109–58, 119 Stat. 806–810 (42 U.S.C. 2014, 2327, [email protected]. because these amendments do not 2021, 2021b, 2111).

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Section 30.7 also issued under Pub. L. 95– microcurie (µCi) of americium-241 per (8) * * * 601, sec. 10, 92 Stat. 2951 as amended by detector in the form of a foil and (ii) Shall, within 30 days after the Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 designed to protect life and property transfer of a device to a specific licensee U.S.C. 5851). Section 30.34(b) also issued from fires. or export, furnish a report to the under sec. 184, 68 Stat. 954, as amended (42 Director of the Office of Federal and U.S.C. 2234). Section 30.61 also issued under * * * * * sec. 187, 68 Stat. 955 (42 U.S.C. 2237). (10) [Reserved] State Materials and Environmental * * * * * Management Programs by an I 2 . In § 30.14, paragraphs (c) and (d) appropriate method listed in § 30.6(a) of are revised to read as follows: § 30.16 [Removed] this chapter, including in the address: ATTN: Document Control Desk/GLTS. § 30.14 Exempt concentrations. I 4. Section 30.16 is removed. The report must contain— * * * * * I 5. In § 30.18, paragraph (a) is revised * * * * * (c) A manufacturer, processor, or and paragraph (e) is added to read as (iii) Shall obtain written NRC producer of a product or material is follows: approval before transferring the device exempt from the requirements for a § 30.18 Exempt quantities. to any other specific licensee not license set forth in section 81 of the Act specifically identified in paragraph and from the regulations in this part and (a) Except as provided in paragraphs (c)(8)(I) of this section; however, a parts 31 through 36 and 39 of this (c) through (e) of this section, any holder of a specific license may transfer chapter to the extent that this person person is exempt from the requirements a device for possession and use under transfers byproduct material contained for a license set forth in section 81 of the its own specific license without prior in a product or material in Act and from the regulations in parts 30 through 34, 36, and 39 of this chapter approval, if, the holder: concentrations not in excess of those (A) Verifies that the specific license specified in § 30.70 and introduced into to the extent that such person receives, possesses, uses, transfers, owns, or authorizes the possession and use, or the product or material by a licensee applies for and obtains an amendment holding a specific license issued by the acquires byproduct material in individual quantities, each of which to the license authorizing the possession Commission expressly authorizing such and use; introduction. This exemption does not does not exceed the applicable quantity set forth in § 30.71, Schedule B. (B) Removes, alters, covers, or clearly apply to the transfer of byproduct and unambiguously augments the * * * * * material contained in any food, existing label (otherwise required by beverage, cosmetic, drug, or other (e) No person may, for purposes of producing an increased radiation level, paragraph (c)(1) of this section) so that commodity or product designed for the device is labeled in compliance with ingestion or inhalation by, or combine quantities of byproduct material covered by this exemption so § 20.1904 of this chapter; however the application to, a human being. manufacturer, model number, and serial (d) No person may introduce that the aggregate quantity exceeds the limits set forth in § 30.71, Schedule B, number must be retained; byproduct material into a product or (C) Obtains the manufacturer’s or except for byproduct material combined material knowing or having reason to initial transferor’s information within a device placed in use before believe that it will be transferred to concerning maintenance that would be May 3, 1999, or as otherwise permitted persons exempt under this section or applicable under the specific license by the regulations in this part. equivalent regulations of an Agreement (such as leak testing procedures); and State, except in accordance with a PART 31—GENERAL DOMESTIC (D) Reports the transfer under license issued under § 32.11 of this paragraph (c)(8)(ii) of this section. chapter. LICENSES FOR BYPRODUCT MATERIAL * * * * * I 3. In § 30.15, paragraphs (a)(2), (a)(4), (a)(6), and (a)(10) are removed and I 6 . The authority citation for part 31 PART 32—SPECIFIC DOMESTIC reserved, paragraphs (a)(3) and (a)(5) are continues to read as follows: LICENSES TO MANUFACTURE OR revised, and paragraph (a)(7) is added to TRANSFER CERTAIN ITEMS read as follows: Authority: Secs. 81, 161, 183, 68 Stat. 935, 948, 954, as amended (42 U.S.C. 2111, 2201, CONTAINING BYPRODUCT MATERIAL 2233); secs. 201, as amended, 202, 88 Stat. § 30.15 Certain items containing I 8. The authority citation for part 32 byproduct material. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. continues to read as follows: (a) * * * 3504 note); sec. 651(e), Pub. L. 109–58, 119 Authority: Secs. 81, 161, 182, 183, 68 Stat. (2) [Reserved] Stat. 806–810 (42 U.S.C. 2014, 2021, 2021b, (3) Balances of precision containing 935, 948, 953, 954, as amended (42 U.S.C. 2111). 2111, 2201, 2232, 2233); sec. 201, 88 Stat. not more than 1 millicurie of tritium per I 7. In § 31.5, paragraph (c)(8)(ii) 1242, as amended (42 U.S.C. 5841); sec. 1704, balance or not more than 0.5 millicurie introductory text and paragraph 112 Stat. 2750 (44 U.S.C. 3504 note); sec. of tritium per balance part (c)(8)(iii) are revised to read as follows: 651(e), Pub. L. 109–58, 119 Stat. 806–810 (42 manufactured before December 17, U.S.C. 2014, 2021, 2021b, 2111). 2007. § 31.5 Certain detecting, measuring, I 9. In § 32.8, paragraph (b) is revised to (4) [Reserved] gauging, or controlling devices and certain read as follows: (5) Marine compasses containing not devices for producing light or an ionized more than 750 millicuries of tritium gas atmosphere.5 § 32.8 Information collection and other marine navigational * * * * * requirements: OMB approval. instruments containing not more than (c) * * * * * * * * 250 millicuries of tritium gas (b) The approved information manufactured before December 17, 5 Persons possessing byproduct material in collection requirements contained in 2007. devices under a general license in § 31.5 before this part appear in §§ 32.11, 32.12, January 15, 1975, may continue to possess, use, or (6) [Reserved] transfer that material in accordance with the 32.14, 32.15, 32.16, 32.18, 32.19, 32.20, (7) Ionization chamber smoke labeling requirements of § 31.5 in effect on January 32.21, 32.21a, 32.22, 32.23, 32.25, 32.26, detectors containing not more than 1 14, 1975. 32.27, 32.29, 32.51, 32.51a, 32.52, 32.53,

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32.54, 32.55, 32.56, 32.57, 32.58, 32.61, (c)(1) The licensee shall file the (B) The name of the radionuclide 32.62, 32.71, 32.72, 32.74, and 32.210. report, covering the preceding calendar (‘‘americium-241’’ or ‘‘Am-241’’) and * * * * * year, on or before January 31 of each the quantity of activity; and year. In its first report after December (C) An identification of the person I 10. In § 32.11, paragraph (a) is revised 17, 2007, the licensee shall separately licensed under § 32.14 to transfer the to read as follows: include data for transfers in prior years detector for use under § 30.15(a)(7) of § 32.11 Introduction of byproduct material not previously reported to the this chapter or equivalent regulations of in exempt concentrations into products or Commission or to an Agreement State. an Agreement State. materials, and transfer of ownership or (2) Licensees who permanently (ii) The labeling or marking specified possession: Requirements for license. discontinue activities authorized by the in paragraph (d)(2)(I) of this section is * * * * * license issued under § 32.11 shall file a located where it will be readily visible (a) Satisfies the general requirements report for the current calendar year when the detector is removed from its specified in § 30.33 of this chapter; within 30 days after ceasing mounting. provided, however, that the distribution. (iii) The external surface of the point- requirements of § 30.33(a)(2) and (3) do (d) If no transfers of byproduct of-sale package has a legible, readily not apply to an application for a license material have been made under § 32.11 visible label or marking containing: to introduce byproduct material into a during the reporting period, the report (A) The name of the radionuclide and product or material owned by or in the must so indicate. quantity of activity; possession of the licensee or another (e) The licensee shall maintain the (B) An identification of the person and the transfer of ownership or record of a transfer for one year after the licensed under § 32.14 to transfer the possession of the product or material transfer is included in a report to the detector for use under § 30.15(a)(7) or containing the byproduct material, if the Commission. equivalent regulations of an Agreement possession and use of the byproduct I 12. Section 32.13 is revised to read as State; and material to be introduced is authorized follows: (C) The following or a substantially similar statement: ‘‘THIS DETECTOR by a license issued by an Agreement § 32.13 Same: Prohibition of introduction. State; CONTAINS RADIOACTIVE MATERIAL. No person may introduce byproduct * * * * * THE PURCHASER IS EXEMPT FROM material into a product or material ANY REGULATORY I 11. Section 32.12 is revised to read as knowing or having reason to believe that REQUIREMENTS.’’ follows: it will be transferred to persons exempt (iv) Each detector and point-of-sale under § 30.14 of this chapter or package is provided with such other § 32.12 Same: Records and material equivalent regulations of an Agreement transfer reports. information as may be required by the State, except in accordance with a Commission. (a) Each person licensed under § 32.11 license issued under § 32.11. I 15. Section 32.16 is revised to read as shall maintain records of transfer of I 13. In § 32.14, paragraph (d) is revised follows: byproduct material and file a report to read as follows: with the Director of the Office of Federal § 32.16 Certain items containing and State Materials and Environmental § 32.14 Certain items containing byproduct material: Records and reports of Management Programs by an byproduct material; Requirements for transfer. license to apply or initially transfer. appropriate method listed in § 30.6(a) of (a) Each person licensed under § 32.14 this chapter, including in the address: * * * * * shall maintain records of all transfers of (d) The Commission determines that ATTN: Document Control Desk/Exempt byproduct material and file a report the byproduct material is properly Distribution. with the Director of the Office of Federal contained in the product under the most (1) The report must clearly identify and State Material and Environmental severe conditions that are likely to be the specific licensee submitting the Management Programs by an encountered in normal use and report and include the license number appropriate method listed in § 30.6(a) of of the specific licensee. handling. I this chapter, including in the address: (2) The report must indicate that the 14. In § 32.15, paragraph (d) is revised ATTN: Document Control Desk/Exempt byproduct material is transferred for use to read as follows: Distribution. under § 30.14 of this chapter or § 32.15 Same: Quality assurance, (1) The report must clearly identify equivalent regulations of an Agreement prohibition of transfer, and labeling. the specific licensee submitting the State. * * * * * report and include the license number (b) The report must identify the: (d)(1) Label or mark each unit, except of the specific licensee. (1) Type and quantity of each product timepieces or hands or dials containing (2) The report must indicate that the or material into which byproduct tritium or promethium-147, and its products are transferred for use under material has been introduced during the container so that the manufacturer or § 30.15 of this chapter, giving the reporting period; initial transferor of the product and the specific paragraph designation, or (2) Name and address of the person byproduct material in the product can equivalent regulations of an Agreement who owned or possessed the product or be identified. State. material, into which byproduct material (2) For ionization chamber smoke (b) The report must include the has been introduced, at the time of detectors, label or mark each detector following information on products introduction; and its point-of-sale package so that: transferred to other persons for use (3) The type and quantity of (i) Each detector has a durable, under § 30.15 or equivalent regulations radionuclide introduced into each legible, readily visible label or marking of an Agreement State: product or material; and on the external surface of the detector (1) A description or identification of (4) The initial concentrations of the containing: the type of each product and the model radionuclide in the product or material (A) The following statement: number(s), if applicable; at time of transfer of the byproduct ‘‘CONTAINS RADIOACTIVE (2) For each radionuclide in each type material by the licensee. MATERIAL’’; of product and each model number, if

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applicable, the total quantity of the year, on or before January 31 of each report for the current calendar year radionuclide; and year. In its first report after December within 30 days after ceasing (3) The number of units of each type 17, 2007, the licensee shall separately distribution. of product transferred during the include the total quantity of each (5) If no transfers of byproduct reporting period by model number, if radionuclide transferred for transfers in material have been made under § 32.22 applicable. prior years not previously reported to during the reporting period, the report (c)(1) The licensee shall file the the Commission. must so indicate. report, covering the preceding calendar (2) Licensees who permanently (6) The licensee shall maintain the year, on or before January 31 of each discontinue activities authorized by the record of a transfer for one year after the year. In its first report after December license issued under § 32.18 shall file a transfer is included in a report to the 17, 2007, the licensee shall separately report for the current calendar year Commission. include data for transfers in prior years within 30 days after ceasing I 19. In § 32.29, paragraph (c) is revised not previously reported to the distribution. to read as follows: Commission. (e) If no transfers of byproduct § 32.29 Conditions of licenses issued (2) Licensees who permanently material have been made under § 32.18 under § 32.26: Quality control, labeling, and discontinue activities authorized by the during the reporting period, the report reports of transfer. license issued under § 32.14 shall file a must so indicate. * * * * * report for the current calendar year (f) The licensee shall maintain the (c) Maintain records of all transfers record of a transfer for one year after the within 30 days after ceasing and file a report with the Director of the transfer is included in a summary report distribution. Office of Federal and State Materials (d) If no transfers of byproduct to the Commission. and Environmental Management material have been made under § 32.14 I 18. In § 32.25, paragraph (c) is revised Programs by an appropriate method during the reporting period, the report to read as follows: listed in § 30.6(a) of this chapter, must so indicate. including in the address: ATTN: (e) The licensee shall maintain the § 32.25 Conditions of licenses issued Document Control Desk/Exempt record of a transfer for one year after the under § 32.22: Quality control, labeling, and reports of transfer. Distribution. transfer is included in a report to the (1) The report must clearly identify Commission. * * * * * (c) Maintain records of all transfers the specific licensee submitting the § 32.17 [Removed] and file a report with the Director of the report and include the license number of the specific licensee. I Office of Federal and State Materials 16. Section 32.17 is removed. (2) The report must indicate that the I and Environmental Management 17. Section 32.20 is revised to read as products are transferred for use under Programs by an appropriate method follows: § 30.20 of this chapter or equivalent listed in § 30.6(a) of this chapter, § 32.20 Same: Records and material regulations of an Agreement State. including in the address: ATTN: (3) The report must include the transfer reports. Document Control Desk/Exempt (a) Each person licensed under § 32.18 following information on products Distribution. transferred to other persons for use shall maintain records of transfer of (1) The report must clearly identify under § 30.20 or equivalent regulations material identifying, by name and the specific licensee submitting the of an Agreement State: address, each person to whom report and include the license number (i) A description or identification of byproduct material is transferred for use of the specific licensee. the type of each product and the model under § 30.18 of this chapter or the (2) The report must indicate that the number(s); equivalent regulations of an Agreement products are transferred for use under (ii) For each radionuclide in each type State and stating the kinds, quantities, § 30.19 of this chapter or equivalent of product and each model number, the and physical form of byproduct material regulations of an Agreement State. total quantity of the radionuclide; transferred. (3) The report must include the (iii) The number of units of each type (b) The licensee shall file a summary following information on products of product transferred during the report with the Director of the Office of transferred to other persons for use reporting period by model number. Federal and State Materials and under § 30.19 or equivalent regulations (4)(i) The licensee shall file the report, Environmental Management Programs of an Agreement State: covering the preceding calendar year, on by an appropriate method listed in (i) A description or identification of or before January 31 of each year. In its § 30.6(a) of this chapter, including in the the type of each product and the model first report after December 17, 2007, the address: ATTN: Document Control number(s); licensee shall separately include data Desk/Exempt Distribution. (ii) For each radionuclide in each type for transfers in prior years not (1) The report must clearly identify of product and each model number, the previously reported to the Commission. the specific licensee submitting the total quantity of the radionuclide; (ii) Licensees who permanently report and include the license number (iii) The number of units of each type discontinue activities authorized by the of the specific licensee. of product transferred during the license issued under § 32.26 shall file a (2) The report must indicate that the reporting period by model number. report for the current calendar year materials are transferred for use under (4)(i) The licensee shall file the report, within 30 days after ceasing § 30.18 or equivalent regulations of an covering the preceding calendar year, on distribution. Agreement State. or before January 31 of each year. In its (5) If no transfers of byproduct (c) For each radionuclide in each first report after December 17, 2007, the material have been made under § 32.26 physical form, the report shall indicate licensee shall separately include data during the reporting period, the report the total quantity of each radionuclide for transfers in prior years not must so indicate. and the physical form, transferred under previously reported to the Commission. (6) The licensee shall maintain the the specific license. (ii) Licensees who permanently record of a transfer for one year after the (d)(1) The licensee shall file the discontinue activities authorized by the transfer is included in a report to the report, covering the preceding calendar license issued under § 32.22 shall file a Commission.

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§ 32.40 [Removed] (3) Shall not, in any non-Agreement We are issuing this AD to require I 20. Section 32.40 is removed. State, in an area of exclusive Federal actions to correct the unsafe condition jurisdiction within an Agreement State, on these products. PART 150—EXEMPTIONS AND or in offshore waters, transfer or dispose DATES: This AD becomes effective CONTINUED REGULATORY of radioactive material possessed or November 20, 2007. AUTHORITY IN AGREEMENT STATES used under the general licenses The Director of the Federal Register AND IN OFFSHORE WATERS UNDER provided in this section, except by approved the incorporation by reference SECTION 274 transfer to a person who is specifically of a certain publication listed in this AD licensed by the Commission to receive as of November 20, 2007. I 21. The authority citation for part 150 this material. ADDRESSES: You may examine the AD continues to read as follows: * * * * * docket on the Internet at http:// Authority: Sec. 161, 68 Stat. 948, as www.regulations.gov or in person at the amended, sec. 274, 73 Stat. 688 (42 U.S.C. Dated at Rockville, Maryland, this 3rd day of October 2007. U.S. Department of Transportation, 2201, 2021); sec. 201, 88 Stat. 1242, as Docket Operations, M–30, West amended (42 U.S.C. 5841); sec. 1704, 112 For the Nuclear Regulatory Commission. Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Annette L. Vietti-Cook, Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Pub. L. 109–58, 119 Stat. 806–810 (42 U.S.C. Secretary of the Commission. 2014, 2021, 2021b, 2111). Washington, DC. [FR Doc. E7–19944 Filed 10–15–07; 8:45 am] Sections 150.3, 150.15, 150.15a, 150.31, FOR FURTHER INFORMATION CONTACT: Tom 150.32 also issued under secs. 11e(2), 81, 68 BILLING CODE 7590–01–P Stafford, Aerospace Engineer, Stat. 923, 935, as amended, secs. 83, 84, 92 International Branch, ANM–116, FAA, Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under Transport Airplane Directorate, 1601 sec. 53, 68 Stat. 930, as amended (42 U.S.C. DEPARTMENT OF TRANSPORTATION Lind Avenue SW., Renton, Washington 2073). Section 150.15 also issued under secs. 98057–3356; telephone (425) 227–1622; 135, 141, Pub. L. 97–425, 96 Stat. 2232, 2241 Federal Aviation Administration fax (425) 227–1149. (42 U.S.C. 10155, 10161). Section 150.17a SUPPLEMENTARY INFORMATION: also issued under sec. 122, 68 Stat. 939 (42 14 CFR Part 39 U.S.C. 2152). Section 150.30 also issued Discussion under sec. 234, 83 Stat. 444 (42 U.S.C. 2282). [Docket No. FAA–2007–28922; Directorate We issued a notice of proposed I 22. In § 150.20, paragraph (b) Identifier 2007–NM–132–AD; Amendment rulemaking (NPRM) to amend 14 CFR introductory text, and paragraph (b)(3) 39–15225; AD 2007–21–07] part 39 to include an AD that would are revised to read as follows: apply to the specified products. That RIN 2120–AA64 NPRM was published in the Federal § 150.20 Recognition of Agreement State Register on August 16, 2007 (72 FR licenses. Airworthiness Directives; Airbus Model 45976). That NPRM proposed to correct * * * * * A310 Series Airplanes an unsafe condition for the specified (b) Notwithstanding any provision to products. The MCAI states: the contrary in any specific license AGENCY: Federal Aviation issued by an Agreement State to a Administration (FAA), Department of An incident occurred on one A300–600 Transportation (DOT). aircraft at parking brake application. Both person engaging in activities in a non- engines were running, the aircraft started Agreement State, in an area of exclusive ACTION: Final rule. moving again despite parking brake Federal jurisdiction within an application. Captain tried to stop the aircraft SUMMARY: Agreement State, or in offshore waters We are adopting a new via the pedals but, as the parking brake under the general licenses provided in airworthiness directive (AD) for the selector valve was selected, the aircraft could this section, the general licenses products listed above. This AD results not be stopped (as per design, activation of provided in this section are subject to from mandatory continuing the parking brake inhibits the other braking all the provisions of the Act, now or airworthiness information (MCAI) modes, and consequently prevents the hereafter in effect, and to all applicable originated by an aviation authority of recovery of the normal braking through the another country to identify and correct pedals). As part of the investigation, the rules, regulations, and orders of the pressure limiter was removed and examined. Commission including the provisions of an unsafe condition on an aviation product. The MCAI describes the unsafe The expertise revealed a metallic wire aimed §§ 30.7(a) through (f), 30.9, 30.10, 30.34, at reducing the section of one port of this 30.41, and 30.51 through 30.63 of this condition as: equipment was found broken. A part of this chapter; §§ 40.7(a) through (f), 40.9, An incident occurred on one A300–600 wire partially obstructed the hole receiving 40.10, 40.41, 40.51, 40.61 through 40.63, aircraft at parking brake application. Both this wire, thus delaying the build up of 40.71, and 40.81 of this chapter; engines were running, the aircraft started parking brake pressure. In order to avoid §§ 70.7(a) through (f), 70.9, 70.10, 70.32, moving again despite parking brake recurrence of the failure mode described 70.42, 70.52, 70.55, 70.56, 70.60 through application. Captain tried to stop the aircraft above, EASA issued Airworthiness Directive via the pedals but, as the parking brake (AD) 2006–0178 to require the replacement of 70.62 of this chapter; §§ 74.11, 74.15, selector valve was selected, the aircraft could the parking brake pressure limiter (FIN and 74.19 of this chapter; and to the not be stopped (as per design, activation of 323292). provisions of 10 CFR parts 19, 20 and the parking brake inhibits the other braking During embodiment of SB (Service 71 and subparts C through H of part 34, modes, and consequently prevents the Bulletin) 32–2133 on an A310 as per AD §§ 39.15 and 39.31 through 39.77 of this recovery of the normal braking through the 2006–0178 (EASA AD 2006–0178 chapter. In addition, any person pedals). As part of the investigation, the corresponds to FAA AD 2007–02–21, engaging in activities in non-Agreement pressure limiter was removed and examined. amendment 39–14908), an operator reported States, in areas of exclusive Federal The expertise revealed a metallic wire aimed that the modified pressure limiter could not jurisdiction within Agreement States, or at reducing the section of one port of this be fitted. Subsequent investigation concluded equipment was found broken. A part of this that A310 installation being slightly different in offshore waters under the general wire partially obstructed the hole receiving from A300–600 aircraft, the approved licenses provided in this section: this wire, thus delaying the build up of solution was not directly adaptable to A310 * * * * * parking brake pressure. aircraft.

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* * * This new AD, dealing with the Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as same subject, requires the replacement of the detail the scope of the Agency’s follows: brake pressure limiter by accomplishment of authority. Airbus SB A310–32–2133, which has been We are issuing this rulemaking under PART 39—AIRWORTHINESS revised to include the adaptation kit for A310 DIRECTIVES aircraft. the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: I 1. The authority citation for part 39 You may obtain further information by General requirements.’’ Under that continues to read as follows: examining the MCAI in the AD docket. section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. Comments promoting safe flight of civil aircraft in air commerce by prescribing regulations § 39.13 [Amended] We gave the public the opportunity to for practices, methods, and procedures participate in developing this AD. We I 2. The FAA amends § 39.13 by adding the Administrator finds necessary for the following new AD: received no comments on the NPRM or safety in air commerce. This regulation on the determination of the cost to the is within the scope of that authority 2007–21–07 Airbus: Amendment 39–15225. public. because it addresses an unsafe condition Docket No. FAA–2007–28922; Directorate Identifier 2007–NM–132–AD. Conclusion that is likely to exist or develop on products identified in this rulemaking Effective Date We reviewed the available data and action. (a) This airworthiness directive (AD) determined that air safety and the becomes effective November 20, 2007. public interest require adopting the AD Regulatory Findings Affected ADs as proposed. We determined that this AD will not (b) None. Differences Between This AD and the have federalism implications under MCAI or Service Information Executive Order 13132. This AD will Applicability not have a substantial direct effect on We have reviewed the MCAI and (c) This AD applies to Airbus Model A310 the States, on the relationship between series airplanes, certificated in any category, related service information and, in the national government and the States, except airplanes on which Airbus Service general, agree with their substance. But or on the distribution of power and Bulletin A310–32–2133, Revision 02, dated we might have found it necessary to use responsibilities among the various February 26, 2007, has been embodied in different words from those in the MCAI service. levels of government. to ensure the AD is clear for U.S. Subject operators and is enforceable. In making For the reasons discussed above, I these changes, we do not intend to differ certify this AD: (d) Air Transport Association (ATA) of America Code 32: Landing gear. substantively from the information 1. Is not a ‘‘significant regulatory provided in the MCAI and related action’’ under Executive Order 12866; Reason service information. 2. Is not a ‘‘significant rule’’ under the (e) The mandatory continuing We might also have required different DOT Regulatory Policies and Procedures airworthiness information (MCAI) states: actions in this AD from those in the (44 FR 11034, February 26, 1979); and An incident occurred on one A300–600 MCAI in order to follow our FAA 3. Will not have a significant aircraft at parking brake application. Both policies. Any such differences are economic impact, positive or negative, engines were running, the aircraft started moving again despite parking brake highlighted in a NOTE within the AD. on a substantial number of small entities under the criteria of the Regulatory application. Captain tried to stop the aircraft Costs of Compliance via the pedals but, as the parking brake Flexibility Act. selector valve was selected, the aircraft could We estimate that this AD will affect We prepared a regulatory evaluation not be stopped (as per design, activation of 68 products of U.S. registry. We also of the estimated costs to comply with the parking brake inhibits the other braking estimate that it will take about 6 work- this AD and placed it in the AD docket. modes, and consequently prevents the recovery of the normal braking through the hours per product to comply with the Examining the AD Docket basic requirements of this AD. The pedals). As part of the investigation, the average labor rate is $80 per work-hour. You may examine the AD docket on pressure limiter was removed and examined. the Internet at http:// The expertise revealed a metallic wire aimed Labor costs may be covered under at reducing the section of one port of this warranty as described in the service www.regulations.gov; or in person at the equipment was found broken. A part of this information. Required parts will cost Docket Operations office between 9 a.m. wire partially obstructed the hole receiving about $0 per product. Where the service and 5 p.m., Monday through Friday, this wire, thus delaying the build up of information lists required parts costs except Federal holidays. The AD docket parking brake pressure. In order to avoid that are covered under warranty, we contains the NPRM, the regulatory recurrence of the failure mode described have assumed that there will be no evaluation, any comments received, and above, EASA (European Aviation Safety charge for these parts. As we do not other information. The street address for Agency), issued Airworthiness Directive (AD) the Docket Operations office (telephone 2006–0178 to require the replacement of the control warranty coverage for affected parking brake pressure limiter (FIN 323292). ADDRESSES parties, some parties may incur costs (800) 647–5527) is in the During embodiment of SB (Service higher than estimated here. Based on section. Comments will be available in Bulletin) 32–2133 on an A310 as per AD these figures, we estimate the cost of the AD docket shortly after receipt. 2006–0178 [EASA AD 2006–0178 this AD to the U.S. operators to be List of Subjects in 14 CFR Part 39 corresponds to FAA AD 2007–02–21, $32,640, or $480 per product. amendment 39–14908], an operator reported Air transportation, Aircraft, Aviation that the modified pressure limiter could not Authority for This Rulemaking safety, Incorporation by reference, be fitted. Subsequent investigation concluded Title 49 of the United States Code Safety. that A310 installation being slightly different from A300–600 aircraft, the approved specifies the FAA’s authority to issue Adoption of the Amendment solution was not directly adaptable to A310 rules on aviation safety. Subtitle I, aircraft. section 106, describes the authority of I Accordingly, under the authority * * * This new AD, dealing with the same the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, subject, requires the replacement of the brake

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pressure limiter by accomplishment of (2) For service information identified in Examining the AD Docket Airbus SB A310–32–2133, which has been this AD, contact Airbus, 1 Rond Point revised to include the adaptation kit for A310 Maurice Bellonte, 31707 Blagnac Cedex, You may examine the AD docket on aircraft. France. the Internet at http:// (3) You may review copies at the FAA, Actions and Compliance www.regulations.gov; or in person at the Transport Airplane Directorate, 1601 Lind Docket Management Facility between 9 (f) Unless already done, do the following Avenue SW., Renton, Washington; or at the actions. a.m. and 5 p.m., Monday through National Archives and Records Friday, except Federal holidays. The AD (1) Within 10 months after the effective Administration (NARA). For information on date of this AD, replace the parking brake the availability of this material at NARA, call docket contains this AD, the regulatory pressure limiter (FIN 323292), in accordance (202) 741–6030, or go to: http:// evaluation, any comments received, and with the instructions given in Airbus Service www.archives.gov/federal-register/cfr/ibr- other information. The address for the Bulletin A310–32–2133, Revision 02, dated locations.html. Docket Office (telephone 800–647–5527) February 26, 2007. is the Document Management Facility, (2) [Reserved] Issued in Renton, Washington, on October 3, 2007. U.S. Department of Transportation, FAA AD Differences Ali Bahrami, Docket Operations, M–30, West Building Ground Floor, Room W12–140, Note: This AD differs from the MCAI and/ Manager, Transport Airplane Directorate, or service information as follows: No Aircraft Certification Service. 1200 New Jersey Avenue, SE., Washington, DC 20590. difference. [FR Doc. E7–20137 Filed 10–15–07; 8:45 am] Other FAA AD Provisions BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: Philip Petty, Aerospace Engineer, (g) The following provisions also apply to Electrical Systems and Avionics, ACE– this AD: DEPARTMENT OF TRANSPORTATION (1) Alternative Methods of Compliance 119W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, (AMOCs): The Manager, International Federal Aviation Administration Branch, ANM–116, Transport Airplane Room 100, Mid-Continent Airport, Directorate, FAA, has the authority to Wichita, Kansas 67209; telephone (316) approve AMOCs for this AD, if requested 14 CFR Part 39 946–4139; fax (316) 946–4107. using the procedures found in 14 CFR 39.19. [Docket No. FAA–2007–28810; Directorate SUPPLEMENTARY INFORMATION: Send information to ATTN: Tom Stafford, Identifier 2007–NM–104–AD; Amendment Aerospace Engineer, International Branch, 39–15226; AD 2007–21–08] Discussion ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, RIN 2120–AA64 The FAA issued a notice of proposed Washington 98057–3356; telephone (425) rulemaking (NPRM) to amend 14 CFR Airworthiness Directives; Hawker 227–1622; fax (425) 227–1149. Before using part 39 to include an AD that would Beechcraft Model Hawker 800XP any approved AMOC on any airplane to apply to certain Hawker Beechcraft which the AMOC applies, notify your Airplanes appropriate principal inspector (PI) in the Model Hawker 800XP airplanes. That FAA Flight Standards District Office (FSDO), AGENCY: Federal Aviation NPRM was published in the Federal or lacking a PI, your local FSDO. Administration (FAA), Department of Register on July 30, 2007 (72 FR 41465). (2) Airworthy Product: For any requirement Transportation (DOT). That NPRM proposed to require doing in this AD to obtain corrective actions from ACTION: Final rule. an inspection of panel DA wiring for a manufacturer or other source, use these clearance and for signs of chafing or actions if they are FAA-approved. Corrective SUMMARY: The FAA is adopting a new exposed conductors, and repairing or actions are considered FAA-approved if they airworthiness directive (AD) for certain replacing the wires and cable ties if are approved by the State of Design Authority Hawker Beechcraft Model Hawker necessary. (or their delegated agent). You are required 800XP airplanes. This AD requires to assure the product is airworthy before it Comments is returned to service. doing an inspection of panel DA wiring (3) Reporting Requirements: For any for clearance and for signs of chafing or We provided the public the reporting requirement in this AD, under the exposed conductors, and repairing or opportunity to participate in the provisions of the Paperwork Reduction Act, replacing the wires and cable ties if development of this AD. We received no the Office of Management and Budget (OMB) necessary. This AD results from reports comments on the NPRM or on the has approved the information collection of wire bundle interference in the DA determination of the cost to the public. requirements and has assigned OMB Control panel, chafed wire bundles, and Number 2120–0056. exposed conductors. We are issuing this Conclusion Related Information AD to prevent chafing of wire bundles, We have carefully reviewed the (h) Refer to MCAI EASA Airworthiness which could cause an electrical short available data and determined that air Directive 2007–0151, dated May 22, 2007; and consequent loss of several functions safety and the public interest require Airbus Service Bulletin A310–32–2133, essential for safe flight and smoke or fire adopting the AD as proposed. Revision 02, dated February 26, 2007; and in the flight compartment and main Messier-Bugatti Service Bulletin C24264–32– cabin. Costs of Compliance 848, dated February 15, 2006, for related information. DATES: This AD becomes effective There are about 438 airplanes of the November 20, 2007. affected design in the worldwide fleet. Material Incorporated by Reference The Director of the Federal Register This AD affects about 292 airplanes of (i) You must use Airbus Service Bulletin approved the incorporation by reference U.S. registry. The required inspection A310–32–2133, Revision 02, dated February of a certain publication listed in the AD takes about 2 work hours per airplane, 26, 2007, to do the actions required by this as of November 20, 2007. AD, unless the AD specifies otherwise. at an average labor rate of $80 per work (1) The Director of the Federal Register ADDRESSES: For service information hour. Based on these figures, the approved the incorporation by reference of identified in this AD, contact Hawker estimated cost of this AD for U.S. this service information under 5 U.S.C. Beechcraft Corporation, 9709 East operators is $46,720, or $160 per 552(a) and 1 CFR part 51. Central, Wichita, Kansas 67206. airplane.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Alternative Methods of Compliance (AMOCs) Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue (h)(1) The Manager, Wichita Aircraft rules on aviation safety. Subtitle I, I 2. The Federal Aviation Certification Office, FAA, has the authority to Administration (FAA) amends § 39.13 approve AMOCs for this AD, if requested in Section 106, describes the authority of accordance with the procedures found in 14 the FAA Administrator. Subtitle VII, by adding the following new CFR 39.19. Aviation Programs, describes in more airworthiness directive (AD): (2) To request a different method of detail the scope of the Agency’s 2007–21–08 Hawker Beechcraft compliance or a different compliance time authority. Corporation (formerly Raytheon for this AD, follow the procedures in 14 CFR We are issuing this rulemaking under Aircraft Company): Amendment 39– 39.19. Before using any approved AMOC on the authority described in Subtitle VII, 15226. Docket No. FAA–2007–28810; any airplane to which the AMOC applies, Part A, Subpart III, Section 44701, Directorate Identifier 2007–NM–104–AD. notify your appropriate principal inspector (PI) in the FAA Flight Standards District ‘‘General requirements.’’ Under that Effective Date Office (FSDO), or lacking a PI, your local section, Congress charges the FAA with (a) This AD becomes effective November FSDO. promoting safe flight of civil aircraft in 20, 2007. air commerce by prescribing regulations Material Incorporated by Reference for practices, methods, and procedures Affected ADs (i) You must use Raytheon Service Bulletin the Administrator finds necessary for (b) None. SB 24–3772, dated February 2006, to perform safety in air commerce. This regulation the actions that are required by this AD, Applicability unless the AD specifies otherwise. The is within the scope of that authority (c) This AD applies to Hawker Beechcraft Director of the Federal Register approved the because it addresses an unsafe condition incorporation by reference of this document that is likely to exist or develop on Model Hawker 800XP airplanes, certificated in any category; as identified in Raytheon in accordance with 5 U.S.C. 552(a) and 1 CFR products identified in this rulemaking Service Bulletin SB 24–3772, dated February part 51. Contact Hawker Beechcraft action. 2006. Corporation, 9709 East Central, Wichita, Kansas 67206, for a copy of this service Regulatory Findings Unsafe Condition information. You may review copies at the We have determined that this AD will (d) This AD results from reports of wire FAA, Transport Airplane Directorate, 1601 not have federalism implications under bundle interference in the DA panel, chafed Lind Avenue, SW., Renton, Washington; or at Executive Order 13132. This AD will wire bundles, and exposed conductors. We the National Archives and Records not have a substantial direct effect on are issuing this AD to prevent chafing of wire Administration (NARA). For information on bundles, which could cause an electrical the availability of this material at NARA, call the States, on the relationship between 202–741–6030, or go to: http:// the national government and the States, short and consequent loss of several functions essential for safe flight and smoke www.archives.gov/federal-register/cfr/ibr- or on the distribution of power and or fire in the flight compartment and main locations.html. responsibilities among the various cabin. Issued in Renton, Washington, on October levels of government. 3, 2007. For the reasons discussed above, I Compliance Ali Bahrami, certify that this AD: (e) You are responsible for having the (1) Is not a ‘‘significant regulatory actions required by this AD performed within Manager, Transport Airplane Directorate, action’’ under Executive Order 12866; the compliance times specified, unless the Aircraft Certification Service. (2) Is not a ‘‘significant rule’’ under actions have already been done. [FR Doc. E7–20138 Filed 10–15–07; 8:45 am] BILLING CODE 4910–13–P DOT Regulatory Policies and Procedures Inspection and Corrective Actions (44 FR 11034, February 26, 1979); and (f) Within 600 flight hours or 12 months (3) Will not have a significant after the effective date of this AD, whichever DEPARTMENT OF TRANSPORTATION economic impact, positive or negative, occurs first, do a detailed inspection of panel on a substantial number of small entities DA wiring for clearance and for signs of Federal Aviation Administration under the criteria of the Regulatory chafing or exposed conductors, in accordance Flexibility Act. with the Accomplishment Instructions of 14 CFR Part 39 We prepared a regulatory evaluation Raytheon Service Bulletin SB 24–3772, dated of the estimated costs to comply with February 2006. If any wire is touching the [Docket No. FAA–2005–21701; Directorate this AD and placed it in the AD docket. panel, structure, or equipment, or if evidence Identifier 2005–NM–086–AD; Amendment See the ADDRESSES section for a location of chafing or exposed conductors exists, 39–15231; AD 2007–21–13] to examine the regulatory evaluation. before further flight, repair or replace the wires and cable ties with new ones, in RIN 2120–AA64 accordance with the service bulletin. List of Subjects in 14 CFR Part 39 Airworthiness Directives; Boeing Air transportation, Aircraft, Aviation Note 1: For the purposes of this AD, a Model 747 and 767 Airplanes safety, Incorporation by reference, detailed inspection is: ‘‘An intensive examination of a specific item, installation, Safety. AGENCY: Federal Aviation or assembly to detect damage, failure, or Administration (FAA), Department of Adoption of the Amendment irregularity. Available lighting is normally Transportation (DOT). supplemented with a direct source of good I Accordingly, under the authority lighting at an intensity deemed appropriate. ACTION: Final rule. Inspection aids such as mirror, magnifying delegated to me by the Administrator, SUMMARY: The FAA is adopting a new lenses, etc., may be necessary. Surface the FAA amends 14 CFR part 39 as airworthiness directive (AD) for certain follows: cleaning and elaborate procedures may be required.’’ Boeing Model 747 and 767 airplanes. PART 39—AIRWORTHINESS (g) Although Raytheon Service Bulletin SB This AD requires reworking the DIRECTIVES 24–3772, dated February 2006, specifies to electrical bonding between the airplane submit certain information to the structure and the pump housing of the I 1. The authority citation for part 39 manufacturer, this AD does not include that outboard boost pumps in the main fuel continues to read as follows: requirement. tank of certain Boeing Model 747

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airplanes, and between the airplane Discussion service information and revised Table 1 structure and the pump housing of the The FAA issued a supplemental and paragraph (f) of the AD to refer to override/jettison pumps in the left and notice of proposed rulemaking (NPRM) the new revisions of the service right wing center auxiliary fuel tanks of to amend 14 CFR part 39 to include an information. We have also revised certain Boeing Model 767 airplanes. AD that would apply to certain Boeing paragraph (g) of the AD to give credit for This AD also requires related Model 747 and 767 airplanes. That prior accomplishment of earlier investigative actions and corrective supplemental NPRM was published in revisions by adding a new Table 2. The actions if necessary. This AD results the Federal Register on March 30, 2007 new revisions specify that no more work from fuel system reviews conducted by (72 FR 15069). That supplemental is necessary for airplanes on which the the manufacturer. We are issuing this NPRM proposed to require reworking actions were accomplished in AD to prevent insufficient electrical the electrical bonding between the accordance with the earlier revisions. bonding, which could result in a airplane structure and the pump The new revisions of the service potential of ignition sources inside the housing of the outboard boost pumps in information, among other things, correct fuel tanks, and which, in combination the main fuel tank of certain Boeing certain typographical errors, change with flammable fuel vapors, could result Model 747 airplanes, and between the references to certain documents, add in fuel tank explosions and consequent airplane structure and the pump information about certain edge margins, loss of the airplane. housing of the override/jettison pumps and revise the grouping of airplanes in the effectivity. DATES: in the left and right wing center This AD becomes effective Operators should note that on November 20, 2007. auxiliary fuel tanks of certain Boeing Model 767 airplanes. That supplemental September 25, 2007, Boeing issued The Director of the Federal Register NPRM also proposed to require related Information Notice 747–28–2259 IN 01. approved the incorporation by reference investigative actions and corrective The information notice alerts operators of certain publications listed in the AD actions if necessary. That supplemental of a typographical error in step 9 of as of November 20, 2007. NPRM proposed to revise the original figures 1 through 6 of Boeing Special ADDRESSES: For service information NPRM to add an inspection requirement Attention Service Bulletin 747–28– identified in this AD, contact Boeing for certain Model 747 airplanes, and to 2259, Revision 2, dated July 5, 2007. Commercial Airplanes, P.O. Box 3707, specify cold-working the fastener holes The information notice states that the Seattle, Washington 98124–2207. for certain other Model 747 airplanes. note given in step 9 should read ‘‘if the maximum resistance value of 0.0005 Examining the AD Docket Comments ohm can not be met, repeat steps 1 We provided the public the through 7’’ and not ‘‘steps 1 through 8.’’ You may examine the AD docket on opportunity to participate in the Explanation of Additional Change the Internet at http:// development of this AD. We have Made to This AD www.regulations.gov; or in person at the considered the comments received to Docket Management Facility between 9 the supplemental NPRM. We have simplified paragraph (f)(1) of a.m. and 5 p.m., Monday through this AD by referring to the ‘‘Alternative Friday, except Federal holidays. The AD Requests To Refer to New Revisions of Methods of Compliance (AMOCs)’’ docket contains this AD, the regulatory Service Information paragraph of this AD for repair methods. evaluation, any comments received, and Boeing, All Nippon Airways, and Air other information. The address for the Transport Association on behalf of its Conclusion Docket Office (telephone 800–647–5527) member United Airlines, all request that We have carefully reviewed the is the Document Management Facility, we refer to various new revisions of available data, including the comments U.S. Department of Transportation, relevant service information as follows: received, and determined that air safety Docket Operations, M–30, West Boeing Special Attention Service and the public interest require adopting Building Ground Floor, Room W12–140, Bulletins 747–28–2259, Revision 2, the AD with the changes described 1200 New Jersey Avenue, SE., dated July 5, 2007; 767–57–0092, previously. We have determined that Washington, DC 20590. Revision 1, dated February 15, 2007; these changes will neither increase the FOR FURTHER INFORMATION CONTACT: and 767–57–0093, Revision 1, dated economic burden on any operator nor Philip Sheridan, Aerospace Engineer, February 15, 2007. (We referred to increase the scope of the AD. earlier revisions of these service Systems and Equipment Branch, ANM– Costs of Compliance 130S, FAA, Seattle Aircraft Certification bulletins as the appropriate sources of There are about 3,401 airplanes of the Office, 1601 Lind Avenue, SW., Renton, service information for accomplishing affected design in the worldwide fleet. Washington 98057–3356; telephone the actions proposed in the The following table provides the (425) 917–6441; fax (425) 917–6590. supplemental NPRM.) We agree with the commenters’ estimated costs for U.S. operators to SUPPLEMENTARY INFORMATION: requests. We have reviewed the new comply with this AD.

ESTIMATED COSTS

Number of Action Work Average labor Cost per U.S.-registered Fleet cost hours rate per hour airplane airplanes

Rework electrical bonding for Boeing Model 747 airplanes ...... 10 $80 $800 1,115 $892,000 Rework electrical bonding for Boeing Model 767 airplanes ...... 9 80 720 921 663,120

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Authority for This Rulemaking the States, on the relationship between the FAA amends 14 CFR part 39 as Title 49 of the United States Code the national government and the States, follows: specifies the FAA’s authority to issue or on the distribution of power and PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, responsibilities among the various DIRECTIVES Section 106, describes the authority of levels of government. For the reasons discussed above, I the FAA Administrator. Subtitle VII, certify that this AD: I 1. The authority citation for part 39 Aviation Programs, describes in more (1) Is not a ‘‘significant regulatory continues to read as follows: detail the scope of the Agency’s action’’ under Executive Order 12866; authority. (2) Is not a ‘‘significant rule’’ under Authority: 49 U.S.C. 106(g), 40113, 44701. We are issuing this rulemaking under DOT Regulatory Policies and Procedures § 39.13 [Amended] the authority described in Subtitle VII, (44 FR 11034, February 26, 1979); and Part A, Subpart III, Section 44701, (3) Will not have a significant I 2. The Federal Aviation ‘‘General requirements.’’ Under that economic impact, positive or negative, Administration (FAA) amends § 39.13 section, Congress charges the FAA with on a substantial number of small entities by adding the following new promoting safe flight of civil aircraft in under the criteria of the Regulatory airworthiness directive (AD): air commerce by prescribing regulations Flexibility Act. for practices, methods, and procedures We prepared a regulatory evaluation 2007–21–13 Boeing: Amendment 39–15231. the Administrator finds necessary for of the estimated costs to comply with Docket No. FAA–2005–21701; safety in air commerce. This regulation this AD and placed it in the AD docket. Directorate Identifier 2005–NM–086–AD. is within the scope of that authority See the ADDRESSES section for a location Effective Date because it addresses an unsafe condition to examine the regulatory evaluation. (a) This AD becomes effective November that is likely to exist or develop on 20, 2007. products identified in this rulemaking List of Subjects in 14 CFR Part 39 action. Air transportation, Aircraft, Aviation Affected ADs safety, Incorporation by reference, (b) None. Regulatory Findings Safety. We have determined that this AD will Applicability Adoption of the Amendment not have federalism implications under (c) This AD applies to the Boeing airplane Executive Order 13132. This AD will I Accordingly, under the authority models identified in Table 1 of this AD, not have a substantial direct effect on delegated to me by the Administrator, certificated in any category.

TABLE 1.—AIRPLANES AFFECTED BY THIS AD

As identified in Boeing special attention Model— service bulletin—

747–100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747– 747–28–2259, Revision 2, dated July 5, 2007. 200F, 747–300, 747–400, 747–400D, 747–400F, 747SR, and 747SP series airplanes. 767–200, –300, and –300F series airplanes ...... 767–57–0092, Revision 1, dated February 15, 2007. 767–400ER series airplanes ...... 767–57–0093, Revision 1, dated February 15, 2007.

Unsafe Condition applicable, by accomplishing all the actions contacting Boeing for repair instructions: (d) This AD results from fuel system specified in the Accomplishment Before further flight, repair using a method reviews conducted by the manufacturer. We Instructions of the applicable service bulletin approved in accordance with the procedures are issuing this AD to prevent insufficient specified in Table 1 of this AD. Do any specified in paragraph (h) of this AD. electrical bonding, which could result in a related investigative and corrective actions (2) For Boeing Model 767–200, –300, potential of ignition sources inside the fuel before further flight. –300F, and –400ER series airplanes: Rework tanks, and which, in combination with (1) For Boeing Model 747–100, 747–100B, the electrical bonding between the airplane 747–100B SUD, 747–200B, 747–200C, 747– flammable fuel vapors, could result in fuel structure and the pump housing of the 200F, 747–300, 747–400, 747–400D, 747– tank explosions and consequent loss of the override/jettison pumps in the left and right airplane. 400F, 747SR, and 747SP series airplanes: Rework the electrical bonding between the wing center auxiliary fuel tanks, and do the Compliance airplane structure and the pump housing of related investigative and applicable (e) You are responsible for having the the outboard boost pumps in the main fuel corrective actions. actions required by this AD performed within tank, and do related investigative and Credit for Actions Accomplished Previously the compliance times specified, unless the applicable corrective actions. If any crack, actions have already been done. corrosion, or damage is found during the (g) Actions done before the effective date open-hole high-frequency eddy current of this AD in accordance with the applicable Rework Electrical Bonding (HFEC) inspection specified in Boeing special attention service bulletins listed in (f) Within 60 months after the effective Special Attention Service Bulletin 747–28– Table 2 of this AD are acceptable for date of this AD: Do the actions specified in 2259, Revision 2, dated July 5, 2007, and the compliance with the corresponding paragraph (f)(1) or (f)(2) of this AD, as special attention service bulletin specifies requirements of paragraph (f) of this AD.

TABLE 2.—SERVICE BULLETINS ACCEPTABLE FOR ACTIONS ACCOMPLISHED PREVIOUSLY

Boeing special attention service bulletin Revision level Date

747–28–2259 ...... Original ...... November 4, 2004. 747–28–2259 ...... 1 ...... October 5, 2006.

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TABLE 2.—SERVICE BULLETINS ACCEPTABLE FOR ACTIONS ACCOMPLISHED PREVIOUSLY—Continued

Boeing special attention service bulletin Revision level Date

767–57–0092 ...... Original ...... November 4, 2004. 767–57–0093 ...... Original ...... November 4, 2004.

Alternative Methods of Compliance (PI) in the FAA Flight Standards District Contact Boeing Commercial Airplanes, P.O. (AMOCs) Office (FSDO), or lacking a PI, your local Box 3707, Seattle, Washington 98124–2207, (h)(1) The Manager, Seattle ACO, FAA, has FSDO. for a copy of this service information. You the authority to approve AMOCs for this AD, Material Incorporated by Reference may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, if requested in accordance with the (i) You must use the applicable special SW., Renton, Washington 98057–3356; or at procedures found in 14 CFR 39.19. attention service bulletin listed in Table 3 of (2) To request a different method of this AD to perform the actions that are the National Archives and Records compliance or a different compliance time required by this AD, unless the AD specifies Administration (NARA). For information on for this AD, follow the procedures in 14 CFR otherwise. The Director of the Federal the availability of this material at NARA, call 39.19. Before using any approved AMOC on Register approved the incorporation by 202–741–6030, or go to: http:// any airplane to which the AMOC applies, reference of these documents in accordance www.archives.gov/federal-register/cfr/ibr- notify your appropriate principal inspector with 5 U.S.C. 552(a) and 1 CFR part 51. locations.html.

TABLE 3.—MATERIAL INCORPORATED BY REFERENCE

Boeing special attention service bulletin Revision level Date

747–28–2259 ...... 2 ...... July 5, 2007. 767–57–0092 ...... 1 ...... February 15, 2007. 767–57–0093 ...... 1 ...... February 15, 2007.

Issued in Renton, Washington, on October corrosion cracking of the elevator hinge FOR FURTHER INFORMATION CONTACT: 5, 2007. support fittings has been discovered on Duong Tran, Aerospace Engineer, Ali Bahrami, several Model 707 airplanes. We are Airframe Branch, ANM–120S, FAA, Manager, Transport Airplane Directorate, issuing this AD to prevent cracking of Seattle Aircraft Certification Office, Aircraft Certification Service. the elevator hinge support fittings, 1601 Lind Avenue, SW., Renton, [FR Doc. E7–20223 Filed 10–15–07; 8:45 am] which could reduce the elevator support Washington 98057–3356; telephone BILLING CODE 4910–13–P stiffness and lead to in-flight airframe (425) 917–6452; fax (425) 917–6590. vibration, consequent damage to the SUPPLEMENTARY INFORMATION: elevator and horizontal stabilizer, and DEPARTMENT OF TRANSPORTATION reduced controllability of the airplane. Discussion Federal Aviation Administration DATES: This AD becomes effective The FAA issued a notice of proposed November 20, 2007. rulemaking (NPRM) to amend 14 CFR 14 CFR Part 39 The Director of the Federal Register part 39 to include an AD that would apply to all Boeing Model 707 airplanes [Docket No. FAA–2007–28811; Directorate approved the incorporation by reference of a certain publication listed in the AD and Model 720 and 720B series Identifier 2006–NM–246–AD; Amendment airplanes. That NPRM was published in 39–15233; AD 2007–21–15] as of November 20, 2007. the Federal Register on July 30, 2007 RIN 2120–AA64 ADDRESSES: For service information (72 FR 41462). That NPRM proposed to identified in this AD, contact Boeing require identifying the material used in Airworthiness Directives; Boeing Commercial Airplanes, P.O. Box 3707, the elevator hinge support fittings of the Model 707 Airplanes and Model 720 Seattle, Washington 98124–2207. horizontal stabilizer trailing edge, doing and 720B Series Airplanes Examining the AD Docket repetitive detailed inspections for AGENCY: Federal Aviation cracking of the fittings and corrective Administration (FAA), Department of You may examine the AD docket on actions if necessary, and doing an Transportation (DOT). the Internet at http:// eventual terminating action. www.regulations.gov; or in person at the ACTION: Final rule. Comments Docket Management Facility between 9 SUMMARY: The FAA is adopting a new a.m. and 5 p.m., Monday through We provided the public the airworthiness directive (AD) for all Friday, except Federal holidays. The AD opportunity to participate in the Boeing Model 707 airplanes and Model docket contains this AD, the regulatory development of this AD. We received no 720 and 720B series airplanes. This AD evaluation, any comments received, and comments on the NPRM or on the requires identifying the material used in other information. The address for the determination of the cost to the public. the elevator hinge support fittings of the Docket Office (telephone 800–647–5527) Clarification of Costs of Compliance horizontal stabilizer trailing edge, doing is the Document Management Facility, repetitive detailed inspections for U.S. Department of Transportation, In the NPRM, the estimated cost per cracking of the fittings and corrective Docket Operations, M–30, West airplane for the proposed detailed actions if necessary, and doing an Building Ground Floor, Room W12–140, inspections was correct, but the fleet eventual terminating action. This AD 1200 New Jersey Avenue, SE., cost was erroneously calculated to be results from a report that stress Washington, DC 20590. $47,840 per inspection cycle. We have

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corrected that amount to $99,840 per described previously. We have Costs of Compliance inspections cycle. determined that this change will neither There are about 185 airplanes of the increase the economic burden on any Conclusion affected design in the worldwide fleet. operator nor increase the scope of the This AD affects about 52 airplanes of We have carefully reviewed the AD. U.S. registry. The following table available data and determined that air provides the estimated costs for U.S. safety and the public interest require operators to comply with this AD, at an adopting the AD with the change average labor rate of $80 per work hour.

ESTIMATED COSTS

Cost per Action Work hours Parts Airplane Fleet cost

Material verification ...... 1 ...... No parts needed ...... $80 ...... $4,160. Detailed inspections ...... 24, per inspection cycle .... No parts needed ...... $1,920 ...... $99,840, per inspection cycle. Modification (fabrication 6 ...... Operator supplied ...... $480 ...... $24,960. and installation of nutplates). Terminating action ...... 132 ...... $53,078 1 or $87,750 2 ...... $63,638 1 or $98,310 2 ...... Up to $5,112,120. 1 for Group 1 airplanes. 2 for Group 2 airplanes.

Authority for This Rulemaking on a substantial number of small entities –100B short body series airplanes; Model 707–300, –300B, –300C, and –400 series Title 49 of the United States Code under the criteria of the Regulatory Flexibility Act. airplanes; and Model 720 and 720B series specifies the FAA’s authority to issue airplanes; certificated in any category. rules on aviation safety. Subtitle I, We prepared a regulatory evaluation Section 106, describes the authority of of the estimated costs to comply with Unsafe Condition the FAA Administrator. Subtitle VII, this AD and placed it in the AD docket. (d) This AD results from a report that stress Aviation Programs, describes in more See the ADDRESSES section for a location corrosion cracking of the elevator hinge detail the scope of the Agency’s to examine the regulatory evaluation. support fittings of the horizontal stabilizer authority. List of Subjects in 14 CFR Part 39 trailing edge has been discovered on several We are issuing this rulemaking under Model 707 airplanes. We are issuing this AD Air transportation, Aircraft, Aviation to prevent cracking of the elevator hinge the authority described in Subtitle VII, safety, Incorporation by reference, support fittings, which could reduce the Part A, Subpart III, Section 44701, Safety. elevator support stiffness and lead to in-flight ‘‘General requirements.’’ Under that airframe vibration, consequent damage to the section, Congress charges the FAA with Adoption of the Amendment elevator and horizontal stabilizer, and promoting safe flight of civil aircraft in reduced controllability of the airplane. I Accordingly, under the authority air commerce by prescribing regulations delegated to me by the Administrator, Compliance for practices, methods, and procedures the FAA amends 14 CFR part 39 as the Administrator finds necessary for (e) You are responsible for having the follows: safety in air commerce. This regulation actions required by this AD performed within the compliance times specified, unless the is within the scope of that authority PART 39—AIRWORTHINESS actions have already been done. because it addresses an unsafe condition DIRECTIVES that is likely to exist or develop on Service Bulletin Reference products identified in this rulemaking I 1. The authority citation for part 39 (f) The term ‘‘service bulletin,’’ as used in action. continues to read as follows: this AD, means the Accomplishment Authority: 49 U.S.C. 106(g), 40113, 44701. Instructions of Boeing 707 Alert Service Regulatory Findings Bulletin A3518, dated October 9, 2006. § 39.13 [Amended] We have determined that this AD will Material Identification not have federalism implications under I 2. The Federal Aviation (g) Within 180 days after the effective date Executive Order 13132. This AD will Administration (FAA) amends § 39.13 of this AD or before further flight after any not have a substantial direct effect on by adding the following new horizontal stabilizer is replaced: Verify the the States, on the relationship between airworthiness directive (AD): type of material used in the elevator hinge the national government and the States, support fittings of the horizontal stabilizer 2007–21–15 Boeing: Amendment 39–15233. trailing edge, in accordance with Part 1 of the or on the distribution of power and Docket No. FAA–2007–28811; Accomplishment Instructions of the service responsibilities among the various Directorate Identifier 2006–NM–246–AD. levels of government. bulletin, then do the requirements of For the reasons discussed above, I Effective Date paragraph (g)(1) or (g)(2) of this AD, as certify that this AD: (a) This AD becomes effective November applicable. Repeat the verification before (1) Is not a ‘‘significant regulatory 20, 2007. further flight after the replacement of any hinge support fitting. action’’ under Executive Order 12866; Affected ADs (1) For any hinge support fitting made of (2) Is not a ‘‘significant rule’’ under (b) None. 7075–T7351 material: No further action is DOT Regulatory Policies and Procedures required by paragraph (h) or (i) of this AD. (44 FR 11034, February 26, 1979); and Applicability (2) For any hinge support fitting made of (3) Will not have a significant (c) This AD applies to all Model 707–100 7079–T6 or 7075–T6 material: Do the actions economic impact, positive or negative, long body, –200, –100B long body, and required by paragraph (h) of this AD.

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Repetitive Inspections, One-time Material Incorporated by Reference This AD requires actions that are Modification, and Corrective Actions (l) You must use Boeing 707 Alert Service intended to address the unsafe (h) Before further flight after doing Bulletin A3518, dated October 9, 2006, to condition described in the MCAI. paragraph (g) of this AD, do a detailed perform the actions that are required by this DATES: This AD becomes effective inspection for cracking of the hinge support AD, unless the AD specifies otherwise. The November 5, 2007. fittings and modify certain segments of the Director of the Federal Register approved the On November 5, 2007, the Director of rib webs, in accordance with Part 2 of the incorporation by reference of this document Accomplishment Instructions of the service in accordance with 5 U.S.C. 552(a) and 1 CFR the Federal Register approved the bulletin. For any hinge support fitting found part 51. Contact Boeing Commercial incorporation by reference of certain to be cracked or damaged, before further Airplanes, P.O. Box 3707, Seattle, publications listed in this AD. flight, do the actions required by paragraph Washington 98124–2207, for a copy of this We must receive comments on this (h)(1) or (h)(2) of this AD; in accordance with service information. You may review copies AD by November 15, 2007. Part 3 of the Accomplishment Instructions of at the FAA, Transport Airplane Directorate, ADDRESSES: You may send comments by the service bulletin. Do all actions in 1601 Lind Avenue SW., Renton, Washington; accordance with the Accomplishment any of the following methods: or at the National Archives and Records • Federal eRulemaking Portal: Go to Instructions of the service bulletin; except Administration (NARA). For information on where the service bulletin specifies to contact the availability of this material at NARA, call http://www.regulations.gov. Follow the the manufacturer for repair procedures, this 202–741–6030, or go to: http:// instructions for submitting comments. AD requires repair using a method approved www.archives.gov/federal-register/cfr/ibr- • Fax: (202) 493–2251. in accordance with the procedures specified locations.html. • Mail: U.S. Department of in paragraph (k) of this AD. Transportation, Docket Operations, M– (1) Replace the fitting with a serviceable Issued in Renton, Washington, on October fitting made of 7079–T6 or 7075–T6 material. 5, 2007. 30, West Building Ground Floor, Room Repeat the detailed inspection thereafter at Ali Bahrami, W12–140, 1200 New Jersey Avenue, SE., intervals not to exceed 180 days, until the Washington, DC 20590. Manager, Transport Airplane Directorate, • Hand Delivery: U.S. Department of terminating action required by paragraph (i) Aircraft Certification Service. of this AD has been done. Transportation, Docket Operations, M– (2) Replace the fitting with a new, [FR Doc. E7–20219 Filed 10–15–07; 8:45 am] 30, West Building Ground Floor, Room improved fitting made of 7075–T7351 BILLING CODE 4910–13–P W12–140, 1200 New Jersey Avenue, SE., material. Washington, DC 20590, between 9 a.m. Terminating Action DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, (i) For all airplanes: Within 48 months after except Federal holidays. the effective date of this AD, replace all hinge Federal Aviation Administration support fittings made of 7079–T6 or 7075–T6 Examining the AD Docket material with new, improved fittings made of 14 CFR Part 39 You may examine the AD docket on 7075–T7351 material, in accordance with the Internet at http:// Part 4 of the Accomplishment Instructions of www.regulations.gov; or in person at the [Docket No. FAA–2007–29217; Directorate the service bulletin. Doing this action Docket Management Facility between 9 terminates all requirements of paragraphs (g) Identifier 2007–CE–075–AD; Amendment and (h) of this AD. 39–15229; AD 2007–21–11] a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD Parts Installation RIN 2120–AA64 docket contains this AD, the regulatory (j) As of the effective date of this AD, no evaluation, any comments received, and person may install, on any airplane, a new Airworthiness Directives; Pilatus other information. The street address for or serviceable hinge support fitting made of the Docket Office (telephone (800) 647– 7079–T6 or 7075–T6 material, unless the Aircraft Ltd. Models PC–12, PC–12/45, 5527) is in the ADDRESSES section. requirements of paragraph (h)(1) of this AD and PC–12/47 Airplanes are accomplished. Comments will be available in the AD AGENCY: Federal Aviation docket shortly after receipt. Alternative Methods of Compliance Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: (AMOCs) ACTION: Final rule; request for Doug Rudolph, Aerospace Engineer, 901 (k)(1) The Manager, Seattle Aircraft comments. Locust, Room 301, Kansas City, Certification Office (ACO), FAA, has the Missouri 64106; telephone: (816) 329– authority to approve AMOCs for this AD, if SUMMARY: We are adopting a new 4059; fax: (816) 329–4090. requested in accordance with the procedures airworthiness directive (AD) for the SUPPLEMENTARY INFORMATION: found in 14 CFR 39.19. products listed above that will (2) To request a different method of compliance or a different compliance time supersede an existing AD. This AD Discussion for this AD, follow the procedures in 14 CFR results from mandatory continuing On October 17, 2000, we issued AD 39.19. Before using any approved AMOC on airworthiness information (MCAI) 2000–21–14, Amendment 39–11946 (65 any airplane to which the AMOC applies, issued by the aviation authority of FR 64340; October 27, 2000). That AD notify your appropriate principal inspector another country to identify and correct required actions intended to address an (PI) in the FAA Flight Standards District an unsafe condition on an aviation Office (FSDO), or lacking a PI, your local unsafe condition on the products listed product. The MCAI describes the unsafe above. FSDO. condition as: (3) An AMOC that provides an acceptable Since we issued AD 2000–21–14, level of safety may be used for any repair This Airworthiness Directive (AD) is there have been reports of occurrences required by this AD, if it is approved by an prompted by occurrences where abrasive of abrasive damage (chafing) on oil pipe Authorized Representative for the Boeing damage (chafing) has been found on oil pipe assemblies in the area of the torque oil Commercial Airplanes Delegation Option assemblies in the area of the torque oil pressure transducer on the engines of pressure transducer on the engines of some Authorization Organization who has been some Model PC–12 series airplanes. The authorized by the Manager, Seattle ACO, to PC–12 aircraft. Incorrect assembly after make those findings. For a repair method to maintenance tasks can decrease distances damage has caused engine oil leakage in be approved, the repair must meet the between various pipe/hoses assemblies and some airplanes. If uncorrected, the certification basis of the airplane and the adjacent components. Damaged pipes can unsafe condition could result in engine approval must specifically refer to this AD. cause oil leakages in the area of the engine. failure.

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The European Aviation Safety Agency Any such differences are described in a that is likely to exist or develop on (EASA), which is the Technical Agent separate paragraph of the AD. These products identified in this rulemaking for the Member States of the European requirements take precedence over action. Community, has issued AD No: 2007– those copied from the MCAI. Regulatory Findings 0235, dated August 31, 2007, corrected FAA’s Determination of the Effective September 14, 2007 (referred to after We determined that this AD will not Date this as ‘‘the MCAI’’), to correct an unsafe have federalism implications under condition for the specified products. An unsafe condition exists that Executive Order 13132. This AD will The MCAI states: requires the immediate adoption of this not have a substantial direct effect on AD. The FAA has found that the risk to This Airworthiness Directive (AD) is the States, on the relationship between prompted by occurrences where abrasive the flying public justifies waiving notice the national government and the States, damage (chafing) has been found on oil pipe and comment prior to adoption of this or on the distribution of power and assemblies in the area of the torque oil rule because if uncorrected, the unsafe responsibilities among the various pressure transducer on the engines of some condition could result in engine failure. levels of government. PC–12 aircraft. Incorrect assembly after Therefore, we determined that notice For the reasons discussed above, I maintenance tasks can decrease distances and opportunity for public comment certify that this AD: between various pipe/hoses assemblies and before issuing this AD are impracticable adjacent components. Damaged pipes can (1) Is not a ‘‘significant regulatory cause oil leakages in the area of the engine. and that good cause exists for making action’’ under Executive Order 12866; For the reasons stated above, this AD this amendment effective in fewer than (2) Is not a ‘‘significant rule’’ under requires an inspection for damage, 30 days. DOT Regulatory Policies and Procedures replacement when damage is found, and Comments Invited (44 FR 11034, February 26, 1979); and eventual replacement of all the affected pipe/ (3) Will not have a significant hose assemblies. This AD is a final rule that involves economic impact, positive or negative, You may obtain further information requirements affecting flight safety, and on a substantial number of small entities by examining the MCAI in the AD we did not precede it by notice and under the criteria of the Regulatory docket. opportunity for public comment. We Flexibility Act. invite you to send any written relevant We prepared a regulatory evaluation Relevant Service Information data, views, or arguments about this AD. of the estimated costs to comply with Send your comments to an address Pilatus Aircraft Ltd. has issued Pilatus this AD and placed it in the AD docket. PC12 Service Bulletin No: 71–007, dated listed under the ADDRESSES section. August 21, 2007. The actions described Include ‘‘Docket No. FAA–2007–29217; List of Subjects in 14 CFR Part 39 in this service information are intended Directorate Identifier 2007–CE–075– Air transportation, Aircraft, Aviation to correct the unsafe condition AD’’ at the beginning of your comments. safety, Incorporation by reference, identified in the MCAI. We specifically invite comments on the Safety. overall regulatory, economic, FAA’s Determination and Requirements environmental, and energy aspects of Adoption of the Amendment of the AD this AD. We will consider all comments I Accordingly, under the authority This product has been approved by received by the closing date and may delegated to me by the Administrator, the aviation authority of another amend this AD because of those the FAA amends 14 CFR part 39 as country, and is approved for operation comments. in the United States. Pursuant to our We will post all comments we follows: bilateral agreement with this State of receive, without change, to http:// PART 39—AIRWORTHINESS Design Authority, they have notified us www.regulations.gov, including any DIRECTIVES of the unsafe condition described in the personal information you provide. We MCAI and service information will also post a report summarizing each I 1. The authority citation for part 39 referenced above. We are issuing this substantive verbal contact we receive continues to read as follows: AD because we evaluated all about this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. information provided by the State of Authority for This Rulemaking Design Authority and determined the § 39.13 [Amended] Title 49 of the United States Code unsafe condition exists and is likely to I 2. The FAA amends § 39.13 by specifies the FAA’s authority to issue exist or develop on other products of the removing Amendment 39–11946 (65 FR rules on aviation safety. Subtitle I, same type design. 64340; October 27, 2000), and adding section 106, describes the authority of the following new AD: Differences Between This AD and the the FAA Administrator. ‘‘Subtitle VII: MCAI or Service Information Aviation Programs,’’ describes in more 2007–21–11 Pilatus Aircraft Limited: We have reviewed the MCAI and detail the scope of the Agency’s Amendment 39–15229; Docket No. related service information and, in authority. FAA–2007–29217; Directorate Identifier 2007–CE–075–AD. general, agree with their substance. But We are issuing this rulemaking under we might have found it necessary to use the authority described in ‘‘Subtitle VII, Effective Date different words from those in the MCAI Part A, Subpart III, Section 44701: (a) This airworthiness directive (AD) to ensure the AD is clear for U.S. General requirements.’’ Under that becomes effective November 5, 2007. section, Congress charges the FAA with operators and is enforceable. In making Affected ADs these changes, we do not intend to differ promoting safe flight of civil aircraft in substantively from the information air commerce by prescribing regulations (b) This AD supersedes AD 2000–21–14, Amendment 39–11946. provided in the MCAI and related for practices, methods, and procedures service information. the Administrator finds necessary for Applicability We might have also required different safety in air commerce. This regulation (c) This AD applies to Models PC–12, PC– actions in this AD from those in the is within the scope of that authority 12/45, and PC–12–47 airplanes, all serial MCAI in order to follow FAA policies. because it addresses an unsafe condition numbers, that are:

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(1) Equipped with oil pipe/hose assemblies allows for the temporary replacement (up to (3) You may review copies at the FAA, part number (P/N) 577.11.12.104, 6 months) of the hose/pipe assemblies with Central Region, Office of the Regional 577.11.12.105, 946.37.74.305, 946.37.74.306, the same type that incorporate the potential Counsel, 901 Locust, Room 506, Kansas City, 946.37.74.307, 946.37.74.308, or unsafe condition (P/N 577.11.12.104, Missouri 64106; or at the National Archives 946.37.74.311; and 577.11.12.105, 946.37.74.305, 946.37.74.306, and Records Administration (NARA). For (2) certificated in any category. 946.37.74.307, 946.37.74.308, or information on the availability of this 946.37.74.311). Due to the urgency of this material at NARA, call 202–741–6030, or go Subject unsafe condition, the FAA is mandating to: http://www.archives.gov/federal-register/ (d) Air Transport Association of America replacement with the improved parts cfr/ibr-locations.html. (ATA) Code 71: Power Plant-General. immediately if damage is found. Issued in Kansas City, Missouri on October Reason Other FAA AD Provisions 5, 2007. (e) The mandatory continuing (g) The following provisions also apply to David R. Showers, airworthiness information (MCAI) states: this AD: Acting Manager, Small Airplane Directorate, This Airworthiness Directive (AD) is (1) Alternative Methods of Compliance Aircraft Certification Service. prompted by occurrences where abrasive (AMOCs): The Manager, Standards Office, [FR Doc. E7–20220 Filed 10–15–07; 8:45 am] damage (chafing) has been found on oil pipe FAA, has the authority to approve AMOCs BILLING CODE 4910–13–P assemblies in the area of the torque oil for this AD, if requested using the procedures pressure transducer on the engines of some found in 14 CFR 39.19. Send information to PC–12 aircraft. Incorrect assembly after ATTN: Doug Rudolph, Aerospace Engineer, DEPARTMENT OF TRANSPORTATION maintenance tasks can decrease distances FAA, Small Airplane Directorate, 901 Locust, between various pipe/hoses assemblies and Room 301, Kansas City, Missouri 64106; Federal Aviation Administration adjacent components. Damaged pipes can telephone: (816) 329–4059; fax: (816) 329– cause oil leakages in the area of the engine. 4090. Before using any approved AMOC on For the reasons stated above, this AD any airplane to which the AMOC applies, 14 CFR Part 39 requires an inspection for damage, notify your appropriate principal inspector [Docket No. FAA–2007–27925; Directorate replacement when damage is found, and (PI) in the FAA Flight Standards District Identifier 2006–NM–183–AD; Amendment eventual replacement of all the affected pipe/ Office (FSDO), or lacking a PI, your local 39–15232; AD 2007–21–14] hose assemblies. FSDO. RIN 2120–AA64 Actions and Compliance (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from (f) Unless already done, do the following a manufacturer or other source, use these Airworthiness Directives; Airbus Model actions: actions if they are FAA-approved. Corrective A310 Series Airplanes (1)Within the next 10 hours time-in-service actions are considered FAA-approved if they after November 5, 2007 (the effective date of are approved by the State of Design Authority AGENCY: Federal Aviation this AD), do a configuration check and (or their delegated agent). You are required Administration (FAA), Department of inspection of the pipe/hose assemblies for to assure the product is airworthy before it Transportation (DOT). abrasive damage (chafing) and distortion is returned to service. ACTION: Final rule. following paragraph 3.B of Pilatus Aircraft (3) Reporting Requirements: For any Ltd. Pilatus PC12 Service Bulletin No: 71– reporting requirement in this AD, under the SUMMARY: The FAA is adopting a new 007, dated August 21, 2007. provisions of the Paperwork Reduction Act airworthiness directive (AD) for all (2) If during the configuration check and (44 U.S.C. 3501 et seq.), the Office of Airbus Model A310 series airplanes. inspection required by paragraph (f)(1) of this Management and Budget (OMB) has AD any abrasive damage (chafing) on oil This AD requires revising the approved the information collection Airworthiness Limitations Section of pipe/hose assemblies is found, before further requirements and has assigned OMB Control flight, replace the hose/pipe assemblies Number 2120–0056. the Instructions for Continued following paragraphs 3.B, 3.C, and 3.E of Airworthiness to incorporate new Pilatus Aircraft Ltd. Pilatus PC12 Service Related Information limitations for fuel tank systems. This Bulletin No: 71–007, dated August 21, 2007. (h) Refer to MCAI European Aviation AD results from fuel system reviews (3) If during the configuration check and Safety Agency (EASA) AD No: 2007–0235, conducted by the manufacturer. We are inspection required by paragraph (f)(1) of this dated August 31, 2007, corrected September issuing this AD to prevent the potential AD no damage on oil pipe/hose assemblies 14, 2007; and Pilatus Aircraft Ltd. Pilatus is found, within 6 calendar months after of ignition sources inside fuel tanks, PC12 Service Bulletin No: 71–007, dated which, in combination with flammable November 5, 2007 (the effective date of this August 21, 2007, for related information. AD), replace the hose/pipe assemblies fuel vapors caused by latent failures, following paragraph 3.B, 3.C, and 3.E of Material Incorporated by Reference alterations, repairs, or maintenance Pilatus Aircraft Ltd. Pilatus PC12 Service (i) You must use Pilatus Aircraft Ltd. actions, could result in fuel tank Bulletin No: 71–007, dated August 21, 2007. Pilatus PC12 Service Bulletin No: 71–007, explosions and consequent loss of the (4) After November 5, 2007, do not install dated August 21, 2007, to do the actions airplane. any oil pipe/hose assembly with P/N required by this AD, unless the AD specifies 577.11.12.104, 577.11.12.105, 946.37.74.305, otherwise. DATES: This AD becomes effective 946.37.74.306, 946.37.74.307, 946.37.74.308, (1) The Director of the Federal Register November 20, 2007. or 946.37.74.311 on any Models PC–12, PC– approved the incorporation by reference of The Director of the Federal Register 12/45, or PC–12/47 airplanes. this service information under 5 U.S.C. approved the incorporation by reference (5) After November 5, 2007, do not install 552(a) and 1 CFR part 51. of certain publications listed in the AD a spare engine on any Models PC–12, PC–12/ (2) For service information identified in as of November 20, 2007. 45, or PC–12/47 airplanes, unless it has been this AD, contact Pilatus Aircraft Ltd., ADDRESSES: For service information verified that no oil pipe/hose assembly with Customer Support Manager, CH–6371 identified in this AD, contact Airbus, 1 P/N 577.11.12.104, 577.11.12.105, STANS, Switzerland; telephone: + 41 41 619 Rond Point Maurice Bellonte, 31707 946.37.74.305, 946.37.74.306, 946.37.74.307, 6208; fax: + 41 41 619 7311; e-mail: 946.37.74.308, or 946.37.74.311 are installed [email protected]; or Pilatus Blagnac Cedex, France. on that engine. Business Aircraft Ltd., Product Support Examining the AD Docket Department, 11755 Airport Way, Broomfield, FAA AD Differences Colorado 80021; telephone: (303) 465–9099, You may examine the AD docket on Note: This AD differs from the MCAI and/ fax: (303) 465–6040; E-mail: the Internet at http:// or service information as follows: The MCAI [email protected]. www.regulations.gov; or in person at the

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Docket Management Facility between 9 which we explained as differences will develop provided that operators a.m. and 5 p.m., Monday through between the NPRM and EASA observe the CDCCLs after delivery. Friday, except Federal holidays. The AD airworthiness directive 2006–0202, Airbus further states that the CDCCLs docket contains this AD, the regulatory dated July 11, 2006. The compliance are introduced to reduce the risk that an evaluation, any comments received, and times in this AD already correspond operator may inadvertently alter the other information. The address for the with the compliance times of EASA design or installation, thus introducing Docket Office (telephone 800–647–5527) airworthiness directive 2007–0096 R1. a less safe configuration. is the Document Management Facility, Therefore, we have revised paragraph We infer Airbus would like us to U.S. Department of Transportation, (k) of this AD to refer to EASA revise the unsafe condition in this AD Docket Operations, M–30, West airworthiness directive 2007–0096 R1. to incorporate its comments. We do not Building Ground Floor, Room W12–140, After we issued the NPRM, Airbus agree to revise the unsafe condition of 1200 New Jersey Avenue, SE., published Operator Information Telex this AD. Fuel airworthiness limitations Washington, DC 20590. (OIT) SE 999.0079/07, Revision 01, (FALs) are items arising from a systems FOR FURTHER INFORMATION CONTACT: Tom dated August 14, 2007, to identify the safety analysis that have been shown to Stafford, Aerospace Engineer, applicable sections of the Airbus A310 have failure modes associated with an International Branch, ANM–116, FAA, AMM necessary for accomplishing the unsafe condition, as defined in FAA Transport Airplane Directorate, 1601 tasks specified in Section 1 of Document Memorandum 2003–112–15, ‘‘SFAR Lind Avenue, SW., Renton, Washington 95A.1930/05. We have added a note to 88—Mandatory Action Decision Criteria,’’ dated February 25, 2003. 98057–3356; telephone (425) 227–1622; paragraph (f) of this AD to refer to that These FALs are identified in failure fax (425) 227–1149. OIT. conditions for which an unacceptable SUPPLEMENTARY INFORMATION: Comments probability of ignition risk could exist if Discussion We provided the public the specific tasks or practices or both are opportunity to participate in the not performed in accordance with a The FAA issued a notice of proposed development of this AD. We have manufacturer’s requirements. As Airbus rulemaking (NPRM) to amend 14 CFR considered the comments received. notes, if an operator does not observe part 39 to include an AD that would the CDCCLs after delivery, then an apply to all Airbus Model A310 series Request To Revise ‘‘Relevant Service Information’’ Section unsafe condition could occur. For this airplanes. That NPRM was published in reason we must mandate Document the Federal Register on April 20, 2007 Airbus requests that we revise the 95A.1930/05 to ensure the CDCCLs are (72 FR 19826). That NPRM proposed to ‘‘Relevant Service Information’’ section observed. We have not changed this AD require revising the Airworthiness to state that ‘‘Section 1, ‘Maintenance/ in this regard. Limitations Section of the Instructions Inspection Tasks,’ of Document for Continued Airworthiness to 95A.1930/05 describes certain FAL Request To Clarify the Requirements of incorporate new limitations for fuel tank inspections, which are periodic Paragraph (h) systems. inspections of certain features for latent Airbus requests that we revise Actions since NPRM Was Issued failures that could contribute to a fire.’’ paragraph (h) of the NPRM to state that In the NPRM, we specified that the operators are required to update their After we issued the NPRM, Airbus latent failures could contribute to an internal procedures and documentation published the A310 Fuel Airworthiness ignition source. As justification, Airbus to ensure appropriate management and Limitations, Document 95A.1930/05, states that not all three tasks identified control of the CDCCLs specified in Issue 2, dated May 11, 2007 (approved in Section 1 of Document 95A.1930/05 Section 2 of Document 95A.1930/05. by the European Aviation Safety Agency contribute to minimizing the risk of an Airbus states that paragraph (h) of the (EASA) on July 6, 2007) (hereafter ignition source: Only Task 3 minimizes NPRM is unclear about what an operator referred to as ‘‘Document 95A.1930/ the risk of an ignition source, while is expected to do with the CDCCLs. 05’’). In the NPRM, we referred to Issue Tasks 1 and 2 minimize the occurrence Airbus further states that paragraph (h) 1 of Document 95A.1930/05, dated of a combustible environment. We agree of the NPRM tells operators to add the December 19, 2005, as the appropriate with Airbus’s statements. However, we CDCCLs to the ALS, but Airbus states source of service information for have not revised this AD in this regard that it has already done so. Airbus also accomplishing the actions proposed in since the ‘‘Relevant Service states that the ALS is part of the type the NPRM. The fuel airworthiness Information’’ section is not retained in certification (TC) documentation and is limitations specified in Issue 2 of a final rule. not changed by operators. Document 95A.1930/05 are the same as Although we understand Airbus’ those in Issue 1 of Document 95A.1930/ Request To Revise the Unsafe Condition concern and welcome any feedback that 05. Airbus has revised certain task titles Airbus states that it does not agree would improve the readability or in Section 1 of Issue 2 of Document that there is an unsafe condition on usability of an AD, the suggested 95A.1930/05 and has clarified the Model A310 series airplanes, prior to language is too vague to be legally applicability and corrected certain accomplishing the maintenance/ enforceable, so we cannot use it in this airplane maintenance manual (AMM) inspection tasks in Section 1 of AD. We understand that Airbus has references in Section 2 of the document. Document 95A.1930/05. Airbus agrees revised its airworthiness limitations Therefore, we have revised this AD by that performing these tasks contributes document. However, according to 14 referring to Issue 2 of Document to minimizing the risk of either an CFR 39.7, no person may operate a 95A.1930/05 as the appropriate source ignition source (Task 3) or the product unless the requirements of an of service information. occurrence of a combustible applicable AD have been met. The After we issued the NPRM, EASA environment (Tasks 1 and 2). In regard burden is placed on the operator, not on issued airworthiness directive 2007– to the critical design configuration the manufacturer, to ensure that the 0096 R1, dated May 2, 2007, to correct control limitations (CDCCLs), Airbus requirements of an AD are met. The certain compliance times; our NPRM states that no unsafe condition exists at requirement, as stated in the NPRM, is included the correct compliance times, delivery, and that no unsafe condition for the operator to revise its copy of the

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airworthiness limitations document. Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. This ensures that each affected operator Title 49 of the United States Code § 39.13 [Amended] maintains a current copy of the required specifies the FAA’s authority to issue I airworthiness limitations. 2. The Federal Aviation rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 Concerning Airbus’ statement that Section 106, describes the authority of by adding the following new paragraph (h) of the NPRM does not the FAA Administrator. Subtitle VII, airworthiness directive (AD): clearly specify what an operator is Aviation Programs, describes in more expected to with the CDCCLs, we would 2007–21–14 Airbus: Amendment 39–15232. detail the scope of the Agency’s Docket No. FAA–2007–27925; like to clarify that paragraph (h) requires authority. Directorate Identifier 2006–NM–183–AD. that affected operators revise their We are issuing this rulemaking under copies of the airworthiness limitations the authority described in Subtitle VII, Effective Date document to include the CDCCL Part A, Subpart III, Section 44701, (a) This AD becomes effective November requirements. This is the only ‘‘General requirements.’’ Under that 20, 2007. requirement imposed under this AD for section, Congress charges the FAA with Affected ADs CDCCLs; once this revision has been promoting safe flight of civil aircraft in (b) None. accomplished, compliance with air commerce by prescribing regulations paragraph (h) of this AD has been for practices, methods, and procedures Applicability completed. Subsequently, 14 CFR the Administrator finds necessary for (c) This AD applies to all Airbus Model 91.403(c) requires an affected operator safety in air commerce. This regulation A310 series airplanes, certificated in any to comply with the revised is within the scope of that authority category. Airworthiness Limitations document. because it addresses an unsafe condition Note 1: This AD requires revisions to Ensuring that one’s maintenance that is likely to exist or develop on certain operator maintenance documents to program and the actions of its products identified in this rulemaking include new inspections and critical design configuration control limitations (CDCCLs). maintenance personnel are in action. Compliance with the operator maintenance accordance with the Airworthiness Regulatory Findings documents is required by 14 CFR 91.403(c). Limitations is required, but not by the For airplanes that have been previously AD. According to 14 CFR 91.403(c), no We have determined that this AD will modified, altered, or repaired in the areas person may operate an aircraft for which not have federalism implications under addressed by these inspections and CDCCLs, airworthiness limitations have been Executive Order 13132. This AD will the operator may not be able to accomplish issued unless those limitations have not have a substantial direct effect on the inspections and CDCCLs described in the been complied with. Therefore, there is the States, on the relationship between revisions. In this situation, to comply with 14 the national government and the States, CFR 91.403(c), the operator must request no need to further expand the approval for an alternative method of requirements of the AD beyond that or on the distribution of power and compliance according to paragraph (j) of this which was proposed because section responsibilities among the various AD. The request should include a description 91.403(c) already imposes the levels of government. of changes to the required inspections and appropriate required action after the For the reasons discussed above, I CDCCLs that will preserve the critical airworthiness limitations are revised. certify that this AD: ignition source prevention feature of the We have not changed this AD in this (1) Is not a ‘‘significant regulatory affected fuel system. regard. action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under Unsafe Condition Change to Paragraph (f) DOT Regulatory Policies and Procedures (d) This AD results from fuel system (44 FR 11034, February 26, 1979); and reviews conducted by the manufacturer. We We have also clarified the compliance (3) Will not have a significant are issuing this AD to prevent the potential time in paragraph (f) of this AD by of ignition sources inside fuel tanks, which, economic impact, positive or negative, in combination with flammable fuel vapors adding the word ‘‘thereafter’’ to more on a substantial number of small entities clearly state that * * * the repetitive caused by latent failures, alterations, repairs, under the criteria of the Regulatory or maintenance actions, could result in fuel inspections must be accomplished Flexibility Act. tank explosions and consequent loss of the thereafter * * *’’ We prepared a regulatory evaluation airplane. Conclusion of the estimated costs to comply with Compliance this AD and placed it in the AD docket. (e) You are responsible for having the We have carefully reviewed the See the ADDRESSES section for a location actions required by this AD performed within available data, including the comments to examine the regulatory evaluation. the compliance times specified, unless the received, and determined that air safety List of Subjects in 14 CFR Part 39 actions have already been done. and the public interest require adopting the AD with the changes described Air transportation, Aircraft, Aviation Revise Airworthiness Limitations Section safety, Incorporation by reference, (ALS) To Incorporate Fuel Maintenance and previously. We have determined that Inspection Tasks these changes will neither increase the Safety. economic burden on any operator nor (f) Within 3 months after the effective date Adoption of the Amendment of this AD, revise the ALS of the Instructions increase the scope of the AD. for Continued Airworthiness to incorporate I Accordingly, under the authority Costs of Compliance Airbus A310 ALS Part 5—Fuel Airworthiness delegated to me by the Administrator, Limitations, dated May 31, 2006, as defined This AD affects about 69 airplanes of the FAA amends 14 CFR part 39 as in Airbus A310 Fuel Airworthiness U.S. registry. The required actions take follows: Limitations, Document 95A.1930/05, Issue 2, about 2 work hours per airplane, at an dated May 11, 2007 (approved by the PART 39—AIRWORTHINESS European Aviation Safety Agency (EASA) on average labor rate of $80 per work hour. DIRECTIVES July 6, 2007), Section 1, ‘‘Maintenance/ Based on these figures, the estimated Inspection Tasks.’’ For all tasks identified in cost of the AD for U.S. operators is I 1. The authority citation for part 39 Section 1 of Document 95A.1930/05, the $11,040, or $160 per airplane. continues to read as follows: initial compliance times start from the later

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of the times specified in paragraphs (f)(1) and Related Information The potential of ignition sources, in (f)(2) of this AD, and the repetitive (k) EASA airworthiness directive 2007– combination with flammable fuel inspections must be accomplished thereafter 0096 R1, dated May 2, 2007, also addresses vapors, could result in fuel tank at the intervals specified in Section 1 of the subject of this AD. explosions and consequent loss of the Document 95A.1930/05, except as provided by paragraph (g) of this AD. Material Incorporated by Reference airplane. We are issuing this AD to require actions to correct the unsafe (1) The effective date of this AD. (l) You must use Airbus A310 ALS Part 5— (2) The date of issuance of the original Fuel Airworthiness Limitations, dated May condition on these products. French standard airworthiness certificate or 31, 2006; and Airbus A310 Fuel DATES: This AD becomes effective the date of issuance of the original French Airworthiness Limitations, Document November 20, 2007. export certificate of airworthiness. 95A.1930/05, Issue 2, dated May 11, 2007; to The Director of the Federal Register Note 2: Airbus Operator Information Telex perform the actions that are required by this approved the incorporation by reference SE 999.0079/07, Revision 01, dated August AD, unless the AD specifies otherwise. The 14, 2007, identifies the applicable sections of Director of the Federal Register approved the of a certain publication listed in this AD the Airbus A310 airplane maintenance incorporation by reference of these as of November 20, 2007. manual necessary for accomplishing the tasks documents in accordance with 5 U.S.C. ADDRESSES: You may examine the AD specified in Section 1 of Document 552(a) and 1 CFR part 51. Contact Airbus, 1 docket on the Internet at http:// 95A.1930/05. Rond Point Maurice Bellonte, 31707 Blagnac www.regulations.gov or in person at the Cedex, France, for a copy of this service Initial Compliance Time for Task 28–18–00– U.S. Department of Transportation, information. You may review copies at the Docket Operations, M–30, West 03–1 FAA, Transport Airplane Directorate, 1601 (g) For Task 28–18–00–03–1 identified in Lind Avenue, SW., Renton, Washington; or at Building Ground Floor, Room W12–140, Section 1 of Document 95A.1930/05, the National Archives and Records 1200 New Jersey Avenue, SE., ‘‘Maintenance/Inspection Tasks,’’ of Airbus Administration (NARA). For information on Washington, DC. A310 Fuel Airworthiness Limitations, the availability of this material at NARA, call FOR FURTHER INFORMATION CONTACT: Dan Document 95A.1930/05, Issue 2, dated May 202–741–6030, or go to: http:// Rodina, Aerospace Engineer, 11, 2007 (approved by the EASA on July 6, www.archives.gov/federal-register/cfr/ibr- International Branch, ANM–116, FAA, 2007): The initial compliance time is the later locations.html. Transport Airplane Directorate, 1601 of the times specified in paragraphs (g)(1) Issued in Renton, Washington, on October Lind Avenue, SW., Renton, Washington and (g)(2) of this AD. Thereafter, Task 28–18– 5, 2007. 00–03–1 must be accomplished at the 98057–3356; telephone (425) 227–2125; repetitive interval specified in Section 1 of Ali Bahrami, fax (425) 227–1149. Document 95A.1930/05. Manager, Transport Airplane Directorate, SUPPLEMENTARY INFORMATION: (1) Prior to the accumulation of 40,000 Aircraft Certification Service. total flight hours. [FR Doc. E7–20221 Filed 10–15–07; 8:45 am] Discussion (2) Within 72 months or 20,000 flight hours BILLING CODE 4910–13–P We issued a notice of proposed after the effective date of this AD, whichever occurs first. rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would Revise ALS To Incorporate CDCCLs DEPARTMENT OF TRANSPORTATION apply to the specified products. That (h) Within 12 months after the effective NPRM was published in the Federal Federal Aviation Administration date of this AD, revise the ALS of the Register on August 8, 2007 (72 FR Instructions for Continued Airworthiness to 44435). That NPRM proposed to correct 14 CFR Part 39 incorporate Airbus A310 ALS Part 5—Fuel an unsafe condition for the specified Airworthiness Limitations, dated May 31, [Docket No. FAA–2007–28909; Directorate products. The MCAI states: 2006, as defined in Airbus A310 Fuel Identifier 2007–NM–135–AD; Amendment It has been found cases in which some Airworthiness Limitations, Document 39–15230; AD 2007–21–12] 95A.1930/05, Issue 2, dated May 11, 2007 wiring harnesses were not protected in (approved by the EASA on July 6, 2007), RIN 2120–AA64 accordance with SFAR–88 (Special Federal Section 2, ‘‘Critical Design Configuration Aviation Regulation No. 88) requirements. Airworthiness Directives; Empresa Control Limitations.’’ The potential of ignition sources, in Brasileira de Aeronautica S.A. No Alternative Inspections, Inspection combination with flammable fuel (EMBRAER) Model EMB–135BJ Intervals, or CDCCLs vapors, could result in fuel tank Airplanes (i) Except as provided by paragraph (j) of explosions and consequent loss of the this AD: After accomplishing the actions AGENCY: Federal Aviation airplane. The corrective action includes specified in paragraphs (f) and (h) of this AD, Administration (FAA), Department of installing heat shrinkable sleeves on the no alternative inspections, inspection Transportation (DOT). inspection and refueling panel intervals, or CDCCLs may be used. ACTION: Final rule. illumination lights wiring, and Alternative Methods of Compliance installing nipples on the terminal lugs (AMOCs) SUMMARY: We are adopting a new to protect the wire terminals. You may (j)(1) The Manager, International Branch, airworthiness directive (AD) for the obtain further information by examining ANM–116, Transport Airplane Directorate, products listed above. This AD results the MCAI in the AD docket. FAA, has the authority to approve AMOCs from mandatory continuing for this AD, if requested in accordance with airworthiness information (MCAI) Comments the procedures found in 14 CFR 39.19. originated by an aviation authority of We gave the public the opportunity to (2) To request a different method of another country to identify and correct participate in developing this AD. We compliance or a different compliance time an unsafe condition on an aviation received no comments on the NPRM or for this AD, follow the procedures in 14 CFR product. The MCAI describes the unsafe on the determination of the cost to the 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, condition as: public. notify your appropriate principal inspector It has been found cases in which some Conclusion (PI) in the FAA Flight Standards District wiring harnesses were not protected in Office (FSDO), or lacking a PI, your local accordance with SFAR–88 (Special Federal We reviewed the available data and FSDO. Aviation Regulation No. 88) requirements. determined that air safety and the

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public interest require adopting the AD Regulatory Findings Effective Date as proposed. We determined that this AD will not (a) This airworthiness directive (AD) becomes effective November 20, 2007. Differences Between This AD and the have federalism implications under MCAI or Service Information Executive Order 13132. This AD will Affected ADs not have a substantial direct effect on (b) None. We have reviewed the MCAI and the States, on the relationship between Applicability related service information and, in the national government and the States, general, agree with their substance. But or on the distribution of power and (c) This AD applies to EMBRAER Model we might have found it necessary to use EMB–135BJ airplanes, certificated in any responsibilities among the various category; as identified in EMBRAER Service different words from those in the MCAI levels of government. Bulletin 145LEG–28–0016, Revision 01, to ensure the AD is clear for U.S. For the reasons discussed above, I dated June 27, 2005. operators and is enforceable. In making certify this AD: Subject these changes, we do not intend to differ 1. Is not a ‘‘significant regulatory substantively from the information (d) Air Transport Association (ATA) of action’’ under Executive Order 12866; America Code 28: Fuel. provided in the MCAI and related 2. Is not a ‘‘significant rule’’ under the service information. DOT Regulatory Policies and Procedures Reason We might also have required different (44 FR 11034, February 26, 1979); and (e) The mandatory continuing actions in this AD from those in the 3. Will not have a significant airworthiness information (MCAI) states: MCAI in order to follow our FAA It has been found cases in which some economic impact, positive or negative, wiring harnesses were not protected in policies. Any such differences are on a substantial number of small entities accordance with SFAR–88 (Special Federal highlighted in a NOTE within the AD. under the criteria of the Regulatory Aviation Regulation No. 88) requirements. Flexibility Act. Costs of Compliance The potential of ignition sources, in We prepared a regulatory evaluation combination with flammable fuel vapors, We estimate that this AD will affect of the estimated costs to comply with could result in fuel tank explosions and about 8 products of U.S. registry. We this AD and placed it in the AD docket. consequent loss of the airplane. The corrective action includes installing heat also estimate that it will take about 6 Examining the AD Docket shrinkable sleeves on the inspection and work-hours per product to comply with refueling panel illumination lights wiring, the basic requirements of this AD. The You may examine the AD docket on and installing nipples on the terminal lugs to average labor rate is $80 per work-hour. the Internet at http:// protect the wire terminals. Required parts will cost about $32 per www.regulations.gov; or in person at the Actions and Compliance product. Where the service information Docket Operations office between 9 a.m. lists required parts costs that are and 5 p.m., Monday through Friday, (f) Unless already done, do the following actions. covered under warranty, we have except Federal holidays. The AD docket contains the NPRM, the regulatory (1) Within 5,000 flight hours after the assumed that there will be no charge for effective date of this AD, install heat these parts. As we do not control evaluation, any comments received, and shrinkable sleeves on the inspection and warranty coverage for affected parties, other information. The street address for refueling panel illumination lights wiring, some parties may incur costs higher the Docket Operations office (telephone and install nipples on the terminal lugs to than estimated here. Based on these (800) 647–5527) is in the ADDRESSES protect the wire terminals, in accordance figures, we estimate the cost of this AD section. Comments will be available in with the detailed instructions and procedures to the U.S. operators to be $4,096, or the AD docket shortly after receipt. in EMBRAER Service Bulletin 145LEG–28– $512 per product. 0016, Revision 01, dated June 27, 2005. List of Subjects in 14 CFR Part 39 (2) Actions done before the effective date Authority for This Rulemaking Air transportation, Aircraft, Aviation of this AD in accordance with EMBRAER Service Bulletin 145LEG–28–0016, dated safety, Incorporation by reference, Title 49 of the United States Code March 8, 2004, are acceptable for compliance Safety. specifies the FAA’s authority to issue with the corresponding actions of this AD. rules on aviation safety. Subtitle I, Adoption of the Amendment FAA AD Differences section 106, describes the authority of I Note: This AD differs from the MCAI and/ the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority delegated to me by the Administrator, or service information as follows: No Aviation Programs,’’ describes in more differences. detail the scope of the Agency’s the FAA amends 14 CFR part 39 as authority. follows: Other FAA AD Provisions We are issuing this rulemaking under PART 39—AIRWORTHINESS (g) The following provisions also apply to the authority described in ‘‘Subtitle VII, DIRECTIVES this AD: (1) Alternative Methods of Compliance Part A, Subpart III, Section 44701: I 1. The authority citation for part 39 (AMOCs): The Manager, International General requirements.’’ Under that Branch, ANM–116, Transport Airplane section, Congress charges the FAA with continues to read as follows: Directorate, FAA, has the authority to promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. approve AMOCs for this AD, if requested air commerce by prescribing regulations using the procedures found in 14 CFR 39.19. for practices, methods, and procedures § 39.13 [Amended] Send information to ATTN: Dan Rodina, the Administrator finds necessary for I 2. The FAA amends § 39.13 by adding Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, safety in air commerce. This regulation the following new AD: is within the scope of that authority FAA, 1601 Lind Avenue, SW., Renton, 2007–21–12 Empresa Brasileira de Washington 98057–3356; telephone (425) because it addresses an unsafe condition Aeronautica S.A. (EMBRAER): 227–2125; fax (425) 227–1149. Before using that is likely to exist or develop on Amendment 39–15230. Docket No. any approved AMOC on any airplane to products identified in this rulemaking FAA–2007–28909; Directorate Identifier which the AMOC applies, notify your action. 2007–NM–135–AD. appropriate principal inspector (PI) in the

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FAA Flight Standards District Office (FSDO), DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement Federal Aviation Administration Discussion in this AD to obtain corrective actions from We issued a notice of proposed a manufacturer or other source, use these 14 CFR Part 39 rulemaking (NPRM) to amend 14 CFR actions if they are FAA-approved. Corrective part 39 to include an AD that would [Docket No. FAA–2007–28663; Directorate actions are considered FAA-approved if they Identifier 2006–NM–223–AD; Amendment apply to the specified products. That are approved by the State of Design Authority 39–15221; AD 2007–21–03] NPRM was published in the Federal (or their delegated agent). You are required Register on July 10, 2007 (72 FR 37472). to assure the product is airworthy before it RIN 2120–AA64 That NPRM proposed to correct an is returned to service. unsafe condition for the specified Airworthiness Directives; Airbus Model (3) Reporting Requirements: For any products. The MCAI states: reporting requirement in this AD, under the A300–600 Series Airplanes; and Model A310 Series Airplanes * * * the FAA issued in July 1996 an provisions of the Paperwork Reduction Act, Aging Non-structural Systems plan to the Office of Management and Budget (OMB) AGENCY: Federal Aviation address the White House Commission an has approved the information collection Administration (FAA), Department of Aviation Safety and Security (WHCSS) requirements and has assigned OMB Control Transportation (DOT). report. Number 2120–0056. To help fulfill the actions specified in this ACTION: Final rule. Aging Systems plan, the FAA set-up in Related Information SUMMARY: We are adopting a new January 1999 an Ageing Transport Systems (h) Refer to MCAI Brazilian Airworthiness airworthiness directive (AD) for the Rulemaking Advisory Committee (ATSRAC) Directive 2006–07–02, effective August 21, to investigate the potential safety issues in products listed above. This AD results aging aircraft as a result of wear and 2006, and EMBRAER Service Bulletin from mandatory continuing 145LEG–28–0016, Revision 01, dated June degradation in their operating systems. airworthiness information (MCAI) Under this plan, all Holders of type 27, 2005, for related information. originated by an aviation authority of Certificates aircraft are required to conduct a Material Incorporated by Reference another country to identify and correct design review, to preclude the occurrence of potential unsafe conditions as the aircraft (i) You must use EMBRAER Service an unsafe condition on an aviation aged. Bulletin 145LEG–28–0016, Revision 01, product. The MCAI describes the unsafe condition as: Further to AIRBUS investigations on this dated June 27, 2005, to do the actions subject, corrected measures intended to required by this AD, unless the AD specifies * * * * * improve the design of A310 and A300–600 otherwise. * * * the FAA set-up in January 1999 an fleet against potential unsafe conditions as (1) The Director of the Federal Register Ageing Transport Systems Rulemaking the aircraft aged, are rendered mandatory by approved the incorporation by reference of Advisory Committee (ATSRAC) to investigate this AD. this service information under 5 U.S.C. the potential safety issues in aging aircraft as The unsafe condition is degradation 552(a) and 1 CFR part 51. a result of wear and degradation in their of the fuel system, which could result in (2) For service information identified in operating systems. loss of the airplane. The corrective this AD, contact Empresa Brasileira de Under this plan, all Holders of type Certificates aircraft are required to conduct a actions include: Aeronautica S.A. (EMBRAER), P.O. Box • Modify emergency power electrical 343—CEP 12.225, Sa~o Jose dos Campos— design review, to preclude the occurrence of potential unsafe conditions as the aircraft routing. SP, Brazil. aged. • Inspect certain wire routes and do (3) You may review copies at the FAA, * * * * * necessary corrective action (repair Transport Airplane Directorate, 1601 Lind chafed or burned wiring, damaged Avenue, SW., Renton, Washington; or at the The unsafe condition is degradation clamps, and introduce self-vulcanizing National Archives and Records of the fuel system, which could result in silicone tape for wrapping the cable Administration (NARA). For information on loss of the airplane. We are issuing this bundle at each clamping position). the availability of this material at NARA, call AD to require actions to correct the • Secure electrical routing. (202) 741–6030, or go to: http:// unsafe condition on these products. • Relocate temperature sensors and www.archives.gov/federal-register/cfr/ibr- DATES: This AD becomes effective modify wires. locations.html. November 20, 2007. You may obtain further information Issued in Renton, Washington, on October The Director of the Federal Register by examining the MCAI in the AD 5, 2007. approved the incorporation by reference docket. of certain publications listed in this AD Ali Bahrami, Comments as of November 20, 2007. Manager, Transport Airplane Directorate, We gave the public the opportunity to Aircraft Certification Service. ADDRESSES: You may examine the AD docket on the Internet at http:// participate in developing this AD. We [FR Doc. E7–20222 Filed 10–15–07; 8:45 am] dms.dot.gov or in person at the U.S. received no comments on the NPRM or BILLING CODE 4910–13–P Department of Transportation, Docket on the determination of the cost to the Operations, M–30, West Building, public. Ground Floor, Room W12–140, 1200 Conclusion New Jersey Avenue, SE., Washington, We reviewed the available data and DC. determined that air safety and the FOR FURTHER INFORMATION CONTACT: Tom public interest require adopting the AD Stafford, Aerospace Engineer, as proposed. International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Differences Between This AD and the Lind Avenue, SW., Renton, Washington MCAI or Service Information 98057–3356; telephone (425) 227–1622; We have reviewed the MCAI and fax (425) 227–1149. related service information and, in

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general, agree with their substance. But responsibilities among the various Subjects we might have found it necessary to use levels of government. (d) Electrical Power, Hydraulic Power, and different words from those in the MCAI For the reasons discussed above, I Pneumatic. to ensure the AD is clear for U.S. certify this AD: Reason operators and is enforceable. In making 1. Is not a ‘‘significant regulatory these changes, we do not intend to differ action’’ under Executive Order 12866; (e) The mandatory continuing airworthiness information (MCAI) states: substantively from the information 2. Is not a ‘‘significant rule’’ under the * * * the FAA issued in July 1996 an provided in the MCAI and related DOT Regulatory Policies and Procedures Aging Non-structural Systems plan to service information. (44 FR 11034, February 26, 1979); and address the White House Commission an We might also have required different 3. Will not have a significant Aviation Safety and Security (WHCSS) actions in this AD from those in the economic impact, positive or negative, report. MCAI in order to follow our FAA on a substantial number of small entities To help fulfill the actions specified in this policies. Any such differences are under the criteria of the Regulatory Aging Systems plan, the FAA set-up in January 1999 an Ageing Transport Systems highlighted in a NOTE within the AD. Flexibility Act. Rulemaking Advisory Committee (ATSRAC) We prepared a regulatory evaluation Costs of Compliance to investigate the potential safety issues in of the estimated costs to comply with aging aircraft as a result of wear and Based on the service information, we this AD and placed it in the AD docket. degradation in their operating systems. Under this plan, all Holders of type estimate that this AD affects about 193 Examining the AD Docket products of U.S. registry. We estimate Certificates aircraft are required to conduct a that it takes about 267 work hours per You may examine the AD docket on design review, to preclude the occurrence of product to comply with this AD. The the Internet at http://dms.dot.gov; or in potential unsafe conditions as the aircraft person at the Docket Operations office aged. average labor rate is $80 per work-hour. Further to AIRBUS investigations on this Required parts cost about $17,637 per between 9 a.m. and 5 p.m., Monday subject, corrected measures intended to product. Where the service information through Friday, except Federal holidays. improve the design of A310 and A300–600 lists required parts costs that are The AD docket contains the NPRM, the fleet against potential unsafe conditions as covered under warranty, we have regulatory evaluation, any comments the aircraft aged, are rendered mandatory by assumed that there will be no charge for received, and other information. The this AD. these costs. As we do not control street address for the Docket Operations The unsafe condition is degradation of the warranty coverage for affected parties, office (telephone (800) 647–5527) is in fuel system, which could result in loss of the airplane. The corrective actions include: some parties may incur costs higher the ADDRESSES section. Comments will be available in the AD docket shortly Modify emergency power electrical routing; than estimated here. Based on these inspect certain wire routes and do necessary figures, we estimate the cost of this AD after receipt. corrective action (repair chafed or burned to be $7,526,421, or $38,997 per List of Subjects in 14 CFR Part 39 wiring, damaged clamps, and introduce self- product. vulcanizing silicone tape for wrapping the Air transportation, Aircraft, Aviation cable bundle at each clamping position); Authority for This Rulemaking safety, Incorporation by reference, secure electrical routing; and relocate Title 49 of the United States Code Safety. temperature sensors and modify wires. specifies the FAA’s authority to issue Adoption of the Amendment Actions and Compliance rules on aviation safety. Subtitle I, (f) Unless already done, do the following I section 106, describes the authority of Accordingly, under the authority actions. the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, (1) For Model A310 series airplanes, ‘‘Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as having received Airbus Modification 05911 detail the scope of the Agency’s follows: and/or Airbus Modification 05910, or having authority. received application of Airbus Service PART 39—AIRWORTHINESS We are issuing this rulemaking under Bulletin A310–24–2014 or A310–24–2099 in DIRECTIVES service; and Model A300–600 series the authority described in ‘‘Subtitle VII, airplanes having received in production part A, subpart III, Section 44701: I 1. The authority citation for part 39 Airbus Modification 06213, or having General requirements.’’ Under that continues to read as follows: received application of Airbus Service section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. Bulletin A300–24–6008 (Airbus Modification promoting safe flight of civil aircraft in 06214) in service; except airplanes on which air commerce by prescribing regulations § 39.13 [Amended] Airbus Modification 10510 has been for practices, methods, and procedures embodied in production or airplanes on I 2. The FAA amends § 39.13 by adding the Administrator finds necessary for which Airbus Service Bulletin A310–24– the following new AD: safety in air commerce. This regulation 2056, dated June 8, 1993; Revision 1, dated 2007–21–03 Airbus: Amendment 39–15221. November 28, 1994; or Revision 02, dated is within the scope of that authority June 9, 2006; or Airbus Service Bulletin because it addresses an unsafe condition Docket No. FAA–2007–28663; Directorate Identifier 2006–NM–223–AD. A300–24–6045, dated June 8, 1993; Revision that is likely to exist or develop on 1, dated June 2, 1994; Revision 2, dated products identified in this rulemaking Effective Date August 11, 1994; Revision 3, dated November action. (a) This airworthiness directive (AD) 28, 1994; Revision 4, dated May 5, 1995; or becomes effective November 20, 2007. Revision 05, dated June 9, 2006; has been Regulatory Findings embodied in service: Within 36 months after Affected ADs We determined that this AD will not the effective date of this AD, modify the have federalism implications under (b) None. emergency power electrical routing under floor at pressure seal interface plates between Executive Order 13132. This AD will Applicability FR (frame) 52 and FR53, in accordance with not have a substantial direct effect on (c) This AD applies to Airbus Model A300– the instructions given in Airbus Service the States, on the relationship between 600 series airplanes; and Model A310 series Bulletin A310–24–2056, Revision 02, dated the national government and the States, airplanes; certificated in any category; all June 9, 2006; or A300–24–6045, Revision 05, or on the distribution of power and certified models, all serial numbers. dated June 9, 2006; as applicable.

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(2) For Model A310 series airplanes, accordance with the instructions given in given in Airbus Service Bulletin A310–29– manufacturing serial number (MSN) 0162 up Airbus Service Bulletin A310–24–2079, 2036, Revision 03, dated June 9, 2006. to 0706 included, and Model A300–600 Revision 01, dated April 27, 2006; or Airbus (4) For Model A310 series airplanes, except series airplanes, MSN 0252 up to 0794 Service Bulletin A300–24–6069, Revision 01, airplanes on which Airbus Modification included; except airplanes on which the one- dated April 27, 2006; as applicable. 06447 has been embodied in production or time detailed visual inspection in accordance (3) For Model A310 series airplanes, with Airbus Service Bulletin A310–24–2079, equipped with Eaton (formerly Vickers) airplanes on which Airbus Service Bulletin dated March 28, 2000; or Revision 01, dated electrical pumps, except airplanes on which A310–36–2010, Revision 2, dated September April 27, 2006; or Airbus Service Bulletin Airbus Modification 10017 has been 26, 1989; or Revision 03, dated May 24, 2006; A300–24–6069, dated March 28, 2000; or embodied in production or airplanes on have been embodied in service: Within 36 Revision 01, dated April 27, 2006; has been which Airbus Service Bulletin A310–29– months after the effective date of this AD, performed in service: Within 36 months after 2036, dated August 10, 1992; Revision 1, relocate the temperature sensors and modify the effective date of this AD, perform a one- dated December 16, 1992; Revision 2, dated the associated wires in accordance with the time detailed visual inspection of the September 20, 1993; or Revision 03, dated instructions of Airbus Service Bulletin A310– electrical routes 1P and 2P between the rear June 9, 2006; have been embodied in service: 36–2010, Revision 03, dated May 24, 2006. panel 120VU (volt unit) and the circuit Within 36 months after the effective date of (5) Actions done before the effective date breaker panel 800VU located in the forward this AD, secure the electrical routing 1P, 2P, compartment and in case of finding, before and the hydraulic line running to pump of this AD in accordance with any applicable further flight, repair chafed or burned wiring, 11GE, in the hydraulic bay at FR54 by service bulletin in Table 1 of this AD are damaged clamps and introduce self- changing the routes and by adding a spacer acceptable for compliance with the vulcanizing silicone tape for wrapping the and a clamp to prevent any chafing between corresponding provisions of paragraph (f) of cable bundle of each clamping position, in them, in accordance with the instructions this AD.

TABLE 1.—ACCEPTABLE EARLIER REVISIONS OF SERVICE BULLETINS

Airbus service bulletin Revision level Date

A300–24–6045 ...... Original ...... June 8, 1993. 1 ...... June 2, 1994. 2 ...... August 11, 1994. 3 ...... November 28, 1994. 4 ...... May 5, 1995. A300–24–6069 ...... Original ...... March 28, 2000. A310–24–2056 ...... Original ...... June 8, 1993. 1 ...... November 28, 1994. A310–24–2079 ...... Original ...... March 28, 2000. A310–29–2036 ...... 1 ...... December 16, 1992. 2 ...... September 20, 1993. A310–36–2010 ...... 2 ...... September 26, 1989.

FAA AD Differences Aerospace Engineer, International Branch, (or their delegated agent). You are required ANM–116, Transport Airplane Directorate, to assure the product is airworthy before it Note: This AD differs from the MCAI and/ FAA, 1601 Lind Avenue, SW., Renton, is returned to service. or service information as follows: No Washington; telephone (425) 227–1622; fax (3) Reporting Requirements: For any differences. (425) 227–1149. Before using any approved reporting requirement in this AD, under the AMOC on any airplane to which the AMOC Other FAA AD Provisions provisions of the Paperwork Reduction Act, applies, notify your appropriate principal the Office of Management and Budget (OMB) (g) The following provisions also apply to inspector (PI) in the FAA Flight Standards has approved the information collection this AD: District Office (FSDO), or lacking a PI, your requirements and has assigned OMB Control (1) Alternative Methods of Compliance local FSDO. Number 2120–0056. (AMOCs): The Manager, International (2) Airworthy Product: For any requirement Branch, ANM–116, Transport Airplane in this AD to obtain corrective actions from Related Information Directorate, FAA, has the authority to a manufacturer or other source, use these (h) Refer to MCAI EASA Airworthiness approve AMOCs for this AD, if requested actions if they are FAA-approved. Corrective Directive 2006–0285R1, dated November 13, using the procedures found in 14 CFR 39.19. actions are considered FAA-approved if they 2006, and the Airbus Service Bulletins in Send information to ATTN: Tom Stafford, are approved by the State of Design Authority Table 2 of this AD for related information.

TABLE 2.—AIRBUS SERVICE BULLETINS

Revision Service bulletin level Date

A300–24–6045 ...... 05 June 9, 2006. A300–24–6069 ...... 01 April 27, 2006. A310–24–2056 ...... 02 June 9, 2006. A310–24–2079 ...... 01 April 27, 2006. A310–29–2036 ...... 03 June 9, 2006. A310–36–2010 ...... 03 May 24, 2006.

Material Incorporated by Reference actions required by this AD, unless the AD A310–24–2014, Revision 7, dated January 17, (i) You must use the service information specifies otherwise. Airbus Service Bulletin 1990, contains the following effective pages: specified in Table 3 of this AD to do the

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Revision level Page number shown on page Date shown on page

1, 687–688, 858, 946, 1067–1068 ...... 7 January 17, 1990. 2–2a, 8a–9, 11–16, 19–20, 671–686, 689–690, 692, 694, 696, 698–699, 701–704, 707–710, 5 November 20, 1989. 714–715, 717–720, 724–729, 732–752, 754–834, 837–849, 851–852, 855–857, 859–860, 863– 874, 877–882, 885–896, 903–928, 937–945, 947–980, 987–990, 993–994, 997–1004, 1007– 1016, 1023–1024, 1027–1030, 1033–1058, 1061–1062, 1065–1066, 1069–1082, 1085–1086, 1089–1100, 1103–1112, 1115–1116, 1118–1119, 1122–1127, 1129–1131. 3–7, 10, 17–18, 21, 23–92, 95–102, 109–117, 119–122, 124–127, 129–131, 134–135, 137–140, 2 September 22, 1986. 142, 145–146, 149–151, 154–168, 172–174, 176–177a, 177f, 178–264, 266, 268, 270, 273– 276, 279–282, 287–292, 294, 303–322, 325–327, 329–335, 337–358, 361–362, 365–374, 377– 395, 397–408, 411–432, 435–436, 439–446, 451–454, 457–458, 467–472, 477–478, 487–494, 497–504, 511–514, 517–522, 525–528, 533–542, 551–560, 563–572, 577–580, 583–608, 611– 612, 614–616. 8, 103–104, 106–107, 133, 136, 141, 143–144, 152, 169–171, 175, 177c–177e, 265, 271–272, 3 January 22, 1987. 277–278, 285–286, 293, 295–300, 323–324, 328, 359–360, 363–364, 409–410, 447–450, 461– 464, 473–476, 495–496, 505–506, 547–550, 573–574, 609–610, 613, 617–659, 662, 664–670. 22, 93–94a, 105, 108, 118, 123, 128, 132, 147–148, 153–153b, 177b, 177g–177k, 267, 269, 4 March 30, 1987. 283–284, 301–302, 336–336b, 375–376, 396, 433–434, 437–438, 455–456, 459–460, 465– 466, 479–486, 507–510, 515–516, 523–524, 529–532, 543–546, 561–562, 575–576, 581–582, 660–661, 663. 691, 693, 695, 697, 700, 705–706, 711–713, 716, 721–723, 730–731, 753, 835–836, 850, 853– 6 March 28, 1989. 854, 861–862a, 875–876, 883–884, 897–902, 929–936, 981–986, 991–992, 995–996, 1005– 1006, 1017–1022, 1025–1026, 1031–1032, 1059–1060, 1063–1064, 1083–1084, 1087–1088, 1101–1102, 1113–1114, 1117, 1120–1121, 1128.

(1) The Director of the Federal Register Maurice Bellonte, 31707 Blagnac Cedex, Administration (NARA). For information on approved the incorporation by reference of France. the availability of this material at NARA, call this service information under 5 U.S.C. (3) You may review copies at the FAA, (202) 741–6030, or go to: http:// 552(a) and 1 CFR part 51. Transport Airplane Directorate, 1601 Lind www.archives.gov/federal-register/cfr/ibr- (2) For service information identified in Avenue, SW., Renton, Washington; or at the locations.html. this AD, contact Airbus, 1 Rond Point National Archives and Records

TABLE 3.—MATERIAL INCORPORATED BY REFERENCE

Revision Airbus service bulletin level Date

A300–24–6045 ...... 05 June 9, 2006. A300–24–6069 ...... 01 April 27, 2006. A310–24–2014 ...... 7 January 17, 1990. A310–24–2056 ...... 02 June 9, 2006. A310–24–2079 ...... 01 April 27, 2006. A310–24–2099, including Appendices A, B, and C ...... 01 October 4, 2006. A310–29–2036 ...... 03 June 9, 2006. A310–36–2010 ...... 03 May 24, 2006.

Issued in Renton, Washington, on ACTION: Final rule. regulations is approved by the Director September 21, 2007. of the Federal Register as of October 16, Ali Bahrami, SUMMARY: This rule amends Standard 2007. Manager, Transport Airplane Directorate, Instrument Approach Procedures ADDRESSES: Availability of matter Aircraft Certification Service. (SIAPs) for operations at certain incorporated by reference in the [FR Doc. E7–20027 Filed 10–15–07; 8:45 am] airports. These regulatory actions are amendment is as follows: BILLING CODE 4910–13–P needed because of changes in the For Examination— National Airspace System, such as the 1. FAA Rules Docket, FAA commissioning of new navigational Headquarters Building, 800 DEPARTMENT OF TRANSPORTATION facilities, adding of new obstacles, or Independence Avenue, SW., changing air traffic requirements. These Washington, DC 20591; Federal Aviation Administration changes are designed to provide safe 2. The FAA Regional Office of the and efficient use of the navigable region in which the affected airport is 14 CFR Part 97 airspace and to promote safe flight located; operations under instrument flight rules 3. The National Flight Procedures [Docket No. 30575; Amdt. No. 3240] at the affected airports. Office, 6500 South MacArthur Blvd., DATES: Standard Instrument Approach This rule is effective October 16, Oklahoma City, OK 73169 or, Procedures; Miscellaneous 2007. The compliance date for each 4. The National Archives and Records Amendments SIAP is specified in the amendatory Administration (NARA). For provisions. information on the availability of this AGENCY: Federal Aviation The incorporation by reference of material at NARA, call 202–741–6030, Administration (FAA), DOT. certain publications listed in the or go to: http://www.archives.

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gov/federal_register/ amendment provides the affected CFR Regulatory Policies and Procedures (44 code_of_federal_regulations/ sections and specifies the types of SIAP FR 11034; February 26, 1979); and (3) ibr_locations.html. and the corresponding effective dates. does not warrant preparation of a Availability—All SIAPs are available This amendment also identifies the regulatory evaluation as the anticipated online free of charge. Visit nfdc.faa.gov airport and its location, the procedure impact is so minimal. For the same to register. Additionally, individual and the amendment number. reason, the FAA certifies that this SIAP and Takeoff Minimums and ODP The Rule amendment will not have a significant copies may be obtained from: economic impact on a substantial 1. FAA Public Inquiry Center (APA– This amendment to 14 CFR part 97 is number of small entities under the 200), FAA Headquarters Building, 800 effective upon publication of each criteria of the Regulatory Flexibility Act. Independence Avenue, SW., separate SIAP as amended in the Washington, DC 20591; or transmittal. For safety and timeliness of List of Subjects in 14 CFR Part 97 2. The FAA Regional Office of the change considerations, this amendment Air Traffic Control, Airports, region in which the affected airport is incorporates only specific changes Incorporation by reference, and located. contained for each SIAP as modified by Navigation (Air). FOR FURTHER INFORMATION CONTACT: FDC/P-NOTAMs. The SIAPs, as modified by FDC P- Issued in Washington, DC, on October 5, Harry J. Hodges, Flight Procedure NOTAM, and contained in this 2007. Standards Branch (AFS–420), Flight amendment are based on the criteria James J. Ballough, Technologies and Programs Division, contained in the U.S. Standard for Director, Flight Standards Service. Flight Standards Service, Federal Terminal Instrument Procedures Aviation Administration, Mike Adoption of the Amendment (TERPS). In developing these changes to Monroney Aeronautical Center, 6500 SIAPs, the TERPS criteria were applied I Accordingly, pursuant to the authority South MacArthur Blvd. Oklahoma City, only to specific conditions existing at delegated to me, Title 14, Code of OK 73169 (Mail Address: P.O. Box the affected airports. All SIAP Federal regulations, Part 97, 14 CFR part 25082 Oklahoma City, OK 73125) amendments in this rule have been 97, is amended by amending Standard telephone: (405) 954–4164. previously issued by the FAA in a FDC Instrument Approach Procedures, SUPPLEMENTARY INFORMATION: This rule NOTAM as an emergency action of effective at 0901 UTC on the dates amends Title 14, Code of Federal immediate flight safety relating directly specified, as follows: Regulations, Part 97 (14 CFR part 97) by to published aeronautical charts. The amending the referenced SIAPs. The circumstances which created the need PART 97—STANDARD INSTRUMENT complete regulatory description of each for all these SIAP amendments requires APPROACH PROCEDURES SIAP is listed on the appropriate FAA making them effective in less than 30 I Form 8260, as modified by the National days. 1. The authority citation for part 97 Flight Data Center (FDC)/Permanent Because of the close and immediate continues to read as follows: Notice to Airmen (P–NOTAM), and is relationship between these SIAPs and Authority: 49 U.S.C. 106(g), 40103, 40106, incorporated by reference in the safety in air commerce, I find that notice 40113, 40114, 40120, 44502, 44514, 44701, amendment under 5 U.S.C. 552(a), 1 and public procedure before adopting 44719, 44721–44722. CFR part 51, and § 97.20 of Title 14 of these SIAPs are impracticable and I the Code of Federal Regulations. contrary to the public interest and, 2. Part 97 is amended to read as The large number of SIAPs, their where applicable, that good cause exists follows: complex nature, and the need for a for making these SIAPs effective in less §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, special format make their verbatim than 30 days. 97.35 [Amended] publication in the Federal Register expensive and impractical. Further, Conclusion By amending: § 97.23 VOR, VOR/ airmen do not use the regulatory text of The FAA has determined that this DME, VOR or TACAN, and VOR/DME the SIAPs, but refer to their graphic regulation only involves an established or TACAN; § 97.25 LOC, LOC/DME, depiction on charts printed by body of technical regulations for which LDA, LDA/DME, SDF, SDF/DME; publishers of aeronautical materials. frequent and routine amendments are § 97.27 NDB, NDB/DME; § 97.29 ILS, Thus, the advantages of incorporation necessary to keep them operationally ILS/DME, ISMLS, MLS/DME, MLS/ by reference are realized and current. It, therefore—(1) is not a RNAV; § 97.31 RADAR SIAPs; § 97.33 publication of the complete description ‘‘significant regulatory action’’ under RNAV SIAPs; and § 97.35 COPTER of each SIAP contained in FAA form Executive Order 12866; (2) is not a SIAPs, Identified as follows: documents is unnecessary. This ‘‘significant rule’’ under DOT * * * Effective Upon Publication

FDC date State City Airport FDC no. Subject

09/26/07 .... OH Toledo ...... Metcalf Field ...... 7/8560 Takeoff minimums and obstacle depar- ture procedures, AMDT 2.

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[FR Doc. E7–20210 Filed 10–15–07; 8:45 am] federal_register/ The Rule BILLING CODE 4910–13–P code_of_federal_regulations/ ibr_locations.html. This amendment to 14 CFR part 97 is effective upon publication of each Availability—All SIAPs and Takeoff DEPARTMENT OF TRANSPORTATION separate SIAP, Takeoff Minimums and Minimums and ODPs are available ODP as contained in the transmittal. Federal Aviation Administration online free of charge. Visit nfdc.faa.gov Some SIAP and Takeoff Minimums and to register. Additionally, individual textual ODP amendments may have 14 CFR Part 97 SIAP and Takeoff Minimums and ODP been issued previously by the FAA in a copies may be obtained from: Flight Data Center (FDC) Notice to [Docket No. 30574; Amdt. No. 3239] 1. FAA Public Inquiry Center (APA– Airmen (NOTAM) as an emergency 200), FAA Headquarters Building, 800 Standard Instrument Approach action of immediate flight safety relating Independence Avenue, SW., Procedures, and Takeoff Minimums directly to published aeronautical Washington, DC 20591; or and Obstacle Departure Procedures; charts. The circumstances which Miscellaneous Amendments 2. The FAA Regional Office of the created the need for some SIAP and region in which the affected airport is Takeoff Minimums and ODP AGENCY: Federal Aviation located. amendments may require making them Administration (FAA), DOT. effective in less than 30 days. For the FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. remaining SIAPs and Takeoff Harry. J. Hodges, Flight Procedure Minimums and ODPs, an effective date SUMMARY: This Rule establishes, Standards Branch (AFS–420), Flight at least 30 days after publication is amends, suspends, or revokes Standard Technologies and Programs Division, provided. Instrument Approach Procedures Flight Standards Service, Federal Further, the SIAPs and Takeoff (SIAPs) and associated Takeoff Aviation Administration, Mike Minimums and ODPs contained in this Minimums and Obstacle Departure Monroney Aeronautical Center, 6500 amendment are based on the criteria Procedures for operations at certain South MacArthur Blvd. Oklahoma City, contained in the U.S. Standard for airports. These regulatory actions are OK. 73169 (Mail Address: P.O. Box Terminal Instrument Procedures needed because of the adoption of new 25082 Oklahoma City, OK. 73125) (TERPS). In developing these SIAPs and or revised criteria, or because of changes telephone: (405) 954–4164. Takeoff Minimums and ODPs, the occurring in the National Airspace SUPPLEMENTARY INFORMATION: This rule TERPS criteria were applied to the System, such as the commissioning of amends Title 14 of the Code of Federal conditions existing or anticipated at the new navigational facilities, adding new Regulations, Part 97 (14 CFR part 97), by affected airports. Because of the close obstacles, or changing air traffic establishing, amending, suspending, or and immediate relationship between requirements. These changes are revoking SIAPs, Takeoff Minimums these SIAPs, Takeoff Minimums and designed to provide safe and efficient and/or ODPs. The complete regulatory ODPs, and safety in air commerce, I find use of the navigable airspace and to description of each SIAP and its that notice and public procedure before promote safe flight operations under associated Takeoff Minimums or ODP adopting these SIAPs, Takeoff instrument flight rules at the affected for an identified airport is listed on FAA Minimums and ODPs are impracticable airports. form documents which are incorporated and contrary to the public interest and, DATES: This rule is effective October 16, by reference in this amendment under 5 where applicable, that good cause exists 2007. The compliance date for each U.S.C. 552(a), 1 CFR part 51, and 14 for making some SIAPs effective in less SIAP, associated Takeoff Minimums, CFR part 97.20. The applicable FAA than 30 days. Forms are FAA Forms 8260–3, 8260–4, and ODP is specified in the amendatory Conclusion provisions. 8260–5, 8260–15A, and 8260–15B when The incorporation by reference of required by an entry on 8260–15A. The FAA has determined that this certain publications listed in the The large number of SIAPs, Takeoff regulation only involves an established regulations is approved by the Director Minimums and ODPs, in addition to body of technical regulations for which of the Federal Register as of October 16, their complex nature and the need for frequent and routine amendments are 2007. a special format make publication in the necessary to keep them operationally ADDRESSES: Availability of matters Federal Register expensive and current. It, therefore—(1) is not a incorporated by reference in the impractical. Furthermore, airmen do not ‘‘significant regulatory action’’ under amendment is as follows: use the regulatory text of the SIAPs, Executive Order 12866; (2) is not a For Examination— Takeoff Minimums or ODPs, but instead ‘‘significant rule’’ under DOT 1. FAA Rules Docket, FAA refer to their depiction on charts printed Regulatory Policies and Procedures (44 Headquarters Building, 800 by publishers of aeronautical materials. FR 11034; February 26, 1979); and (3) Independence Avenue, SW., Thus, the advantages of incorporation does not warrant preparation of a Washington, DC 20591; by reference are realized and regulatory evaluation as the anticipated 2. The FAA Regional Office of the publication of the complete description impact is so minimal. For the same region in which the affected airport is of each SIAP, Takeoff Minimums and reason, the FAA certifies that this located; ODP listed on FAA forms is amendment will not have a significant 3. The National Flight Procedures unnecessary. This amendment provides economic impact on a substantial Office, 6500 South MacArthur Blvd., the affected CFR sections and specifies number of small entities under the Oklahoma City, OK 73169 or, the types of SIAPs and the effective criteria of the Regulatory Flexibility Act. 4. The National Archives and Records dates of the SIAPs, the associated List of Subjects in 14 CFR Part 97 Administration (NARA). For Takeoff Minimums, and ODPs. This information on the availability of this amendment also identifies the airport Air Traffic Control, Airports, material at NARA, call 202–741–6030, and its location, the procedure, and the Incorporation by reference, and or go to: http://www.archives.gov/ amendment number. Navigation (Air).

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Issued in Washington, DC on October 5, Springfield, CO, Springfield Muni, Milledgeville, GA, Baldwin County, 2007. RNAV (GPS) RWY 17, Orig GPS RWY 28, Orig-B, CANCELLED James J. Ballough, Springfield, CO, Springfield Muni, Perry, GA, Perry-Houston County, Director, Flight Standards Service. Takeoff Minimums and Textual DP, Takeoff Minimums and Obstacle DP, Orig Adoption of the Amendment Orig Lakeland, FL, Lakeland Linder Regional, Swainsboro, GA, Emanuel County, Accordingly, pursuant to the RNAV (GPS) RWY 5, Orig RNAV (GPS) RWY 13, Orig authority delegated to me, under Title Lakeland, FL, Lakeland Linder Regional, Swainsboro, GA, Emanuel County, 14, Code of Federal Regulations, Part 97 RNAV (GPS) RWY 23, Orig RNAV (GPS) RWY 31, Orig (14 CFR part 97) is amended by Lakeland, FL, Lakeland Linder Regional, Swainsboro, GA, Emanuel County, LOC/ establishing, amending, suspending, or GPS RWY 23, Orig, CANCELLED NDB RWY 13, Amdt 1 revoking Standard Instrument Approach Baxley, GA, Baxley Muni, RNAV (GPS) Swainsboro, GA, Emanuel County, NDB Procedures and/or Takeoff Minimums RWY 26, Orig RWY 13, Amdt 1 and/or Obstacle Departure Procedures Baxley, GA, Baxley Muni, Takeoff Swainsboro, GA, Emanuel County, effective at 0901 UTC on the dates Minimums and Obstacle DP, Orig VOR/DME–A, Amdt 3 Cordele, GA, Crisp County-Cordele, specified, as follows: Swainsboro, GA, Emanuel County, RNAV (GPS) RWY 5, Orig Takeoff Minimums and Obstacle DP, PART 97—STANDARD INSTRUMENT Cordele, GA, Crisp County-Cordele, Amdt 1 APPROACH PROCEDURES RNAV (GPS) RWY 23, Orig Cordele, GA, Crisp County-Cordele, Paris, IL, Edgar County, RNAV (GPS) I 1. The authority citation for part 97 VOR/DME RWY 23, Amdt 11 RWY 9, Orig continues to read as follows: Cordele, GA, Crisp County-Cordele, Paris, IL, Edgar County, RNAV (GPS) Authority: 49 U.S.C. 106(g), 40103, 40106, NDB OR GPS RWY 10, Amdt 4B RWY 27, Orig 40113, 40114, 40120, 44502, 44514, 44701, CANCELLED Paris, IL, Edgar County, NDB RWY 27, 44719, 44721–44722. Dublin, GA, W H ‘Bud’ Barron, ILS OR Amdt 10 Paris, IL, Edgar County, Takeoff I LOC RWY 2, Amdt 2 2. Part 97 is amended to read as Minimums and Obstacle DP, Orig follows: Dublin, GA, W H ‘Bud’ Barron, RNAV (GPS) RWY 2, Orig Hartford, KY, Ohio County, Takeoff Effective 22 NOV 2007 Dublin, GA, W H ‘Bud’ Barron, RNAV Minimums and Obstacle DP, Orig Hyannis, MA, Barnstable Muni- (GPS) RWY 20, Orig Detroit, MI, Coleman A. Young Muni, Boardman/Polando Field, VOR RWY Dublin, GA, W H ‘Bud’ Barron, VOR–A, Takeoff Minimums and Obstacle DP, 6, Amdt 9 Amdt 4 Amdt 6 Atlantic City, NJ, Atlantic City Dublin, GA, W H ‘Bud’ Barron, GPS South St Paul, MN, South St Paul Muni- International, COPTER ILS OR LOC/ RWY 2, Orig (CANCELLED) Richard E Fleming Field, LOC RWY DME RWY 13, Amdt 1A Dublin, GA, W H ‘Bud’ Barron, GPS 34, Amdt 1 Franklin, PA, Venango Regional, RNAV RWY 20, Orig (CANCELLED) South St Paul, MN, South St Paul Muni- (GPS) RWY 3, Amdt 1 Eastman, GA, Heart of Georgia Regional, Richard E Fleming Field, Takeoff ILS OR LOC RWY 2, Amdt 1 Minimums and Obstacle DP, Orig Effective 20 DEC 2007 Eastman, GA, Heart of Georgia Regional, St Louis, MO, Lambert-St Louis Intl, Scottsboro, AL, Scottsboro Muni-Word RNAV (GPS) RWY 2, Amdt 1 VOR RWY 6, Orig-A, CANCELLED Field, RNAV (GPS) RWY 4, Orig Eastman, GA, Heart of Georgia Regional, St Louis, MO, Lambert-St Louis Intl, Scottsboro, AL, Scottsboro Muni-Word RNAV (GPS) RWY 20, Amdt 1 VOR RWY 24, Orig-A, CANCELLED Field, RNAV (GPS) RWY 22, Orig Eastman, GA, Heart of Georgia Regional, Columbia, MS, Columbia-Marion Scottsboro, AL, Scottsboro Muni-Word NDB RWY 2, Amdt 2 County, Takeoff Minimums and Field, Takeoff Minimums and Eastman, GA, Heart of Georgia Regional, Obstacle DP, Orig Obstacle DP, Orig VOR/DME–A, Amdt 8 Princeton/Rocky Hill, NJ, Princeton, New Stuyahok, AK, New Stuyahok, Macon, GA, Macon Downtown, RNAV VOR/DME RNAV OR GPS RWY 10, RNAV (GPS) RWY 14, Orig (GPS) RWY 10, Orig Amdt 3, CANCELLED Macon, GA, Macon Downtown, RNAV New Stuyahok, AK, New Stuyahok, Casselton, ND, Casselton Robert Miller (GPS) RWY 28, Orig RNAV (GPS) RWY 32, Orig Rgnl, RNAV (GPS) RWY 13, Orig Macon, GA, Macon Downtown, LOC New Stuyahok, AK, New Stuyahok, Casselton, ND, Casselton Robert Miller RNAV (GPS) RWY 34, Orig, RWY 10, Amdt 6 Macon, GA, Macon Downtown, VOR/ Rgnl, RNAV (GPS) RWY 31, Orig CANCELLED Casselton, ND, Casselton Robert Miller New Stuyahok, AK, New Stuyahok, DME–B, Amdt 3 Rgnl, VOR/DME RWY 31, Amdt 1 RNAV (GPS) RWY 16, Orig, Macon, GA, Macon Downtown, VOR–A, Casselton, ND, Casselton Robert Miller CANCELLED Amdt 6 New Stuyahok, AK, New Stuyahok, McRae, GA, Telfair-Wheeler, RNAV Rgnl, Takeoff Minimums and Obstacle Takeoff Minimums and Obstacle DP, (GPS) RWY 21, Orig DP, Orig Amdt 1 McRae, GA, Telfair-Wheeler, NDB RWY Washington Court House, OH, Fayette Tanana, AK, Ralph M Calhoun Meml, 21, Amdt 9 County, RNAV (GPS) RWY 23, Orig VOR/DME RWY 7, Amdt 2 McRae, GA, Telfair-Wheeler, Takeoff Washington Court House, OH, Fayette Tanana, AK, Ralph M Calhoun Meml, Minimums and Obstacle DP, Orig County, NDB RWY 23, Amdt 5 VOR–A, Amdt 7A, CANCELLED Milledgeville, GA, Baldwin County, Washington Court House, OH, Fayette Tanana, AK, Ralph M Calhoun Meml, RNAV (GPS) RWY 10, Orig County, GPS RWY 23, Orig-A, Takeoff Minimums and Obstacle DP, Milledgeville, GA, Baldwin County, CANCELLED Amdt 1 RNAV (GPS) RWY 28, Orig Washington Court House, OH, Fayette Concord, CA, Buchanan Field, Takeoff Milledgeville, GA, Baldwin County, County, Takeoff Minimums and Minimums and Obstacle DP, Amdt 2 NDB RWY 28, Amdt 2 Obstacle DP, Amdt 2 Murrieta/Temecula, CA, French Valley, Milledgeville, GA, Baldwin County, Oklahoma City, OK, Wiley Post, Takeoff RNAV (GPS) RWY 18, Amdt 1 GPS RWY 10, Orig-B, CANCELLED Minimums and Obstacle DP, Amdt 4

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Pendleton, OR, Eastern Oregon Regional DEPARTMENT OF HOMELAND of 9 a.m. and 4:30 p.m. at the Trade and at Pendleton, ILS OR LOC/DME RWY SECURITY Commercial Regulations Branch, 25, Amdt 24 Regulations and Rulings, U.S. Customs Bureau of Customs and Border Allentown, PA, Allentown/Queen City and Border Protection, 799 9th Street, Protection Muni, RNAV (GPS) RWY 7, Orig NW. (5th Floor), Washington, DC. Arrangements to inspect submitted Allentown, PA, Allentown/Queen City DEPARTMENT OF THE TREASURY comments should be made in advance Muni, VOR–B, Amdt 7 by calling Mr. Joseph Clark at (202) 572– Allentown, PA, Allentown/Queen City 19 CFR PARTS 10, 24, 102, 162, 163, 8768. Muni, GPS RWY 7, Orig, CANCELLED and 178 FOR FURTHER INFORMATION CONTACT: Collegeville, PA, Perkiomen Valley, USCBP–2007–0063 Textile Operational Aspects: Robert Takeoff Minimums and Obstacle DP, CBP Dec. 07–81 Abels, Office of International Trade, (202) 344–1959. Orig RIN 1505–AB81 Other Operational Aspects: Seth Barnwell, SC, Barnwell Rgnl, RNAV Mazze, Office of International Trade, (GPS) RWY 35, Orig United States-Bahrain Free Trade Agreement (202) 344–2634. Union City, TN, Everett-Stewart, VOR/ Audit Aspects: Mark Hanson, Office DME–A, Amdt 8 AGENCIES: Bureau of Customs and of International Trade, (202) 863–3065. Border Protection, Department of Culpeper, VA, Culpeper Regional, Legal Aspects: Holly Files, Office of Homeland Security; Department of the International Trade, (202) 572–8817. Takeoff Minimums and Obstacle DP, Treasury. Orig SUPPLEMENTARY INFORMATION: ACTION: Interim regulations; solicitation New Richmond, WI, New Richmond of comments. Public Participation Regional, RNAV (GPS) RWY 14, Amdt Interested persons are invited to 1 SUMMARY: This document amends the participate in this rulemaking by U.S. Customs and Border Protection New Richmond, WI, New Richmond submitting written data, views, or (‘‘CBP’’) regulations on an interim basis Regional, RNAV (GPS) RWY 32, Amdt arguments on all aspects of the interim to implement the preferential tariff 1 rule. CBP also invites comments that treatment and other customs-related relate to the economic, environmental, New Richmond, WI, New Richmond provisions of the United States-Bahrain or federalism effects that might result Regional, NDB RWY 14, Amdt 3 Free Trade Agreement entered into by from this interim rule. Comments that New Richmond, WI, New Richmond the United States and the Kingdom of will provide the most assistance to CBP Regional, Takeoff Minimums and Bahrain. will reference a specific portion of the Obstacle DP, Orig DATES: Interim rule effective October 16, interim rule, explain the reason for any Prairie Du Sac, WI, Sauk-Prairie, RNAV 2007; comments must be received by recommended change, and include data, (GPS) RWY 18, Orig December 17, 2007. information, or authority that support ADDRESSES: You may submit comments, such recommended change. See Prairie Du Sac, WI, Sauk-Prairie, RNAV identified by docket number, by one of ADDRESSES above for information on (GPS) RWY 36, Orig the following methods: how to submit comments. Prairie Du Sac, WI, Sauk-Prairie, Takeoff • Federal eRulemaking Portal: http:// Background Minimums and Obstacle DP, Orig www.regulations.gov. Follow the Charleston, WV, Yeager, RADAR–1, instructions for submitting comments On September 14, 2004, the United States and the Kingdom of Bahrain (the Amdt 12A, CANCELLED via docket number USCBP–2007–0063. • Mail: Trade and Commercial ‘‘Parties’’) signed the U.S.-Bahrain Free Hulett, WY, Hulett Muni, RNAV (GPS)– Regulations Branch, Regulations and Trade Agreement (‘‘BFTA’’ or A, Orig Rulings, U.S. Customs and Border ‘‘Agreement’’). The stated objectives of Hulett, WY, Hulett Muni, Takeoff Protection, 1300 Pennsylvania Avenue, the BFTA include creating new Minimums and Obstacle DP, Orig NW. (Mint Annex), Washington, DC employment opportunities and raising the standard of living for the citizens of Jackson, WY, Jackson Hole, ILS OR LOC 20229. Instructions: All submissions received the Parties by liberalizing and Z RWY 19, Orig must include the agency name and expanding trade between them; Effective 14 FEB 2008 docket number for this rulemaking. All enhancing the competitiveness of the comments received will be posted enterprises of the Parties in global San Francisco, CA, San Francisco Intl, without change to http:// markets; establishing clear and mutually RNAV (GPS) X RWY 10R, Orig-B www.regulations.gov, including any advantageous rules governing trade Clinton, MD, Washington Executive/ personal information provided. For between the Parties; eliminating bribery Hyde Field, Takeoff Minimums and detailed instructions on submitting and corruption in international trade Obstacle DP, Orig comments and additional information and investment; fostering creativity and [FR Doc. E7–20212 Filed 10–15–07; 8:45 am] on the rulemaking process, see the innovation by improving technology ‘‘Public Participation’’ heading of the and enhancing the protection and BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION section of enforcement of intellectual property this document. rights; strengthening the development Docket: For access to the docket to and enforcement of labor and read background documents or environmental laws and policies; and comments received, go to http:// establishing an expanded free trade area www.regulations.gov. Submitted in the Middle East, thereby contributing comments may also be inspected during to economic liberalization and regular business days between the hours development in the region.

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The provisions of the BFTA were imported good qualifies as an used in Chapter Four of the BFTA. The adopted by the United States with the originating good of the United States or basic rules of origin in Chapter Four of enactment of the United States-Bahrain Bahrain (BFTA Party) and, as such, is the BFTA are set forth in General Note Free Trade Agreement Implementation therefore eligible for preferential tariff 30, HTSUS. Act (the ‘‘Act’’), Public Law 109–169, (duty-free or reduced duty) treatment as Chapter Five sets forth the customs 119 Stat. 3581 (19 U.S.C. 3805 note), on specified in the Agreement. Under operational provisions related to the January 11, 2006. Section 205 of the Act Article 4.1, originating goods may be implementation and administration of requires that regulations be prescribed grouped in three broad categories: (1) the BFTA. as necessary. Goods that are wholly the growth, In order to provide transparency and On July 27, 2006, the President signed product, or manufacture of one or both facilitate their use, the majority of the Proclamation 8039 to implement the of the Parties; (2) goods (other than BFTA implementing regulations set provisions of the BFTA. The those covered by the product-specific forth in this document have been proclamation, which was published in rules set forth in Annex 3–A or Annex included within new Subpart N in Part the Federal Register on August 1, 2006 4–A) that are new or different articles of 10 of the CBP regulations (19 CFR Part (71 FR 43635), modified the commerce that have been grown, 10). However, in those cases in which Harmonized Tariff Schedule of the produced, or manufactured in the BFTA implementation is more United States (‘‘HTSUS’’) as set forth in territory of one or both of the Parties, appropriate in the context of an existing Annexes I and II of Publication 3830 of and that have a minimum value-content, regulatory provision, the BFTA the U.S. International Trade i.e., at least 35 percent of the good’s regulatory text has been incorporated in Commission. The modifications to the appraised value must be attributed to an existing Part within the CBP HTSUS included the addition of new the cost or value of materials produced regulations. In addition, this document General Note 30, incorporating the in one or both of the Parties plus the sets forth several cross-references and relevant BFTA rules of origin as set direct costs of processing operations other consequential changes to existing forth in the Act, and the insertion performed in one or both of the Parties; regulatory provisions to clarify the throughout the HTSUS of the and (3) goods that satisfy the product- relationship between those existing preferential duty rates applicable to specific rules set forth in Annex 3–A provisions and the new BFTA individual products under the BFTA (textile or apparel goods) or Annex 4– implementing regulations. The where the special program indicator A (certain non-textile or non-apparel regulatory changes are discussed below ‘‘BH’’ appears in parenthesis in the goods). in the order in which they appear in this ‘‘Special’’ rate of duty subcolumn. The Article 4.2 explains that the term document. modifications to the HTSUS also ‘‘new or different article of commerce’’ included a new Subchapter XIV to means a good that has been Discussion of Amendments Chapter 99 to provide for temporary substantially transformed from a good or Part 10 tariff rate quotas and applicable material that is not wholly the growth, Section 10.31(f) concerns temporary safeguards implemented by the BFTA. product, or manufacture of one or both importations under bond. It is amended U.S. Customs and Border Protection of the Parties and that has a new name, by adding references to certain goods (‘‘CBP’’) is responsible for administering character, or use distinct from the good originating in Bahrain for which, like the provisions of the BFTA and the Act or material from which it was goods originating in Canada, Mexico, that relate to the importation of goods transformed. Article 4.3 provides that a Singapore, Chile, and Morocco, no bond into the United States from Bahrain. good will not be considered to be a new or other security will be required when Those customs-related BFTA provisions or different article of commerce as the imported temporarily for prescribed that require implementation through result of undergoing simple combining uses. The provisions of BFTA Article regulation include certain tariff and or packaging operations, or mere 2.5 (temporary admission of goods) are non-tariff provisions within Chapter dilution with water or another already reflected in existing temporary One (Initial Provisions and Definitions), substance that does not materially alter importation bond or other provisions Chapter Two (National Treatment and the characteristics of the good. Market Access for Goods), Chapter Article 4.4 provides for the contained in Part 10 of the CBP Three (Textiles and Apparel), Chapter accumulation of production in the regulations and in Chapter 98 of the Four (Rules of Origin), and Chapter Five territory of one or both of the Parties in HTSUS. (Customs Administration). determining whether a good qualifies as Part 10, Subpart N These implementing regulations originating under the BFTA. Articles 4.5 incorporate certain general definitions and 4.6 set forth the rules for calculating General Provisions set forth in Article 1.3 of the BFTA. the value of materials and the direct Section 10.801 outlines the scope of These regulations also implement costs of processing operations, new Subpart N, Part 10. This section Article 2.6 (Goods Re-entered After respectively, for purposes of also clarifies that, except where the Repair or Alteration) of Chapter Two of determining whether a good satisfies the context otherwise requires, the the BFTA. 35 percent value-content requirement. requirements contained in Subpart N, Chapter Three of the BFTA sets forth Articles 4.7 through 4.9 consist of Part 10 are in addition to general the measures relating to trade in textile additional sub-rules applicable to administrative and enforcement and apparel goods between Bahrain and originating goods, involving retail provisions set forth elsewhere in the the United States under the BFTA. The packaging materials, packing materials CBP regulations. Thus, for example, the provisions within Chapter Three that for shipment, indirect materials, and specific merchandise entry require regulatory action by CBP are transit and transshipment. In addition, requirements contained in Subpart N, Article 3.2 (Rules of Origin and Related Articles 4.10 and 4.11 set forth the Part 10 are in addition to the basic entry Matters), Article 3.3 (Customs procedural requirements that apply requirements contained in Parts 141– Cooperation), and Article 3.4 under the BFTA, in particular with 143 of the CBP regulations. (Definitions). regard to importer claims for Section 10.802 sets forth definitions Chapter Four of the BFTA sets forth preferential tariff treatment. Article 4.14 of common terms used in multiple the rules for determining whether an provides definitions of certain terms contexts or places within Subpart N,

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Part 10. Although the majority of the paragraph (i) of § 10.809, the United Originating Textile or Apparel Goods definitions in this section are based on States should be guided by the Section 10.811(a), as provided for in definitions contained in Article 1.3 of provisions of Part 102 of the CBP Article 3.2.6 of the BFTA, sets forth a de the BFTA and § 3 of the Act, other regulations (19 CFR Part 102). minimis rule for certain textile or definitions have also been included to General Rules of Origin apparel goods that may be considered to clarify the application of the regulatory qualify as originating goods even though texts. Additional definitions which Section 10.810 includes the basic they fail to satisfy the applicable change apply in a more limited Subpart N, Part rules of origin established in Article 4.1 in tariff classification set out in General 10 context are set forth elsewhere with of the BFTA, section 202(b) of the Act, Note 30(h). This paragraph also includes the substantive provisions to which they and General Note 30(b), HTSUS. an exception to the de minimis rule. relate. Paragraph (a) of § 10.810 sets forth the Section 10.811(b), which is based on Import Requirements three basic categories of goods that are Article 3.2.7 of the BFTA, sets forth a considered originating goods under the special rule for textile or apparel goods Section 10.803 sets forth the BFTA. Paragraph (a)(1) of § 10.810 classifiable under General Rule of procedure for claiming BFTA tariff specifies those goods that are Interpretation 3, HTSUS, as goods put benefits at the time of entry. considered originating goods because up in sets for retail sale. Section 10.804, as provided in BFTA they are wholly the growth, product, or Article 4.10(b), requires a U.S. importer, manufacture of one or both of the Accumulation upon request, to submit a declaration Parties. Paragraph (a)(2) provides that Section 10.812, which is derived from setting forth all pertinent information goods are considered originating goods BFTA Article 4.4, sets forth the rule by concerning the growth, production, or if they: (1) Are new or different articles which originating goods or materials manufacture of the good. Included in of commerce that have been grown, from the territory of a Party that are § 10.804 is a provision that the produced, or manufactured in the used in the production of a good in the declaration may be used either for a territory of one or both of the Parties as territory of the other Party will be single importation or for multiple determined by application of the considered to originate in the territory importations of identical goods. provisions of § 102.1 through § 102.21 of of such other Party. In addition, this Section 10.805 sets forth certain the CBP regulations (19 CFR section also establishes that a good or importer obligations regarding the 102.1 102.21); (2) are classified in material that is produced by one or truthfulness of information and HTSUS provisions that are not covered more producers in the territory of one or documents submitted in support of a by the product-specific rules set forth in both of the Parties is an originating good claim for preferential tariff treatment General Note 30(h), HTSUS; and (3) or material if the article satisfies all of under the BFTA. As provided in BFTA meet a 35 percent domestic-content the applicable requirements of the rules Article 4.10(a), this section states that a requirement. Finally, paragraph (a)(3) of origin of the BFTA. U.S. importer who makes a claim for states that goods are considered Value of Materials preferential tariff treatment for a good is originating goods if: (1) They are deemed to have certified that the good classified in HTSUS provisions that are Section 10.813 implements Article 4.5 qualifies for such treatment. covered by the product-specific rules set of the BFTA, relating to the calculation Section 10.806 provides that the forth in General Note 30(h), HTSUS; (2) of the value of materials that may be importer’s declaration is not required each non-originating material used in applied toward satisfaction of the 35 for certain non-commercial or low-value the production of the good in the percent value-content requirement. importations. territory of one or both of the Parties Section 10.807 implements the Direct Costs of Processing Operations undergoes an applicable change in tariff portion of BFTA Article 4.10 concerning Section 10.814, which reflects Article classification or otherwise satisfies the the maintenance of records necessary 4.6 of the BFTA, sets forth provisions requirements specified in General Note for the preparation of the declaration. regarding the calculation of direct costs 30(h), HTSUS; and (3) the goods meet Section 10.808, which is based on of processing operations for purposes of any other requirements specified in BFTA Article 4.11.1, provides for the the 35 percent value-content General Note 30, HTSUS. denial of BFTA tariff benefits if the requirement. importer fails to comply with any of the Paragraph (b) of § 10.810 sets forth the requirements of Subpart N, Part 10, CBP basic rules that apply for purposes of Packaging and Packing Materials and regulations. determining whether a good satisfies the Containers for Retail Sale and for 35 percent domestic-content Shipment Rules of Origin requirement referred to in § 10.810(a)(2). Section 10.815 is based on Article 4.7 Sections 10.809 through 10.817 Paragraph (c) of § 10.810 implements of the BFTA and provides that retail provide the implementing regulations Article 4.3 of the BFTA, relating to the packaging materials and packing regarding the rules of origin provisions simple combining or packaging or mere materials for shipment are to be of General Note 30, HTSUS, Article 3.2 dilution exceptions to the ‘‘new or disregarded in determining whether a and Chapter Four of the BFTA, and different article of commerce’’ good qualifies as originating under the § 202 of the Act. requirement of § 10.810(a)(2). Since the BFTA, except to the extent that the language in Article 4.3 of the BFTA (and value of such packaging and packing Definitions § 202(i)(7)(B) of the Act) is nearly materials may be included for purposes Section 10.809 sets forth terms that identical to the language found in of meeting the 35 percent value-content are defined for purposes of the rules of § 213(a)(2) of the Caribbean Basin requirement. origin. CBP notes that, pursuant to Economic Recovery Act (‘‘CBERA’’) (19 letters of understanding exchanged U.S.C. 2703(a)(2)), § 10.810(c) Indirect Materials between the Parties on September 14, incorporates by reference the examples Section 10.816, which is derived from 2004, in determining whether a good and principles set forth in § 10.195(a)(2) Article 4.8 of the BFTA, provides that meets the definition of a ‘‘new or of CBP’s implementing CBERA indirect materials will be disregarded in different article of commerce’’ in regulations. determining whether a good qualifies as

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an originating good under the BFTA, Section 10.823 provides for the denial examination of, among other things, except to the extent that the cost of such of a TPL claim if the importer fails to imported merchandise. A cross- indirect materials may be included comply with any applicable reference is added to § 162.0, which is toward satisfying the 35 percent value- requirement under Subpart N, Part 10, the scope section of the part, to refer content requirement. CBP regulations, including the failure to readers to the additional BFTA records provide documentation, when requested maintenance and examination Imported Directly by CBP, establishing that the good was provisions contained in new Subpart N, Section 10.817(a) sets forth the basic imported directly from the territory of a Part 10, CBP regulations. rule, found in Article 4.1 of the BFTA, Party into the territory of the other Part 163 that a good must be imported directly Party. from the territory of a Party into the A conforming amendment is made to territory of the other Party to qualify as Origin Verifications and Determinations § 163.1 to include the maintenance of an originating good under the BFTA. Sections 10.824 implements BFTA any documentation that the importer This paragraph further provides that, as Article 4.11.2 by providing that a claim may have in support of a claim for set forth in Article 4.9 of the BFTA, a for BFTA preferential tariff treatment, preference under the BFTA as an good will not be considered to be including any information submitted in activity for which records must be imported directly if, after exportation support of the claim, will be subject to maintained. Also, the list or records and from the territory of a Party, the good such verification as CBP deems information required for the entry of undergoes production, manufacturing, necessary. This section further sets forth merchandise appearing in the Appendix or any other operation outside the the circumstances under which a claim to Part 163 (commonly known as the territories of the Parties, other than may be denied based on the results of (a)(1)(A) list)) is also amended to add certain minor operations. the verification. the BFTA records that the importer may Paragraph (b) of § 10.817 provides that Section 10.825 implements BFTA have in support of a BFTA claim for an importer making a claim for Article 4.11.3 by providing that CBP preferential tariff treatment. preferential tariff treatment under the will issue a determination to the Part 178 BFTA may be required to demonstrate, importer when CBP determines that a through the submission of documentary claim for BFTA preferential tariff Part 178 sets forth the control evidence, that the ‘‘imported directly’’ treatment should be denied based on the numbers assigned to information requirement was satisfied. results of a verification. This section collections of CBP by the Office of Management and Budget, pursuant to Tariff Preference Level also prescribes the information required to be included in the determination. the Paperwork Reduction Act of 1995, Section 10.818 sets forth the Public Law 104–13. The list contained procedures for claiming BFTA tariff Penalties in § 178.2 is amended to add the benefits for non-originating fabric, Section 10.826 concerns the general information collections used by CBP to apparel, or made-up goods entitled to application of penalties to BFTA determine eligibility for a tariff preference under an applicable tariff transactions and is based on BFTA preference or other rights or benefits preference level (‘‘TPL’’). Article 5.9. under the BFTA and the Act. Section 10.819, which is based on Goods Returned After Repair or Inapplicability of Notice and Delayed Articles 3.2.8(a) through 3.2.8(d), Effective Date Requirements describes the non-originating fabric, Alteration apparel, and made-up goods that are Section 10.827 implements BFTA Under section 553 of the eligible for TPL claims under the BFTA. Article 2.6 regarding duty treatment of Administrative Procedure Act (‘‘APA’’) Section 10.820 is based on Article goods re-entered after repair or (5 U.S.C. 553), agencies amending their 3.2.10 of the BFTA and establishes that, alteration in Bahrain. regulations generally are required to at the written request of the Government publish a notice of proposed rulemaking of Bahrain, CBP will require an importer Part 24 in the Federal Register that solicits claiming preferential treatment on a A paragraph is added to § 24.23(c), public comment on the proposed non-originating cotton or man-made which concerns the merchandise amendments, consider public comments fiber good specified in § 10.819 to processing fee (MPF) to implement in deciding on the final content of the submit a certificate of eligibility. § 203 of the Act, providing that the MPF final amendments, and publish the final Section 10.821 reflects Article 3.2.11 is not applicable to goods that qualify as amendments at least 30 days prior to of the BFTA. Paragraph (a) of § 10.821 originating goods as provided for under their effective date. However, section provides that an importer claiming § 202 of the Act. 553(a)(1) of the APA provides that the preferential treatment on a non- standard prior notice and comment originating cotton or man-made fiber Part 102 procedures do not apply to an agency good specified in § 10.819 must submit, Part 102 contains regulations rulemaking that involves the foreign at the request of the port director, a regarding the rules for determining the affairs function of the United States. declaration setting forth all pertinent country of origin of imported goods for CBP has determined that these interim production information. Paragraph (b) of various purposes. Section 102.0, which regulations involve a foreign affairs § 10.821 requires that an importer must sets forth the scope of Part 102, is function of the United States, as they retain all records relied upon to prepare amended to notify readers that the rules implement preferential tariff treatment the declaration for a period of five years. of §§ 102.1 through 102.21 will be used and related provisions of the BFTA. Section 10.822 establishes that non- for purposes of determining whether a Therefore, the rulemaking requirements originating fabric or apparel goods are good is considered a new and different under the APA do not apply and this entitled to preferential tariff treatment article of commerce under the BFTA. interim rule will be effective upon under an applicable TPL only if they are publication. However, CBP is soliciting imported directly from the territory of a Part 162 comments in this interim rule and will Party into the territory of the other Part 162 contains regulations consider all comments it receives before Party. regarding the inspection and issuing a final rule.

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Executive Order 12866 and Regulatory Treasury, Office of Information and United States), 1321, 1481, 1484, 1498, 1508, Flexibility Act Regulatory Affairs, Washington, DC 1623, 1624, 3314; CBP has determined that this 20503. A copy should also be sent to the * * * * * document is not a regulation or rule Trade and Commercial Regulations Sections 10.801 through 10.829 also subject to the provisions of Executive Branch, Regulations and Rulings, U.S. issued under 19 U.S.C. 1202 (General Order 12866 of September 30, 1993 (58 Customs and Border Protection, 1300 Note 30, HTSUS) and Pub. L. 109–169, FR 51735, October 1993), because it Pennsylvania Avenue, NW. (Mint 119 Stat. 3581 (19 U.S.C. 3805 note). pertains to a foreign affairs function of Annex), Washington, DC 20229. I 2. In § 10.31, paragraph (f), the last the United States and implements an Signing Authority sentence is revised to read as follows: international agreement, as described This document is being issued in above, and therefore is specifically § 10.31 Entry; bond. accordance with § 0.1(a)(1) of the CBP exempted by section 3(d)(2) of * * * * * Executive Order 12866. Because a notice Regulations (19 CFR 0.1(a)(1)) of proposed rulemaking is not required pertaining to the authority of the (f) * * * In addition, notwithstanding under section 553(b) of the APA for the Secretary of the Treasury (or his/her any other provision of this paragraph, in reasons described above, CBP notes that delegate) to approve regulations related the case of professional equipment the provisions of the Regulatory to certain customs revenue functions. necessary for carrying out the business Flexibility Act, as amended (5 U.S.C. List of Subjects activity, trade or profession of a 601 et seq.), do not apply to this business person, equipment for the rulemaking. Accordingly, CBP also 19 CFR Part 10 press or for sound or television notes that this interim rule is not subject Alterations, Bonds, Customs duties broadcasting, cinematographic to the regulatory analysis requirements and inspection, Exports, Imports, equipment, articles imported for sports or other requirements of 5 U.S.C. 603 Preference programs, Repairs, Reporting purposes and articles intended for and 604. and recordkeeping requirements, Trade display or demonstration, if brought agreements. into the United States by a resident of Paperwork Reduction Act Canada, Mexico, Chile, Singapore, These regulations are being issued 19 CFR Part 24 Morocco, or Bahrain and entered under without prior notice and public Financial and accounting procedures. Chapter 98, Subchapter XIII, HTSUS, no procedure pursuant to the bond or other security will be required Administrative Procedure Act (5 U.S.C. 19 CFR Part 102 if the entered article is a good 553). For this reason, the collections of Customs duties and inspections, originating, within the meaning of information contained in these Imports, Reporting and recordkeeping General Notes 12, 25, 26, 27 and 30, regulations have been reviewed and, requirements, Rules of origin, Trade HTSUS, in the country of which the pending receipt and evaluation of agreements. importer is a resident. public comments, approved by the * * * * * Office of Management and Budget in 19 CFR Part 162 I 3. Part 10, CBP regulations, is accordance with the requirements of the Administrative practice and amended by adding Subpart N to read Paperwork Reduction Act (44 U.S.C. procedure, Customs duties and as follows: 3507) under control number 1651–0130. inspection, Penalties, Trade agreements. The collections of information in Subpart N—United States-Bahrain Free these regulations are in §§ 10.803, 19 CFR Part 163 Trade Agreement 10.804, 10.818, and 10.821. This Administrative practice and General Provisions information is required in connection procedure, Customs duties and Sec. with claims for preferential tariff inspection, Export, Import, Reporting 10.801 Scope. treatment and for the purpose of the and recordkeeping requirements, Trade 10.802 General definitions. exercise of other rights under the BFTA agreements. and the Act and will be used by CBP to Import Requirements determine eligibility for a tariff 19 CFR Part 178 10.803 Filing of claim for preferential tariff preference or other rights or benefits Administrative practice and treatment upon importation. under the BFTA and the Act. The likely procedure, Exports, Imports, Reporting 10.804 Declaration. respondents are business organizations and recordkeeping requirements. 10.805 Importer obligations. including importers, exporters and 10.806 Declaration not required. manufacturers. Amendments to the CBP Regulations 10.807 Maintenance of records. 10.808 Effect of noncompliance; failure to Estimated total annual reporting I Accordingly, chapter I of title 19, provide documentation regarding burden: 100 hours. Code of Federal Regulations (19 CFR transshipment. Estimated average annual burden per chapter I), is amended as set forth Rules of Origin respondent: 12 minutes. below. Estimated number of respondents: 10.809 Definitions. 500. PART 10—ARTICLES CONDITIONALLY 10.810 Originating goods. Estimated annual frequency of FREE, SUBJECT TO A REDUCED 10.811 Textile or apparel goods. responses: 1. RATE, ETC. 10.812 Accumulation. Comments concerning the collections 10.813 Value of materials. of information and the accuracy of the I 1. The general authority citation for 10.814 Direct costs of processing operations. estimated annual burden, and Part 10 continues to read, and the specific authority for new Subpart N is 10.815 Packaging and packing materials suggestions for reducing that burden, and containers for retail sale and for should be directed to the Office of added to read as follows: shipment. Management and Budget, Attention: Authority: 19 U.S.C. 66, 1202 (General 10.816 Indirect materials. Desk Officer for the Department of the Note 3(i), Harmonized Tariff Schedule of the 10.817 Imported directly.

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Tariff Preference Level the Agreement on Implementation of (p) Preferential tariff treatment. 10.818 Filing of claim for tariff preference Article VII of the General Agreement on ‘‘Preferential tariff treatment’’ means the level. Tariffs and Trade 1994, which is part of duty rate applicable under the BFTA to 10.819 Goods eligible for tariff preference the WTO Agreement; an originating good and an exemption claims. (d) Customs duty. ‘‘Customs duty’’ from the merchandise processing fee; 10.820 Certificate of eligibility. includes any customs or import duty (q) Subheading. ‘‘Subheading’’ means 10.821 Declaration. and a charge of any kind imposed in the first six digits in the tariff 10.822 Transshipment of non-originating connection with the importation of a fabric or apparel goods. classification number under the 10.823 Effect of non-compliance; failure to good, including any form of surtax or Harmonized System; provide documentation regarding surcharge in connection with such (r) Textile or apparel good. ‘‘Textile or transshipment of non-originating fabric importation, but does not include any: apparel good’’ means a good listed in or apparel goods. (1) Charge equivalent to an internal the Annex to the Agreement on Textiles tax imposed consistently with Article Origin Verifications and Determinations and Clothing (commonly referred to as III:2 of the GATT 1994; in respect of ‘‘the ATC’’), which is part of the WTO 10.824 Verification and justification of like, directly competitive, or Agreement; claim for preferential treatment. substitutable goods of the Party, or in 10.825 Issuance of negative origin (s) Territory. ‘‘Territory’’ means: determinations. respect of goods from which the (1) With respect to Bahrain, the imported good has been manufactured territory of Bahrain as well as the Penalties or produced in whole or in part; maritime areas, seabed, and subsoil over 10.826 Violations relating to the BFTA. (2) Antidumping or countervailing which Bahrain exercises, in accordance duty; and Goods Returned After Repair or Alteration with international law, sovereignty, (3) Fee or other charge in connection sovereign rights, and jurisdiction; and 10.827 Goods re-entered after repair or with importation commensurate with alteration in Bahrain. (2) With respect to the United States, the cost of services rendered; (i) The customs territory of the United (e) Days. ‘‘Days’’ means calendar days; Subpart N—United States-Bahrain Free States, which includes the 50 states, the (f) Enterprise. ‘‘Enterprise’’ means any Trade Agreement District of Columbia, and Puerto Rico, entity constituted or organized under (ii) The foreign trade zones located in applicable law, whether or not for General Provisions the United States and Puerto Rico, and profit, and whether privately-owned or (iii) Any areas beyond the territorial § 10.801 Scope. governmentally-owned, including any seas of the United States within which, This subpart implements the duty corporation, trust, partnership, sole in accordance with international law preference and related customs proprietorship, joint venture, or other and its domestic law, the United States provisions applicable to imported goods association; under the United States-Bahrain Free (g) Foreign material. ‘‘Foreign may exercise rights with respect to the Trade Agreement (the BFTA) signed on material’’ means a material other than a seabed and subsoil and their natural September 14, 2004, and under the material produced in the territory of one resources; and United States-Bahrain Free Trade or both of the Parties; (t) WTO Agreement. ‘‘WTO Agreement Implementation Act (the (h) GATT 1994. ‘‘GATT 1994’’ means Agreement’’ means the Marrakesh Act; 119 Stat. 3581). Except as otherwise the General Agreement on Tariffs and Agreement Establishing the World Trade specified in this subpart, the procedures Trade 1994, which is part of the WTO Organization of April 15, 1994. and other requirements set forth in this Agreement; Import Requirements subpart are in addition to the customs (i) Good. ‘‘Good’’ means any procedures and requirements of general merchandise, product, article, or § 10.803 Filing of claim for preferential application contained elsewhere in this material; tariff treatment upon importation. chapter. Additional provisions (j) Harmonized System. ‘‘Harmonized An importer may make a claim for implementing certain aspects of the System (HS)’’ means the Harmonized BFTA preferential tariff treatment for an BFTA and the Act are contained in Parts Commodity Description and Coding originating good by including on the 24, 102, 162, and 163 of this chapter. System, including its General Rules of entry summary, or equivalent Interpretation, Section Notes, and documentation, the symbol ‘‘BH’’ as a § 10.802 General definitions. Chapter Notes, as adopted and prefix to the subheading of the HTSUS As used in this subpart, the following implemented by the Parties in their under which each qualifying good is terms will have the meanings indicated respective tariff laws; classified, or by the method specified unless either the context in which they (k) Heading. ‘‘Heading’’ means the for equivalent reporting via an are used requires a different meaning or first four digits in the tariff classification authorized electronic data interchange a different definition is prescribed for a number under the Harmonized System; system. particular section of this subpart: (l) HTSUS. ‘‘HTSUS’’ means the (a) Claim of origin. ‘‘Claim of origin’’ Harmonized Tariff Schedule of the § 10.804 Declaration. means a claim that a good is an United States as promulgated by the (a) Contents. An importer who claims originating good or a good of a Party; U.S. International Trade Commission; preferential tariff treatment for a good (b) Claim for preferential tariff (m) Originating. ‘‘Originating’’ means under the BFTA must submit to CBP, at treatment. ‘‘Claim for preferential tariff a good qualifying under the rules of the request of the port director, a treatment’’ means a claim that a good is origin set forth in General Note 30, declaration setting forth all pertinent entitled to the duty rate applicable HTSUS, and BFTA Chapter Three information concerning the growth, under the BFTA to an originating good (Textiles and apparel) or Chapter Four production, or manufacture of the good. or other good specified in the BFTA, (Rules of Origin); A declaration submitted to CBP under and to an exemption from the (n) Party. ‘‘Party’’ means the United this paragraph: merchandise processing fee; States or the Kingdom of Bahrain; (1) Need not be in a prescribed format (c) Customs Valuation Agreement. (o) Person. ‘‘Person’’ means a natural but must be in writing or must be ‘‘Customs Valuation Agreement’’ means person or an enterprise; transmitted electronically pursuant to

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any electronic means authorized by CBP The goods comply with all the (2) A commercial importation for for that purpose; requirements for preferential tariff treatment which the value of the originating goods (2) Must include the following specified for those goods in the United does not exceed U.S. $2,500. information: States-Bahrain Free Trade Agreement; and (b) Exception. If the port director lll (i) The legal name, address, This document consists of pages, determines that an importation including all attachments.’’ telephone, and e-mail address (if any) of described in paragraph (a) of this the importer of record of the good; (b) Responsible official or agent. The section may reasonably be considered to (ii) The legal name, address, declaration must be signed and dated by have been carried out or planned for the telephone, and e-mail address (if any) of a responsible official of the importer or purpose of evading compliance with the the responsible official or authorized by the importer’s authorized agent rules and procedures governing claims agent of the importer signing the having knowledge of the relevant facts. for preference under the BFTA, the port declaration (if different from the (c) Language. The declaration must be director will notify the importer that for information required by paragraph completed in the English language. that importation the importer must (a)(2)(i) of this section); (d) Applicability of declaration. The submit to CBP a declaration. The (iii) The legal name, address, declaration may be applicable to: importer must submit such a declaration telephone and e-mail address (if any) of (1) A single importation of a good into within 30 days from the date of the the exporter of the good (if different the United States, including a single notice. Failure to timely submit the from the producer); shipment that results in the filing of one declaration will result in denial of the (iv) The legal name, address, or more entries and a series of claim for preferential tariff treatment. telephone and e-mail address (if any) of shipments that results in the filing of the producer of the good (if known); one entry; or § 10.807 Maintenance of records. (v) A description of the good, which (2) Multiple importations of identical (a) General. An importer claiming must be sufficiently detailed to relate it goods into the United States that occur preferential tariff treatment for a good to the invoice and HS nomenclature, within a specified blanket period, not under § 10.803 of this subpart must including quantity, numbers, invoice exceeding 12 months, set out in the maintain, for five years after the date of numbers, and bills of lading; declaration. For purposes of this the claim for preferential tariff (vi) A description of the operations paragraph, ‘‘identical goods’’ means treatment, all records and documents performed in the growth, production, or goods that are the same in all respects necessary for the preparation of the manufacture of the good in territory of relevant to the production that qualifies declaration. one or both of the Parties and, where the goods for preferential tariff (b) Applicability of other applicable, identification of the direct treatment. recordkeeping requirements. The costs of processing operations; records and documents referred to in (vii) A description of any materials § 10.805 Importer obligations. paragraph (a) of this section are in used in the growth, production, or (a) General. An importer who makes addition to any other records required to manufacture of the good that are wholly a claim for preferential tariff treatment be made, kept, and made available to the growth, product, or manufacture of under § 10.803 of this subpart: CBP under Part 163 of this chapter. one or both of the Parties, and a (1) Will be deemed to have certified (c) Method of maintenance. The statement as to the value of such that the good is eligible for preferential records and documents referred to in materials; tariff treatment under the BFTA: paragraph (a) of this section must be (viii) A description of the operations (2) Is responsible for the truthfulness maintained by importers as provided in performed on, and a statement as to the of the information and data contained in § 163.5 of this chapter. origin and value of, any materials used the declaration provided for in § 10.804 in the article that are claimed to have of this subpart; and § 10.808 Effect of noncompliance; failure been sufficiently processed in the (3) Is responsible for submitting any to provide documentation regarding territory of one or both of the Parties so supporting documents requested by CBP transshipment. as to be materials produced in one or and for the truthfulness of the (a) General. If the importer fails to both of the Parties, or are claimed to information contained in those comply with any requirement under this have undergone an applicable change in documents. CBP will allow for the subpart, including submission of a tariff classification specified in General direct submission by the exporter or complete declaration under § 10.804 of Note 30(h), HTSUS; and producer of business confidential or this subpart, when requested, the port (ix) A description of the origin and other sensitive information, including director may deny preferential tariff value of any foreign materials used in cost and sourcing information. treatment to the imported good. the good that have not been (b) Information provided by exporter (b) Failure to provide documentation substantially transformed in the or producer. The fact that the importer regarding transshipment. Where the territory of one or both of the Parties, or has made a claim for preferential tariff requirements for preferential tariff have not undergone an applicable treatment or prepared a declaration treatment set forth elsewhere in this change in tariff classification specified based on information provided by an subpart are met, the port director in General Note 30(h), HTSUS; exporter or producer will not relieve the nevertheless may deny preferential (3) Must include a statement, in importer of the responsibility referred to treatment to a good if the good is substantially the following form: in paragraph (a) of this section. shipped through or transshipped in the ‘‘I certify that: territory of a country other than a Party, The information on this document is true § 10.806 Declaration not required. and the importer of the good does not and accurate and I assume the responsibility (a) General. Except as otherwise provide, at the request of the port for proving such representations. I provided in paragraph (b) of this director, evidence demonstrating to the understand that I am liable for any false section, an importer will not be required satisfaction of the port director that the statements or material omissions made on or in connection with this document; to submit a declaration under § 10.804 good was imported directly from the I agree to maintain and present upon of this subpart for: territory of a Party into the territory of request, documentation necessary to support (1) A non-commercial importation of the other Party (see § 10.817 of this these representations; a good; or subpart).

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Rules of Origin utilized in the territory of that Party in (j) Non-originating material. ‘‘Non- the production of remanufactured originating material’’ means a material § 10.809 Definitions. goods; and that does not qualify as originating For purposes of §§ 10.809 through (12) Goods produced in the territory under this subpart or General Note 30, 10.817: of one or both of the Parties exclusively HTSUS; (a) Exporter. ‘‘Exporter’’ means a from goods referred to in paragraphs (k) Packing materials and containers person who exports goods from the (d)(1) through (d)(10) of this section, or for shipment. ‘‘Packing materials and territory of a Party; from their derivatives, at any stage of containers for shipment’’ means the (b) Generally Accepted Accounting production; goods used to protect a good during its Principles. ‘‘Generally Accepted (e) Importer. Importer means a person transportation to the United States, and Accounting Principles’’ means the does not include the packaging recognized consensus or substantial who imports goods into the territory of materials and containers in which a authoritative support in the territory of a Party; good is packaged for retail sale; a Party, with respect to the recording of (f) Indirect material. ‘‘Indirect material’’ means a good used in the (l) Recovered goods. ‘‘Recovered revenues, expenses, costs, assets, and goods’’ means materials in the form of liabilities, the disclosure of information, growth, production, manufacture, testing, or inspection of a good but not individual parts that result from: and the preparation of financial (1) The complete disassembly of used statements. These standards may physically incorporated into the good, or a good used in the maintenance of goods into individual parts; and encompass broad guidelines of general (2) The cleaning, inspecting, testing, application as well as detailed buildings or the operation of equipment associated with the growth, production, or other processing of those parts as standards, practices, and procedures; necessary for improvement to sound (c) Good. ‘‘Good’’ means any or manufacture of a good, including: working condition; merchandise, product, article, or (1) Fuel and energy; (2) Tools, dies, and molds; (m) Remanufactured good. material; ‘‘Remanufactured good’’ means an (d) Goods wholly the growth, product, (3) Spare parts and materials used in industrial good that is assembled in the or manufacture of one or both of the the maintenance of equipment and territory of a Party and that: Parties. ‘‘Goods wholly the growth, buildings; (1) Is entirely or partially comprised product, or manufacture of one or both (4) Lubricants, greases, compounding materials, and other materials used in of recovered goods; of the Parties’’ means: (2) Has a similar life expectancy to, (1) Mineral goods extracted in the the growth, production, or manufacture and meets the same performance territory of one or both of the Parties; of a good or used to operate equipment standards as, a like good that is new; (2) Vegetable goods, as such goods are and buildings; and defined in the HTSUS, harvested in the (5) Gloves, glasses, footwear, clothing, (3) Enjoys the factory warranty similar territory of one or both of the Parties; safety equipment, and supplies; to that of a like good that is new; (3) Live animals born and raised in (6) Equipment, devices, and supplies the territory of one or both of the (n) Simple combining or packaging used for testing or inspecting the good; operations. ‘‘Simple combining or Parties; (7) Catalysts and solvents; and (4) Goods obtained from live animals packaging operations’’ means operations (8) Any other goods that are not such as adding batteries to electronic raised in the territory of one or both of incorporated into the good but the use the Parties; devices, fitting together a small number of which in the growth, production, or of components by bolting, gluing, or (5) Goods obtained from hunting, manufacture of the good can reasonably trapping, or fishing in the territory of soldering, or packing or repacking be demonstrated to be a part of that components together. one or both of the parties; growth, production, or manufacture; (6) Goods (fish, shellfish, and other (g) Material. ‘‘Material’’ means a good, § 10.810 Originating goods. marine life) taken from the sea by including a part or ingredient, that is vessels registered or recorded with a (a) General. A good will be considered used in the growth, production, or an originating good under the BFTA party and flying its flag; manufacture of another good that is a (7) Goods produced from goods when imported directly from the new or different article of commerce referred to in paragraph (d)(5) of this territory of a Party into the territory of that has been grown, produced, or section on board factory ships registered the other Party only if: manufactured in one or both of the or recorded with that Party and flying (1) The good is wholly the growth, Parties; its flag; product, or manufacture of one or both (8) Goods taken by a Party or a person (h) Material produced in the territory of the Parties; of a Party from the seabed or beneath of one or both of the Parties. ‘‘Material (2) The good is a new or different the seabed outside territorial waters, produced in the territory of one or both article of commerce, as defined in provided that a Party has rights to of the Parties’’ means a good that is § 10.809(i) of this subpart, that has been exploit such seabed; either wholly the growth, product, or grown, produced, or manufactured in (9) Goods taken from outer space, manufacture of one or both of the the territory of one or both of the provided they are obtained by a Party or Parties, or a new or different article of Parties, is provided for in a heading or a person of a Party and not processed in commerce that has been grown, subheading of the HTSUS that is not the territory of a non-Party; produced, or manufactured in the covered by the product-specific rules set (10) Waste and scrap derived from: territory of one or both of the Parties; forth in General Note 30(h), HTSUS, and (i) Production or manufacture in the (i) New or different article of meets the value-content requirement territory of one or both of the Parties, or commerce. A ‘‘new or different article of specified in paragraph (b) of this (ii) Used goods collected in the commerce’’ exists when the country of section; or territory of one or both of the Parties, origin of a good which is produced in (3) The good is provided for in a provided such goods are fit only for the a Party from foreign materials is heading or subheading of the HTSUS recovery of raw materials; determined to be that country under the covered by the product-specific rules set (11) Recovered goods derived in the provisions of §§ 102.1 through 102.21 of forth in General Note 30(h), HTSUS, territory of a Party from used goods, and this chapter; and:

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(i)(A) Each of the non-originating under the BFTA unless each of the § 10.814 Direct costs of processing materials used in the production of the goods in the set is an originating good operations. good undergoes an applicable change in or the total value of the non-originating (a) Items included. For purposes of tariff classification specified in General goods in the set does not exceed ten § 10.810(b) of this subpart, the words Note 30(h), HTSUS, as a result of percent of the appraised value of the set. ‘‘direct costs of processing operations’’, production occurring entirely in the § 10.812 Accumulation. with respect to a good, mean those costs territory of one or both of the Parties; or either directly incurred in, or that can (B) The good otherwise satisfies the (a) An originating good or material be reasonably allocated to, the growth, requirements specified in General Note produced in the territory of one or both production, or manufacture of the good 30(h), HTSUS; and of the Parties that is incorporated into in the territory of one or both of the (ii) The good meets any other a good in the territory of the other Party Parties. Such costs include, to the extent requirements specified in General Note will be considered to originate in the they are includable in the appraised 30, HTSUS. territory of the other Party. value of the good when imported into a (b) Value-content requirement. A good (b) A good that is grown, produced, or Party, the following: described in paragraph (a)(2) of this manufactured in the territory of one or section will be considered an (1) All actual labor costs involved in both of the Parties by one or more the growth, production, or manufacture originating good under the BFTA only if producers is an originating good if the the sum of the value of materials of the specific good, including fringe good satisfies the requirements of benefits, on-the-job training, and the produced in one or both of the Parties, § 10.810 of this subpart and all other plus the direct costs of processing costs of engineering, supervisory, applicable requirements of General Note quality control, and similar personnel; operations performed in one or both of 30, HTSUS. the Parties, is not less than 35 percent (2) Tools, dies, molds, and other of the appraised value of the good at the § 10.813 Value of materials. indirect materials, and depreciation on time the good is entered into the machinery and equipment that are (a) General. For purposes of allocable to the specific good; territory of the United States. § 10.810(b) of this subpart and, except as (c) Combining, packaging, and provided in paragraph (b) of this (3) Research, development, design, diluting operations. For purposes of this section, the value of a material engineering, and blueprint costs, to the subpart, a good will not be considered produced in the territory of one or both extent that they are allocable to the a new or different article of commerce of the Parties includes the following: specific good; by virtue of having undergone simple (1) The price actually paid or payable (4) Costs of inspecting and testing the combining or packaging operations, or for the material by the producer of the specific good; and mere dilution with water or another good; (5) Costs of packaging the specific substance that does not materially alter (2) The freight, insurance, packing good for export to the territory of the the characteristics of the good. The other Party. principles and examples set forth in and all other costs incurred in (b) Items not included. For purposes § 10.195(a)(2) of this part will apply transporting the material to the of § 10.810(b) of this subpart, the words equally for purposes of this paragraph. producer’s plant, if such costs are not included in the price referred to in ‘‘direct costs of processing operations’’ § 10.811 Textile or apparel goods. paragraph (a)(1) of this section; do not include items that are not (a) De minimis.—(1) General. Except (3) The cost of waste or spoilage directly attributable to the good or are as provided in paragraph (a)(2) of this resulting from the use of the material in not costs of growth, production, or section, a textile or apparel good that is the growth, production, or manufacture manufacture of the good. These include, not an originating good under the BFTA of the good, less the value of recoverable but are not limited to: because certain fibers or yarns used in scrap; and (1) Profit; and the production of the component of the (4) Taxes or customs duties imposed (2) General expenses of doing good that determines the tariff on the material by one or both of the business that are either not allocable to classification of the good do not Parties, if the taxes or customs duties the good or are not related to the undergo an applicable change in tariff are not remitted upon exportation from growth, production, or manufacture of classification set out in General Note the territory of a Party. the good, such as administrative 30(h), HTSUS, will be considered to be (b) Exception. If the relationship salaries, casualty and liability an originating good if the total weight of between the producer of a good and the insurance, advertising, and salesmen’s all such fibers is not more than seven seller of a material influenced the price salaries, commissions, or expenses. percent of the total weight of that actually paid or payable for the material, § 10.815 Packaging and packing materials component. or if there is no price actually paid or (2) Exception. A textile or apparel and containers for retail sale and for payable by the producer for the shipment. good containing elastomeric yarns in the material, the value of the material component of the good that determines Packaging materials and containers in produced in the territory of one or both the tariff classification of the good will which a good is packaged for retail sale of the Parties includes the following: be considered to be an originating good and packing materials and containers only if such yarns are wholly formed in (1) All expenses incurred in the for shipment are to be disregarded in the territory of a Party. growth, production, or manufacture of determining whether a good qualifies as (b) Textile or apparel goods put up in the material, including general an originating good under § 10.810 of sets. Notwithstanding the specific rules expenses; this subpart and General Note 30, specified in General Note 30(h), HTSUS, (2) A reasonable amount for profit; HTSUS, except to the extent that the textile or apparel goods classifiable as and value of such packaging and packing goods put up in sets for retail sale as (3) The freight, insurance, packing, materials and containers may be provided for in General Rule of and all other costs incurred in included in meeting the value-content Interpretation 3, HTSUS, will not be transporting the material to the requirement specified in § 10.810(b) of considered to be originating goods producer’s plant. this subpart.

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§ 10.816 Indirect materials. Tariff Preference Level shape, or both, and sewn or otherwise Indirect materials are to be assembled in the territory of Bahrain § 10.818 Filing of claim for tariff preference from fabric or yarn produced or disregarded in determining whether a level. obtained outside the territory of Bahrain good qualifies as an originating good A fabric, apparel, or made-up good under § 10.810 of this subpart and or the United States; and described in § 10.819 of this subpart that (d) Cotton or man-made fiber made-up General Note 30, HTSUS, except that does not qualify as an originating good the cost of such indirect materials may goods provided for in Chapter 63 of the under § 10.810 of this subpart may HTSUS that are cut or knit to shape, or be included in meeting the value- nevertheless be entitled to preferential content requirement specified in both, and sewn or otherwise assembled tariff treatment under the BFTA under in the territory of Bahrain from fabric § 10.810(b) of this subpart. an applicable tariff preference level wholly formed in Bahrain or the United § 10.817 Imported directly. (TPL). To make a TPL claim, the States from yarn produced or obtained importer must include on the entry outside the territory of Bahrain or the (a) General. To qualify as an summary, or equivalent documentation, United States. originating good under the BFTA, a the applicable subheading in Chapter 99 good must be imported directly from the of the HTSUS (9914.99.20) immediately § 10.820 Certificate of eligibility. territory of a Party into the territory of above the applicable subheading in Upon request, an importer claiming the other Party. For purposes of this Chapter 52 through Chapter 63 of the preferential tariff treatment on a non- subpart, the words ‘‘imported directly’’ HTSUS under which each non- originating cotton or man-made fiber mean: originating fabric or apparel good is good specified in § 10.819 of this (1) Direct shipment from the territory classified. subpart must submit to CBP a certificate of a Party into the territory of the other of eligibility. The certificate of eligibility Party without passing through the § 10.819 Goods eligible for tariff must be completed and signed by an territory of a non-Party; or preference claims. authorized official of the Government of (2) If the shipment passed through the The following goods are eligible for a Bahrain and must be in the possession territory of a non-Party, the good, upon TPL claim filed under § 10.818 of this of the importer at the time the arrival in the territory of a Party, will be subpart (subject to the quantitative preferential tariff treatment is claimed. limitations set forth in U.S. Note 13, considered to be ‘‘imported directly’’ § 10.821 Declaration. only if the good: Subchapter XIV, Chapter 99, HTSUS): (a) Cotton or man-made fiber fabric (a) General. An importer who claims (i) Remained under the control of the goods provided for in Chapters 52, 54, preferential tariff treatment on a non- customs authority of the non-Party; and 55, 58, and 60 of the HTSUS that are originating cotton or man-made fiber (ii) Did not undergo production, wholly formed in the territory of good specified in § 10.819 of this manufacturing, or any other operation Bahrain from yarn produced or obtained subpart must submit, at the request of outside the territories of the Parties, outside the territory of Bahrain or the the port director, a declaration other than unloading, reloading, or any United States; supporting such a claim for preferential other operation necessary to preserve (b) Cotton or man-made fiber fabric tariff treatment that sets forth all the good in good condition or to goods provided for in subheadings pertinent information concerning the transport the good to the territory of a 5801.21, 5801.22, 5801.23, 5801.24, production of the good, including: Party. Operations that may be performed 5801.25, 5801.26, 5801.31, 5801.32, (1) A description of the good, outside the territories of the Parties 5801.33, 5801.34, 5801.35, 5801.36, quantity, invoice numbers, and bills of include inspection, removal of dust that 5802.11, 5802.19, 5802.20, 5802.30, lading; accumulates during shipment, 5803.10, 5803.90.30, 5804.10.10, (2) A description of the operations ventilation, spreading out or drying, 5804.21, 5804.29.10, 5804.30, performed in the production of the good chilling, replacing salt, sulfur dioxide, 5805.00.30, 5805.00.40, 5806.10.10, in the territory of one or both of the or aqueous solutions, replacing 5806.10.24, 5806.10.28, 5806.20, Parties; damaged packing materials and 5806.31, 5806.32, 5807.10.05, (3) A reference to the specific containers, and removal of units of the 5807.10.20, 5807.90.05, 5807.90.20, provision in § 10.819 of this subpart that good that are spoiled or damaged and 5808.10.40, 5808.10.70, 5808.90, forms the basis for the claim for present a danger to the remaining units 5809.00, 5810.10, 5810.91, 5810.92, preferential tariff treatment; and (4) A statement as to any fiber, yarn, of the good, or to transport the good to 5811.00.20, 5811.00.30, 6001.10, or fabric of a non-Party and the origin the territory of a Party. 6001.21, 6001.22, 6001.91, 6001.92, of such materials used in the production (b) Documentary evidence. An 6002.40, 6002.90, 6003.20, 6003.30, importer making a claim for preferential of the good. 6003.40, 6004.10, 6004.90, 6005.21, (b) Retention of records. An importer tariff treatment under the BFTA for an 6005.22, 6005.23, 6005.24, 6005.31, must retain all documents relied upon originating good may be required to 6005.32, 6005.33, 6005.34, 6005.41, to prepare the declaration for a period demonstrate, to CBP’s satisfaction, that 6005.42, 6005.43, 6005.44, 6006.21, of five years. the good was ‘‘imported directly’’ from 6006.22, 6006.23, 6006.24, 6006.31, the territory of a Party into the territory 6006.32, 6006.33, 6006.34, 6006.41, § 10.822 Transshipment of non-originating of the other Party, as that term is 6006.42, 6006.43, and 6006.44 of the fabric or apparel goods. defined in paragraph (a) of this section. HTSUS that are wholly formed in the (a) General. To qualify for preferential An importer may demonstrate territory of Bahrain from yarn spun in tariff treatment under an applicable compliance with this section by the territory of Bahrain or the United TPL, a good must be imported directly submitting documentary evidence. Such States from fiber produced or obtained from the territory of a Party into the evidence may include, but is not limited outside the territory of Bahrain or the territory of the other Party. For purposes to, bills of lading, airway bills, packing United States; of this subpart, the words ‘‘imported lists, commercial invoices, receiving (c) Cotton or man-made fiber apparel directly’’ mean: and inventory records, and customs goods provided for in Chapters 61 or 62 (1) Direct shipment from the territory entry and exit documents. of the HTSUS that are cut or knit to of a Party into the territory of the other

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Party without passing through the demonstrating to the satisfaction of the Goods Returned After Repair or territory of a non-Party; or port director that the requirements set Alteration (2) If the shipment passed through the forth in § 10.822 of this subpart were territory of a non-Party, the good, upon § 10.827 Goods re-entered after repair or met. alteration in Bahrain. arrival in the territory of a Party, will be considered to be ‘‘imported directly’’ Origin Verifications and (a) General. This section sets forth the only if the good: Determinations rules that apply for purposes of (i) Remained under the control of the obtaining duty-free treatment on goods § 10.824 Verification and justification of returned after repair or alteration in customs authority of the non-Party; and claim for preferential treatment. (ii) Did not undergo production, Bahrain as provided for in subheadings manufacturing, or any other operation (a) Verification. A claim for 9802.00.40 and 9802.00.50, HTSUS. outside the territories of the Parties, preferential treatment made under Goods returned after having been other than unloading, reloading, or any § 10.803 of this subpart, including any repaired or altered in Bahrain, whether other operation necessary to preserve it declaration or other information or not pursuant to a warranty, are in good condition or to transport the submitted to CBP in support of the eligible for duty-free treatment, good to the territory of a Party. claim, will be subject to such provided that the requirements of this Operations that may be performed verification as the port director deems section are met. For purposes of this outside the territories of the Parties necessary. In the event that the port section, ‘‘repairs or alterations’’ means include inspection, removal of dust that director is provided with insufficient restoration, addition, renovation, re- accumulates during shipment, information to verify or substantiate the dyeing, cleaning, re-sterilizing, or other ventilation, spreading out or drying, claim, the port director may deny the treatment which does not destroy the chilling, replacing salt, sulfur dioxide, claim for preferential treatment. essential characteristics of, or create a new or commercially different good or other aqueous solutions, replacing (b) Applicable accounting principles. damaged packing materials and from, the good exported from the United When conducting a verification of origin States. containers, and removal of units of the to which Generally Accepted (b) Goods not eligible for treatment. good that are spoiled or damaged and Accounting Principles may be relevant, The duty-free treatment referred to in present a danger to the remaining units CBP will apply and accept the Generally paragraph (a) of this section will not of the good, or to transport the good to Accepted Accounting Principles apply to goods which, in their condition the territory of a Party. applicable in the country of production. as exported from the United States to (b) Documentary evidence. An Bahrain, are incomplete for their importer making a claim for preferential § 10.825 Issuance of negative origin intended use and for which the tariff treatment under an applicable TPL determinations. processing operation performed in may be required to demonstrate, to If, as a result of an origin verification Bahrain constitutes an operation that is CBP’s satisfaction, that the good was initiated under this subpart, CBP performed as a matter of course in the ‘‘imported directly’’ from the territory of preparation or manufacture of finished a Party into the territory of the other determines that a claim for preferential goods. Party, as that terms is defined in tariff treatment made under § 10.803 of this subpart should be denied, it will (c) Documentation. The provisions of paragraph (a) of this section. An paragraphs (a), (b), and (c) of § 10.8 of importer may demonstrate compliance issue a determination in writing or via an authorized electronic data this part, relating to the documentary with this section by submitting requirements for goods entered under documentary evidence. Such evidence interchange system to the importer that sets forth the following: subheading 9802.00.40 or 9802.00.50, may include, but is not limited to, bills HTSUS, will apply in connection with (a) A description of the good that was of lading, airway bills, packing lists, the entry of goods which are returned the subject of the verification together commercial invoices, receiving and from Bahrain after having been exported with the identifying numbers and dates inventory records, and customs entry for repairs or alterations and which are of the export and import documents and exit documents. claimed to be duty free. pertaining to the good; § 10.823 Effect of non-compliance; failure to provide documentation regarding (b) A statement setting forth the PART 24—CUSTOMS FINANCIAL AND transshipment of non-originating fabric or findings of fact made in connection with ACCOUNTING PROCEDURE apparel goods. the verification and upon which the I 4. The general authority citation for (a) General. If an importer of a good determination is based; and Part 24 and the specific authority for for which a TPL claim is made fails to (c) With specific reference to the rules § 24.23 continue to read as follows: comply with any applicable applicable to originating goods as set requirement under this subpart, the port forth in General Note 30, HTSUS, and Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c, director may deny preferential tariff 66, 1202 (General Note 3(i), Harmonized in §§ 10.809 through 10.817 of this Tariff Schedule of the United States) 1505, treatment to the imported good. subpart, the legal basis for the 1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. (b) Failure to provide documentation determination. 9701; Public Law. 107–296, 116 Stat. 2135 (6 regarding transshipment. Where the U.S.C. 1 et seq.). Penalties requirements for preferential tariff * * * * * treatment set forth elsewhere in this § 10.826 Violations relating to the BFTA. Section 24.23 also issued under 19 U.S.C. subpart are met, the port director 3332; nevertheless may deny preferential tariff All criminal, civil, or administrative * * * * * treatment to a good for which a TPL penalties which may be imposed on I 5. Section 24.23 is amended by adding claim is made if the good is shipped U.S. importers for violations of the a new paragraph (c)(8) to read as through or transshipped in a country customs and related laws and follows: other than a Party, and the importer of regulations will also apply to U.S. the good does not provide, at the request importers for violations of the laws and § 24.23 Fees for processing merchandise. of the port director, evidence regulations relating to the BFTA. * * * * *

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(c) * * * Authority: 5 U.S.C. 301; 19 U.S.C. 66, United States-Bahrain Free Trade (8) The ad valorem fee, surcharge, and 1592, 1593a, 1624. Agreement (BFTA), including a BFTA specific fees provided under paragraphs * * * * * importer’s declaration. (b)(1) and (b)(2)(i) of this section will I 9. Section 162.0 is amended by * * * * * not apply to goods that qualify as revising the last sentence to read as I 12. The Appendix to Part 163 is originating goods under § 202 of the follows: United States-Bahrain Free Trade amended by adding new listings under Agreement Implementation Act (see also § 162.0 Scope. section IV in numerical order to read as General Note 30, HTSUS) that are * * * Additional provisions follows: entered, or withdrawn from warehouse concerning records maintenance and Appendix to Part 163—Interim (a)(1)(A) for consumption, on or after August 1, examination applicable to U.S. List 2006. importers, exporters and producers * * * * * under the U.S.-Chile Free Trade * * * * * Agreement, the U.S.-Singapore Free IV. * * * PART 102—RULES OF ORIGIN Trade Agreement, the U.S.-Morocco Free Trade Agreement, and the U.S.- § 10.805 BFTA records that the importer I 6. The authority citation for Part 102 may have in support of a BFTA claim for Bahrain Free Trade Agreement are is revised to read as follows: preferential tariff treatment, including an contained in Part 10, Subparts H, I, M, importer’s declaration. Authority: 19 U.S.C. 66, 1202 (General and N of this chapter, respectively. Note 3(i), Harmonized Tariff Schedule of the § 10.820 BFTA TPL certificate of eligibility. United States), 1624, 3314, 3592. PART 163—RECORDKEEPING I 7. Section 102.0 is amended by § 10.821 BFTA TPL declaration. adding, after the second sentence, a new I 10. The authority citation for Part 163 * * * * * sentence to read as follows: continues to read as follows: § 102.0 Scope. Authority: 5 U.S.C. 301; 19 U.S.C. 66, PART 178—APPROVAL OF * * * The rules set forth in §§ 102.1 1484, 1508, 1509, 1510, 1624. INFORMATION COLLECTION through 102.21 of this Part will also I 11. Section 163.1(a)(2) is amended by REQUIREMENTS apply for purposes of determining redesignating paragraph (a)(2)(x) as whether an imported good is a new or paragraph (a)(2)(xi) and adding a new I 13. The authority citation for Part 178 different article of commerce under paragraph (a)(2)(x) to read as follows: continues to read as follows: § 10.809 of the United States-Bahrain § 163.1 Definitions. Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 Free Trade Agreement regulations. U.S.C. 3501 et seq. *** *** (a) Records—*** I 14. Section 178.2 is amended by PART 162—INSPECTION, SEARCH, (2) Activities * * * adding new listings ‘‘§§ 10.803,10.804, AND SEIZURE (x) The maintenance of any 10.818, and 10.821’’ to the table in documentation that the importer may numerical order to read as follows: I 8. The authority citation for Part 162 have in support of a claim for continues to read in part as follows: preferential tariff treatment under the § 178.2 Listing of OMB control numbers.

OMB control 19 CFR section Description No.

******* §§ 10.803,10.804,10.818, and 10.821 ...... Claim for preferential tariff treatment under the U.S.-Bahrain Free Trade 1651–0130 Agreement.

*******

* * * * * DEPARTMENT OF HOMELAND Chicago Harbor on October 15, 2007. SECURITY This action is necessary to protect W. Ralph Basham, vessels and people from the hazards Commissioner, U.S. Customs and Border Coast Guard associated with fireworks displays. This Protection. safety zone will temporarily restrict Approved: October 9, 2007. 33 CFR Part 165 vessel traffic from a portion of Chicago Harbor. Timothy E. Skud, [CGD09–07–123] Deputy Assistant Secretary of the Treasury. DATES: The regulations in 33 CFR [FR Doc. 07–5062 Filed 10–15–07; 8:45 am] RIN 1625–AA00 165.933 will be enforced from 8 p.m. to 10 p.m. on October 15, 2007. BILLING CODE 9111–14–P Safety Zone; Chicago Harbor, Navy FOR FURTHER INFORMATION CONTACT: Pier East, Chicago, IL CWO Brad Hinken, Prevention AGENCY: Coast Guard, DHS. Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747– ACTION: Notice of enforcement of regulation. 7154. SUPPLEMENTARY INFORMATION: The Coast SUMMARY: The Coast Guard will enforce Guard will enforce the Navy Pier East the Navy Pier East Safety Zone in Safety Zone in Chicago Harbor, Chicago,

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IL, in 33 CFR 165.933, for the Experian rulemaking on December 2, 2002, and particulate matter rules. On December 2, Event on October 15, 2007 from 8 p.m. on January 23, 2007, that proposed to 2002, at 67 FR 71515, EPA proposed to to 10 p.m. These regulations can be approve these rules. EPA received one approve many of these rules, including found in the June 13, 2007 issue of the adverse comment letter. EPA will honor provisions in Ohio Administrative Code Federal Register (72 FR 32524). the commenter’s recommendation to (OAC) 3745–17–07(C) relating to EVELs. All vessels must obtain permission fully codify the effects of this action, but (On August 9, 2005, at 70 FR 46127, from the Captain of the Port or his on- EPA does not agree that further notice EPA proposed to approve most of the scene representative to enter, move and opportunity for comment is remainder of the rules that Ohio had within or exit the safety zone. Vessels necessary. As a result of this action, submitted.) These provisions on EVELs and persons granted permission to enter previous State modifications to EVELs established procedures and criteria by the safety zone shall obey all lawful will become effective at the Federal which sources meeting applicable orders and directions of the Captain of level on November 15, 2007. Similarly, particulate mass emission limits but the Port or a designated representative. any future action by the State to unable to meet applicable opacity limits While within a safety zone, all vessels establish, modify, or rescind EVELs in could justify a visible emission limit shall operate at the minimum speed accordance with the criteria given in that is ‘‘equivalent’’ in stringency to the necessary to maintain a safe course. these Ohio rules, as approved, will mass emission limit. Ohio’s rules This notice is issued under authority become effective at the federal level provide further that EVELs established of 33 CFR 165.933 and 5 U.S.C. 552(a). immediately upon the effective date of according to the rules’ procedures and In addition to this notice in the Federal the State action. criteria immediately modify the Register, the Coast Guard will provide DATES: This final rule is effective on federally enforceable opacity limits the maritime community with advance November 15, 2007. without requirement for review as a notification of these enforcement ADDRESSES: EPA has established a revision to the State Implementation periods via broadcast Notice to Mariners docket for this action under Docket ID Plan (SIP). Most States’ rules provide no detailed and Local Notice to Mariners. No. EPA–R05–OAR–2005–OH–0005. All criteria for establishing EVELs. In these The Captain of the Port will issue a documents in the docket are listed on situations, EPA requires that any EVEL Broadcast Notice to Mariners notifying the www.regulations.gov web site. that the State wishes to adopt must be the public when enforcement of this Although listed in the index, some submitted to EPA for review, and the safety zone is suspended. The Captain information is not publicly available, EVEL does not alter the federally of the Port may be contacted via U.S. i.e., Confidential Business Information enforceable opacity limits unless and Coast Guard Sector Detroit on channel (CBI) or other information whose 16, VHF–FM. until EPA approves the EVEL. disclosure is restricted by statute. Ohio sought to apply a different Dated: September 24, 2007. Certain other material, such as process for establishing, modifying, and Bruce C. Jones, copyrighted material, is not placed on rescinding EVELs. Ohio adopted Captain, U.S. Coast Guard, Captain of the the Internet and will be publicly detailed procedures and criteria by Port Lake Michigan. available only in hard copy form. which it would determine whether and [FR Doc. E7–20309 Filed 10–15–07; 8:45 am] Publicly available docket materials are at what level it would establish EVELs. available either electronically through BILLING CODE 4910–15–P EPA proposed to find that those www.regulations.gov or in hard copy at procedures and criteria are appropriate the Environmental Protection Agency, and replicable, i.e., that an EPA review Region 5, Air and Radiation Division, 77 ENVIRONMENTAL PROTECTION of appropriate opacity limits for West Jackson Boulevard, Chicago, AGENCY particular facilities would follow the Illinois 60604. This facility is open from same procedures and criteria and would 40 CFR Part 52 8:30 a.m. to 4:30 p.m., Monday through reach the same conclusion as Ohio. Friday, excluding Federal holidays. We Under these circumstances, EPA [EPA–RO5–OAR–2005–OH–0005; FRL– recommend that you telephone John 8464–6] proposed to find federal review of the Summerhays, Environmental Scientist, actions that Ohio takes to establish, at (312) 886–6067 before visiting the Approval and Promulgation of modify, or rescind EVELs to be Region 5 office. Implementation Plans; Ohio Particulate unnecessary. As a result, EPA proposed Matter FOR FURTHER INFORMATION CONTACT: John in effect to delegate responsibility to Summerhays, Environmental Scientist, Ohio for managing the subset of EVELs AGENCY: Environmental Protection Criteria Pollutant Section, Air Programs within the set of federally enforceable Agency (EPA). Branch (AR–18J), Environmental opacity limits for sources in Ohio. ACTION: Final rule. Protection Agency, Region 5, 77 West EPA approved most of the Ohio rules Jackson Boulevard, Chicago, Illinois on November 8, 2006, at 71 FR 65417. SUMMARY: EPA is granting final approval 60604, (312) 886–6067, However, EPA did not approve Ohio’s of Ohio rules concerning equivalent [email protected]. rules regarding EVELs in that visible emission limits (EVELs), i.e., SUPPLEMENTARY INFORMATION: This rulemaking. Instead, on January 23, alternate opacity limits that may be supplementary information section is 2007, at 72 FR 2823, EPA re-proposed established for stack sources that meet arranged as follows: action on the rules regarding EVELs. mass emission limits but cannot meet EPA published this re-proposal for standard opacity limits. Ohio’s rules I. What did EPA Propose? purposes of clarifying and soliciting provide criteria for establishment of II. What Is EPA’s Response to Comments? III. What Action Is EPA Taking Today? comments on the treatment of historic EVELs, and the rules provide that IV. What Statutory and Executive Orders EVELs that were previously approved EVELs established according to these Apply? into the State Implementation Plan criteria take effect without formal (SIP). review by EPA. Ohio submitted these I. What Did EPA Propose? Under the approach that EPA rules on July 18, 2000, and EPA On July 18, 2000, Ohio submitted and proposed to approve, Ohio may take published notices of proposed requested approval of numerous several actions on EVELs. Ohio may

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rescind a previously established EVEL, II. What Is EPA’s Response to Since OAC 3745–17–07(C) does not thereby reestablishing applicability of Comments? differentiate between EVELs that have Ohio’s general opacity limits. Ohio may EPA received one comment letter been approved into the SIP and EVELs modify a previously established EVEL. regarding the proposed rule, comments that have not, EPA does not have the Ohio may establish a new EVEL. In each submitted by Katerina Milenkovski of authority to rulemake in this manner. case, Ohio is to examine opacity values Porter Wright Morris & Arthur on behalf (As discussed below, EPA also believes during qualifying stack tests showing of FirstEnergy. EPA approved an EVEL that such a rulemaking would not be compliance with mass emission limits, for FirstEnergy’s Bay Shore facility near warranted.) The central question EPA faced is and then Ohio is to establish the Toledo, codified at 40 CFR when to change federally enforceable indicated opacity limits that may or may 52.1870(c)(58), approved on November opacity limits once Ohio finds that not reflect an EVEL, as appropriate. 2, 1983 at 48 FR 50530. FirstEnergy revisions to opacity limits under OAC objects on procedural grounds to EPA’s The key question addressed in EPA’s 3745–17–07(C) are warranted. notice of re-proposed rulemaking was proposal to rescind EVELs such as this, Previously, in the absence of specific the timing by which EVEL actions taken and FirstEnergy objects to EPA’s procedures and criteria that can be by Ohio come into effect at the federal proposal to eliminate existing EVELs expected to yield appropriate and level. For future actions, EPA proposed such as the EVEL for its Bay Shore replicable limits, EPA had required that that the federally enforceable limit facility without explicitly codifying the federally enforceable limits not change change for each affected facility. The would reflect the opacity limits adopted without EPA review following SIP following discussion describes by the State (with or without an EVEL) review procedures. Now that Ohio has FirstEnergy’s comments in more detail at the same time that Ohio establishes incorporated appropriate procedures and provides EPA’s evaluation of and the limits. For past actions altering and criteria into OAC 3745–17–07(C), response to the comments. EPA believes that opacity limit revisions opacity limits, EPA proposed that the Comment: FirstEnergy describes State’s actions would alter the federally that Ohio finds warranted should take EPA’s proposed action as having ‘‘two effect at the Federal level as well, enforceable opacity limits upon the parts-one prospective and one effective date of final federal rulemaking without further EPA review. retroactive. FirstEnergy has no objection Specifically, EPA believes that future on the EVEL rules. That is, EPA to the prospective portion of the proposed that, starting on the effective Ohio actions on EVELs should take proposal which provides that, once effect simultaneously at the State and date of EPA’s final rulemaking on OAC EPA’s proposed approval of OAC 3745– Federal levels, and that past Ohio 3745–17–07(C), the federally 17–07(C) is final, any EVELs issued actions should take effect at the Federal enforceable opacity limits shall exactly pursuant to it will be automatically level as soon as final EPA action (being match the opacity limits in place in federally enforceable and will not taken here) becomes effective (i.e., Ohio at any given time, including only require separate federal review. November 15, 2007). those EVELs that Ohio has in place However, FirstEnergy objects to EPA’s Comment: FirstEnergy objects to pursuant to OAC 3745–17–07(C). proposal to eliminate all other EVELs- EPA’s proposal ‘‘to delete EVELs that EPA’s notice of re-proposed some identified and some not-that have are currently part of the SIP without rulemaking specifically addressed been historically approved by EPA in identifying those EVELs or the facilities situations in which EPA had previously the Ohio SIP.’’ in question, and without providing a approved EVELs into the SIP. EPA Response: In fact, OAC 3745–17– rationale or explanation for doing so.’’ proposed to rescind the previously 07(C) does not have separable Response: FirstEnergy appears to issued EVELs (to the extent that they are provisions for ‘‘prospective’’ versus misunderstand the nature of EPA’s ‘‘retroactive’’ revisions to opacity limits. still effective at the Federal level), proposed action and the rationale that OAC 3745–17–07(C) provides thereby providing clarity that the EPA provided for this proposed action. procedures and criteria for determining applicable federally enforceable opacity Ohio requested that EPA approve a rule whether an EVEL is warranted and if so limit for any source is the currently that would change the process by which at what level. The procedures and EVELs are established, modified, and effective limit that Ohio has established criteria in OAC 3745–17–07(C) provide rescinded. The new process would pursuant to OAC 3745–17–07(C) and for periodic review of opacity limits require that Ohio review opacity values not the previously SIP-approved limit. without regard to whether an EVEL was and set opacity limits according to EPA proposed that the limits in these issued in the past or whether an EVEL specified criteria and would remove the EVELs (to the extent they remain in was approved into the SIP. Once Ohio current requirement for EPA to conduct effect) would remain in effect if and makes its determination regarding the formal SIP review of the opacity limits only if the limits remained in effect at justification for and level of any EVEL, that Ohio sets. EPA’s proposed the State level. EPA proposed that if and once Ohio establishes the warranted rulemaking thus evaluated the revised Ohio has established changed limits opacity limits (with or without an process and provided EPA’s rationale pursuant to OAC 3745–17–07(C), the EVEL), OAC 3745–17–07(C) provides for its belief that the revised process limits applicable to the affected sources that these opacity limits become the assures that Ohio will set appropriate would be changed (the EVEL either federally enforceable opacity limits opacity limits without the need for rescinded or modified) as of the without EPA SIP review. formal EPA review of Ohio’s actions. effective date of EPA’s final rulemaking FirstEnergy does not specify a EPA’s proposed rulemaking did not on Ohio’s rules. Similarly, any future recommended EPA rulemaking action. address the merits of particular opacity State change in opacity limits for these Nevertheless, FirstEnergy’s comment limits at particular facilities. Indeed, sources pursuant to OAC 3745–17–07(C) implies a recommendation that EPA Ohio has requested that EPA approve a would also yield an immediate approve OAC 3745–17–07(C) for one set process in which formal EPA review of corresponding change in the federally of circumstances (facilities with no SIP- the merits of particular opacity limits at enforceable opacity limit, again without approved EVEL) and disapprove the particular facilities is no longer regard to the previous approval of an rule for another set of circumstances necessary. The acceptability of Ohio’s EVEL into the SIP. (facilities with a SIP-approved EVEL). requested process is a function of the

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adequacy of the criteria to establish a statement of basis and purpose SIP and consulted with Ohio, and EPA replicable set of limits, the adequacy of described in section 307(d)(3). As is providing the requested information the criteria to establish limits that are discussed above, Ohio requested that here. reliably consistent with EPA policy on EPA approve a revised process for FirstEnergy is correct that EPA took EVELs, and the adequacy of the process setting opacity limits. The merits of action in 1983 that approved an EVEL to meet procedural requirements. The Ohio’s request process are independent for the Toledo Bay Shore facility, acceptability of Ohio’s requested of the merits of particular opacity limits although this EVEL may have expired process is not a function of what at particular facilities, and EPA under the terms of the approved permit. particular opacity limits are appropriate reviewed Ohio’s request accordingly. The codification of this action did not at particular facilities. Therefore, the basis and purpose that explicitly note that the approved As a point of clarification, elimination EPA specified for its proposed action by provisions included an EVEL. EPA of EVELs from the SIP does not necessity did not address particular believes that this facility is the only necessarily mean that the relevant conditions at particular facilities, and facility in Ohio for which EPA approved facilities are no longer subject to EVELs. EPA had no need to identify the affected an EVEL without explicitly noting the If Ohio has retained an EVEL or re- facilities in order to approve the EVEL in the Code of Federal established an EVEL identical to the process. Regulations. The current Title V permit EVEL in the SIP, then no changes in EPA believes that it has provided the for this facility includes no EVEL, opacity limits would apply to such basis and purpose of its proposed action indicating that Ohio has concluded in facility. EPA is accepting Ohio’s with sufficient particularity for accordance with OAC 3745–17–07(C) determinations as to whether and at interested parties to comment that an EVEL is no longer warranted for what level any EVEL is warranted for meaningfully. The notice of proposed this facility. The facility is instead any particular source, and EPA is rulemaking that EPA published on subject at the state level to general eliminating EVELs in the SIP to avoid December 2, 2002 provides much of the opacity limits (20 percent opacity with confusion and to assure that the opacity rationale for concluding that OAC 3745– exemptions), and today’s action will limits set by the State (with or without 17–07(C) provides appropriate ensure that federally enforceable opacity an EVEL) unambiguously represent the procedures and criteria for Ohio to take limits match the state limits. That is, federally enforceable opacity limits. action on EVELs without further EPA regardless of whether the 29 percent For this rulemaking, as for many review. The notice of proposed opacity limits that EPA approved in rulemakings, EPA need not identify the rulemaking published on January 23, 1983 (implicitly codified at 40 CFR affected facilities to explain the basis for 2007 supplements the earlier notice by 52.1870(c)(58)) have expired, today’s its action. An illustrative example here clarifying the timing by which EVELs action clarifies that the general opacity is the rulemaking on the other rules that adopted by Ohio would take effect at a limits now apply, effective on Ohio submitted along with OAC 3745– federal level. November 15, 2007. 17–07(C). (See the final rule on FirstEnergy misinterprets the type of Other facilities for which EPA November 8, 2006, at 71 FR 65417, and information that EPA must provide in approved EVELs are those facilities the proposed rules on December 2, its proposed rulemaking. In this explicitly identified in either paragraph 2002, and August 9, 2005, at 67 FR rulemaking, the ‘‘data’’ underlying (c)(62) or paragraph (c)(65) of 40 CFR 71515 and 70 FR 46127, respectively.) EPA’s proposed rulemaking are 52.1870. According to Ohio, four of For example, part of that rulemaking procedural and programmatic data such these facilities—Corning Glass, Chardon addressed storage pile opacity limits at as the criteria that Ohio would use and Rubber, Springview Center, and several Ohio utility plants. EPA the related provisions of Ohio’s rule and Packaging Corporation of America addressed these limits on the basis of the criteria that are stated in EPA (subsequently called Caraustar general properties of storage piles, not policies. The ‘‘methodology’’ used in Industries)—have shut down, so today’s on the properties of specific facilities. obtaining and analyzing these action to have federal opacity limits Therefore, EPA did not identify the procedural and programmatic data match state limits will have no effect on facilities affected by this rulemaking, involved a comparison of the Ohio them. For one facility—a Denman Tire and EPA had no need to identify these criteria against the criteria stated in EPA Corporation facility—Ohio has facilities. policies and a review of whether EPA concluded that the EVEL approved into Comment: FirstEnergy believes that had sufficient assurances that Ohio’s the SIP remains warranted. For this EPA failed to provide proper notice and process would yield appropriate opacity facility, strictly speaking, EPA is opportunity for comment on this limits to be justified in finding formal implementing Ohio’s approved EVEL revision. FirstEnergy comments that SIP review of such opacity limits to be process by rescinding the old permit EPA was proposing ‘‘a SIP revision, unnecessary. The policy considerations approved into the SIP (which may have governed by Section 307(d) of the Clean involve various features of EPA’s policy expired under its terms) but effectively Air Act, which requires that EPA’s on EVELs and the desirability of re-establishing the identical limit as part Federal Register notice ‘shall be periodic review of EVELs, and the legal of a newer permit issued by Ohio. accompanied by a statement of its basis interpretations involve statutory Today’s action therefore has the effect of and purpose,’ which shall include a provisions regarding the processing of clarifying that the EVEL limits approved summary of—(A) the factual data on revisions to SIPs. EPA believes that its into the SIP for the Denman Tire facility which the proposed rule is based; (B) proposed rulemaking provided all the are currently in effect. the methodology used in obtaining the necessary information of these types to Ohio also provided information data an in analyzing the data; and (C) offer the public an adequate opportunity regarding other EVELs that would the major legal interpretations and for meaningful comment on EPA’s become the federally enforceable policy considerations underlying the proposed action. opacity limits by virtue of today’s proposed rule.’’ Nevertheless, EPA views FirstEnergy’s action. Ohio identified four facilities for Response: Even though EPA believes comments as requesting that EPA which Ohio issued EVELs that are no that section 307(d) of the Clean Air Act identify the affected facilities and the longer in effect. (Ohio rescinded the is not applicable to this SIP action, EPA effect of this action that EPA anticipates EVELs for three facilities and the fourth for this action has provided the for each facility. EPA has reviewed the facility shut down.) Ohio concluded

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that no facilities other than Denman increase or a decrease in opacity limits made and will make. EPA is approving Tire Corporation’s facility presently is warranted; in either case, due to the this rule. have an EVEL issued by the State. Thus, adequacy of the process being approved, Comment: FirstEnergy further objects EPA believes that FirstEnergy’s Bay EPA believes that the opacity limits that to EPA’s proposal to discontinue EVELs Shore facility is the only active facility are shown to be warranted according to without explicitly modifying the text in for which a SIP-approved EVEL is the procedures and criteria of OAC the Code of Federal Regulations that clarified to be not in effect as a result 3745–17–07(C) need not be reviewed by identifies the EVELs as part of the SIP. of today’s action, and Denman Tire EPA as SIP revisions. A footnote to this comment identifies Corporation will have the only federally The periodic review of opacity limits FirstEnergy’s Bay Shore facility as enforceable EVEL (matching the level of is an important feature of Ohio’s rule. having an EVEL that ‘‘would be the EVEL approved in 1985) at the Facilities can achieve varying opacity eliminated upon finalization of the effective date of this rulemaking. levels as control technology improves proposed action but would still be Under the process submitted by Ohio, and as plant conditions change with reflected in the Ohio SIP.’’ In the merits of alternative opacity limits time. EVELs often remain in the SIP FirstEnergy’s view, with this approach, are evaluated by the State as it longer than they are warranted, and the Code of Federal Regulations ‘‘would contemplates issuance of a permit or Ohio’s rule offers a procedure that no longer accurately reflect the contents administrative order that would specify facilitates periodic review to assure that of the Ohio SIP and the SIP would be applicable opacity limits. In the case of opacity limits remain appropriate for more confusing than ever.’’ FirstEnergy FirstEnergy’s Bay Shore plant, Ohio current conditions. Indeed, this periodic concludes that if ‘‘EPA is to eliminate issued a preliminary proposed permit review was an important advantage of EVELs as part of this rulemaking, EPA on February 19, 2004, that proposed to OAC 3745–17–07(C) factoring into needs to identify those EVELs in its subject this facility to general opacity EPA’s decision to approve this rule. proposed rulemaking with specificity limits (i.e., limits that reflect no EVEL). FirstEnergy seems to wish that an and, if the proposal is finalized, EPA FirstEnergy had the opportunity to EVEL that EPA found warranted under needs to modify the text of the CFR comment at that time on whether an conditions that applied over 20 years accordingly.’’ EVEL was warranted at this facility. ago would be more difficult to rescind Response: Upon review, EPA agrees to Ohio considered comments it received than an EVEL that Ohio might currently honor the commenter’s recommendation and issued a final permit, again establish. In particular, FirstEnergy that EPA modify the CFR for all EVELs applying general opacity limits, on wishes for EPA to disallow rescission of that are currently in the SIP. To help November 19, 2004. This case illustrates EVELs that have been approved into the implement the process being approved the fact that the process requested by SIP unless the rescission undergoes full today, a process that provides that a Ohio provides suitable opportunity for SIP review. source shall be subject to a federally comment on the merits of particular EPA does not agree with FirstEnergy’s enforceable EVEL if and only if Ohio opacity limits at particular facilities recommendation. EPA believes that has established a currently effective during the State process for issuing Ohio’s rule is appropriately designed EVEL pursuant to OAC 3745–17–07(C), opacity limits. with appropriate procedures regardless EPA is modifying the text of the CFR to FirstEnergy evidently had adequate of whether or not an affected facility has remove EVELs that are explicitly or notice of EPA’s proposed action, insofar a previously SIP-approved EVEL. Ohio’s implicitly identified as part of the SIP. as a law firm submitted comments on its rule provides for a review based on As proposed, EPA will rescind from the behalf. FirstEnergy’s Bay Shore facility current conditions at each facility, with SIP paragraphs (c)(62) and (c)(65) of 40 is the only operating facility with an Ohio establishing opacity limits that are CFR 52.1870, which currently name the SIP-approved EVEL that clearly has no currently appropriate without regard to only EVELs explicitly identified in the EVEL following today’s action. This whether different opacity limits may SIP. EPA will also amend the language provides further evidence that EPA have been appropriate in the past. In of 40 CFR 52.1870(c)(58) to clarify that provided adequate notice and cases like FirstEnergy’s Bay Shore the EVELs that were included in the opportunity for comment on the facility, where Ohio has determined that permit that EPA approved for proposed rulemaking. no EVEL is currently warranted, EPA FirstEnergy’s Bay Shore facility are no Comment: FirstEnergy believes that believes that this change in opacity longer part of the SIP. EPA believes that ‘‘elimination of [EVELs established limits should reflect the same process the SIP includes no other EVELs, so no through SIP approval] should be subject (involving immediate effectiveness) as other amendments to existing SIP to the same process and the same applies to any other Ohio EVEL review. language are necessary. At the effective scrutiny as their initial adoption.’’ Comment: FirstEnergy believes that date of this rulemaking, the Denman FirstEnergy notes that the past ‘‘EPA must * * * provide an Tire Corporation facility will be subject rulemaking that approved these EVELs explanation of [the basis for finding] the to an EVEL by virtue of an EVEL being provided a review of the basis and current SIP ‘substantially inadequate,’ specified in the facility’s Title V permit, justification for approving these specific pursuant to Section 110(a)(2)(H)(ii) of and no other facilities will be subject to EVELs. FirstEnergy states that ‘‘EPA the Clean Air Act. EPA must also follow an EVEL. must, at a minimum, provide an the statutorily prescribed procedures for explanation of the change in facts and/ correcting substantially inadequate III. What Action Is EPA Taking Today? or change in law’’ that warrants SIPs.’’ EPA is approving OAC 3745–17–07(C) changing the SIP by eliminating these Response: This rulemaking reflects no as submitted by Ohio on July 18, 2000. EVELs. (FirstEnergy believes that EPA finding of the current SIP to be Under the procedures of this rule, a has found the SIP ‘‘substantially ‘‘substantially inadequate.’’ Ohio has facility shall be subject to a federally inadequate’’; this comment is addressed requested that EPA approve a rule that enforceable EVEL if and only if the separately below.) would change the process for taking facility is subject to an EVEL that Ohio Response: Under OAC 3745–17– actions on EVELs in Ohio and that has established pursuant to OAC 3745– 07(C), Ohio is to conduct a periodic would alter the federally enforceable 17–07(C). To implement this procedure, review of opacity limits of Ohio sources. opacity limits according to and to avoid potential for confusion The review may suggest that either an determinations on EVELs that Ohio has regarding previously approved EVELs,

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EPA is removing the previously Executive Order 13175: Consultation Congressional Review Act approved EVELs from the SIP. Hereafter, and Coordination With Indian Tribal The Congressional Review Act, 5 EPA intends that federally enforceable Governments U.S.C. 801 et seq., as added by the Small EVELs will not be codified in the Code This rule also does not have tribal Business Regulatory Enforcement of Federal Regulations as part of the SIP implications because it will not have a Fairness Act of 1996, generally provides but will instead be reflected only in the substantial direct effect on one or more that before a rule may take effect, the permit or other document that Ohio Indian tribes, on the relationship agency promulgating the rule must uses to establish the EVEL. Therefore, between the Federal Government and submit a rule report, which includes a EPA is rescinding paragraphs (c)(62) Indian tribes, or on the distribution of copy of the rule, to each House of the and (c)(65) of 40 CFR 52.1870 and is power and responsibilities between the Congress and to the Comptroller General adding language to 40 CFR Federal Government and Indian tribes, of the United States. EPA will submit a 52.1870(c)(58) clarifying that the EVEL as specified by Executive Order 13175 report containing this rule and other for FirstEnergy’s Bay Shore facility is no (65 FR 67249, November 9, 2000). required information to the U.S. Senate, longer part of the SIP. These revisions the U.S. House of Representatives, and will help clarify that the federally Executive Order 13132: Federalism the Comptroller General of the United enforceable opacity limits for a facility This action also does not have States prior to publication of the rule in shall reflect only those EVELs that have Federalism implications because it does the Federal Register. A major rule been established by Ohio and are not have substantial direct effects on the cannot take effect until 60 days after it currently in effect in accordance with states, on the relationship between the is published in the Federal Register. OAC 3745–17–07(C). national government and the states, or This action is not a ‘‘major rule’’ as IV. What Statutory and Executive on the distribution of power and defined by 5 U.S.C. 804(2). Orders Apply? responsibilities among the various Under Section 307(b)(1) of the Clean levels of government, as specified in Air Act, petitions for judicial review of Executive Order 12866: Regulatory Executive Order 13132 (64 FR 43255, this action must be filed in the United Planning and Review August 10, 1999). This action merely States Court of Appeals for the approves a state rule implementing a appropriate circuit by December 17, Under Executive Order 12866 (58 FR 2007. Filing a petition for 51735, October 4, 1993), this action is federal standard, and does not alter the relationship or the distribution of power reconsideration by the Administrator of not a ‘‘significant regulatory action’’ and this final rule does not affect the finality therefore is not subject to review by the and responsibilities established in the Clean Air Act. of this rule for the purposes of judicial Office of Management and Budget. review nor does it extend the time Executive Order 13211: Actions Executive Order 13045: Protection of within which a petition for judicial Concerning Regulations That Children From Environmental Health review may be filed, and shall not Significantly Affect Energy Supply, and Safety Risks postpone the effectiveness of such rule Distribution, or Use This rule also is not subject to or action. This action may not be Executive Order 13045 ‘‘Protection of challenged later in proceedings to Because it is not a ‘‘significant Children from Environmental Health enforce its requirements. (See Section regulatory action’’ under Executive Risks and Safety Risks’’ (62 FR 19885, 307(b)(2).) Order 12866 or a ‘‘significant regulatory April 23, 1997), because it approves a action,’’ this action is also not subject to List of Subjects in 40 CFR Part 52 state rule implementing a Federal Executive Order 13211, ‘‘Actions Environmental protection, Air Standard. Concerning Regulations That pollution control, Incorporation by Significantly Affect Energy Supply, National Technology Transfer reference, Intergovernmental relations, Distribution, or Use’’ (66 FR 28355, May Advancement Act Particulate matter. 22, 2001). In reviewing SIP submissions, EPA’s Dated: August 24, 2007. Regulatory Flexibility Act role is to approve state choices, Richard C Karl, provided that they meet the criteria of Acting Regional Administrator, Region 5. This action merely approves state law the Clean Air Act. In this context, in the I For the reasons stated in the preamble, as meeting federal requirements and absence of a prior existing requirement part 52, chapter I, title 40 of the Code imposes no additional requirements for the state to use voluntary consensus of Federal Regulations is amended as beyond those imposed by state law. standards (VCS), EPA has no authority follows: Accordingly, the Administrator certifies to disapprove a SIP submission for that this rule will not have a significant failure to use VCS. It would thus be PART 52—[AMENDED] economic impact on a substantial inconsistent with applicable law for I number of small entities under the EPA, when it reviews a SIP submission, 1. The authority citation for part 52 Regulatory Flexibility Act (5 U.S.C. 601 to use VCS in place of a SIP submission continues to read as follows: et seq.). that otherwise satisfies the provisions of Authority: 42 U.S.C. 7401 et seq. Unfunded Mandates Reform Act the Clean Air Act. Thus, the requirements of section 12(d) of the Subpart KK—Ohio Because this rule approves pre- National Technology Transfer and I 2. Section 52.1870 is amended as existing requirements under state law Advancement Act of 1995 (15 U.S.C. follows: and does not impose any additional 272 note) do not apply. I a. By removing and reserving enforceable duty beyond that required Paperwork Reduction Act paragraphs (c)(62) and (c)(65). by state law, it does not contain any I b. By revising paragraphs (c)(58) and unfunded mandate or significantly or This rule does not impose an (c)(134) to read as follows: uniquely affect small governments, as information collection burden under the described in the Unfunded Mandates provisions of the Paperwork Reduction § 52.1870 Identification of plan. Reform Act of 1995 (Pub. L. 104–4). Act of 1995 (44 U.S.C. 3501 et seq.). * * * * *

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(c) * * * (C) Engineering Guide #13, as revised establishes State budgets for SO2 and (58) On July 14, 1982, the State by Ohio EPA, Division of Air Pollution NOX and requires States to submit SIP submitted revisions to its State Control, on June 20, 1997. revisions that implement these budgets Implementation Plan for TSP and SO2 (D) Engineering Guide #15, as revised in States that EPA concluded did for Toledo Edison Company’s Bay Shore by Ohio EPA, Division of Air Pollution contribute to nonattainment in Station in Lucas County, Ohio, except Control, on June 20, 1997. downwind states. States have the that the equivalent visible emission (ii) Additional material. flexibility to choose which control limitations in this submittal are no (A) Letter from Robert Hodanbosi, measures to adopt to achieve the longer in effect. Chief of Ohio EPA’s Division of Air budgets, including participating in the Pollution Control, to EPA, dated * * * * * EPA-administered cap-and-trade February 12, 2003. programs. In the SIP revision that EPA (134) On July 18, 2000, the Ohio (B) Telefax from Tom Kalman, Ohio is approving, Illinois meets CAIR Environmental Protection Agency EPA, to EPA, dated January 7, 2004, requirements by participating in the submitted revised rules for particulate providing supplemental documentation EPA-administered cap-and-trade matter. Ohio adopted these revisions to of emissions estimates for Ford’s programs addressing SO , NO annual, address State-level appeals by various 2 X Cleveland Casting Plant. and NOX ozone season emissions. industry groups of rules that the State (C) Memorandum from Tom Kalman, DATES: This direct final rule will be adopted in 1995 that EPA approved in Ohio EPA to EPA, dated February 1, effective December 17, 2007, unless EPA 1996. The revisions provide 2005, providing further supplemental receives adverse comments by reformulated limitations on fugitive documentation of emission estimates. November 15, 2007. If adverse emissions from storage piles and plant (D) E-mail from Bill Spires, Ohio EPA comments are received, EPA will roadways, selected revisions to emission to EPA, dated April 21, 2005, providing publish a timely withdrawal of the limits in the Cleveland area, provisions further modeling analyses. for Ohio to follow specified criteria to direct final rule in the Federal Register * * * * * informing the public that the rule will issue replicable equivalent visible [FR Doc. E7–20253 Filed 10–15–07; 8:45 am] emission limits, the correction of limits not take effect. BILLING CODE 6560–50–P for stationary combustion engines, and ADDRESSES: Submit your comments, requirements for continuous emissions identified by Docket ID No. EPA–R05– OAR–2007–0376, by one of the monitoring as mandated by 40 CFR part ENVIRONMENTAL PROTECTION following methods: 51, Appendix P. The State’s submittal AGENCY also included modeling to demonstrate 1. http://www.regulations.gov: Follow that the revised Cleveland area emission 40 CFR Part 52 the on-line instructions for submitting limits continue to provide for comments. [EPA–R05–OAR–2007–0376; FRL–8477–4] 2. E-mail: [email protected]. attainment of the PM10 standards. EPA is disapproving two paragraphs that 3. Fax: (312) 886–5824. Approval of Implementation Plans of 4. Mail: ‘‘EPA–R05–OAR–2007– would allow revision of limits Illinois: Clean Air Interstate Rule applicable to Ford Motor Company’s 0376’’, John M. Mooney, Chief, Criteria Cleveland Casting Plant through permit AGENCY: Environmental Protection Pollutant Section, Air Programs Branch revisions without the full EPA review Agency (EPA). (AR–18J), U.S. Environmental provided in the Clean Air Act. ACTION: Direct final rule. Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. (i) Incorporation by reference. SUMMARY: EPA is approving a revision to 5. Hand Delivery or Courier: John M. (A) The following rules in Ohio the Illinois State Implementation Plan Mooney, Chief, Criteria Pollutant Administrative Code Chapter 3745–17 (SIP) submitted on September 14, 2007. Section, Air Programs Branch (AR–18J), as effective January 31, 1998: Rule OAC This revision addresses the U.S. Environmental Protection Agency, 3745–17–01, entitled Definitions, Rule requirements of EPA’s Clean Air 77 West Jackson Boulevard, Chicago, OAC 3745–17–03, entitled Measurement Interstate Rule (CAIR), promulgated on Illinois 60604. Such deliveries are only methods and procedures, Rule OAC May 12, 2005, and subsequently revised accepted during the Regional Office’s 3745–17–04, entitled Compliance time on April 28, 2006, and December 13, normal hours of operation. The Regional schedules, Rule OAC 3745–17–07, 2006. EPA is determining that the SIP Office’s official hours of business are entitled Control of visible particulate revision fully meets the CAIR Monday through Friday, 8:30 to 4:30, emissions from stationary sources, Rule requirements for Illinois. Therefore, as a excluding federal holidays. OAC 3745–17–08, entitled Restriction of consequence of the SIP approval, EPA Instructions: Direct your comments to emission of fugitive dust, Rule OAC will also withdraw the CAIR Federal Docket ID No. EPA–R05–OAR–2007– 3745–17–11, entitled Restrictions on Implementation Plans (CAIR FIPs) 0376. EPA’s policy is that all comments particulate emissions from industrial concerning sulfur dioxide (SO2), received will be included in the public processes, Rule OAC 3745–17–13, nitrogen oxides (NOX) annual, and NOX docket without change and may be entitled Additional restrictions on ozone season emissions for Illinois. The made available online at http:// particulate emissions from specific air CAIR FIPs for all States in the CAIR www.regulations.gov, including any contaminant sources in Jefferson region were promulgated on April 28, personal information provided, unless county, and OAC 3745–17–14, entitled 2006 and subsequently revised on the comment includes information Contingency plan requirements for December 13, 2006. claimed to be Confidential Business Cuyahoga and Jefferson counties. CAIR requires States to reduce Information (CBI) or other information (B) Rule OAC 3745–17–12, entitled emissions of SO2 and NOX that whose disclosure is restricted by statute. Additional restrictions on particulate significantly contribute to, and interfere Do not submit through http:// emissions from specific air contaminant with maintenance of, the national www.regulations.gov or e-mail, sources in Cuyahoga county, as effective ambient air quality standards (NAAQS) information that you consider to be CBI on January 31, 1998, except for for fine particulates (PM2.5) and/or or otherwise protected. The http:// paragraphs (I)(50) and (I)(51). ozone in any downwind state. CAIR www.regulations.gov website is an

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‘‘anonymous access’’ system, which IV. What are the Types of CAIR SIP formation. For jurisdictions that means EPA will not know your identity Submittals? contribute significantly to downwind V. Description of Illinois’ CAIR SIP Submittal or contact information unless you PM2.5 nonattainment, CAIR sets annual provide it in the body of your comment. A. The Background of Illinois’ Submittal State-wide emission reduction If you send an e-mail comment directly B. Summary of Illinois’ Rules requirements (i.e., budgets) for SO and VI. Analysis of Illinois’ CAIR SIP Submittal 2 to EPA without going through http:// A. State Budgets for Allowance Allocations annual State-wide emission reduction www.regulations.gov, your e-mail B. CAIR Cap-and-Trade Programs requirements for NOX. Similarly, for address will be automatically captured C. Applicability Provisions for non-EGU jurisdictions that contribute and included as part of the comment NOX SIP Call Sources significantly to 8-hour ozone that is placed in the public docket and D. NOX Allowance Allocations nonattainment, CAIR sets State-wide made available on the Internet. If you E. Allocation of NOX Allowances From emission reduction requirements for submit an electronic comment, EPA Compliance Supplement Pool NOX for the ozone season (May 1st to recommends that you include your F. Individual Opt-in Units September 30th). Under CAIR, States name and other contact information in VII. EPA Actions may implement these reduction the body of your comment and with any VIII. Statutory and Executive Order Reviews requirements by participating in the disk or CD–ROM you submit. If EPA I. What Actions Is EPA Taking? EPA-administered cap-and-trade cannot read your comment due to programs or by adopting any other EPA is approving a revision to the technical difficulties and cannot contact control measures. Illinois SIP, submitted in final form on you for clarification, EPA may not be CAIR explains to subject States what September 14, 2007, reflecting rules able to consider your comment. must be included in SIPs to address the adopted by Illinois on August 23, 2007. Electronic files should avoid the use of requirements of section 110(a)(2)(D) of In its SIP revision, Illinois meets CAIR special characters and any form of the Clean Air Act (CAA) with regard to requirements by requiring certain encryption and should be free of any interstate transport with respect to the electric generating units (EGUs) to defects or viruses. For additional 8-hour ozone and PM2.5 NAAQS. EPA participate in the EPA-administered information about EPA’s public docket made national findings, effective on State CAIR cap-and-trade programs visit the EPA Docket Center homepage May 25, 2005, that the States had failed addressing SO , NO annual, and NO at http://www.epa.gov/epahome/ 2 X X to submit SIPs meeting the requirements ozone season emissions. EPA has dockets.htm. of section 110(a)(2)(D). The SIPs were Docket: All documents in the determined that the SIP meets the due in July 2000, 3 years after the electronic docket are listed in the http:// applicable requirements of CAIR. As a promulgation of the 8-hour ozone and consequence of the SIP approval, the www.regulations.gov index. Although PM2.5 NAAQS. These findings started a listed in the index, some information is Administrator of EPA will also issue a 2-year clock for EPA to promulgate a FIP not publicly available, i.e., CBI or other final rule to withdraw the FIPs to address the requirements of section information whose disclosure is concerning SO2, NOX annual, and NOX 110(a)(2)(D). Under CAA section restricted by statute. Certain other ozone season emissions for Illinois. That 110(c)(1), EPA may issue a FIP anytime material, such as copyrighted material, action will remove and reserve 40 CFR after such findings are made and must is not placed on the Internet and will be 52.745 and 52.746. The withdrawal of do so within two years unless a SIP publicly available only in hard copy the CAIR FIPs for Illinois is a revision correcting the deficiency is form. Publicly available docket conforming amendment that must be approved by EPA before the FIP is materials are available either made once the SIP approval is effective promulgated. electronically in http:// because EPA’s authority to issue the On April 28, 2006, EPA promulgated www.regulations.gov or in hard copy at FIPs was premised on a deficiency in FIPs for all States covered by CAIR in the Environmental Protection Agency, the SIP for Illinois. Once the SIP order to ensure the emissions reductions Region 5, Air and Radiation Division, 77 approval becomes effective, EPA no required by CAIR are achieved on West Jackson Boulevard, Chicago, longer has authority for the FIPs. Thus, schedule. Each CAIR State is subject to Illinois 60604. EPA requests that if at all EPA will not have the option of the FIPs until the State fully adopts, and possible, you contact John Summerhays, maintaining the FIPs following the full EPA approves, a SIP revision meeting Environmental Scientist, at (312) 886– SIP approval. Accordingly, EPA does the requirements of CAIR. The CAIR 6067 to schedule your inspection. The not intend to offer an opportunity for a FIPs require EGUs to participate in the Regional Office’s official hours of public hearing or an additional EPA-administered CAIR SO2, NOX business are Monday through Friday, opportunity for written public comment annual, and NOX ozone season trading 8:30 to 4:30, excluding federal holidays. on the withdrawal of the FIPs. programs, as appropriate. The CAIR FIP SO , NO annual, and NO ozone FOR FURTHER INFORMATION CONTACT: John II. What is the Regulatory History of 2 X X season trading programs impose Summerhays, Environmental Scientist, CAIR and the CAIR FIPs? essentially the same requirements as, Criteria Pollutant Section, Air Programs CAIR was published by EPA on May and are integrated with, the respective Branch (AR–18J), Environmental 12, 2005 (70 FR 25162). In this rule, CAIR SIP trading programs. The Protection Agency, Region 5, 77 West EPA determined that 28 States and the integration of the FIP and SIP trading Jackson Boulevard, Chicago, Illinois District of Columbia contribute programs means that these trading 60604, (312) 886–6067, significantly to nonattainment and programs will work together to create [email protected]. interfere with maintenance of the effectively a single trading program for SUPPLEMENTARY INFORMATION: NAAQS for PM2.5 and/or 8-hour ozone each regulated pollutant (SO2, NOX Table of Contents in downwind States in the eastern part annual, and NOX ozone season) in all of the country. As a result, EPA required States covered by the CAIR FIP or SIP I. What Actions Is EPA Taking? II. What Is the Regulatory History of CAIR those upwind States to revise their SIPs trading program for that pollutant. The and the CAIR FIPs? to include control measures that reduce CAIR FIPs also allow States to submit III. What are the General Requirements of emissions of SO2, which is a precursor abbreviated SIP revisions that, if CAIR and the CAIR FIPs? to PM2.5 formation, and/or NOX, which approved by EPA, will automatically is a precursor to both ozone and PM2.5 replace or supplement certain CAIR FIP

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provisions (e.g., the methodology for revisions. States may submit full SIP hearings and following discussions with allocating NOX allowances to sources in revisions that adopt the model CAIR interested parties, the Illinois EPA the State), while the CAIR FIP remains cap-and-trade rules. If approved, these recommended a revised set of rules to in place for all other provisions. SIP revisions will fully replace the CAIR the IPCB on January 5, 2007. These rules On April 28, 2006, EPA published FIPs. Alternatively, States may submit constitute the regulatory portion of the two additional CAIR-related final rules abbreviated SIP revisions. These SIP submittal by Illinois on March 29, 2007. that added the States of Delaware and revisions will not replace the CAIR FIPs; In addition to the rules, Illinois’ March New Jersey to the list of States subject however, the CAIR FIPs provide that, 2007 submittal included voluminous to CAIR for PM2.5 and announced EPA’s when approved, the provisions in these supporting material used in the state final decisions on reconsideration of abbreviated SIP revisions will be used rulemaking process to support the rules. five issues, without making any instead of or in conjunction with, as This material included such documents substantive changes to the CAIR appropriate, the corresponding as transcripts of hearings and requirements. provisions of the CAIR FIPs (e.g., the Alternative Control Techniques III. What are the General Requirements NOX allowance allocation documents describing NOX control of CAIR and the CAIR FIPs? methodology). options. IPCB then solicited further A State submitting a full SIP revision comment on refined versions of the CAIR establishes State-wide emission may either adopt regulations that are rules. On June 29, 2007, Illinois EPA budgets for SO2 and NOX and is to be substantively identical to the model submitted comments on the ‘‘first implemented in two phases. The first rules or incorporate by reference the notice’’ rules to EPA, including phase of NOX reductions starts in 2009 model rules. CAIR provides that States recommended rule language. and continues through 2014, while the may only make limited changes to the IPCB adopted final rules on August first phase of SO2 reductions starts in model rules if the States want to 23, 2007, effective August 31, 2007. 2010 and continues through 2014. The participate in the EPA-administered IPCB makes the full set of relevant second phase of reductions for both trading programs. A full SIP revision documents, including the final rules, NOX and SO2 starts in 2015 and may change the model rules only by available on its Web site, either by continues thereafter. CAIR requires altering their applicability and accessing http://www.ipcb.state.il.us/ States to implement the budgets by allowance allocation provisions to: and selecting docket R2006–026 or by either: (1) Requiring EGUs to participate 1. Include NOX SIP Call trading directly accessing http://www.ipcb.state. in the EPA-administered cap-and-trade sources that are not EGUs under CAIR il.us/cool/external/ programs; or (2) adopting other control CaseView2.asp?referer= in the CAIR NOX ozone season trading measures of the State’s choosing and program; coolsearch&case=R2006–026. demonstrating that such control Illinois EPA submitted the final rules 2. Provide for State allocation of NOX measures will result in compliance with annual or ozone season allowances by a submittal postmarked September the applicable State SO2 and NOX using a methodology chosen by the 14, 2007. Although the submittal letter budgets. State; was undated, EPA considers this The May 12, 2005, and April 28, 2006, package to have been submitted on the 3. Provide for State allocation of NOX CAIR rules provide model rules that annual allowances from the compliance postmark date, i.e., September 14, 2007. States must adopt (with certain limited supplement pool (CSP) using the State’s This submittal also included interim changes, if desired) if they want to choice of allowed, alternative draft rules and other materials participate in the EPA-administered methodologies; or developed during the IPCB rulemaking trading programs. 4. Allow units that are not otherwise process after March 2007. The focus of With two exceptions, only States that CAIR units to opt individually into the EPA’s rulemaking is on whether the choose to meet the requirements of CAIR SO , NO annual, or NO ozone final rules that Illinois adopted would CAIR through methods that exclusively 2 X X season trading programs under the opt- satisfy EPA’s requirements under CAIR. regulate EGUs are allowed to participate in provisions in the model rules. B. Summary of Illinois’ Rules in the EPA-administered trading An approved CAIR full SIP revision Part 225 of Title 35 of the Illinois programs. One exception is for States addressing EGUs’ SO , NO annual, or 2 X Administrative Code, entitled ‘‘Control that adopt the opt-in provisions of the NO ozone season emissions will X Of Emissions From Large Combustion model rules to allow non-EGUs replace the CAIR FIP for that State for Sources,’’ includes numerous provisions individually to opt into the EPA- the respective EGU emissions. administered trading programs. The addressing utility emissions of SO2, other exception is for States that include V. Description of Illinois’ CAIR SIP NOX, and mercury. These rules are all non-EGUs from their NOX SIP Call Submittal designed to address the requirements of both the CAIR and the Clean Air trading programs in their CAIR NOX A. The Background of Illinois’ Submittal ozone season trading programs. Mercury Rule (CAMR). Today’s action On March 29, 2007, Illinois submitted addresses the CAIR portions of the Part IV. What Are the Types of CAIR SIP draft rules and voluminous supporting 225 rules. Submittals? material for addressing CAIR Part 225 includes six subparts: States have the flexibility to choose requirements. These rules had been Subpart A, entitled ‘‘General the type of control measures they will proposed by the Illinois Environmental Provisions,’’ Subpart B, entitled use to meet the requirements of CAIR. Protection Agency (Illinois EPA) to the ‘‘Control Of Mercury Emissions From EPA anticipates that most States will Illinois Pollution Control Board (IPCB) Coal-Fired Electric Generating Units,’’ choose to meet the CAIR requirements on May 30, 2006. (IPCB is the board Subpart C, entitled ‘‘CAIR SO2 Trading by selecting an option that requires responsible for adopting environmental Program,’’ Subpart D, entitled ‘‘CAIR EGUs to participate in the EPA- regulations in Illinois.) The IPCB held NOX Annual Trading Program,’’ Subpart administered CAIR cap-and-trade hearings on these proposed rules on E, entitled ‘‘CAIR NOX Ozone Season programs. For such States, EPA has October 10 through October 12, 2006, Trading Program, and Subpart F, provided two approaches for submitting and again on November 28 and entitled ‘‘Combined Pollutant and obtaining approval for CAIR SIP November 29, 2006. Following these Standards.’’ The CAIR provisions are

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addressed in subparts A, C, D, and E. ‘‘Compliance Requirements,’’ ‘‘Appeal that is subject to both sets of Subpart B, which addresses mercury, Procedures,’’ ‘‘Permit Requirements,’’ requirements must adopt CAIR rules was not included in Illinois’ submittal and ‘‘Trading Program’’ respectively. that suitably replace the state’s NOX SIP and was submitted separately. Subpart F The purpose is to regulate SO2 Call trading program rules. Most was included in Illinois’ September emissions in accordance with EPA’s notably, the state must adopt control 2007 submittal but may be considered a CAIR requirements. The requirements measures that will achieve the amount part of Illinois’ mercury plan; EPA will apply in general to boilers and of NOX emission reductions that were address Subpart F as part of EPA’s combustion turbines that serve projected to be achieved by sources that separate rulemaking addressing Illinois’ generators with capacity to produce were covered by the NOX SIP Call mercury rules. greater than 25 megawatts, with an trading program but that are not covered Subpart A contains general exemption for some cogeneration units by the CAIR NOX ozone season trading provisions, most notably including and solid waste incineration units. program. In addition, such states must definitions and incorporation by Units subject to these rules must comply address several transition issues such as reference. The definitions reflect the with allowance holding requirements the status of allowances issued under definitions given in the CAIR model and emissions monitoring requirements the NOX SIP Call that remain in rules and are included for terms that are incorporated by reference from 40 CFR circulation after the NOX SIP Call ends. used in Illinois’ rules. (Although some part 96. Procedures for appealing EPA Illinois’ CAIR submittal does not fully definitions are pertinent to the decisions in the SO2 trading program are address the replacement of the NOX SIP regulation of mercury, today’s action the procedures given in 40 CFR part 78. Call. Illinois’ CAIR NOX ozone season only addresses the adequacy of these Owners or operators of units subject to trading program addresses the emissions definitions for CAIR purposes. Separate the program must apply for a permit from EGUs and do not address rulemaking will address the adequacy of that will specify the requirements under emissions from non-EGUs that are these definitions for mercury regulation the program that will apply to the covered by the NOX SIP Call trading purposes.) The incorporation by source. Allowance allocations are the program. Non-EGUs in Illinois will thus reference incorporates almost the allocations determined in the Acid Rain not be part of the CAIR NOX ozone entirety of the CAIR model rules. With Program under title IV of the CAA. After season trading program. Illinois is respect to the SO2 program in 40 CFR the end of each year starting with 2010, instead pursuing ‘‘reasonably available part 96, Illinois’ rules incorporate allowances held by a source are control technology (RACT) rules’’ that subpart AAA (CAIR SO2 Trading deducted to cover the source’s would subject the non-EGUs to specific Program General Provisions); 40 CFR emissions, according to retirement ratios emission limits. Illinois’ rules also do part 96, subpart BBB (CAIR Designated that EPA has mandated. not fully address the issues relating to Representative for CAIR SO2 Sources); Subpart D of Illinois’ rules addresses transition from the NOX SIP Call 40 CFR part 96, subpart FFF (CAIR SO2 the NOX annual trading program of the program to the CAIR program. Allowance Tracking System); 40 CFR CAIR. The sections described above in part 96, subpart GGG (CAIR SO2 Subpart C (Illinois’ SO2 program rules) VI. Analysis of Illinois’ CAIR SIP Allowance Transfers); and 40 CFR part are also present in Subpart D, using Submittal 96, subpart HHH (Monitoring and nearly identical language. In addition, A. State Budgets for Allowance Reporting), with two exceptions. Illinois Subpart D includes extensive sections Allocations does not incorporate 40 CFR 96.204 addressing allowance allocations. (entitled ‘‘Applicability’’), and 96.206 Unlike the SO2 program, which relies on The CAIR NOX annual and ozone (entitled ‘‘Standard requirements’’). For allowances issued under the Acid Rain season budgets were developed from these two sections, Illinois instead has Program, the annual NOX program relies historical heat input data for EGUs. adopted language that is effectively on newly issued allowances. EPA gives Using these data, EPA calculated annual identical to the language in EPA’s model states substantial flexibility in the and ozone season regional heat input rule. Illinois also has adopted language allocation of NOX allowances so long as values, which were multiplied by 0.15 addressing permitting requirements the total number of allowances allocated lb/mmBtu, for phase 1, and 0.125 lb/ instead of incorporating subpart CCC by is within the state’s budget that EPA has mmBtu, for phase 2, to obtain regional reference, and Illinois does not provide established and so long as certain timing NOX budgets for 2009–2014 and for for opt-ins and therefore neither requirements concerning the 2015 and thereafter, respectively. EPA incorporates subpart III by reference nor determination and submission to the derived the State NOX annual and ozone adopts any similar state language. Administrator of allocations are met. season budgets from the regional Illinois’ incorporation by reference for Section VI.D below describes Illinois’ budgets using State heat input data the ozone season NOX program and for NOX allowance allocation systems in adjusted by fuel factors. the annual NOX program closely more detail. The CAIR State SO2 budgets were parallels the incorporation by reference Subpart E of Illinois’ rules address the derived by discounting the tonnage of for the SO2 program. EPA’s model rules NOX ozone season trading program. emissions authorized by annual for NOX, unlike the model rules for SO2, These rules are again quite similar to the allowance allocations under the Acid have allowance allocation provisions (in rules in Subparts C and D (for the SO2 Rain Program. Under CAIR, each 40 CFR part 96, subparts E and EE, and the annual NOX trading programs, allowance allocated in the Acid Rain respectively, and in related provisions respectively), including rules providing Program for the years in phase 1 of CAIR in 40 CFR 96.105(b)(2) and for allowance allocations that are quite (2010 through 2014) authorizes 0.50 ton 96.305(b)(2)). However, Illinois did not similar to the provisions in Subpart D. of SO2 emissions in the CAIR trading incorporate these allocation provisions Again, this allocation system is program, and each Acid Rain Program by reference and instead adopted its described in more detail in section VI.D allowance allocated for the years in own provisions. below. phase 2 of CAIR (2015 and thereafter) Subpart C of Illinois’ rule addresses The CAIR NOX ozone season program authorizes 0.35 ton of SO2 emissions in the SO2 requirements of CAIR. This is designed to replace the program the CAIR trading program. subpart includes six sections, entitled, known as the NOX SIP Call trading In today’s action, EPA is approving ‘‘Purpose,’’ ‘‘Applicability,’’ program. Therefore, a state like Illinois Illinois’ SIP revision that adopts the

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NOX budgets and conforms with the SO2 freely transferable among sources allocation methodology that will be budgets established for the State in covered by the Acid Rain Program and used to allocate allowances to sources in CAIR. For NOX annual emissions, these sources covered by the CAIR SO2 cap- the States if certain requirements are budgets are 76,230 tons for each year and-trade program. met concerning the timing of from 2009 to 2014 and 63,525 tons for EPA also used the CAIR model submission of units’ allocations to the each year thereafter. For NOX ozone trading rules as the basis for the trading Administrator for recordation and the season emissions these budgets are programs in the CAIR FIPs. The CAIR total amount of allowances allocated for 30,701 for each year from 2009 to 2014 FIP trading rules are virtually identical each control period. In adopting and 28,981 tons for each year thereafter. to the CAIR model trading rules, with alternative NOX allowance allocation For SO2, Illinois’ rules provide for changes made to account for federal methodologies, States have flexibility retirement ratios that, in concert with rather than state implementation. The with regard to: the number of allowances that EPA will CAIR model SO2, NOX annual, and NOX 1. The cost to recipients of the issue under the Acid Rain Program, will ozone season trading rules and the allowances, which may be distributed reflect the budgets of 192,671 tons for respective CAIR FIP trading rules are for free or auctioned; each year from 2010 to 2014 and designed to work together as integrated 2. The frequency of allocations; 134,869 tons for each year thereafter. SO2, NOX annual, and NOX ozone 3. The basis for allocating allowances, season trading programs. which may be distributed, for example, B. CAIR Cap-and-Trade Programs In the SIP revision, Illinois chose to based on historical heat input or electric The CAIR NOX annual and ozone- implement its CAIR budgets by and thermal output; and season model trading rules both largely requiring EGUs to participate in EPA- 4. The use of allowance set-asides mirror the structure of the NOX SIP Call administered cap-and-trade programs and, if used, their size. Illinois applied this flexibility to model trading rule in 40 CFR part 96, for SO2, NOX annual, and NOX ozone subparts A through I. While the season emissions. Illinois has adopted a adopt systems for allocating allowances provisions of the NOX annual and full SIP revision that adopts, with for the CAIR NOX annual trading ozone-season model rules are similar, certain allowed changes discussed program and for the CAIR NOX ozone there are some differences. For example, below, the CAIR model cap-and-trade season trading program that differ in several respects from the allocation the NOX annual model rule (but not the rules for SO2, NOX annual, and NOX NOX ozone season model rule) provides ozone season emissions. systems in EPA’s model rule. For both for a CSP, which is discussed below and trading programs, Illinois sets aside 5 under which allowances may be C. Applicability Provisions for non-EGU percent of the allowances for new NO SIP Call Sources awarded for early reductions of NOX X sources and 25 percent for a ‘‘clean air annual emissions. As a further example, In general, the CAIR model trading set aside.’’ Under the clean air set aside, the NOX ozone season model rule rules apply to any stationary, fossil-fuel- Illinois distributes allowances to three reflects the fact that the CAIR NOX fired boiler or stationary, fossil-fuel- types of projects: (1) Projects that use ozone season trading program replaces fired combustion turbine serving at any renewable energy or that improve the NOX SIP Call trading program after time, since the later of November 15, energy efficiency, (2) clean coal the 2008 ozone season and is 1990, or the start-up of the unit’s technology projects, including clean coordinated with the NOX SIP Call combustion chamber, a generator with coal burning equipment (mainly program. The NOX ozone season model nameplate capacity of more than 25 integrated gasification combined cycle rule provides incentives for early MWe producing electricity for sale. units), and (3) upgrades to pollution emissions reductions by allowing States have the option of bringing in, control equipment. While EPA expects banked, pre-2009 NOX SIP Call for the CAIR NOX ozone season program Illinois’ utilities to install several allowances to be used for compliance in only, those units in the State’s NOX SIP emission control systems even without the CAIR NOX ozone-season trading Call trading program that are not EGUs this provision, this provision provides program. In addition, States have the as defined under CAIR. However, further incentive for Illinois utilities to option of continuing to meet their NOX Illinois has chosen not to expand the install controls. Illinois also dedicates SIP Call requirement by participating in applicability provisions of the CAIR some of the set aside allowances for the CAIR NOX ozone season trading NOX ozone season trading program to distribution for projects that are done program and including all their NOX SIP include all non-EGUs in the State’s NOX relatively early. The rules require Call trading sources in that program. SIP Call trading program. project sponsors to apply for allowances The provisions of the CAIR SO2 from this set aside, and the rules model rule are also similar to the D. NOX Allowance Allocations identify the criteria by which Illinois is provisions of the NOX annual and ozone Under the NOX allowance allocation to determine the number of allowances season model rules. However, the SO2 methodology in the CAIR model trading to be issued for a given project. The model rule is coordinated with the rules and in the CAIR FIP, NOX annual rules specify an initial subdivision of ongoing Acid Rain SO2 cap-and-trade and ozone season allowances are the clean air set aside according to program under CAA title IV. The SO2 allocated to units that have operated for project type, but the rules also provide model rule uses the title IV allowances five years, based on heat input data from for redistributing allocations among for compliance, with each allowance a three-year period that are adjusted for subdivisions if Illinois receives more or allocated for 2010–2014 authorizing fuel type by using fuel factors of 1.0 for fewer requests for particular types of only 0.50 ton of emissions and each coal, 0.6 for oil, and 0.4 for other fuels. projects. The rules also specify how the allowance allocated for 2015 and The CAIR model trading rules and the new source set aside is to be allocated. thereafter authorizing only 0.35 ton of CAIR FIP also provide a new unit set- Illinois’ rules provide that the emissions. Banked title IV allowances aside from which units without five allowances that are not set aside are allocated for years before 2010 can be years of operation are allocated allocated according to electrical output, used at any time in the CAIR SO2 cap- allowances based on the units’ prior with the caveat that the utilities are and-trade program, with each such year emissions. initially given the option of determining allowance authorizing 1 ton of States may establish in their SIP output either directly or as a fixed emissions. Title IV allowances are to be submissions a different NOX allowance efficiency factor times heat input. In

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either case, the output value is further a CAIR trading program, a unit must 225.310, 225.315, 225.320, and 225.325; adjusted, depending on the type of fuel vent all emissions through a stack and in Subpart D, Sections 225.400, 225.405, burned, to reflect the emission rates be able to meet monitoring, 225.410, 225.415, 225.420, 225.425, expected from burning different fuels. In recordkeeping, and recording 225.430, 225.435, 225.440, 225.445, particular, the output from coal-fired requirements of 40 CFR part 75. The 225.450, 225.455, 225.460, 225.465, units is unadjusted, the output from oil- owners and operators seeking to opt a 225.470, 225.475, and 225.480; and in fired units is multiplied by 0.6, and the unit into a CAIR trading program must Subpart E, Sections 225.500, 225.505, output from units combusting other apply for a CAIR opt-in permit. If the 225.510, 225.515, 225.520, 225.525, fuels is multiplied by 0.4. unit is issued a CAIR opt-in permit, the 225.530, 225.535, 225.540, 225.545, EPA notes that, in sections 225.450(e) unit becomes a CAIR unit, is allocated 225.550, 225.555, 225.560, 225.565, and 225.550(e), Illinois requires that, for allowances, and must meet the same 225.570, and 225.575. Section 225.100 purposes of monitoring output, the allowance-holding and emissions (entitled ‘‘Severability’’) was not owner or operation of a CAIR unit must monitoring and reporting requirements included in Illinois’ September 2007 maintain a monitoring plan meeting as other units subject to the CAIR submittal but was included in Illinois’ certain requirements of ‘‘40 CFR part 60 trading program. The opt-in provisions mercury rule submittal; EPA plans to or 75, as applicable.’’ Sections 225.450 provide for two methodologies for address this section as part of its and 225.550 address ‘‘Monitoring, allocating allowances for opt-in units, rulemaking on that mercury rule Recordkeeping, and Reporting one methodology that applies to opt-in submittal. EPA is also deferring action Requirements for Gross Electrical units in general and a second on Subpart F, which EPA also plans to Output and Useful Thermal Energy’’, methodology that allocates allowances address in its rulemaking on Illinois’ and paragraph (e) of each of these only to opt-in units that the owners and rules regarding mercury control. sections specifically mention ‘‘gross operators intend to repower before We are publishing this action without electrical output.’’ Consequently, EPA January 1, 2015. prior proposal because we view this as interprets sections 225.450(e) and States have several options a noncontroversial amendment and 225.550(e) as limited to plans for concerning the opt-in provisions. States anticipate no adverse comments. monitoring output and as consistent may adopt the CAIR opt-in provisions However, in the proposed rules section with, and in addition to, the monitoring entirely or may adopt them but exclude of this Federal Register publication, we plan requirements under 40 CFR part one of the methodologies for allocating are publishing a separate document that 96, subparts HH and HHHH, which allowances. States may also decline to will serve as the proposal to approve the requirements are referenced in sections adopt the opt-in provisions at all. state plan if relevant adverse written 225.410(c)(1) and 225.510(c)(1). Illinois has chosen not to allow non- comments are filed. This rule will be EGUs to opt into the CAIR NOX annual effective December 17, 2007 without E. Allocation of NOX Allowances From trading program, the CAIR NO ozone Compliance Supplement Pool X further notice unless we receive relevant season trading program, or the CAIR adverse written comments by November The CAIR establishes a CSP to SO2 trading program. 15, 2007. If we receive such comments, provide an incentive for early reductions in NO annual emissions. VII. EPA Actions we will withdraw this action before the X effective date by publishing a The CSP consists of 200,000 CAIR NOX EPA is issuing direct final approval of annual allowances of vintage 2009 for Illinois’ CAIR submittal. Under this SIP subsequent document that will the entire CAIR region, and a State’s revision, Illinois is choosing to withdraw the final action. All public share of the CSP is based upon the participate in the EPA-administered comments received will then be addressed in a subsequent final rule projected magnitude of the emission cap-and-trade programs for SO2, NOX based on the proposed action. The EPA reductions required by CAIR in that annual, and NOX ozone season State. States may distribute CSP emissions. The SIP revision meets the will not institute a second comment allowances, one allowance for each ton applicable requirements in 40 CFR period. Any parties interested in commenting on this action should do so of early reduction, to sources that make 51.123(o) and (aa), with regard to NOX at this time. If we do not receive any NOX reductions during 2007 or 2008 annual and NOX ozone season beyond what is required by any emissions, and 40 CFR 51.124(o), with comments, this action will be effective December 17, 2007. applicable State or Federal emission regard to SO2 emissions. EPA is limitation. States also may distribute determining that the SIP meets the VIII. Statutory and Executive Order CSP allowances based upon a requirements of CAIR. As a consequence Reviews demonstration of need for an extension of the SIP approval, the Administrator of the 2009 deadline for implementing of EPA will also issue, without Executive Order 12866: Regulatory emission controls. However, Illinois has providing an opportunity for a public Planning and Review chosen not to distribute the allowances hearing or an additional opportunity for Under Executive Order 12866 (58 FR of a CSP. written public comment, a final rule to 51735, October 4, 1993), this action is withdraw the CAIR FIPs concerning not a ‘‘significant regulatory action’’ and F. Individual Opt-in Units SO2, NOX annual, and NOX ozone therefore is not subject to review by the The opt-in provisions of the CAIR SIP season emissions for Illinois. That Office of Management and Budget. model trading rules allow certain non- action will remove and reserve 40 CFR Executive Order 13211: Actions That EGUs (i.e., boilers, combustion turbines, 52.745 and 52.746. and other stationary fossil-fuel-fired More specifically, EPA is approving Significantly Affect Energy Supply, devices) that do not meet the Subparts A, C, D, and E of Part 225 of Distribution, or Use applicability criteria for a CAIR trading Title 35 of the Illinois Administrative Because it is not a ‘‘significant program to participate voluntarily in Code as submitted on September 14, regulatory action’’ under Executive (i.e., opt into) the CAIR trading program. 2007. The specific rules being approved Order 12866 or a ‘‘significant energy In the model rule, a non-EGU may opt include: In Subpart A, Sections 225.120, action,’’ this action is also not subject to into one or more of the CAIR trading 225.130, 225.140, and 225.150; in Executive Order 13211, ‘‘Actions programs. In order to qualify to opt into Subpart C, Sections 225.300, 225.305, Concerning Regulations That

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Significantly Affect Energy Supply, National Technology Transfer Incorporation by reference, Distribution, or Use’’ (66 FR 28355, May Advancement Act Intergovernmental relations, Nitrogen 22, 2001). In reviewing SIP submissions, EPA’s oxides, Ozone, Particulate matter, Regulatory Flexibility Act role is to approve state choices, Reporting and recordkeeping provided that they meet the criteria of requirements, Sulfur dioxide. This action merely approves state law the Clean Air Act. In this context, in the Dated: September 21, 2007. as meeting Federal requirements and absence of a prior existing requirement Bharat Mathur, imposes no additional requirements for the state to use voluntary consensus beyond those imposed by state law. standards (VCS), EPA has no authority Acting Regional Administrator, Region 5. Accordingly, the Administrator certifies to disapprove a SIP submission for I For the reasons stated in the preamble, that this rule will not have a significant failure to use VCS. It would thus be part 52, chapter I, title 40 of the Code economic impact on a substantial inconsistent with applicable law for of Federal Regulations is amended as number of small entities under the EPA, when it reviews a SIP submission, follows: Regulatory Flexibility Act (5 U.S.C. 601 to use VCS in place of a SIP submission et seq.). that otherwise satisfies the provisions of PART 52—[AMENDED] Unfunded Mandates Reform Act the Clean Air Act. Thus, the requirements of section 12(d) of the I 1. The authority citation for part 52 Because this rule approves pre- National Technology Transfer and continues to read as follows: existing requirements under state law Advancement Act of 1995 (15 U.S.C. and does not impose any additional 272 note) do not apply. Authority: 42 U.S.C. 7401 et seq. enforceable duty beyond that required Paperwork Reduction Act Subpart O—Illinois by state law, it does not contain any unfunded mandate or significantly or This rule does not impose an uniquely affect small governments, as information collection burden under the I 2. Section 52.720 is amended by described in the Unfunded Mandates provisions of the Paperwork Reduction adding paragraph (c)(178) to read as Reform Act of 1995 (Pub. L. 104–4). Act of 1995 (44 U.S.C. 3501 et seq.). follows: Executive Order 13175: Consultation Congressional Review Act § 52.720 Identification of plan. and Coordination With Indian Tribal The Congressional Review Act, 5 * * * * * Governments U.S.C. 801 et seq., as added by the Small (c)* * * Business Regulatory Enforcement This rule also does not have tribal (178) On September 14, 2007, the implications because it will not have a Fairness Act of 1996, generally provides that before a rule may take effect, the Illinois Environmental Protection substantial direct effect on one or more agency promulgating the rule must Agency submitted rules and related Indian tribes, on the relationship submit a rule report, which includes a material to address requirements under between the Federal Government and copy of the rule, to each House of the the Clean Air Interstate Rule. These Indian tribes, or on the distribution of Congress and to the Comptroller General rules mandate participation of electric power and responsibilities between the of the United States. EPA will submit a generating units in EPA-run trading Federal Government and Indian tribes, report containing this rule and other programs for annual emissions of sulfur as specified by Executive Order 13175 required information to the U.S. Senate, (59 FR 22951, November 9, 2000). dioxide, annual emissions of nitrogen the U.S. House of Representatives, and oxides, and ozone season emissions of Executive Order 13132: Federalism the Comptroller General of the United nitrogen oxides. These rules provide a States prior to publication of the rule in This action also does not have methodology for allocating allowances the Federal Register. A major rule to subject sources and require these Federalism implications because it does cannot take effect until 60 days after it not have substantial direct effects on the sources to hold sufficient allowances to is published in the Federal Register. accommodate their emissions and to states, on the relationship between the This action is not a ‘‘major rule’’ as national government and the states, or meet various monitoring, recordkeeping, defined by 5 U.S.C. 804(2). and reporting requirements. EPA is on the distribution of power and Under section 307(b)(1) of the Clean approving the submitted provisions of responsibilities among the various Air Act, petitions for judicial review of levels of government, as specified in this action must be filed in the United Subparts A, C, D, and E of Part 225 of Executive Order 13132 (64 FR 43255, States Court of Appeals for the Title 35 of Illinois Administrative Code; August 10, 1999). This action merely appropriate circuit by December 17, EPA is deferring action on Subpart F. approves a state rule implementing a 2007. Filing a petition for (i) Incorporation by reference. federal standard, and does not alter the reconsideration by the Administrator of (A) Title 35 of the Illinois relationship or the distribution of power this final rule does not affect the finality Administrative Code: Environmental and responsibilities established in the of this rule for the purposes of judicial Clean Air Act. Protection, Subtitle B: Air Pollution, review nor does it extend the time Chapter I: Pollution Control Board, Part Executive Order 13045: Protection of within which a petition for judicial 225: Control of Emissions from Large Children From Environmental Health review may be filed, and shall not Combustion Sources, effective August and Safety Risks postpone the effectiveness of such rule 31, 2007, including Subpart A: General or action. This action may not be Provisions, Subpart C: Clean Air Act This rule also is not subject to challenged later in proceedings to Interstate Rule (CAIR) SO Trading Executive Order 13045 ‘‘Protection of enforce its requirements. (See section 2 Program, Subpart D: CAIR NO Annual Children from Environmental Health 307(b)(2).) X Risks and Safety Risks’’ (62 FR 19885, Trading Program, and Subpart E: CAIR April 23, 1997), because it approves a List of Subjects in 40 CFR Part 52 NOX Ozone Season Trading Program. state rule implementing a Federal Environmental protection, Air [FR Doc. E7–20142 Filed 10–15–07; 8:45 am] Standard. pollution control, Electric utilities, BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION or otherwise protected. The http:// Have the requirements for approval of a SIP AGENCY www.regulations.gov web site is an revision and a Part 70 revision been met? ‘‘anonymous access’’ system, which What action is EPA taking? 40 CFR Parts 52 and 70 means EPA will not know your identity What is a SIP? or contact information unless you [EPA–R07–OAR–2007–0718; FRL–8483–1] provide it in the body of your comment. Section 110 of the Clean Air Act (CAA) requires states to develop air Approval and Promulgation of State If you send an e-mail comment directly pollution regulations and control Implementation Plans and Operating to EPA without going through http:// strategies to ensure that state air quality Permits Program; State of Iowa www.regulations.gov, your e-mail address will be automatically captured meets the national ambient air quality AGENCY: Environmental Protection and included as part of the comment standards established by EPA. These Agency (EPA). that is placed in the public docket and ambient standards are established under ACTION: Direct final rule. made available on the Internet. If you section 109 of the CAA, and they submit an electronic comment, EPA currently address six criteria pollutants. SUMMARY: EPA is approving revisions to recommends that you include your These pollutants are: Carbon monoxide, the Iowa State Implementation Plan name and other contact information in nitrogen dioxide, ozone, lead, (SIP) and Operating Permits Program the body of your comment and with any particulate matter, and sulfur dioxide. submitted by the state of Iowa. These disk or CD–ROM you submit. If EPA Each state must submit these revisions update and clarify various cannot read your comment due to regulations and control strategies to us rules and make minors revisions and technical difficulties and cannot contact for approval and incorporation into the corrections. Approval of these revisions you for clarification, EPA may not be Federally-enforceable SIP. Each will ensure consistency between the able to consider your comment. Federally-approved SIP protects air state and Federally-approved rules, and Electronic files should avoid the use of quality primarily by addressing air ensure Federal enforceability of the special characters, any form of pollution at its point of origin. These State’s revised air program rules. encryption, and be free of any defects or SIPs can be extensive, containing state DATES: This direct final rule will be viruses. regulations or other enforceable effective December 17, 2007, without Docket: All documents in the documents and supporting information further notice, unless EPA receives electronic docket are listed in the such as emission inventories, adverse comment by November 15, http://www.regulations.gov index. monitoring networks, and modeling 2007. If adverse comment is received, Although listed in the index, some demonstrations. EPA will publish a timely withdrawal of information is not publicly available, i.e., CBI or other information whose What is the Federal approval process the direct final rule in the Federal for a SIP? Register informing the public that the disclosure is restricted by statute. rule will not take effect. Certain other material, such as In order for state regulations to be copyrighted material, is not placed on ADDRESSES: Submit your comments, incorporated into the Federally- identified by Docket ID No. EPA–R07– the Internet and will be publicly enforceable SIP, states must formally OAR–2007–0718, by one of the available only in hard copy form. adopt the regulations and control following methods: Publicly available docket materials are strategies consistent with state and 1. http://www.regulations.gov. Follow available either electronically in http:// Federal requirements. This process the on-line instructions for submitting www.regulations.gov or in hard copy at generally includes a public notice, comments. the Environmental Protection Agency, public hearing, public comment period, 2. E-mail: [email protected]. Air Planning and Development Branch, and a formal adoption by a state- 3. Mail: Heather Hamilton, 901 North 5th Street, Kansas City, authorized rulemaking body. Environmental Protection Agency, Air Kansas 66101. The Regional Office’s Once a state rule, regulation, or Planning and Development Branch, 901 official hours of business are Monday control strategy is adopted, the state North 5th Street, Kansas City, Kansas through Friday, 8 to 4:30 excluding submits it to us for inclusion into the 66101. Federal holidays. The interested persons SIP. We must provide public notice and 4. Hand Delivery or Courier: Deliver wanting to examine these documents seek additional public comment your comments to Heather Hamilton, should make an appointment with the regarding the proposed Federal action Environmental Protection Agency, Air office at least 24 hours in advance. on the state submission. If adverse Planning and Development Branch, 901 FOR FURTHER INFORMATION CONTACT: comments are received, they must be North 5th Street, Kansas City, Kansas Heather Hamilton at (913) 551–7039, or addressed prior to any final Federal 66101. by e-mail at [email protected]. action by us. Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: All state regulations and supporting Docket ID No. EPA–R07–OAR–2007– Throughout this document whenever information approved by EPA under 0718. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean section 110 of the CAA are incorporated received will be included in the public EPA. This section provides additional into the Federally-approved SIP. docket without change and may be information by addressing the following Records of such SIP actions are made available online at http:// questions: maintained in the Code of Federal www.regulations.gov, including any What is a SIP? Regulations (CFR) at title 40, part 52, personal information provided, unless What is the Federal approval process for a entitled ‘‘Approval and Promulgation of the comment includes information SIP? Implementation Plans.’’ The actual state claimed to be Confidential Business What does Federal approval of a state regulations which are approved are not Information (CBI) or other information regulation mean to me? reproduced in their entirety in the CFR What is the Part 70 operating permits whose disclosure is restricted by statute. program? outright but are ‘‘incorporated by Do not submit through http:// What is the Federal approval process for an reference,’’ which means that we have www.regulations.gov or e-mail operating permits program? approved a given state regulation with information that you consider to be CBI What is being addressed in this document? a specific effective date.

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What does Federal approval of a state adoption by a state-authorized Have the requirements for approval of regulation mean to me? rulemaking body. a SIP revision and a Part 70 revision Enforcement of the state regulation Once a state rule, regulation, or been met? before and after it is incorporated into control strategy is adopted, the state The state submittal has met the public the Federally-approved SIP is primarily submits it to us for inclusion into the notice requirements for SIP submissions a state responsibility. However, after the approved operating permits program. in accordance with 40 CFR 51.102. The regulation is Federally approved, we are We must provide public notice and seek submittal also satisfied the authorized to take enforcement action additional public comment regarding completeness criteria of 40 CFR part 51, against violators. Citizens are also the proposed Federal action on the state appendix V. In addition, as explained offered legal recourse to address submission. If adverse comments are above and in more detail in the violations as described in section 304 of received, they must be addressed prior technical support document which is the CAA. to any final Federal action by us. part of this docket, these revisions meet All state regulations and supporting the substantive SIP requirements of the What is the Part 70 operating permits information approved by EPA under CAA, including section 110 and program? section 502 of the CAA, including implementing regulations. These The CAA Amendments of 1990 revisions to the state program, are revisions are minor clarifications, require all states to develop operating included in the Federally-approved updates, and corrections which do not permits programs that meet certain operating permits program. Records of affect the stringency of existing Federal criteria. In implementing this such actions are maintained in the CFR requirements. These revisions are also program, the states are to require certain at Title 40, part 70, appendix A, entitled consistent with applicable EPA sources of air pollution to obtain ‘‘Approval Status of State and Local requirements in Title V of the CAA and permits that contain all applicable Operating Permits Programs.’’ 40 CFR Part 70. requirements under the CAA. One purpose of the part 70 operating permits What is being addressed in this What action is EPA taking? program is to improve enforcement by document? EPA is approving these revisions issuing each source a single permit that EPA is approving the State submitted by Iowa on April 26, 2007, to consolidates all of the applicable CAA Implementation Plan (SIP) revisions update the SIP and the Iowa Operating requirements into a Federally- submitted by the state of Iowa which Permits Program to include minor enforceable document. By consolidating include minor revisions to various rules. revisions and updates. We are all of the applicable requirements for a The state of Iowa periodically makes processing this action as a direct final facility into one document, the source, minor revisions that are included under action because the revisions make the public, and the permitting its general rulemaking and are typically routine changes to the existing rules authorities can more easily determine processed twice a year. The revisions which are noncontroversial. We do not what CAA requirements apply and how are described as follows: anticipate any adverse comments. compliance with those requirements is Please note that if EPA receives adverse With regard to Iowa’s variance determined. comment on part of this rule and if that provision in subrule 21.2(4)‘‘c’’ of the Sources required to obtain an part can be severed from the remainder Iowa Administrative Code (IAC), the operating permit under this program of the rule, EPA may adopt as final Iowa Department of Natural Resources include ‘‘major’’ sources of air pollution those parts of the rule that are not the added language to clarify the Prevention and certain other sources specified in subject of an adverse comment. of Significant Deterioration (PSD) the CAA or in our implementing requirements for which they may not Statutory and Executive Order Reviews regulations. For example, all sources grant a variance and referenced the new regulated under the acid rain program, Under Executive Order 12866 (58 FR chapter in the Iowa Administrative regardless of size, must obtain permits. 51735, October 4, 1993), this action is Code that addresses PSD requirements. Examples of major sources include not a ‘‘significant regulatory action’’ and The revision clarifies that variances those that emit 100 tons per year or therefore is not subject to review by the cannot be issued to sources seeking more of volatile organic compounds, Office of Management and Budget. For permit limits on their potential carbon monoxide, lead, sulfur dioxide, this reason, this action is also not emissions in order to avoid major source nitrogen dioxide, or PM ; those that subject to Executive Order 13211, 10 permitting requirements. In other emit 10 tons per year of any single ‘‘Actions Concerning Regulations That words, a variance cannot be issued to a hazardous air pollutant (HAP) Significantly Affect Energy Supply, source seeking a synthetic minor permit. (specifically listed under the CAA); or Distribution, or Use’’ (66 FR 28355, May those that emit 25 tons per year or more Revisions were made to subrules 22, 2001). This action merely approves of a combination of HAPs. 22.201(2) and 22.300(3) which address state law as meeting Federal Revision to the state operating permits applicability of Iowa’s synthetic minor requirements and imposes no additional program are also subject to public permit program. The revisions correct requirements beyond those imposed by notice, comment, and our approval. cross references to the state’s rules for state law. Accordingly, the Title V permits, Acid Rain permits and Administrator certifies that this action What is the Federal approval process permits by rule for small sources. These will not have a significant economic for an operating permits program? changes apply to the SIP and Iowa’s impact on a substantial number of small In order for state regulations to be operating permits program. entities under the Regulatory Flexibility included in the Federally-enforceable Revisions were made to Chapter 25 of Act (5 U.S.C. 601 et seq.). Because this Title V operating permits program, the IAC, relating to emissions action approves pre-existing states must formally adopt regulations monitoring methods, to update requirements under state law and does consistent with state and Federal references to Federal reference methods not impose any additional enforceable requirements. This process generally and performance standards. These duty beyond that required by state law, includes a public notice, public hearing, changes apply to SIP monitoring it does not contain any unfunded public comment period, and a formal requirements. mandate or significantly or uniquely

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affect small governments, as described submission, to use VCS in place of a or action. This action may not be in the Unfunded Mandates Reform Act state submission that otherwise satisfies challenged later in proceedings to of 1995 (Pub. L. 104–4). the provisions of the CAA. Thus, the enforce its requirements. (See section This action also does not have tribal requirements of section 12(d) of the 307(b)(2).) implications because it will not have a National Technology Transfer and List of Subjects substantial direct effect on one or more Advancement Act of 1995 (15 U.S.C. Indian tribes, on the relationship 272 note) do not apply. This action does 40 CFR Part 52 between the Federal Government and not impose an information collection Environmental protection, Air Indian tribes, or on the distribution of burden under the provisions of the pollution control, Carbon monoxide, power and responsibilities between the Paperwork Reduction Act of 1995 (44 Intergovernmental relations, Lead, Federal Government and Indian tribes, U.S.C. 3501 et seq.). as specified by Executive Order 13175 The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Particulate (65 FR 67249, November 9, 2000). This U.S.C. 801 et seq., as added by the Small matter, Reporting and recordkeeping action also does not have Federalism Business Regulatory Enforcement requirements, Sulfur oxides, Volatile implications because it does not have Fairness Act of 1996, generally provides organic compounds. substantial direct effects on the States, that before a rule may take effect, the 40 CFR Part 70 on the relationship between the national agency promulgating the rule must government and the States, or on the submit a rule report, which includes a Administrative practice and distribution of power and copy of the rule, to each House of the procedure, Air pollution control, responsibilities among the various Congress and to the Comptroller General Intergovernmental relations, Operating levels of government, as specified in of the United States. EPA will submit a permits, Reporting and recordkeeping Executive Order 13132 (64 FR 43255, report containing this rule and other requirements. August 10, 1999). This action merely required information to the U.S. Senate, Dated: October 5, 2007. approves a state rule implementing a the U.S. House of Representatives, and William Rice, Federal standard, and does not alter the the Comptroller General of the United Acting Regional Administrator, Region 7. relationship or the distribution of power States prior to publication of the rule in I Chapter I, title 40 of the Code of and responsibilities established in the the Federal Register. CAA. This action also is not subject to A major rule cannot take effect until Federal Regulations is amended as Executive Order 13045, ‘‘Protection of 60 days after it is published in the follows: Children from Environmental Health Federal Register. This action is not a PART 52—[AMENDED] Risks and Safety Risks’’ (62 FR 19885, ‘‘major rule’’ as defined by 5 U.S.C. April 23, 1997), because it approves a 804(2). I 1. The authority citation for part 52 state rule implementing a Federal Under section 307(b)(1) of the Clean continues to read as follows: standard. Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq. In reviewing state submissions, EPA’s this action must be filed in the United role is to approve state choices, States Court of Appeals for the Subpart Q—Iowa provided that they meet the criteria of appropriate circuit by December 17, the CAA. In this context, in the absence 2007. Filing a petition for I 2. In § 52.820 the table in paragraph of a prior existing requirement for the reconsideration by the Administrator of (c) is amended by revising entries for State to use voluntary consensus this final rule does not affect the finality 567–21.2, 567–22.201, 567–22.300, and standards (VCS), EPA has no authority of this rule for the purposes of judicial 567–25.1, to read as follows: to disapprove a state submission for review nor does it extend the time failure to use VCS. It would thus be within which a petition for judicial § 52.820 Identification of plan. inconsistent with applicable law for review may be filed, and shall not * * * * * EPA, when it reviews a state postpone the effectiveness of such rule (c) * * *

EPA.-APPROVED IOWA REGULATIONS

State effective Iowa citation Title date EPA approval date Explanation

Iowa Department of Natural Resources Environmental Protection Commission [567]

*******

Chapter 21—Compliance

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567–21.2 ..... Variances ...... 04/04/07 10/16/07 [insert FR page number where the document begins].

*******

Chapter 22—Controlling Pollution

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EPA.-APPROVED IOWA REGULATIONS—Continued

State effective Iowa citation Title date EPA approval date Explanation

*******

567–22.201 Eligibility for Voluntary Operating Permits ...... 04/04/07 10/16/07 [insert FR page number where the document begins].

*******

567–22.300 Operating Permit by Rule for Small Sources 04/04/07 10/16/07 [insert FR page number where the document begins].

*******

Chapter 25—Measurement of Emissions

567–25.1 ..... Testing and Sampling of New and Existing 04/04/07 10/16/07 [insert FR page number where the Equipment. document begins].

*******

* * * * * ENVIRONMENTAL PROTECTION Murray County Area that contains the AGENCY new 2018 motor vehicle emission PART 70—[AMENDED] budgets (MVEBs) for nitrogen oxides 40 CFR Parts 52 and 81 (NOX) and volatile organic compounds I 3. The authority citation for Part 70 [EPA–R04–OAR–2007–0549–200742; FRL– (VOCs). Through this action, EPA is also continues to read as follows: 8482–4] finding the 2018 MVEBs adequate for the purposes of transportation Authority: 42 U.S.C. 7401 et seq. Approval and Promulgation of conformity. I 4. Appendix A to Part 70 is amended Implementation Plans and Designation DATES: Effective Date: This rule will be by adding paragraph (i) under ‘‘Iowa’’ to of Areas for Air Quality Planning effective November 15, 2007. read as follows: Purposes; Georgia: Redesignation of ADDRESSES: EPA has established a Murray County, GA, 8-Hour Ozone docket for this action under Docket Appendix A to Part 70—Approval Nonattainment Area to Attainment for Identification No. EPA–R04–OAR– Status of State and Local Operating Ozone 2007–0549. All documents in the docket Permits Programs AGENCY: Environmental Protection are listed on the www.regulations.gov * * * * * Agency (EPA). Web site. Although listed in the index, Iowa ACTION: Final rule. some information is not publicly * * * * * available, i.e., Confidential Business (i) The Iowa Department of Natural SUMMARY: EPA is taking final action to Information or other information whose Resources submitted for program approval approve a request submitted on June 15, disclosure is restricted by statute. rules 567–22.105(2), 567–22.106(6), 567– 2007, from the State of Georgia, through Certain other material, such as 22.201(2), 567–22.300(3) on April 19, 2007. the Georgia Environmental Protection copyrighted material, is not placed on The state effective date was April 4, 2007. Division (EPD), to redesignate the the Internet and will be publicly These revisions to the Iowa program are Murray County 8-hour ozone available only in hard copy form. approved effective December 17, 2007. nonattainment area to attainment for the Publicly available docket materials are available either electronically through * * * * * 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Murray www.regulations.gov or in hard copy at [FR Doc. E7–20378 Filed 10–15–07; 8:45 am] County 8-hour nonattainment ozone the Regulatory Development Section, BILLING CODE 6560–50–P area is a partial county area, comprised Air Planning Branch, Air, Pesticides and of the portion of Murray County that Toxics Management Division, U.S. makes up the Chattahoochee National Environmental Protection Agency, Forest (Murray County Area). EPA’s Region 4, 61 Forsyth Street, SW., approval of the redesignation request is Atlanta, Georgia 30303–8960. EPA based on the determination that the requests that if at all possible, you Murray County Area has met the criteria contact the person listed in the FOR for redesignation to attainment set forth FURTHER INFORMATION CONTACT section to in the Clean Air Act (CAA), including schedule your inspection. The Regional the determination that the Murray Office’s official hours of business are County Area has attained the 8-hour Monday through Friday, 8:30 a.m. to ozone standard. Additionally, EPA is 4:30 p.m., excluding federal holidays. approving a revision to the Georgia State FOR FURTHER INFORMATION CONTACT: Implementation Plan (SIP) including the Stacy Harder, Regulatory Development 8-hour ozone maintenance plan for the Section, Air Planning Branch, Air,

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Pesticides and Toxics Management new regional MVEBs must be used for that 1-hour conformity determinations Division, Region 4, U.S. Environmental future transportation conformity are not required for anti-backsliding Protection Agency, 61 Forsyth Street, determinations. purposes. SW., Atlanta, Georgia 30303–8960. Ms. As was discussed in greater detail in With respect to the requirement for Harder can be reached via telephone the August 29, 2007, proposal, this transportation conformity under the 1- number at (404) 562–9042 or electronic redesignation is for the 8-hour ozone hour standard, the Court in its June 8th mail at [email protected]. designations finalized in 2004 (69 FR decision clarified that for those areas SUPPLEMENTARY INFORMATION: 23857, April 30, 2007). Various aspects with 1-hour MVEBs in their 1-hour maintenance plans, anti-backsliding Table of Contents of EPA’s Phase 1 8-hour ozone implementation rule were challenged in requires only that those 1-hour budgets I. What Is the Background for the Actions? must be used for 8-hour conformity II. What Actions Is EPA Taking? court and on December 22, 2006, the U.S. Court of Appeals for the District of determinations until replaced by 8-hour III. Why Are We Taking These Actions? budgets. To meet this requirement, IV. What Are the Effects of These Actions? Columbia Circuit (D.C. Circuit Court) V. Final Action vacated EPA’s Phase 1 Implementation conformity determinations in such areas VI. Statutory and Executive Order Reviews Rule for the 8-hour Ozone Standard. (69 must continue to comply with the FR 23951, April 30, 2004). South Coast applicable requirements of EPA’s I. What Is the Background for the conformity regulations at 40 CFR Part Actions? Air Quality Management Dist. (SCAQMD) v. EPA, 472 F.3d 882 (D.C. 93. The Murray County Area was never designated nonattainment for the 1-hour On June 15, 2007, Georgia, through Cir. 2006). On June 8, 2007, in response ozone standard and thus does not have the GA EPD, submitted a request to to several petitions for rehearing, the 1-hour MVEBs to consider. redesignate Murray County to D.C. Circuit Court clarified that the attainment for the 8-hour ozone For the above reasons, and those set Phase 1 Rule was vacated only with forth in the August 29, 2007, proposal standard, and for EPA approval of the regard to those parts of the Rule that had Georgia SIP revision containing a for the redesignation of the Murray been successfully challenged. Therefore, County Area, EPA does not believe that maintenance plan for the Murray the Phase 1 Rule provisions related to County Area. In an action published on the Court’s rulings alter any classifications for areas currently August 29, 2007 (72 FR 49679), EPA requirements relevant to this classified under subpart 2 of title I, part proposed to approve the redesignation redesignation action so as to preclude D of the CAA as 8-hour nonattainment of Murray County to attainment. EPA redesignation, and do not prevent EPA areas, the 8-hour attainment dates and also proposed approval of Georgia’s from finalizing this redesignation. EPA the timing for emissions reductions plan for maintaining the 8-hour NAAQS believes that the Court’s December 22, needed for attainment of the 8-hour as a SIP revision, and proposed to 2006, and June 8, 2007, decisions ozone NAAQS, remain effective. The approve the 2018 regional MVEBs for impose no impediment to moving June 8th decision left intact the Court’s the Murray County Area that were forward with redesignation of Murray rejection of EPA’s reasons for contained in the maintenance plan. In County to attainment. Even in light of implementing the 8-hour standard in the August 29, 2007, proposed action, the Court’s decisions, redesignation is certain nonattainment areas under EPA also provided information on the appropriate under the relevant subpart 1 in lieu of subpart 2. By status of its transportation conformity redesignation provisions of the CAA limiting the vacatur, the Court let stand adequacy determination for the Macon and longstanding policies regarding EPA’s revocation of the 1-hour standard Area MVEBs. EPA received no redesignation requests. and those anti-backsliding provisions of comments on the August 29, 2007, the Phase 1 Rule that had not been II. What Actions Is EPA Taking? proposal. In this action, EPA is also finalizing successfully challenged. The June 8th EPA is taking final action to approve its determination that the new regional decision affirmed the December 22, Georgia’s redesignation request and to MVEBs for the Macon Area are adequate 2006, decision that EPA had improperly change the legal designation of the for transportation conformity purposes. failed to retain measures required for 1- Murray County Area from The MVEBs included in the hour nonattainment areas under the nonattainment to attainment for the 8- maintenance plan are as follows: anti-backsliding provisions of the hour ozone NAAQS. The Murray regulations: (1) Nonattainment area New County Area is comprised of the portion MURRAY COUNTY 2018 MVEBS Source Review (NSR) requirements of Murray County that makes up the based on an area’s 1-hour nonattainment Chattahoochee National Forest. EPA is [Tons per day] classification; (2) Section 185 penalty also approving Georgia’s 8-hour ozone fees for 1-hour severe or extreme maintenance plan for the Murray 2018 nonattainment areas; and (3) measures County Area (such approval being one VOCs ...... 0.0117 to be implemented pursuant to section of the CAA criteria for redesignation to NOX ...... 0.0129 172(c)(9) or 182(c)(9) of the CAA, on the attainment status). The maintenance contingency of an area not making plan is designed to help keep Murray EPA’s adequacy public comment reasonable further progress toward County in attainment for the 8-hour period on these MVEBs (as contained in attainment of the 1-hour NAAQS, or for ozone NAAQS through 2018. These Georgia’s submittal) began on June 21, failure to attain that NAAQS. The June approval actions are based on EPA’s 2007, and closed on July 23, 2007. No 8th decision clarified that the Court’s determination that Georgia has comments were received during EPA’s reference to conformity requirements for demonstrated that the Murray County adequacy public comment period. anti-backsliding purposes was limited to Area has met the criteria for Through this Federal Register notice, requiring the continued use of 1-hour redesignation to attainment specified in EPA is finding the 2018 regional MVEBs until 8-hour budgets were the CAA, including a demonstration MVEBs, as contained in Georgia’s available for 8-hour conformity that the Murray County Area has submittal, adequate. These MVEBs meet determinations, which is already attained the 8-hour ozone standard. the adequacy criteria contained in the required under EPA’s conformity EPA’s analyses of Georgia’s 8-hour Transportation Conformity Rule. The regulations. The Court thus clarified ozone redesignation request and

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maintenance plan are described in the 8-hour ozone NAAQS, and Indian tribes, or on the distribution of detail in the proposed rule published establishes regional MVEBs for the year power and responsibilities between the August 29, 2007 (72 FR 49679). 2018 for Murray County. Federal Government and Indian tribes, Consistent with the CAA, the as specified by Executive Order 13175 V. Final Action maintenance plan that EPA is approving (65 FR 67249, November 9, 2000). This also includes 2018 regional MVEBs for After evaluating Georgia’s action also does not have Federalism NOX and VOCs for the Murray County redesignation request, EPA is taking implications because it does not have Area. In this action, EPA is approving final action to approve the redesignation substantial direct effects on the states, these 2018 MVEBs. For regional and change the legal designation of on the relationship between the national emission analysis years that involve Murray County, Georgia from government and the states, or on the years prior to 2018, there are no nonattainment to attainment for the 8- distribution of power and applicable budgets (for the purpose of hour ozone NAAQS. Through this responsibilities among the various conducting transportation conformity action, EPA is also approving into the levels of government, as specified in analyses), so the transportation Georgia SIP the 8-hour ozone Executive Order 13132 (64 FR 43255, conformity partners should consult with maintenance plan for the Murray August 10, 1999). This action merely the area’s interagency consultation County Area, which includes the new affects the status of a geographical area, group to determine the appropriate regional 2018 MVEBs of 0.0117 tpd for does not impose any new requirements interim tests to use. For regional VOCs, and 0.0129 tpd for NOX. EPA is on sources or allow a state to avoid emission analysis years that involve the also finding adequate and approving the adopting or implementing other year 2018 and beyond, the applicable new 2018 regional MVEBs contained in requirements, and does not alter the budgets, for the purpose of conducting Georgia’s maintenance plan for the relationship or the distribution of power transportation conformity analyses, are Murray County Area. If transportation and responsibilities established in the the new 2018 MVEBs. In this action, conformity is implemented in this area, CAA. This rule also is not subject to EPA is also finding adequate and the Georgia transportation partners will Executive Order 13045, ‘‘Protection of approving the Murray County Area’s need to use these new MVEBs pursuant Children from Environmental Health new regional MVEBs for NOX and to 40 CFR 93.104(e) as effectively Risks and Safety Risks’’ (62 FR 19885, VOCs. amended by section 172(c)(2)(E) of the April 23, 1997), because it is not CAA as added by the Safe, Accountable, III. Why Are We Taking These Actions? economically significant and because Flexible, Efficient Transportation Equity the Agency does not have reason to EPA has determined that the Murray Act—A Legacy for Users (SAFETEA– believe that the rule concerns an County Area has attained the 8-hour LU), which was signed into law on environmental health risk or safety risk ozone standard and has also determined August 10, 2005. that may disproportionately affect that Georgia has demonstrated that all children. other criteria for the redesignation of the VI. Statutory and Executive Order Reviews In reviewing SIP submissions, EPA’s Murray County Area from role is to approve state choices, nonattainment to attainment of the 8- Under Executive Order 12866 (58 FR provided that they meet the criteria of hour ozone NAAQS have been met. See 51735, October 4, 1993), this action is the CAA. In this context, in the absence section 107(d)(3)(E) of the CAA. EPA is not a ‘‘significant regulatory action’’ and of a prior existing requirement for the also taking final action to approve the therefore is not subject to review by the State to use voluntary consensus maintenance plan for Murray County as Office of Management and Budget. For standards (VCS), EPA has no authority meeting the requirements of sections this reason, this action is also not to disapprove a SIP submission for 175A and 107(d) of the CAA. subject to Executive Order 13211, failure to use VCS. It would thus be Furthermore, EPA is finding adequate ‘‘Actions Concerning Regulations That inconsistent with applicable law for and approving the new 2018 regional Significantly Affect Energy Supply, EPA, when it reviews a SIP submission, MVEBs contained in Georgia’s Distribution, or Use’’ (66 FR 28355, May to use VCS in place of a SIP submission maintenance plan because these MVEBs 22, 2001). This action merely approves that otherwise satisfies the provisions of are consistent with maintenance for the state law as meeting Federal the CAA. Thus, the requirements of Murray County Area. In the August 29, requirements and imposes no additional section 12(d) of the National 2007, proposal to redesignate Murray requirements beyond those imposed by Technology Transfer and Advancement County, EPA described the applicable state law. Accordingly, the Act of 1995 (15 U.S.C. 272 note) do not criteria for redesignation to attainment Administrator certifies that this rule apply. This rule does not impose an and its analysis of how those criteria will not have a significant economic information collection burden under the have been met. The rationale for EPA’s impact on a substantial number of small provisions of the Paperwork Reduction findings and actions is set forth in the entities under the Regulatory Flexibility Act of 1995 (44 U.S.C. 3501 et seq.). proposed rulemaking and summarized Act (5 U.S.C. 601 et seq.). Because this The Congressional Review Act, 5 in this final rulemaking. rule approves pre-existing requirements U.S.C. 801 et seq., as added by the Small under state law and does not impose Business Regulatory Enforcement IV. What Are the Effects of These any additional enforceable duty beyond Fairness Act of 1996, generally provides Actions? that required by state law, it does not that before a rule may take effect, the Approval of the redesignation request contain any unfunded mandate or agency promulgating the rule must changes the legal designation of the significantly or uniquely affect small submit a rule report, which includes a Murray County Area, Georgia for the 8- governments, as described in the copy of the rule, to each House of the hour ozone NAAQS, found at 40 CFR Unfunded Mandates Reform Act of 1995 Congress and to the Comptroller General part 81. The approval also incorporates (Pub. L. 104–4). of the United States. EPA will submit a into the Georgia SIP a plan for This rule also does not have tribal report containing this rule and other maintaining the 8-hour ozone NAAQS implications because it will not have a required information to the U.S. Senate, in Murray County through 2018. The substantial direct effect on one or more the U.S. House of Representatives, and maintenance plan includes contingency Indian tribes, on the relationship the Comptroller General of the United measures to remedy future violations of between the Federal Government and States prior to publication of the rule in

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the Federal Register. A major rule List of Subjects PART 52—[AMENDED] cannot take effect until 60 days after it 40 CFR Part 52 is published in the Federal Register. I 1. The authority citation for part 52 This action is not a ‘‘major rule’’ as Environmental protection, Air continues to read as follows: defined by 5 U.S.C. 804(2). pollution control, Intergovernmental Authority: 42 U.S.C. 7401 et seq. Under section 307(b)(1) of the CAA, relations, Nitrogen dioxide, Ozone, petitions for judicial review of this Reporting and recordkeeping Subpart L—Georgia action must be filed in the United States requirements, Volatile organic Court of Appeals for the appropriate compounds. I 2. Section 52.570 is amended by circuit by December 17, 2007. Filing a adding a new entry at the end of the petition for reconsideration by the 40 CFR Part 81 table for ‘‘26. Murray County 8-hour Administrator of this final rule does not affect the finality of this rule for the Environmental protection, Air Ozone Maintenance Plan’’ to read as purposes of judicial review nor does it pollution control, National parks, follows: Wilderness areas. extend the time within which a petition § 52.570 Identification of plan. for judicial review may be filed, and Dated: October 4, 2007. * * * * * shall not postpone the effectiveness of Russell L. Wright, Jr., (e) * * * such rule or action. This action may not Acting Regional Administrator, Region 4. be challenged later in proceedings to enforce its requirements. (See section I 40 CFR part 52 and 81 are amended 307(b)(2) of the CAA.) as follows:

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Applicable geographic or State submittal date/effec- Name of nonregulatory SIP provision nonattainment area tive date EPA approval date

******* 26. Murray County 8-hour Ozone Maintenance Plan .... Murray County ...... June 15, 2007 ...... October 16, 2007 [Insert first page of publication].

PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. ‘‘Monroe County (part),’’ to read as follows: I I 3. The authority citation for part 81 4. In § 81.311, the table entitled ‘‘Georgia-Ozone (8–Hour Standard)’’ is § 81.311 Georgia. continues to read as follows: amended by revising the entry for * * * * *

GEORGIA-OZONE [8-Hour standard]

Designation a Category/classification Designated area Date 1 Type Date 1 Type

******* Murray Co (Chattahoochee Nat Forest), GA: Murray County 11/15/07 Attainment. (part). The area enclosed to the east by Murray County’s eastern border, to the north by latitude of 34.9004 degrees, to the west by longitude 84.7200 degrees, and to the south by 34.7040 degrees. All mountain peaks within the Chat- tahoochee National Forest area of Murray County that have an elevation greater than or equal to 2,400 feet and that are enclosed by contour lines that close on them- selves.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.

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* * * * * i.e., Confidential Business Information season cap-and-trade programs. The SIP [FR Doc. E7–20340 Filed 10–15–07; 8:45 am] (CBI) or other information whose revision provides a methodology for BILLING CODE 6560–50–P disclosure is restricted by statute. allocating NOX allowances for the NOX Certain other material, such as annual and NOX ozone season trading copyrighted material, is not placed on programs, instead of the Federal ENVIRONMENTAL PROTECTION the Internet and will be publicly allocation methodology otherwise AGENCY available only in hard copy form. provided in the FIP. Consistent with the Publicly available docket materials are flexibility provided in the FIP, these 40 CFR Parts 52 and 97 available either electronically through provisions will be used to replace or [EPA–R05–OAR–2007–0405; FRL–8477–6] www.regulations.gov or in hard copy at supplement, as appropriate, the the Environmental Protection Agency, corresponding provisions in the CAIR Approval of Implementation Plans; Region 5, Air and Radiation Division, 77 FIP for Wisconsin. EPA is not making Wisconsin; Clean Air Interstate Rule West Jackson Boulevard, Chicago, any changes to the CAIR FIP, but is, to Illinois 60604. This facility is open from the extent EPA approves Wisconsin’s AGENCY: Environmental Protection 8:30 a.m. to 4:30 p.m., Monday through SIP revision, amending the appropriate Agency (EPA). Friday, excluding Federal holidays. We appendices in the CAIR FIP trading ACTION: Final rule. recommend that you telephone Douglas rules simply to note that approval. EPA is disapproving certain separable SUMMARY: EPA is partially approving Aburano, Environmental Engineer, at provisions of Wisconsin’s submittal. and partially disapproving a revision to (312) 353–6960, before visiting the These provisions include NR 432.04 the Wisconsin State Implementation Region 5 office. ‘‘compliance supplement pool’’ and NR Plan (SIP) submitted on June 19, 2007. FOR FURTHER INFORMATION CONTACT: 432.08 ‘‘superior environmental The Wisconsin SIP revision was Douglas Aburano, Environmental performance.’’ NR 432.04 includes proposed for partial approval and Engineer, Criteria Pollutant Section, Air provisions that are inconsistent with partial disapproval on July 30, 2007. No Programs Branch (AR–18J), CAIR. NR 432.08 would allow sources comments were received during the Environmental Protection Agency, to make voluntary reductions beyond comment period for the proposal. This Region 5, 77 West Jackson Boulevard, state and Federal requirements in revision incorporates provisions related Chicago, Illinois 60604, (312) 353–6960, exchange for regulatory flexibility. [email protected]. to the implementation of EPA’s Clean NR 432.04 contains the provisions Air Interstate Rule (CAIR), promulgated SUPPLEMENTARY INFORMATION: Wisconsin has adopted for distribution on May 12, 2005, and subsequently of the CSP. Consistent with the revised on April 28, 2006, and Table of Contents I. What Action Is EPA Taking? flexibility given to states in the FIP, December 13, 2006, and the CAIR Wisconsin has chosen to modify the Federal Implementation Plan (FIP) II. Did Anyone Comment on the Proposed provisions of the CAIR NO annual FIP which concerns sulfur dioxide (SO ), Partial Approval and Partial X 2 Disapproval? concerning the allocation of allowances oxides of nitrogen (NO ) annual, and X III. What Are the General Requirements of from the CSP. Wisconsin has chosen to NO ozone season emissions for the X CAIR and the CAIR FIPs? distribute CSP allowances based on State of Wisconsin, promulgated on IV. Wisconsin’s CAIR SIP Submittal early reduction credits or based on the April 28, 2006, and subsequently A. Nature of Wisconsin’s Submittal need to avoid undue risk to electric revised December 13, 2006. EPA is not B. Summary of Wisconsin’s Rules reliability. The first methodology based C. NO Allowance Allocations making any changes to the CAIR FIP, X on early reduction credits essentially but is, to the extent EPA approves D. Allocation of Allowances from the Compliance Supplement Pool (CSP) mirrors the FIP’s early reduction credit Wisconsin’s SIP revision, amending the methodology. appropriate appendices in the CAIR FIP E. Individual Opt-in Units F. Additional Provision Found in The description in Wisconsin’s rule of trading rules simply to note that Wisconsin’s Abbreviated CAIR SIP the second methodology based on need approval. Submittal is somewhat unclear. EPA interprets the EPA is approving an abbreviated SIP V. Correction of Typographical Error in provision to require a demonstration revision that addresses the methodology Proposed Rule that a unit cannot avoid undue risk to to be used to allocate annual and ozone VI. Final Action electric reliability if it keeps its season NOX allowances under the CAIR VII. When Is This Action Effective? emissions in 2009 from exceeding its FIP, except for allowances in the VIII. Statutory and Executive Order Reviews 2009 allowance allocation. Even if the compliance supplement pool. The I. What Action Is EPA Taking? unit could obtain additional allowances portions of Wisconsin’s submittal (those to cover emissions above its allocation, associated with the compliance CAIR SIP Partial Approval and Partial and thereby comply with the supplement pool and Superior Disapproval requirement to hold allowances Environmental Performance) that EPA is EPA is partially approving and covering emissions, the unit would still disapproving are inconsistent with partially disapproving a revision to be eligible for CSP allowances. In CAIR and/or otherwise inappropriate to Wisconsin’s SIP, submitted on June 19, contrast, EPA’s CSP provisions in the include in a CAIR SIP and must, 2007, which modifies the application of model rule, the FIP, and CAIR require therefore, be disapproved. certain provisions of the CAIR FIP a demonstration that, without being DATES: This final rule is effective on concerning SO2, NOX annual and NOX given CSP allowances, a unit cannot October 16, 2007. ozone season emissions. (As discussed avoid undue risk while keeping its 2009 ADDRESSES: EPA has established a below, this less comprehensive CAIR emissions from exceeding all the docket for this action under Docket ID SIP is termed an abbreviated SIP.) allowances it holds, both its 2009 No. EPA–R05–OAR–2007–0405. All Wisconsin is subject to the CAIR FIP allowance allocations and other documents in the docket are listed on that implements the CAIR requirements allowances it can obtain for compliance. the www.regulations.gov Web site. by requiring certain EGUs to participate Thus, Wisconsin’s provision is Although listed in the index, some in the EPA-administered Federal CAIR inconsistent with EPA’s CSP provisions. information is not publicly available, SO2, NOX annual, and NOX ozone Moreover, since Wisconsin’s entire CSP

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is available for units meeting either the participate in the EPA-administered requirements are met. These early reduction credit or the undue risk trading programs. With two exceptions, requirements relate to the timing of criteria, the early reduction credit and only states that choose to meet the submission of units, allocations to the undue risk provisions cannot be requirements of CAIR through methods Administrator for recordation and the administered separately, and the that exclusively regulate EGUs are total amount of allowances allocated for Wisconsin CSP must be administered by allowed to participate in the EPA- each control period. In adopting a single agency. Consequently, EPA is administered trading programs. One alternative NOX allowance allocation disapproving all of Wisconsin’s CSP exception is for states that adopt the methodologies, States have flexibility provisions. This portion of Wisconsin’s opt-in provisions of the model rules to with regard to: SIP submittal is separable from the rest allow non-EGUs individually to opt into 1. The cost to recipients of the of the submittal and can be disapproved the EPA-administered trading programs. allowances, which may be distributed without compromising the integrity of The other exception is for states that for free or auctioned; the portions we are approving. include all non-EGUs from their NOX 2. The frequency of allocations; NR 432.08 would grant regulatory SIP Call trading programs in their CAIR 3. The basis for allocating allowances, which may be distributed, for example, flexibility to sources that voluntarily NOX ozone season trading programs. reduce emissions beyond what is based on historical heat input or electric required under state and Federal IV. Wisconsin’s CAIR SIP Submittal and thermal output; and 4. The use of allowance set-asides regulations. The scope of regulatory A. Nature of Wisconsin’s Submittal flexibility provided by NR 432.08 is and, if used, their size. ambiguous. To the extent this flexibility On June 19, 2007, Wisconsin Subchapter NR 432.01 entitled, relates to state-only regulatory submitted a request to process their ‘‘Applicability; purpose’’ consolidates requirements, the regulatory provisions rules for addressing CAIR requirements. the applicability and purpose section for are not appropriately included in a SIP. The rules became effective at the state both the annual and ozone season To the extent this flexibility relates to level on August 1, 2007. The Wisconsin trading programs. While the FIP already Federal requirements reflected in state Department of Natural Resources contains an applicability section, the regulations, this type of flexibility is not (WDNR) held hearings on these state is required to adopt this section to allowed under CAIR, and it is proposed rules on October 10 and satisfy its own rulemaking inappropriate to simply assume that October 12, 2006. The 30-day public requirements. Wisconsin is adopting the other Federal requirements allow such comment period for the proposed rules applicability section to apply only to the flexibility. Therefore, the regulatory ended on October 23, 2006. allocation methodology in their rule but this does not affect the applicability of flexibility provisions cannot be B. Summary of Wisconsin’s Rules included in Wisconsin’s CAIR the CAIR FIP. abbreviated SIP revision and cannot be The WDNR submitted Chapter NR 432 Subchapter NR 432.02 entitled, approved. of the Wisconsin Administrative Code ‘‘Definitions’’ adopts many of the CAIR Chapters Related to Air Pollution FIP definitions but is rewritten in a II. Did Anyone Comment on the Control, entitled ‘‘Allocation of Clean format to conform to the state’s Proposed Partial Approval and Partial Air Interstate Rule NOX Allowances’’ for regulatory writing style requirements. Disapproval? inclusion in the Wisconsin SIP. These While the FIP already contains a No comments were received during rules are designed to address the definitions section, the state is required the 30-day comment period on the requirements of the CAIR. to adopt this section to satisfy its own proposed partial approval and partial Chapter NR 432 includes eight rulemaking requirements. Wisconsin is disapproval that was published on July subparts: adopting the definition section to apply 30, 2007. 1. NR 432.01 Applicability; purpose only to the allocation methodology in 2. NR 432.02 Definitions their rule but this does not affect the III. What Are the General Requirements 3. NR 432.03 CAIR NOX allowance applicability of the CAIR FIP. of CAIR and the CAIR FIPs? allocation Additionally, WDNR has added CAIR establishes statewide emission 4. NR 432.04 Compliance supplement definitions not found in the CAIR FIP. budgets for SO2 and NOX and is to be pool These definitions are included to implemented in two phases. The first 5. NR 432.05 CAIR NOX ozone season address the fact that Wisconsin’s rule phase of NOX reductions starts in 2009 allowance allocation allocates allowances to renewable and continues through 2014, while the 6. NR 432.06 Timing requirements for energy sources, which the FIP does not first phase of SO2 reductions starts in allocations of CAIR NOX allowances do, and to address the fact that 2010 and continues through 2014. The and CAIR NOX ozone season Wisconsin allocates allowances to second phase of reductions for both allowances emitting sources based on energy output NOX and SO2 starts in 2015 and 7. NR 432.07 CAIR renewable units rather than heat input. The CAIR FIP continues thereafter. CAIR requires 8. NR 432.08 Superior environmental uses a heat input based allocation states to implement the budgets by performance methodology. either: (1) Requiring EGUs to participate A detailed description of the rule and its Consistent with the flexibility given to in the EPA-administered cap-and-trade subparts can be found in the proposed states in the CAIR FIP, Wisconsin has programs; or, (2) adopting other control partial approval/partial disapproval chosen to replace the provisions of the measures of the state’s choosing and published in the Federal Register on CAIR NOX annual FIP concerning the demonstrating that such control July 30, 2007 (72 FR 41669). allocation of NOX annual allowances measures will result in compliance with with its own methodology. NR 432.03 C. NOX Allowance Allocations the applicable state SO2 and NOX contains the provisions for the NOX budgets. The CAIR FIP provides States the annual allowance distribution The May 12, 2005, and April 28, 2006, flexibility to establish a different NOX methodology Wisconsin has adopted. CAIR rules provide model rules that allowance allocation methodology that Wisconsin has chosen to distribute NOX states must adopt (with certain limited will be used to allocate allowances to annual allowances based upon gross changes, if desired), if they want to sources in the States if certain electrical output. The CAIR FIP

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allocates allowances to NOX emitting allocation purposes occurs every five early reduction credits or based on the sources only, and issues allowances on years beginning in 2011. The initial need to avoid undue risk to electric a fuel-weighted basis. Wisconsin’s rule allocation of allowances for the years reliability. The first methodology based utilizes a different approach, which 2009–2014 is set forth in NR 432.05. on early reduction credits essentially allocates allowances to renewable NR 432.06 describes the timing mirrors the FIP’s early reduction credit energy units, as well as NOX emitting requirements for allocating both NOX methodology. sources, and does not issue allowances annual allowances and NOX ozone The description in Wisconsin’s rule of on a fuel-weighted basis. For units that season allowances. These requirements the second methodology based on need have operated for five or more are consistent with the timing is somewhat unclear. EPA interprets the consecutive years, allocations are requirements for allocating allowances provision to require a demonstration determined based on the unit’s three under an abbreviated SIP scenario found that a unit cannot avoid undue risk to highest annual gross electrical outputs. in 40 CFR 51.123 and are, therefore, electric reliability if it keeps its Wisconsin has created a new unit set- being approved. emissions in 2009 from exceeding its aside for sources that have fewer than Since Wisconsin has chosen to 2009 allowance allocation. Even if the five years of operating data. The new allocate both NOX annual and NOX unit could obtain additional allowances unit set-aside is equal to seven percent ozone season allowances to renewable to cover emissions above its allocation, energy units, the state has adopted of the number of NOX annual and thereby comply with the allocations that new unit can request provisions specifically for these sources. requirement to hold allowances from the new unit set-aside and is These provisions are found in NR covering emissions, the unit could be limited by the number of the unit’s total 432.07 which requires renewable units given CSP allowances. In contrast, to comply with the same trading tons of NOX emissions during the EPA’s CSP provisions in the model rule, calendar year immediately preceding requirements that apply to the regulated the FIP, and CAIR require a the calendar year of the request. EGUs, such as designating an account demonstration that, without being given Updating of unit baselines for allocation representative who represents the unit CSP allowances, a unit cannot avoid purposes occurs every five years in any trading activity, establishing undue risk while keeping its 2009 beginning in 2011. The initial allocation accounts for the NOX trading programs, emissions from exceeding all the of allowances for the years 2009–2014 is and the process for requesting NOX allowances it holds, both its 2009 set forth in NR 432.03. allowances. allowance allocations and other allowances it can obtain for compliance. In a similar manner, Wisconsin has D. Allocation of NOX Allowances From the Compliance Supplement Pool (CSP) Thus, Wisconsin’s provision is developed an ozone season NOX budget inconsistent with EPA’s CSP provisions. consistent with the flexibility given to The CSP provides an incentive for Moreover, since Wisconsin’s entire CSP states in the CAIR FIP. Wisconsin has early reductions in NOX annual is available for units meeting either the chosen to replace the provisions of the emissions. The CSP consists of 200,000 early reduction credit or the undue risk CAIR NOX ozone season FIP concerning CAIR NOX annual allowances for 2009 criteria, the early reduction credit and the allocation of NOX annual allowances for the entire CAIR region, and a state’s undue risk provisions cannot be with its own methodology. NR 432.05 share of the CSP is based upon the administered separately, and the contains the provisions for the NOX state’s share of the projected emission Wisconsin CSP must be administered by ozone season allowance distribution reductions under CAIR. States may a single agency. Consequently, EPA is methodology that Wisconsin has distribute CSP allowances, one disapproving all of Wisconsin’s CSP adopted. Wisconsin has chosen to allowance for each ton of early provisions. This portion of Wisconsin’s distribute NOX ozone season allowances reduction, to sources that make NOX SIP submittal is separable from the rest based upon gross electrical output. The reductions during 2007 or 2008 beyond of the submittal and can be disapproved CAIR FIP allocates allowances to NOX what is required by any applicable state without compromising the integrity of emitting sources only, and issues or Federal emission limitation. States the portions we are approving. allowances on a fuel-weighted basis. also may distribute CSP allowances In the absence of approved CSP Wisconsin’s rule uses a different based upon a demonstration of need for provisions in an abbreviated CAIR SIP, approach, which allocates allowances to an extension of the 2009 deadline for the FIP provisions for the allocation of renewable energy units, as well as NOX implementing emission controls. CSP allowances continue to apply in emitting sources, and does not issue The CAIR NOX annual FIP establishes Wisconsin. allowances on a fuel-weighted basis. specific methodologies for allocations of Under Wisconsin’s rule, the three CSP allowances. States may choose an E. Individual Opt-in Units highest ozone season amounts of the allowed, alternative CSP allocation The opt-in provisions allow for unit’s gross electrical output will be the methodology to be used to allocate CSP certain non-EGUs (i.e., boilers, basis for determining that unit’s allowances to sources in those states. combustion turbines, and other allocations for units that have operated See 40 CFR 51.123(p)(2) (requiring that stationary fossil-fuel-fired devices) that for five or more consecutive years. State CSP provisions be consistent with do not meet the applicability criteria for Additionally, Wisconsin has created a the model rule at 40 CFR 96.143, the FIP a CAIR trading program to participate new unit set-aside for sources that have at 40 CFR 97.143, or CAIR at 40 CFR voluntarily in (i.e., opt into) the CAIR fewer than five years of operating data. 51.123(e)(4)). trading program. A non-EGU may opt The new unit set-aside is equal to seven Consistent with the flexibility given to into one or more of the CAIR trading percent of the total trading budget. The states in the FIP, Wisconsin has chosen programs. In order to qualify to opt into number of NOX ozone season to modify the provisions of the CAIR a CAIR trading program, a unit must allocations that a new unit can request NOX annual FIP concerning the vent all emissions through a stack and from the new unit set-aside is limited by allocation of allowances from the CSP. be able to meet monitoring, the number of that unit’s total tons of NR 432.04 contains the provisions recordkeeping, and recording NOX emissions during the ozone season Wisconsin has adopted for distribution requirements of 40 CFR part 75. The preceding the calendar year of the of the CSP. Wisconsin has chosen to owners and operators seeking to opt a request. Updating of unit baselines for distribute CSP allowances based on unit into a CAIR trading program must

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apply for a CAIR opt-in permit. If the Wisconsin’s CAIR SIP Submittal, U.S.C. 553(d)(1), which provides that unit is issued a CAIR opt-in permit, the subsection C. State Budgets for rule actions may become effective less unit becomes a CAIR unit, is allocated Allowance Allocations, we stated, ‘‘The than 30 days after publication if the rule allowances, and must meet the same CAIR FIP established the budgets for ‘‘grants or recognizes an exemption or allowance-holding and emissions Wisconsin as * * * 17,987 tons for NOX relieves a restriction’’ and section 5 monitoring and reporting requirements ozone season emissions for 2010–2014 U.S.C. 553(d)(3), which allows an as other units subject to the CAIR ***’’ We are correcting this to read, effective date less than 30 days after trading program. The opt-in provisions ‘‘The CAIR FIP established the budgets publication ‘‘as otherwise provided by provide for two methodologies for for Wisconsin as * * * 17,987 tons for the agency for good cause found and allocating allowances for opt-in units, NOX ozone season emissions for 2009– published with the rule.’’ one methodology that applies to opt-in 2014 * * *’’ As stated earlier in that CAIR SIP approvals relieve states and units in general and a second same subsection NOX budgets, both CAIR sources within states from being methodology that allocates allowances seasonal and annual, were developed subject to allowance allocation only to opt-in units that the owners and for the 2009–2014 period. provisions in the CAIR FIPs that operators intend to repower before VI. Final Action otherwise would apply to it, allowing January 1, 2015. States to make their own allowance EPA is partially approving and States have several options allocations based on their SIP-approved partially disapproving Wisconsin’s concerning the opt-in provisions. The State rule. The relief from these abbreviated CAIR SIP revision rules for each of the CAIR FIP trading obligations is sufficient reason to allow submitted on June 19, 2007. Wisconsin programs include opt-in provisions that an expedited effective date of this rule is covered by the CAIR FIP, which are essentially the same as those in the under 5 U.S.C. 553(d)(1). In addition, requires participation in the EPA- respective CAIR SIP model rules, except Wisconsin’s relief from these obligations administered CAIR FIP cap-and-trade that the CAIR FIP opt-in provisions provides good cause to make this rule programs for SO , NO annual, and NO become effective in a state only if the 2 X X effective October 16, 2007, pursuant to state’s abbreviated SIP revision adopts ozone season emissions. Under this abbreviated SIP revision and consistent 5 U.S.C. 553(d)(3). The purpose of the the opt-in provisions. The state may 30-day waiting period prescribed in 5 adopt the opt-in provisions entirely or with the flexibility given to states in the FIP, Wisconsin has adopted provisions U.S.C. 553(d) is to give affected parties may adopt them but exclude one of the a reasonable time to adjust their allowance allocation methodologies. for allocating allowances under the CAIR FIP NO annual and NO ozone behavior and prepare before the final The state also has the option of not X X rule takes effect. Where, as here, the adopting any opt-in provisions in the season trading programs. As provided for in the CAIR FIP, these provisions in final rule relieves obligations rather abbreviated SIP revision and thereby than imposes obligations, affected providing for the CAIR FIP trading the abbreviated SIP revision will replace or supplement the corresponding parties, such as the State of Wisconsin program to be implemented in the state and CAIR sources within the State, do without the ability for units to opt into provisions of the CAIR FIP in Wisconsin. These provisions in not need time to adjust and prepare the program. before the rule takes effect. Consistent with the flexibility given to Wisconsin’s abbreviated SIP revision states in the FIP, Wisconsin has chosen meet the applicable requirements in 40 VIII. Statutory and Executive Order not to allow non-EGUs meeting certain CFR 51.123(p) and (ee), with regard to Reviews requirements to participate in the CAIR NOX annual and NOX ozone season Under Executive Order 12866 (58 FR NO annual trading program, the CAIR emissions. EPA is not making any X 51735, October 4, 1993), this action is NO ozone season trading program, or changes to the CAIR FIP, but is, to the X not a ‘‘significant regulatory action’’ the CAIR SO2 trading program. extent EPA approves Wisconsin’s SIP revision, amending the appropriate and, therefore, is not subject to review F. Additional Provision Found in appendices in the CAIR FIP trading by the Office of Management and Wisconsin’s Abbreviated CAIR SIP rules simply to note that approval. Budget. For this reason, this action is Submittal Wisconsin’s submittal also contains also not subject to Executive Order There is an additional provision that provisions that are inconsistent with 13211, ‘‘Actions Concerning Regulations Wisconsin has submitted as part of the requirements concerning the CSP and That Significantly Affect Energy Supply, abbreviated CAIR SIP. that grant unacceptable regulatory Distribution, or Use’’ (66 FR 28355, May NR 432.08 would allow sources to flexibility to some sources. EPA is 22, 2001). This action merely approves make voluntary reductions beyond state disapproving these portions of state law as meeting Federal and Federal requirements in exchange Wisconsin’s rule. We are able to requirements and would impose no for regulatory flexibility. For the reasons disapprove these specific portions of additional requirements beyond those discussed above, we are disapproving Wisconsin’s submittal because they are imposed by state law. Accordingly, the this portion of Wisconsin’s CAIR separable from the rest of Wisconsin’s Administrator certifies that this rule abbreviated SIP. This portion is submittal and disapproving only these would not have a significant economic separable from the rest of Wisconsin’s parts has no effect on the rest of the impact on a substantial number of small SIP submittal and can be disapproved submittal that we are approving. entities under the Regulatory Flexibility without compromising the integrity of Act (5 U.S.C. 601 et seq.). Because this VII. When Is This Action Effective? the portions we are approving. action approves pre-existing EPA finds that there is good cause for requirements under state law and would V. Correction of Typographical Error in this approval to become effective on not impose any additional enforceable Proposed Rule October 16, 2007, because a delayed duty beyond that required by state law, We would like to point out a effective date is unnecessary due to the it does not contain any unfunded typographical error in the proposed nature of the approval, which allows the mandate or significantly or uniquely partial approval/partial disapproval State to make allocations under its CAIR affect small governments, as described published on July 31, 2007 (72 FR rules. The expedited effective date for in the Unfunded Mandates Reform Act 41669). In section, V. Analysis of this action is authorized under both 5 of 1995 (Pub. L. 104–4).

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This rule also does not have tribal 40 CFR Part 97 1. * * * Wisconsin implications because it would not have Environmental protection, Air a substantial direct effect on one or pollution control, Electric utilities, * * * * * more Indian tribes, on the relationship Intergovernmental relations, Nitrogen I 5. Appendix A to Subpart EEEE is between the Federal Government and oxides, Ozone, Particulate matter, amended by adding the entry for Indian tribes, or on the distribution of Reporting and recordkeeping ‘‘Wisconsin’’ in alphabetical order to power and responsibilities between the requirements, Sulfur dioxide. read as follows: Federal Government and Indian tribes, Dated: September 21, 2007. as specified by Executive Order 13175 Appendix A to Subpart EEEE of Part (65 FR 67249, November 9, 2000). This Bharat Mathur, 97—States With Approved State action also does not have Federalism Acting Regional Administrator, Region 5. Implementation Plan Revisions implications because it would not have I 40 CFR part 52 is amended as follows: Concerning Allocations substantial direct effects on the States, PART 52—[AMENDED] * * * * * on the relationship between the national Wisconsin government and the States, or on the I 1. The authority citation for part 52 * * * * * distribution of power and continues to read as follows: [FR Doc. E7–20165 Filed 10–15–07; 8:45 am] responsibilities among the various Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P levels of government, as specified in Executive Order 13132 (64 FR 43255, Subpart YY—Wisconsin August 10, 1999). This action merely ENVIRONMENTAL PROTECTION I approves a State rule implementing a 2. Section 52.2570 is amended by AGENCY Federal standard and amends the adding paragraph (c)(116) to read as appropriate appendices in the CAIR FIP follows: 40 CFR Parts 52 and 97 trading rules to note that approval. It § 52.2570 Identification of plan. [EPA–R05–OAR–2007–0390; FRL–8481–2] does not alter the relationship or the distribution of power and * * * * * (c) * * * Approval of Implementation Plans; responsibilities established in the Clean (116) A revision to the State Ohio; Clean Air Interstate Rule Air Act. This rule also is not subject to Implementation Plan (SIP) was Executive Order 13045 ‘‘Protection of AGENCY: Environmental Protection submitted by the Wisconsin Department Agency (EPA). Children from Environmental Health of Natural Resources on June 19, 2007. ACTION: Direct final rule. Risks and Safety Risks’’ (62 FR 19885, This revision consists of regulations to April 23, 1997), because it would meet the requirements of the Clean Air SUMMARY: approve a State rule implementing a EPA is approving a revision to Interstate Rule. the Ohio State Implementation Plan Federal Standard. (i) Incorporation by reference. The (SIP) submitted on September 26, 2007. In reviewing SIP submissions, EPA’s following sections of the Wisconsin Ohio initially submitted a SIP revision role is to approve state choices, Administrative Code are incorporated on April 17, 2007, with a proposed rule provided that they meet the criteria of by reference: NR 432.01 ‘‘Applicability; and then revised it and submitted a SIP the Clean Air Act. In this context, in the purpose’’; NR 432.02 ‘‘Definitions’’; NR revision with a final rule on September absence of a prior existing requirement 432.03 ‘‘CAIR NOX allowance 26, 2007. This SIP revision incorporates for the state to use voluntary consensus allocation’’; NR 432.05 ‘‘CAIR NOX provisions related to the standards (VCS), EPA has no authority ozone season allowance allocation’’; NR implementation of EPA’s Clean Air to disapprove a SIP submission for 432.06 ‘‘Timing requirements for Interstate Rule (CAIR), promulgated on failure to use VCS. It would thus be allocations of CAIR NOX allowances and May 12, 2005, and subsequently revised inconsistent with applicable law for CAIR NOX ozone season allowances’’; on April 28, 2006, and December 13, EPA, when it reviews a SIP submission, and NR 432.07 ‘‘CAIR renewable units’’, 2006, and the CAIR Federal to use VCS in place of a SIP submission as created and published in the Implementation Plan (CAIR FIP) (Wisconsin) Register, July, 2007, No. that otherwise satisfies the provisions of concerning sulfur dioxide (SO2), oxides 619, effective August 1, 2007. the Clean Air Act. Thus, the of nitrogen (NOX) annual, and NOX requirements of section 12(d) of the * * * * * ozone season emissions for the State of National Technology Transfer and I 40 CFR part 97 is amended as follows: Ohio, promulgated on April 28, 2006 Advancement Act of 1995 (15 U.S.C. and subsequently revised December 13, 272 note) do not apply. This rule would PART 97—[AMENDED] 2006. EPA is not making any changes to not impose an information collection I 3. The authority citation for part 97 the CAIR FIP, but is amending to the burden under the provisions of the continues to read as follows: extent EPA approves Ohio’s SIP Paperwork Reduction Act of 1995 (44 revision, the appropriate appendices in U.S.C. 3501 et seq.). Authority: 42 U.S.C. 7401, 7403, 7410, the CAIR FIP trading rules simply to 7426, 7601, and 7651, et seq. note that approval. List of Subjects I 4. Appendix A to Subpart EE is The Ohio SIP revision that was 40 CFR Part 52 amended by adding the entry for submitted on April 17, 2007, was a full Wisconsin in alphabetical order under CAIR SIP revision. In a letter submitted Environmental protection, Air paragraph 1. to read as follows: on September 26, 2007, Ohio requested pollution control, Electric utilities, that EPA consider the September 26, Incorporation by reference, Appendix A to Subpart EE of Part 97— 2007, submittal as two separate Intergovernmental relations, Nitrogen States With Approved State submittals, i.e., as a full CAIR SIP and oxides, Ozone, Particulate matter, Implementation Plan Revisions as an abbreviated CAIR SIP. Ohio Reporting and recordkeeping Concerning Allocations requested that EPA act on specific requirements, Sulfur dioxide. * * * * * portions of the September 26, 2007,

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submittal as an abbreviated CAIR SIP. If you send an e-mail comment directly A. State Budgets for Allowance Allocations Consequently, today, EPA is taking final to EPA without going through B. CAIR Cap-and-Trade Programs action only on the abbreviated SIP www.regulations.gov, your e-mail C. Applicability Provisions for Non-EGUs revision and not the full CAIR SIP address will be automatically captured NOX SIP Call Sources D. NO Allowance Allocations revision, which will be the subject of a and included as part of the comment X E. Allocation of NOX Allowances From the separate future action. EPA is approving that is placed in the public docket and Compliance Supplement Pool (CSP) Ohio’s abbreviated SIP revision that made available on the Internet. If you F. Individual Opt-in Units addresses the methodology used to submit an electronic comment, EPA VI. Final Action allocate annual and ozone season NOX recommends that you include your VII. Statutory and Executive Order Reviews allowances to affected electric name and other contact information in I. What Action Is EPA Taking? generating units (EGUs), and the opt-in the body of your comment and with any provisions, under the CAIR trading disk or CD–ROM you submit. If EPA CAIR SIP Approval programs and the CAIR FIP. cannot read your comment due to EPA is approving a revision to Ohio’s DATES: This direct final rule is effective technical difficulties and cannot contact SIP, submitted on September 26, 2007, December 17, 2007 without further you for clarification, EPA may not be that modifies the application of certain notice, unless EPA receives adverse able to consider your comment. provisions of the CAIR FIP concerning Electronic files should avoid the use of comment by November 15, 2007. If EPA SO2, NOX annual, and NOX ozone receives such comments, it will publish special characters and any form of season emissions. (As discussed below, a timely withdrawal of the direct final encryption and should be free of any this less comprehensive CAIR SIP is rule in the Federal Register and inform defects or viruses. For additional termed an abbreviated SIP.) Ohio is the public that the rule will not take information about EPA’s public docket subject to the CAIR FIPs that implement effect. visit the EPA Docket Center homepage the CAIR requirements by requiring at http://www.epa.gov/epahome/ ADDRESSES: Submit your comments, certain EGUs to participate in the EPA- dockets.htm. administered Federal CAIR SO , NO identified by Docket ID No. EPA–R05– Docket: All documents in the 2 X OAR–2007–0390, by one of the annual, and NOX ozone season cap-and- electronic docket are listed in the trade programs. The SIP revision following methods: www.regulations.gov index. Although 1. http://www.regulations.gov: Follow provides a methodology for allocating listed in the index, some information is the on-line instructions for submitting NOX allowances for the NOX annual and not publicly available, i.e., CBI or other comments. NOX ozone season trading programs. information whose disclosure is 2. E-mail: [email protected]. The CAIR FIPs provide that this 3. Fax: (312) 886–5824. restricted by statute. Certain other methodology will be used to allocate material, such as copyrighted material, 4. Mail: Reference EPA–R05–OAR– NOX allowances to sources in Ohio, 2007–0390 Docket, Air Programs is not placed on the Internet and will be instead of the federal allocation Branch, U.S. Environmental Protection publicly available only in hard copy methodology otherwise provided in the Agency, (AR–18J), 77 West Jackson form. Publicly available docket FIPs. The SIP revision provides a Boulevard, Chicago, Illinois 60604. materials are available either methodology for allocating the 5. Hand Delivery or Courier: John electronically in www.regulations.gov or compliance supplement pool in the in hard copy at the Environmental Mooney, Chief, Criteria Pollutant CAIR NOX annual trading program. The Section, Air Programs Branch, U.S. Protection Agency, Region 5, Air and SIP also allows for individual units not Environmental Protection Agency, (AR– Radiation Division, 77 West Jackson otherwise subject to the CAIR trading 18J), 77 West Jackson Boulevard, Boulevard, Chicago, Illinois 60604. EPA programs to opt into such trading Chicago, Illinois 60604. Such deliveries requests that if at all possible, you programs in accordance with opt-in FOR are only accepted during the Regional contact the person listed in the provisions of the CAIR FIPs. Consistent Office’s normal hours of operation. The FURTHER INFORMATION CONTACT section to with the flexibility provided in the FIPs, Regional Office’s official hours of schedule your inspection. The Regional these provisions will be used to replace business are Monday through Friday, Office’s official hours of business are or supplement, as appropriate, the 8:30 to 4:30, excluding Federal holidays. Monday through Friday, 8:30 to 4:30, corresponding provisions in the CAIR Instructions: Direct your comments to excluding Federal holidays. FIPs for Ohio. EPA is not making any Docket ID No. ‘‘EPA–R05–OAR–2007– FOR FURTHER INFORMATION CONTACT: John changes to the CAIR FIPs, but is 0390’’. EPA’s policy is that all Paskevicz, Engineer, Criteria Pollutant amending to the extent EPA approves comments received will be included in Section, Air Programs Branch (AR–18J), Ohio’s SIP revision, the appropriate the public docket without change and Environmental Protection Agency, appendices in the CAIR FIP trading may be made available online at Region 5, 77 West Jackson Boulevard, rules simply to note that approval. www.regulations.gov, including any Chicago, Illinois 60604. The telephone personal information provided, unless number is (312) 886–6084. Mr. II. What Is the Regulatory History of the the comment includes information Paskevicz can also be reached via CAIR and the CAIR FIPs? claimed to be Confidential Business electronic mail at: CAIR was published by EPA on May Information (CBI) or other information [email protected]. 12, 2005 (70 FR 25162). In this rule, whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: EPA determined that 28 States and the Do not submit through District of Columbia contribute www.regulations.gov or e-mail, Table of Contents significantly to nonattainment and information that you consider to be CBI I. What Action Is EPA Taking? interfere with maintenance of the or otherwise protected. The II. What Is the Regulatory History of CAIR national ambient air quality standards and the CAIR FIPs? www.regulations.gov Web site is an III. What Are the General Requirements of (NAAQS) for fine particles (PM2.5) and/ ‘‘anonymous access’’ system, which CAIR and the CAIR FIPs? or 8-hour ozone in downwind States in means EPA will not know your identity IV. What Are the Types of CAIR SIP the eastern part of the country. As a or contact information unless you Submittals? result, EPA required those upwind provide it in the body of your comment. V. Analysis of Ohio’s CAIR SIP Submittal States to revise their SIPs to include

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control measures that reduce emissions pollutant. The CAIR FIPs also allow EGUs to participate in the EPA- of SO2, which is a precursor to PM2.5 States to submit abbreviated SIP administered CAIR cap-and-trade formation, and/or NOX, which is a revisions that, if approved by EPA, will programs. For such States, EPA has precursor to both ozone and PM2.5 automatically replace or supplement the provided two approaches for submitting formation. For jurisdictions that corresponding CAIR FIP provisions and obtaining approval for CAIR SIP contribute significantly to downwind (e.g., the methodology for allocating revisions. States may submit full SIP PM2.5 nonattainment, CAIR sets annual NOX allowances to sources in the state), revisions that adopt the model CAIR State-wide emission reduction while the CAIR FIP remains in place for cap-and-trade rules. If approved, these requirements (i.e., budgets) for SO2 and all other provisions. SIP revisions will fully replace the CAIR annual State-wide emission reduction On April 28, 2006, EPA published FIPs. Alternatively, States may submit requirements for NOX. Similarly, for two more CAIR-related final rules that abbreviated SIP revisions. These SIP jurisdictions that contribute added the States of Delaware and New revisions will not replace the CAIR FIPs; significantly to 8-hour ozone Jersey to the list of States subject to however, the CAIR FIPs provide that, nonattainment, CAIR sets State-wide CAIR for PM2.5 and announced EPA’s when approved, the provisions in these emission reduction requirements for final decisions on reconsideration of abbreviated SIP revisions will be used NOX for the ozone season (May 1st to five issues without making any instead of or in conjunction with, as September 30th). Under CAIR, States substantive changes to the CAIR appropriate, the corresponding may implement these emission budgets requirements. provisions of the CAIR FIPs (e.g., the by participating in the EPA- III. What Are the General Requirements NOX allowance allocation administered cap-and-trade programs or of CAIR and the CAIR FIPs? methodology). by adopting any other control measures. A State submitting an abbreviated SIP CAIR explains to subject States what CAIR establishes State-wide emission revision may submit limited SIP must be included in SIPs to address the budgets for SO2 and NOX and is to be revisions to tailor the CAIR FIP cap-and- requirements of section 110(a)(2)(D) of implemented in two phases. The first trade programs to the state submitting the Clean Air Act (CAA) with regard to phase of NOX reductions starts in 2009 the revision. Specifically, an interstate transport with respect to the and continues through 2014, while the abbreviated SIP revision may establish 8-hour ozone and PM2.5 NAAQS. EPA first phase of SO2 reductions starts in certain applicability and allowance made national findings, effective May 2010 and continues through 2014. The allocation provisions that, the CAIR 25, 2005, that the States had failed to second phase of reductions for both FIPs provide, will be used instead of or submit SIPs meeting the requirements of NOX and SO2 starts in 2015 and in conjunction with the corresponding section 110(a)(2)(D). The SIPs were due continues thereafter. CAIR requires provisions in the CAIR FIP rules in that in July 2000, 3 years after the States to implement the budgets by State. Specifically, the abbreviated SIP promulgation of the 8-hour ozone and either (1) requiring EGUs to participate revisions may: PM2.5 NAAQS. These findings started a in the EPA-administered cap-and-trade 1. Include NOX SIP Call trading 2-year clock for EPA to promulgate a programs or (2) adopting other control sources that are not EGUs under CAIR Federal Implementation Plan (FIP) to measures of the State’s choosing and in the CAIR FIP NOX ozone season address the requirements of section demonstrating that such control trading program; 110(a)(2)(D). Under CAA section measures will result in compliance with 2. Provide for allocation of NO X 110(c)(1), EPA may issue a FIP anytime the applicable State SO2 and NOX annual or ozone season allowances by after such findings are made and must budgets. the State, rather than the Administrator, do so within two years unless a SIP The May 12, 2005, and April 28, 2006, and using a methodology chosen by the revision correcting the deficiency is CAIR rules provide model rules that State; approved by EPA before the FIP is States must adopt (with certain limited 3. Provide for allocation of NO promulgated. changes, if desired) if they want to X annual allowances from the CSP by the On April 28, 2006, EPA promulgated participate in the EPA-administered State, rather than by the Administrator, FIPs for all States covered by CAIR in trading programs. order to ensure the emissions reductions With two exceptions, only States that and using the State’s choice of allowed, required by CAIR are achieved on choose to meet the requirements of alternative methodologies; and/or schedule. Each CAIR State is subject to CAIR through methods that exclusively 4. Allow units that are not otherwise the FIPs until the State fully adopts, and regulate EGUs are allowed to participate CAIR units to opt individually into the EPA approves, a SIP revision meeting in the EPA-administered trading CAIR FIP cap-and-trade programs under the requirements of CAIR. The CAIR programs. One exception is for States the opt-in provisions in the CAIR FIP FIPs require certain EGUs to participate that adopt the opt-in provisions of the rules. in the EPA-administered CAIR SO2, model rules to allow non-EGUs With approval of an abbreviated SIP NOX annual, and NOX ozone-season individually to opt into the EPA- revision, the CAIR FIP remains in place, model trading programs, as appropriate. administered trading programs. The as tailored to sources in the State by that The CAIR FIP SO2, NOX annual, and other exception is for States that include approved SIP revision. NOX ozone season trading programs all non-EGUs from their NOX SIP Call Abbreviated SIP revisions can be impose essentially the same trading programs in their CAIR NOX submitted in lieu of, or as part of, CAIR requirements as, and are integrated ozone season trading programs. full SIP revisions. States may want to with, the respective CAIR SIP trading designate part of their full SIP as an programs. The integration of the CAIR IV. What Are the Types of CAIR SIP abbreviated SIP for EPA to act on first FIP and SIP trading programs means Submittals? when the timing of the State’s that these trading programs will work States have the flexibility to choose submission might not provide EPA with together to create effectively a single the type of control measures they will sufficient time to approve the full SIP trading program for each regulated use to meet the requirements of CAIR. prior to the deadline for recording NOX pollutant (SO2, NOX annual, and NOX EPA anticipates that most States will allocations. This will help ensure that ozone season) in all States covered by choose to meet the CAIR requirements the elements of the trading programs CAIR FIP or SIP trading program for that by selecting an option that requires where flexibility is allowed are

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implemented according to the State’s available for allocation for each year respective CAIR FIP trading rules are decisions. Submission of an abbreviated under the EPA-administered cap-and- designed to work together as integrated SIP revision does not preclude future trade programs under the CAIR FIPs. In SO2, NOX annual, and NOX ozone submission of a CAIR full SIP revision. short, the abbreviated SIP revision only season trading programs. In this case, the September 26, 2007, affects allocations of allowances under Ohio is subject to the CAIR FIPs submittal from Ohio requests an the established budgets. concerning SO2, NOX annual, and NOX ozone season emissions, and the CAIR abbreviated SIP revision. As discussed B. CAIR Cap-and-Trade Programs below, Ohio requested three of the four FIP trading programs for SO2, NOX provisions for which a State may The CAIR NOX annual and ozone- annual, and NOX ozone season apply to request an abbreviated SIP. The State season FIPs both largely mirror the sources in Ohio. Consistent with the requested that its allocation of NOX structure of the NOX SIP Call model flexibility they give to States, the CAIR annual and NOX ozone season trading rule in 40 CFR part 96, subparts FIPs provide that States may submit allowances for EGUs under the FIP be A through I. While the provisions of the abbreviated SIP revisions that will used instead of the corresponding NOX annual and ozone-season FIPs are replace or supplement, as appropriate, provisions of the CAIR FIPs in effect in similar, there are some differences. For certain provisions of the CAIR FIP the State. The State requested that its example, the NOX annual FIP (but not trading programs. The Ohio EPA the NOX ozone season FIP) provides for allocation of NOX annual allowances September 26, 2007, submission is such from the compliance supplement pool a CSP, which is discussed below and an abbreviated SIP revision. under which allowances may be (CSP) be used instead of the C. Applicability Provisions for Non-EGU awarded for early reductions of NOX corresponding provisions of the CAIR NOX SIP Call Sources FIPs in effect in the State. Finally, the annual emissions. As a further example, State asked that units, that are not the NOX ozone season FIP reflects the In general, the CAIR FIP trading programs apply to any stationary, fossil- otherwise CAIR units, may opt fact that the CAIR NOX ozone season fuel-fired boiler or stationary, fossil- individually into the CAIR FIP cap-and- trading program replaces the NOX SIP fuel-fired combustion turbine serving at trade program under the opt-in Call trading program after the 2008 any time, since the later of November provisions in the CAIR FIP rules. ozone season and is coordinated with the NOX SIP Call program. The NOX 15, 1990, or the start-up of the unit’s V. Analysis of Ohio’s CAIR SIP ozone season FIP provides incentives combustion chamber, a generator with Submittal for early emissions reductions by nameplate capacity of more than 25 allowing banked, pre-2009 NO SIP Call MWe producing electricity for sale. A. State Budgets for Allowance X allowances to be used for compliance in States have the option of bringing in, Allocations the CAIR NOX ozone-season trading for the CAIR NOX ozone season program The CAIR NOX annual and ozone program. In addition, States have the only, those units in the State’s NOX SIP season budgets were developed from option of continuing to meet their NOX Call trading program that are not EGUs historical heat input data for EGUs. SIP Call requirement by participating in as defined under CAIR. EPA advises Using these data, EPA calculated annual the CAIR NOX ozone season trading States exercising this option to use and ozone season regional heat input program and including all their NOX SIP provisions for applicability that are values, which were multiplied by 0.15 Call trading sources in that program. substantively identical to the provisions lb/mmBtu, for phase 1, and 0.125 lb/ The provisions of the CAIR SO2 FIP in 40 CFR 96.304 and add the mmBtu, for phase 2, to obtain regional are also similar to the provisions of the applicability provisions in the State’s NOX budgets for 2009–2014 and for NOX annual and ozone season FIPs. NOX SIP Call trading rule for non-EGUs 2015 and thereafter, respectively. EPA However, the SO2 FIP is coordinated to the applicability provisions in 40 CFR derived the State NOX annual and ozone with the ongoing Acid Rain SO2 cap- 96.304 in order to include in the CAIR season budgets from the regional and-trade program under CAA title IV. NOX ozone season trading program all budgets using State heat input data The SO2 FIP uses the title IV allowances units required to be in the State’s NOX adjusted by fuel factors. for compliance, with each allowance SIP Call trading program that are not The CAIR State SO2 budgets were allocated for 2010–2014 authorizing already included under 40 CFR 96.304. derived by discounting the tonnage of only 0.50 ton of emissions and each Under this option, the CAIR NOX ozone emissions authorized by annual allowance allocated for 2015 and season program must cover all large allowance allocations under the Acid thereafter authorizing only 0.35 ton of industrial boilers and combustion Rain Program under title IV of the CAA. emissions. Banked title IV allowances turbines, as well as any small EGUs (i.e. Under CAIR, each allowance allocated allocated for years before 2010 can be units serving a generator with a under the Acid Rain Program for the used at any time in the CAIR SO2 cap- nameplate capacity of 25 MWe or less), years in phase 1 of CAIR (2010 through and-trade program, with each such that the State currently requires to be in 2014) authorizes 0.5 ton of SO2 allowance authorizing 1 ton of the NOX SIP Call trading program. emissions in the CAIR trading program, emissions. Title IV allowances are to be Consistent with the flexibility given to and each Acid Rain Program allowance freely transferable among sources States in the CAIR FIP Ohio has not allocated for the years in phase 2 of covered by the Acid Rain Program and chosen, in the abbreviated CAIR SIP CAIR (2015 and thereafter) authorizes sources covered by the CAIR SO2 cap- approved here, to expand the 0.35 ton of emissions in the CAIR and-trade program. applicability provisions of the CAIR trading program. EPA used the CAIR model trading NOX ozone season trading program to The CAIR FIPs established the rules as the basis for the trading include all non-EGUs in the State’s NOX budgets for Ohio as 108,667 tons for programs in the CAIR FIPs. The CAIR SIP Call trading program. However, EPA NOX annual emissions, 45,664 tons for FIP trading rules are virtually identical notes that Ohio has indicated that the NOX ozone season emissions, and to the CAIR model trading rules, with full SIP revision submitted on 333,520 tons for SO2 emissions. The changes made to account for federal September 26, 2007, expands the Ohio SIP revision, approved in today’s rather than state implementation. The applicability provisions of CAIR NOX action, does not affect these budgets, CAIR model SO2, NOX annual, and NOX ozone season trading program in this which are total amounts of allowances ozone season trading rules and the manner. As such, EPA is not taking final

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action on the non-EGU portion of the The State’s energy-efficiency/renewable indicated that it will clarify its State’s September 26, 2007, full CAIR energy (EE/RE) and innovative allocation provisions consistent with SIP revision. The full CAIR SIP revision technology set-aside program provisions this statement in the September 28, including actions to approve the non- establish two set-asides for each control 2007, letter. EGU portions of the State’s CAIR rule period, one set-aside for EE/RE projects Consequently, EPA interprets Ohio’s will be the subject of a separate future and one set-aside for innovative abbreviated SIP to limit the total action. technology projects, and specify allocations for each control period of procedures for allocating the allowances CAIR NOX ozone season allowances D. NOX Allowance Allocations in the set-asides. Each set-aside is (whether from current or expanded set- Under the NOX allowance allocation limited to one percent of the state asides or under the other allocation methodology in the CAIR model trading trading budget for NOX ozone season provisions in the abbreviated SIP) to the rules and in the CAIR FIP, NOX annual allowance allocations. Beginning with state trading budget, consistent with the and ozone season allowances are the end of 2009 and every three years requirements of 40 CFR allocated to units that have operated for thereafter, Ohio EPA will review the 51.123(ee)(2)(ii)(B). five years, based on heat input data from number of allowances allocated from E. Allocation of NOX Allowances From a three-year period that are adjusted for the set-asides and will, under certain the Compliance Supplement Pool (CSP) fuel type by using fuel factors of 1.0 for circumstances, increase the size of each coal, 0.6 for oil, and 0.4 for other fuels. set-aside in future years as necessary, up The CSP provides an incentive for The CAIR model trading rules and the to a maximum of five percent of the early reductions in NOX annual CAIR FIP also provide a new unit set- state trading budget. emissions. The CSP consists of 200,000 aside from which units without five EPA notes that the set-aside CAIR NOX annual allowances of vintage years of operation are allocated provisions do not explicitly state how 2009 for the entire CAIR region, and a allowances based on the units’ prior allowances will be reserved in the set- State’s share of the CSP is based upon year emissions. asides if the total amount of allowances the State’s share of the projected The CAIR FIP provides States the requested from a set-aside exceeds the emission reductions under CAIR. States flexibility to establish a different NOX total amount of allowances in that set- may distribute CSP allowances, one allowance allocation methodology that aside. However, set-aside provisions allowance for each ton of early will be used to allocate allowances to explicitly limit the amount of reduction, to sources that make NOX sources in the States if certain allowances available from each set-aside reductions during 2007 or 2008 beyond requirements are met concerning the to one percent of the state trading what is required by any applicable State timing of submission of units’ budget unless Ohio EPA expands the or Federal emission limitation. States allocations to the Administrator for set-asides in future years. In addition, also may distribute CSP allowances recordation and the total amount of Ohio informed EPA, in the September based upon a demonstration of need for allowances allocated for each control 26, 2007, letter, that its guidance for the an extension of the 2009 deadline for period. In adopting alternative NOX set-asides provides that set-aside implementing emission controls. allowance allocation methodologies, allowances will be reserved on a pro- The CAIR NOX annual FIP establishes States have flexibility with regard to: rata basis if the total requested specific methodologies for allocations of 1. The cost to recipients of the allowances exceed the size of the set- CSP allowances. States may choose an allowances, which may be distributed aside. Ohio has indicated that it will allowed, alternative CSP allocation for free or auctioned; clarify its set-aside provisions consistent methodology to be used to allocate CSP 2. The frequency of allocations; with this guidance. allowances to sources in those States. 3. The basis for allocating allowances, The set-aside provisions also do not Consistent with the flexibility given to which may be distributed, for example, explicitly state how a set-aside will be States in the FIP, Ohio has chosen to based on historical heat input or electric increased up to five percent of the state modify the provisions of the CAIR NOX and thermal output; and/or trading budget if the existing set-aside annual FIP concerning the allocation of 4. The use of allowance set-asides amounts plus the total amounts allowances from the CSP. Ohio has and, if used, the size of the set-aside. allocated to units with and without chosen to distribute CSP allowances Consistent with the flexibility given to baseline heat input under Ohio’s other using an allocation methodology that States in the CAIR FIPs, Ohio has allocation provisions for NOX ozone provides more certainty to unit owners chosen to replace the provisions of the season allowances already equal the and operators that a known quantity of CAIR NOX annual FIP concerning the state trading budget. However, Ohio’s allowances per unit will be available for allocation of NOX annual allowances CAIR NOX ozone season allocation distribution at the beginning of the with its own methodology. Ohio has provisions clearly limit the total control period. Ohio also provides chosen to distribute NOX annual allocations for each control period of owners and operators with an incentive allowances based upon heat input data CAIR NOX ozone season allowances to for the operation of expensive post- from a three year period adjusted for the amount of the state trading budget combustion control equipment year- fuel type by using fuel adjustment for that control period. Further, as round and provides incentives for early factors of 1.0 for coal, 0.6 for oil, and 0.4 written, the provisions for expanding reductions in emissions before 2009. for other fuels. Based on this the set-asides cannot have any effect on Ohio EPA is required to submit methodology, Ohio determined NOX the current allocations, which Ohio has allocations from the CSP to the allocations for EGUs in the State under already submitted to the Administrator Administrator by July 1, 2009, or such the CAIR FIP, and submitted its for phase 1 of the trading program. In time when unit’s 2008 emissions data allocations to EPA on April 24, 2007. addition, Ohio informed EPA, in the are available so that the allocations can Ohio also has included, in the September 28, 2007, letter, that Ohio be determined. Ohio’s abbreviated SIP abbreviated SIP revision, provisions EPA will reduce the total amount of also states that the Administrator will regarding set-aside programs for energy allowances allocated to existing units record the allocations by January 1, efficiency/renewable energy and under the other allocation provisions to 2010. While Ohio’s abbreviated SIP does innovative technology projects under the extent the size of a set-aside is not explicitly state that allocations will the CAIR NOX Ozone Season program. increased in the future. Ohio has be submitted to the Administrator by

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November 30, 2009, EPA notes that without the ability for units to opt into Executive Order 13211: Actions That units’ 2008 emissions data should the program. Significantly Affect Energy Supply, certainly be available before that date Consistent with the flexibility given to Distribution, or Use and that the allocations need to be States in the FIPs, Ohio has chosen to submitted by that date in order to Because it is not a ‘‘significant allow non-EGUs meeting certain ensure that the Administrator will regulatory action’’ under Executive requirements to participate in the CAIR complete recordation of allowances by Order 12866 or a ‘‘significant energy January 1, 2010. Further, Ohio has NOX annual trading program, the CAIR action,’’ this action is also not subject to indicated, in the September 26, 2007, NOX ozone season trading program and Executive Order 13211, ‘‘Actions letter, that it will clarify its CSP the CAIR SO2 trading program. Ohio Concerning Regulations That provisions to provide for a deadline of EPA submitted the CAIR SIP program Significantly Affect Energy Supply, November 30, 2009, for submission of rules, OAC 3745–109–08 and OAC Distribution, or Use’’ (66 FR 28355, May CSP allocations to the Administrator. 3745–109–14 and OAC 3745–109–21, 22, 2001). Consequently, EPA considers the Ohio which incorporate the opt-in provisions Regulatory Flexibility Act abbreviated SIP to meet the as provided in the final EPA CAIR rule requirements of 40 CFR 51.123(p)(2). of April 28, 2006. These rules address This action merely approves state law opt-ins for NO ozone season, NO F. Individual Opt-in Units X X as meeting Federal requirements and annual, and SO2 annual programs. imposes no additional requirements The opt-in provisions allow for beyond those imposed by state law. certain non-EGUs (i.e., boilers, VI. Final Action Accordingly, the Administrator certifies combustion turbines, and other EPA is approving the rules contained that this rule will not have a significant stationary fossil-fuel-fired devices) that in Ohio’s abbreviated CAIR SIP revision do not meet the applicability criteria for economic impact on a substantial submitted on September 26, 2007. Ohio a CAIR trading program to participate number of small entities under the voluntarily in (i.e., opt into) the CAIR is covered by the CAIR FIPs, which Regulatory Flexibility Act (5 U.S.C. 601 trading program. A non-EGU may opt require participation in the EPA- et seq.). administered CAIR FIP cap-and-trade into one or more of the CAIR trading Unfunded Mandates Reform Act programs. In order to qualify to opt into programs for SO2, NOX annual, and NOX a CAIR trading program, a unit must ozone season emissions. Under this Because this rule approves pre- vent all emissions through a stack and abbreviated SIP revision, and consistent existing requirements under State law be able to meet monitoring, with the flexibility given to States in the and does not impose any additional recordkeeping, and recording FIPs, Ohio adopts provisions for enforceable duty beyond that required requirements of 40 CFR part 75. The allocating allowances under the CAIR by State law, it does not contain any owners and operators seeking to opt a FIP NOX annual and ozone season unfunded mandate or significantly or unit into a CAIR trading program must trading programs. In addition, Ohio uniquely affect small governments, as apply for a CAIR opt-in permit. If the adopts in the abbreviated SIP revision described in the Unfunded Mandates unit is issued a CAIR opt-in permit, the provisions that establish a methodology Reform Act of 1995 (Pub. L. 104–4). unit becomes a CAIR unit, is allocated for allocating allowances in the CSP and allowances, and must meet the same allow for individual non-EGUs to opt Executive Order 13175: Consultation and Coordination With Indian Tribal allowance-holding and emissions into the CAIR FIP SO , NO annual, 2 X Governments monitoring and reporting requirements NOX ozone season cap-and-trade as other units subject to the CAIR programs. As provided for in the CAIR This rule also does not have tribal trading program. The opt-in provisions FIPs, these provisions in the abbreviated implications because it will not have a provide for two methodologies for SIP revision will replace or supplement substantial direct effect on one or more allocating allowances for opt-in units, the corresponding provisions of the Indian tribes, on the relationship one methodology that applies to opt-in CAIR FIPs in Ohio. The abbreviated SIP between the Federal Government and units in general and a second revision meets the applicable Indian tribes, or on the distribution of methodology that allocates allowances requirements in 40 CFR 51.123(p) and power and responsibilities between the only to opt-in units that the owners and operators intend to repower before (ee), with regard to NOX annual and Federal Government and Indian tribes, January 1, 2015. NOX ozone season emissions, and 40 as specified by Executive Order 13175 States have several options CFR 51.124(r), with regard to SO2 (59 FR 22951, November 9, 2000). emissions. EPA is not making any concerning the opt-in provisions. The Executive Order 13132: Federalism rules for each of the CAIR FIP trading changes to the CAIR FIPs, but is programs include opt-in provisions that amending the appropriate appendices in This action also does not have are essentially the same as those in the the CAIR FIP trading rules simply to Federalism implications because it does respective CAIR SIP model rules, except note that approval. not have substantial direct effects on the that the CAIR FIP opt-in provisions States, on the relationship between the VII. Statutory and Executive Order become effective in a State only if the national government and the States, or Reviews State’s abbreviated SIP revision adopts on the distribution of power and the opt-in provisions. The State may Executive Order 12866: Regulatory responsibilities among the various adopt the opt-in provisions entirely or Planning and Review levels of government, as specified in may adopt them but exclude one of the Executive Order 13132 (64 FR 43255, allowance allocation methodologies. Under Executive Order 12866 (58 FR August 10, 1999). This action merely The State also has the option of not 51735, October 4, 1993), this action is approves a State rule implementing a adopting any opt-in provisions in the not a ‘‘significant regulatory action’’ Federal standard, and does not alter the abbreviated SIP revision and thereby and, therefore, is not subject to review relationship or the distribution of power providing for the CAIR FIP trading by the Office of Management and and responsibilities established in the program to be implemented in the State Budget. Clean Air Act.

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Executive Order 13045: Protection of within which a petition for judicial Administrative Code (OAC) are Children From Environmental Health review may be filed, and shall not incorporated by reference. and Safety Risks postpone the effectiveness of such rule (A) OAC 3745–109–01(B)(59) ‘‘Energy This rule also is not subject to or action. This action may not be efficiency/renewable energy project’’; Executive Order 13045 ‘‘Protection of challenged later in proceedings to OAC 3745–109–01(B)(72) ‘‘Innovative Children from Environmental Health enforce its requirements. (See section technology project’’; OAC 3745–109–04 307(b)(2).) Risks and Safety Risks’’ (62 FR 19885, ‘‘CAIR NOX allowance allocations’’; April 23, 1997), because it approves a List of Subjects OAC 3745–109–08 ‘‘CAIR NOX opt-in State rule implementing a Federal units’’; OAC 3745–109–14 ‘‘CAIR SO2 Standard. 40 CFR Part 52 opt-in units’’; and OAC 3745–109–21 National Technology Transfer Environmental protection, Air ‘‘CAIR NOX ozone season opt-in units’’; Advancement Act pollution control, Electric utilities, effective on September 27, 2007. Incorporation by reference, In reviewing SIP submissions, EPA’s (B) OAC 3745–109–17 ‘‘CAIR NOX Intergovernmental relations, Nitrogen ozone season allowance allocations’’; role is to approve State choices, oxides, Ozone, Particulate matter, provided that they meet the criteria of effective on September 27, 2007, except Reporting and recordkeeping the following: the language in paragraph the Clean Air Act. In this context, in the requirements, Sulfur dioxide. absence of a prior existing requirement (A) referencing the state trading budget for the State to use voluntary consensus 40 CFR Part 97 for non-EGUs in 3745–109–17–01(C)(4), standards (VCS), EPA has no authority Environmental protection, paragraphs (C)(1)(a)(i)(d), (C)(2)(b), to disapprove a SIP submission for Administrative practice and procedure, (C)(2)(d), (C)(2)(e), and (C)(2)(f), and the failure to use VCS. It would thus be Air pollution control, Electric utilities, language in paragraph (C)(3)(a) inconsistent with applicable law for Intergovernmental relations, Nitrogen referencing non-EGUs. EPA, when it reviews a SIP submission, oxides, Ozone, Particulate matter, PART 97—[AMENDED] to use VCS in place of a SIP submission Reporting and recordkeeping that otherwise satisfies the provisions of requirements, Sulfur dioxide. the Clean Air Act. Thus, the I 3. The authority citation for part 97 requirements of section 12(d) of the Dated: September 28, 2007. continues to read as follows: Bharat Mathur, National Technology Transfer and Authority: 42 U.S.C. 7401, 7403, 7410, Acting Regional Administrator, Region 5. Advancement Act of 1995 (15 U.S.C. 7426, 7601, and 7651, et seq. 272 note) do not apply. I For the reasons set forth in the Paperwork Reduction Act preamble, parts 52 and 97 of chapter 1 I 4. Appendix A to subpart EE is of title 40 of the Code of Federal amended by adding in alphabetical This rule does not impose an Regulations are amended as follows: order the entry ‘‘Ohio’’ under information collection burden under the paragraphs 1. and 2. to read as follows: provisions of the Paperwork Reduction PART 52—[AMENDED] Act of 1995 (44 U.S.C. 3501 et seq.). Appendix A to Subpart EE of Part 97— I 1. The authority citation for part 52 Congressional Review Act States With Approved State continues to read as follows: Implementation Plan Revisions The Congressional Review Act, 5 Authority: 42 U.S.C. 7401 et seq. Concerning Allocations U.S.C. 801 et seq., as added by the Small 1. * * * Business Regulatory Enforcement Subpart KK—Ohio Fairness Act of 1996, generally provides Ohio that before a rule may take effect, the I 2. In § 52.1870 is amended by adding * * * * * agency promulgating the rule must paragraph (c)(140) to read as follows: 2. * * * submit a rule report, which includes a Ohio § 52.1870 Identification of plan. copy of the rule, to each House of the * * * * * Congress and to the Comptroller General * * * * * of the United States. EPA will submit a (c) * * * I 5. Appendix A to subpart II is report containing this rule and other (140) Ohio Environmental Protection amended by adding in alphabetical required information to the U.S. Senate, Agency submitted amendments on order the entry ‘‘Ohio’’ under the U.S. House of Representatives, and September 26, 2007, to the State paragraphs 1. and 2. to read as follows: the Comptroller General of the United Implementation Plan to control States prior to publication of the rule in emissions from electric generating units Appendix A to Subpart II of Part 97— the Federal Register. A major rule (EGU). Rules affecting these units States With Approved State cannot take effect until 60 days after it include: Ohio Administrative Code Implementation Plan Revisions is published in the Federal Register. (OAC) 3745–109–01 (B)(59) and (72), Concerning CAIR NOX Opt-In Units This action is not a ‘‘major rule’’ as 3745–109–04, 3745–109–08, 3745–109– 1. * * * defined by 5 U.S.C. 804(2). 14, 3745–109–17 (except the following: Ohio Under section 307(b)(1) of the Clean the language in paragraph (A) Air Act, petitions for judicial review of referencing the state trading budget for * * * * * this action must be filed in the United non-EGUs in 3745–109–17–01(C)(4), 2. * * * States Court of Appeals for the paragraphs (C)(1)(a)(i)(d), (C)(2)(b), Ohio appropriate circuit by December 17, (C)(2)(d), (C)(2)(e), and (C)(2)(f), and the * * * * * 2007. Filing a petition for language in paragraph (C)(3)(a) reconsideration by the Administrator of referencing non-EGUs), and 3745–109– I 6. Appendix A to subpart III of part 97 this final rule does not affect the finality 21. is amended by adding in alphabetical of this rule for the purposes of judicial (i) Incorporation by reference. The order the entry ‘‘Ohio’’ under review nor does it extend the time following sections of the Ohio paragraphs 1. and 2. to read as follows:

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Appendix A to Subpart III of Part 97— ACTION: Final rule. proof Flood Insurance Study and FIRM States With Approved State available at the address cited below for Implementation Plan Revisions SUMMARY: Base (1% annual chance) each community. The BFEs and Flood Elevations (BFEs) and modified Concerning CAIR SO2 Opt-In Units modified BFEs are made final in the BFEs are made final for the 1. * * * communities listed below. Elevations at communities listed below. The BFEs selected locations in each community Ohio and modified BFEs are the basis for the * * * * * are shown. floodplain management measures that National Environmental Policy Act. 2. * * * each community is required either to Ohio This final rule is categorically excluded adopt or to show evidence of being * * * * * from the requirements of 44 CFR part already in effect in order to qualify or 10, Environmental Consideration. An I 7. Appendix A to subpart EEEE of part remain qualified for participation in the environmental impact assessment has 97 is amended by adding in alphabetical National Flood Insurance Program not been prepared. (NFIP). order the entry ‘‘Ohio’’ to read as Regulatory Flexibility Act. As flood follows: DATES: The date of issuance of the Flood elevation determinations are not within Appendix A to Subpart EEEE of Part Insurance Rate Map (FIRM) showing the scope of the Regulatory Flexibility 97—States With Approved State BFEs and modified BFEs for each Act, 5 U.S.C. 601–612, a regulatory Implementation Plan Revisions community. This date may be obtained flexibility analysis is not required. Concerning Allocations by contacting the office where the maps Regulatory Classification. This final are available for inspection as indicated rule is not a significant regulatory action * * * * * on the table below. Ohio under the criteria of section 3(f) of ADDRESSES: The final BFEs for each Executive Order 12866 of September 30, * * * * * community are available for inspection 1993, Regulatory Planning and Review, I 8. Appendix A to subpart IIII of part at the office of the Chief Executive 58 FR 51735. 97 is amended by adding in alphabetical Officer of each community. The Executive Order 13132, Federalism. order the entry ‘‘Ohio’’ under respective addresses are listed in the This final rule involves no policies that paragraphs 1. and 2. to read as follows: table below. have federalism implications under FOR FURTHER INFORMATION CONTACT: Appendix A to Subpart IIII of Part 97— Executive Order 13132. William R. Blanton, Jr., Engineering States With Approved State Executive Order 12988, Civil Justice Management Section, Mitigation Implementation Plan Revisions Reform. This final rule meets the Directorate, Federal Emergency Concerning CAIR NO Ozone Season applicable standards of Executive Order X Management Agency, 500 C Street, SW., Opt-In Units 12988. Washington, DC 20472, (202) 646–3151. List of Subjects in 44 CFR Part 67 1. * * * SUPPLEMENTARY INFORMATION: The Ohio Federal Emergency Management Agency Administrative practice and 2. * * * Ohio (FEMA) makes the final determinations procedure, Flood insurance, Reporting listed below for the modified BFEs for and recordkeeping requirements. * * * * * each community listed. These modified I [FR Doc. E7–20252 Filed 10–15–07; 8:45 am] Accordingly, 44 CFR part 67 is elevations have been published in amended as follows: BILLING CODE 6560–50–P newspapers of local circulation and ninety (90) days have elapsed since that PART 67—[AMENDED] publication. The Mitigation Division DEPARTMENT OF HOMELAND Director of FEMA has resolved any I 1. The authority citation for part 67 SECURITY appeals resulting from this notification. continues to read as follows: This final rule is issued in accordance Federal Emergency Management Authority: 42 U.S.C. 4001 et seq.; with section 110 of the Flood Disaster Reorganization Plan No. 3 of 1978, 3 CFR, Agency Protection Act of 1973, 42 U.S.C. 4104, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, and 44 CFR part 67. FEMA has 3 CFR, 1979 Comp., p. 376. 44 CFR Part 67 developed criteria for floodplain § 67.11 [Amended] Final Flood Elevation Determinations management in floodprone areas in accordance with 44 CFR part 60. I 2. The tables published under the AGENCY: Federal Emergency Interested lessees and owners of real authority of § 67.11 are amended as Management Agency, DHS. property are encouraged to review the follows:

*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) # Depth in feet above ground. Modified

Breathitt County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–7714

North Fork Kentucky River ...... Approximately 7.43 miles downstream of the confluence +717 Breathitt County (Unincor- with Frozen Creek near Cy Bend. porated Areas), City of Jackson. Approximately 2.83 miles upstream of the Robinson Road +754 Bridge at Quick Sand.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) # Depth in feet above ground. Modified

PanBowl Lake ...... Kentucky 15 Crossing ...... +732 Breathitt County (Unincor- porated Areas), City of Jackson. Kentucky 1812 Crossing ...... +732

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Jackson Maps are available for inspection at 1137 Main Street, Jackson, KY 41339. Breathitt County (Unincorporated Areas) Maps are available for inspection at 1137 Main Street, Jackson, KY 41339.

Osage County, Oklahoma, and Incorporated Areas Docket No.: FEMA–B–7714

Bird Creek ...... Approximately 5,250 feet upstream from power line right- +646 Osage County (Unincor- of-way. porated Areas). Approximately 8750 feet upstream from power line right- +648 of-way. Eliza Creek ...... Approximately 4,000 ft upstream from CR–2708 ...... +695 City of Bartlesville. Approximately 750 feet southwest intersection of Highway +702 60 and Highway 123. Euchee Creek ...... Approximately 8,250 feet downstream from confluence +690 Osage County (Unincor- with Euchee Creek/Tributary (County Boundary). porated Areas). Approximately 2,000 feet upstream of Unnamed Dirt Road +791 Tributary ...... Confluence with Euchee Creek ...... +700 Osage County (Unincor- porated Areas). Approximately 1050 feet upstream of intersection with +720 North Willow Creek Road. Shell Creek ...... Approximately 1,600 feet downstream of North 161 St. +661 Osage County (Unincor- West Avenue. porated Areas). Confluence with UT 3 Shell Creek ...... +677 UT 1 to Shell Creek ...... Confluence with Shell Creek ...... +668 Osage County (Unincor- porated Areas). Approximately 1820 feet upstream of Private Road ...... +805 UT 1 to UT to Horsepin Creek Approximately 3000 feet south of intersection of 166th +638 Osage County (Unincor- Street and Railroad. porated Areas). Approximately 375 feet south of intersection of 166th +644 Street and Railroad. UT 3 to Shell Creek ...... Confluence with Shell Creek ...... +677 Osage County (Unincor- porated Areas). Approximately 500 ft down stream of Shell Lake Dam ...... +693 UT 4 to Shell Creek ...... Confluence with Shell Creek ...... +668 Osage County (Unincor- porated Areas). Approximately 4000 feet of confluence with Shell Creek ... +673 UT to West Big Heart Creek .... 4,000 feet downstream of mouth of creek (County Line) ... +695 City of Sand Springs. 2,750 feet downstream of mouth of creek ...... +790 West Big Heart Creek (For- Approximately 10,500 feet downstream of mouth of creek +722 Osage County (Unincor- merly Blackboy Creek). (County Line). porated Areas). Approximately 8,000 feet downstream of mouth of creek .. +793

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Bartlesville Maps are available for inspection at 401 South Johnston Ave, Bartlesville, OK 74003. City of Sand Springs Maps are available for inspection at P.O. Box 338, Sand Springs, OK 74063. Osage County (Unincorporated Areas) Maps are available for inspection at 628 Kinekah, Pawhuska, OK 74056–0087.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) # Depth in feet above ground. Modified

Osage County, Oklahoma and Incorporated Areas Docket No.: FEMA–B–7456

Bird Creek ...... Approximately 250 feet from confluence of Bird Creek and +818 Osage County (Unincor- Mud Creek. porated Areas), City of Pawhuska, City of Barnsdall, Town of Avant. Approximately 1,700 feet downstream from confluence w/ +645 UT1 to Bird Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Osage County Maps are available for inspection at 628 Kihekah, Pawhuska 74056. Town of Avant Maps are available for inspection at City Hall: 230 W. McCoy Lane, Avant, OK 74001. City of Barnsdall Maps are available for inspection at 409 W. Main, Barnsdall, OK 74002. City of Pawhuska Maps are available for inspection at 118 W. Main, Pawhuska, OK 74056.

Lincoln County, South Dakota, and Incorporated Areas Docket No: FEMA–B–7708 & B–7735

Ninemile Creek ...... Just downstream from 274th Street ...... +1385 Town of Harrisburg. Just upstream from 272nd Street ...... +1472 Town of Tea. Approximately 320 feet downstream from Kevin Drive ...... +1477 Approximately 650 feet upstream from Ryan Drive ...... +1483 Just downstream from 273rd Street ...... +1311 Unincorporated Areas of Lin- coln County. Just upstream from South Dakota Highway 115 ...... +1411 1550 feet upstream from 469th Avenue ...... +1518 Tributary ...... Approximately 2150 feet downstream from 475th Avenue +1391 Town of Harrisburg. Approximately 500 feet downstream from 475th Avenue at +1400 the Corporate Limit line. Just downstream from 273rd Street ...... +1417 Tributary ...... Just upstream from the confluence with Ninemile Creek ... +1387 Unincorporated Areas of Lin- coln County. Approximately 2050 feet upstream from 273rd Street ...... +1425 Just downstream from 473rd Avenue ...... +1466 Schindler Creek ...... Just upstream from the confluence with Ninemile Creek ... +1267 Unincorporated Areas of Lin- coln County. Just downstream from 477th Avenue ...... +1394 Approximately 1150 feet upstream from 271st Street ...... +1452 Spring Creek ...... Just upstream from the confluence with Big Sioux River ... +1269 Unincorporated Areas of Lin- coln County. Just downstream from South Dakota Highway 11 ...... +1368 Approximately 950 feet upstream from Cliff Avenue ...... +1461 Tributary ...... Just upstream from the confluence with Spring Creek ...... +1346 Unincorporated Areas of Lin- coln County. Just downstream from Cody Road ...... +1392 Just upstream from 269th Street ...... +1425

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Harrisburg Maps are available for inspection at P.O. Box 26, Harrisburg, SD 57032. Town of Tea Maps are available for inspection at 600 East 1st Street, P.O. Box 128, Tea, SD 57064. Unincorporated Areas of Lincoln County Maps are available for inspection at 224 West Ninth Street, Sioux Falls, SD 57104.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) # Depth in feet above ground. Modified

Webb County, Texas and Incorporated Areas Docket No.: FEMA–B–7710

Chacon Creek ...... Confluence with Rio Grande ...... +394 City of Laredo, Webb County, (Unincorporated Areas). Approximately 2000 feet downstream from confluence +453 with Casa Blanca Lake. Tributary 1 ...... Confluence with Chacon Creek ...... +394 City of Laredo. Approximately 250 feet upstream from intersection with +422 Chestnut. Tributary 2 ...... Confluence with Chacon Creek ...... +394 City of Laredo, Webb County (Unincorporated Areas). Approximately 1500 feet downstream from Loop 20 ...... +398 Tributary 3 ...... Confluence with Chacon Creek ...... +436 City of Laredo, Webb County (Unincorporated Areas). Approximately 2500 feet upstream from the intersection +444 with Highway 59. Deer Creek ...... Confluence with Rio Grande ...... +411 City of Laredo. Intersection with Logistic Road ...... +476 Dellwood Tributary (Previously Confluence with Las Manadas Creek ...... +410 City of Laredo, Webb County Las Manadas Creek Tributary (Unincorporated Areas). 1). Approximately 2000 feet upstream from intersection with +486 FM 3464. Las Manadas Creek ...... Confluence with Rio Grande ...... +408 City of Laredo, Webb County (Unincorporated Areas). Approximately 1750 feet upstream from intersection with +552 Loop 20. Tributary 1 ...... Confluence with Las Manadas Creek ...... +412 City of Laredo, Webb County (Unincorporated Areas). Approximately 200 feet upstream from Springfield Drive ... +468 Tributary 1A ...... Confluence with Las Manadas Creek Tributary 1 ...... +430 City of Laredo. Approximately 1200 feet upstream from Dover/Stratford ... +464 Tributary 2 (Formerly Las Confluence with Las Manadas Creek ...... +418 City of Laredo, Webb County Manadas Creek Tribu- (Unincorporated Areas). tary 3). Approximately 5050 feet upstream from intersection with +489 FM 3464. Tributary 2A ...... Confluence with Las Manadas Creek Tributary 2 ...... +447 City of Laredo. Approximately 3225 feet upstream from confluence with +459 Las Manadas Creek Tributary 2. Rio Grande ...... Approximately 1750 feet upstream from intersection with +391 City of Laredo, Webb County Riverhill Road. (Unincorporated Areas). Confluence with Deer Creek ...... +411 Tex-Mex Railroad ...... Confluence with Chacon Creek ...... +400 City of Laredo, Webb County (Unincorporated Areas). Tributary ...... Approximately 1250 feet upstream from intersection with +423 Tex-Mex Railroad. Zacate Creek ...... Approximately 250 feet downstream from the intersection +396 City of Laredo. with Mexican Railroad. Confluence with Rio Grande ...... +399

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Laredo Maps are available for inspection at 1120 San Bernardo, Laredo, TX 78042. Webb County (Unincorporated Areas) Maps are available for inspection at 1110 Washington Street, Suite 302, Laredo, TX 78040.

Columbia County, Wisconsin and Incorporated Areas Docket No.: FEMA–B–7708

Baraboo River ...... At confluence with the Wisconsin River ...... *790 Columbia County (Unincor- porated Areas). Downstream side of Interstate 90 ...... *796

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) # Depth in feet above ground. Modified

Duck Creek ...... Upstream side of U.S. Highway 51 ...... *791 Columbia County (Unincor- porated Areas). Upstream side of Chicago Milwaukee St. Paul and Pacific *791 Railroad. Fox River ...... At downstream county boundary between Columbia and *779 City of Portage, Columbia Marquette counties. County (Unincorporated Areas). Downstream side of Chicago Milwaukee St. Paul and Pa- *785 cific Railroad. Neenah Creek ...... Downstream side of County Highway CM ...... *781 Columbia County (Unincor- porated Areas). At confluence with Big Slough ...... *790 Spring Creek ...... Approximately 1⁄2 mile downstream of Fair Street ...... *805 City of Lodi. Upstream side of Riddle Road ...... *834 Tributary A ...... At confluence with Spring Creek ...... *821 City of Lodi. Approximately 1,300 feet upstream of Spring Street ...... *821 Wisconsin River ...... Downstream side of State Highway 60 ...... *748 City of Portage, City of Wis- Upstream side of Interstate 39 ...... *798 consin Dells, Columbia At upstream county boundary between Columbia and *848 County (Unincorporated Adams counties. Areas).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Columbia County (Unincorporated Areas) Maps are available for inspection at: Columbia County Planning and Zoning Department, 400 DeWitt St., Portage, WI 53901. City of Lodi Maps are available for inspection at: City Clerk’s Office, 130 S. Main St., Lodi, WI 53555. City of Portage Maps are available for inspection at: City Hall, 115 W. Pleasant St., Portage, WI 53901. City of Wisconsin Dells Maps are available for inspection at: City Hall, 300 La Crosse St., Wisconsin Dells, WI 53965.

La Crosse County, Wisconsin and Incorporated Areas Docket No.: FEMA–B–7707

Black River ...... At confluence with the Black River, Mississippi River and *644 City of Onalaska, City of La La Crosse River. Crosse, La Crosse County (Unincorporated Areas). Just upstream of Lock & Dam 7 ...... *646 Ebner Coulee ...... 100 feet south of Jackson St ...... *658 City of La Crosse, La Crosse County (Unincorporated Areas). Just east of 29th St...... *667 Pond 1 ...... Just east of 29th St ...... *633 City of La Crosse. At Burlington Northern Railroad ...... *663 Pond 2 ...... At State Road ...... *656 City of La Crosse. At Farnam Street ...... *656 Pond 3 ...... At State Road ...... *655 City of La Crosse. At 200 feet north of Crestline Place ...... *655 Pond 4 ...... 500 feet south of Evergreen St ...... *652 City of La Crosse. 150 feet north of Evergreen St ...... *652 Pond 5 ...... At Ward Avenue ...... *652 City of La Crosse. At Travis Street ...... *653 Pond 6 ...... 600 feet south of East Fairchild Street ...... *654 City of La Crosse. 600 feet north of West Fairchild Street ...... *654 Pond 7 ...... At Farnam Street ...... *658 City of La Crosse. At Jackson Street ...... *658 Johns Coulee ...... At mouth at Mormon Creek ...... *725 La Crosse County (Unincor- porated Areas). Approximately 1 mile upstream of County Highway YY *827 bridge. La Crosse River ...... Approximately 600 feet upstream of Highway 53 ...... *644 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). Overbank area between Goheres St. to the north and *645 Monitor St. to the south.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) # Depth in feet above ground. Modified

At State Highway 16 ...... *655 Left Overbank ...... Southern extent near La Crosse St ...... *644 City of La Crosse. At Lang Drive ...... *645 Right Overbank 1 ...... Railroad just north of County Highway B ...... *649 City of La Crosse. At Hawkins Road ...... *653 Railroad Ditch ...... At mouth at confluence with La Crosse River ...... *650 City of La Crosse. Upstream extent at divergence at La Crosse River ...... *655 Mormon Creek ...... At mouth at Mississippi River ...... *639 La Crosse County (Unincor- porated Areas). At County Highway M ...... *766 Mississippi River ...... Adjacent to Marion Road N at river mile 694 ...... *640 City of La Crosse, City of Onalaska, La Crosse County (Unincorporated Areas). Approximately 3.6 miles south of Highway 35 at river mile *649 711. Pammel Creek ...... At mouth at Mississippi River ...... *640 City of La Crosse, La Crosse County (Unincorporated Areas). 150 feet upstream of Hagen Road ...... *683 Pammel Creek East Bank ...... At Juniper Street ...... *644 City of La Crosse, La Crosse County (Unincorporated Areas). At Leonard Street ...... *644 At Meadow Lane Place ...... *647 Adjacent to Easter Road ...... *647 At Park Lane Drive ...... *653 At Midway between Park Lane Drive & Ward Avenue ...... *653 Sand Lake Coulee ...... 200 feet downstream of County Highway OT ...... *650 Village of Holmen, City of Onalaska, La Crosse County (Unincorporated Areas). At Private driveway 1⁄4 mile north of Abnet Rd ...... *770 Right Overbank—Midway .. At mouth at confluence with Sand Lake Coulee ...... *652 Village of Holmen, La Crosse County (Unincor- porated Areas). Approximately 1200 feet downstream of State Highway 35 *663 Right Overbank—Golf At County Highway SN ...... *701 Village of Holmen, City of Course. Onalaska, La Crosse County (Unincorporated Areas). Golf Course boundary 0.5 mi. downstream of Moos Rd .... *721 Smith Valley Creek ...... At mouth at La Crosse River ...... *658 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). End of Smith Valley Road ...... *814 State Road Coulee ...... 150 feet upstream of Hagen Rd ...... *683 La Crosse County (Unincor- porated Areas). 600 feet upstream of Hagen Rd...... *687

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES La Crosse County (Unincorporated Areas) Maps are available for inspection at: La Crosse County Zoning, Planning and Land Information Office, 400 4th St. N, La Crosse, WI 54601. Village of Holmen Maps are available for inspection at: Village Hall, 421 S. Main St., Holmen, WI 54636–0158. City of La Crosse Maps are available for inspection at: City Hall, 400 La Crosse St., La Crosse, WI 54601. City of Onalaska Maps are available for inspection at: City Hall, 415 Main St., Onalaska, WI 54650.

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(Catalog of Federal Domestic Assistance No. FOR FURTHER INFORMATION CONTACT: component in the Central Regulatory 97.022, ‘‘Flood Insurance.’’) Jennifer Hogan, 907–586–7228. Area of the GOA. Dated: October 9, 2007. SUPPLEMENTARY INFORMATION: NMFS After the effective date of this closure David I. Maurstad, manages the groundfish fishery in the the maximum retainable amounts at Federal Insurance Administrator of the GOA exclusive economic zone § 679.20(e) and (f) apply at any time National Flood Insurance Program, according to the Fishery Management during a trip. Department of Homeland Security, Federal Plan for Groundfish of the Gulf of Classification Emergency Management Agency. Alaska (FMP) prepared by the North [FR Doc. E7–20384 Filed 10–15–07; 8:45 am] Pacific Fishery Management Council This action responds to the best BILLING CODE 9110–12–P under authority of the Magnuson- available information recently obtained Stevens Fishery Conservation and from the fishery. The Assistant Management Act. Regulations governing Administrator for Fisheries, NOAA DEPARTMENT OF COMMERCE fishing by U.S. vessels in accordance (AA), finds good cause to waive the with the FMP appear at subpart H of 50 requirement to provide prior notice and National Oceanic and Atmospheric CFR part 600 and 50 CFR part 679. opportunity for public comment Administration Regulations governing sideboard pursuant to the authority set forth at 5 protections for GOA groundfish 50 CFR Part 679 U.S.C. 553(b)(B) as such requirement is fisheries appear at subpart B of 50 CFR impracticable and contrary to the public [Docket No. 070213032–7032–01] part 800. interest. This requirement is RIN 0648–XD36 The 2007 Pacific cod sideboard limits impracticable and contrary to the public apportioned to non-AFA crab vessels interest as it would prevent NMFS from Fisheries of the Exclusive Economic catching Pacific cod for processing by responding to the most recent fisheries Zone Off Alaska; Pacific Cod by Non- the inshore component in the Central data in a timely fashion and would American Fisheries Act Crab Vessels Regulatory Area of the GOA is 979 delay the sideboard directed fishing Catching Pacific Cod for Processing metric tons (mt) for the GOA, as closure of Pacific cod apportioned to by the Inshore Component in the established by the 2007 and 2008 non-AFA crab vessels catching Pacific Central Regulatory Area of the Gulf of harvest specifications for groundfish of cod for processing by the inshore Alaska the GOA (72 FR 9676, March 5, 2007). component in the Central Regulatory Area of the GOA. NMFS was unable to AGENCY: National Marine Fisheries In accordance with § 680.22(e)(2)(i), the Administrator, Alaska Region, publish a notice providing time for Service (NMFS), National Oceanic and public comment because the most Atmospheric Administration (NOAA), NMFS (Regional Administrator), has determined that the 2007 Pacific cod recent, relevant data only became Commerce. available as of October 10, 2007. ACTION: Temporary rule; closure. sideboard limits apportioned to non- AFA crab vessels catching Pacific cod The AA also finds good cause to SUMMARY: NMFS is prohibiting directed for processing by the inshore waive the 30-day delay in the effective fishing for the 2007 Pacific cod component in the Central Regulatory date of this action under 5 U.S.C. sideboard limits apportioned to non- Area of the GOA will soon be reached. 553(d)(3). This finding is based upon American Fisheries Act (AFA) crab Therefore, the Regional Administrator is the reasons provided above for waiver of vessels catching Pacific cod for establishing a sideboard directed fishing prior notice and opportunity for public processing by the inshore component in allowance for Pacific cod as 969 mt in comment. the Central Regulatory Area of the Gulf the Gulf of Alaska. The remaining 10 mt This action is required by § 680.22 of Alaska (GOA). This action is in the Gulf of Alaska will be set aside and is exempt from review under necessary to prevent exceeding the 2007 as bycatch to support other anticipated Executive Order 12866. Pacific cod sideboard limits apportioned groundfish fisheries. In accordance with Authority: 16 U.S.C. 1801 et seq. to non-AFA crab vessels catching § 680.22(e)(3), the Regional Pacific cod for processing by the inshore Administrator finds that this sideboard Dated: October 10, 2007. component in the Central Regulatory directed fishing allowance has been Emily H. Menashes Area of the GOA. reached. Consequently, NMFS is Acting Director, Office of Sustainable DATES: Effective 1200 hrs, Alaska local prohibiting directed fishing for Pacific Fisheries, National Marine Fisheries Service. time (A.l.t.), October 11, 2007, until cod by non-AFA crab vessels catching [FR Doc. 07–5100 Filed 10–11–07; 1:40 pm] 2400 hrs, A.l.t., December 31, 2007. Pacific cod for processing by the inshore BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 72, No. 199

Tuesday, October 16, 2007

This section of the FEDERAL REGISTER the Rules Docket weekdays, except Type Certification Basis contains notices to the public of the proposed Federal holidays, between 7:30 a.m. and Under provisions of Title 14 Code of issuance of rules and regulations. The 4 p.m. purpose of these notices is to give interested Federal Regulations (CFR) 21.17, Boeing FOR FURTHER INFORMATION CONTACT: persons an opportunity to participate in the must show that Boeing Model 787–8 rule making prior to the adoption of the final Stephen Slotte, FAA, Airplane & Flight airplanes (hereafter referred to as ‘‘the rules. Crew Interface Branch, ANM–111, 787’’) meet the applicable provisions of Transport Airplane Directorate, Aircraft 14 CFR part 25, as amended by Certification Service, 1601 Lind Amendments 25–1 through 25–117, DEPARTMENT OF TRANSPORTATION Avenue, SW., Renton, Washington except §§ 25.809(a) and 25.812, which 98057–3356; telephone (425) 227–2315; Federal Aviation Administration will remain at Amendment 25–115. If facsimile (425) 227–1320. the Administrator finds that the SUPPLEMENTARY INFORMATION: 14 CFR Part 25 applicable airworthiness regulations do Comments Invited not contain adequate or appropriate [Docket No. NM378 Special Conditions No. safety standards for the 787 because of 25–07–11–SC] The FAA invites interested persons to a novel or unusual design feature, participate in this rulemaking by special conditions are prescribed under Special Conditions: Boeing Model 787– submitting written comments, data, or provisions of 14 CFR 21.16. 8 Airplane; Operation Without Normal views. The most helpful comments In addition to the applicable Electrical Power reference a specific portion of the airworthiness regulations and special special conditions, explain the reason AGENCY: Federal Aviation conditions, the 787 must comply with for any recommended change, and Administration (FAA), DOT. the fuel vent and exhaust emission include supporting data. We ask that requirements of 14 CFR part 34 and the ACTION: Notice of proposed special you send us two copies of written noise certification requirements of 14 conditions. comments. CFR part 36. In addition, the FAA must We will file in the docket all SUMMARY: This notice proposes special issue a finding of regulatory adequacy comments we receive as well as a report conditions for the Boeing Model 787–8 pursuant to section 611 of Public Law summarizing each substantive public airplane. This airplane will have novel 92–574, the ‘‘Noise Control Act of contact with FAA personnel concerning or unusual design features when 1972.’’ these proposed special conditions. The compared to the state of technology Special conditions, as defined in 14 envisioned in the airworthiness docket is available for public inspection before and after the comment closing CFR 11.19, are issued in accordance standards for transport category with § 11.38 and become part of the type airplanes. The Boeing Model 787–8 date. If you wish to review the docket in person, go to the address in the certification basis in accordance with airplane will have numerous electrically § 21.17(a)(2). operated systems whose function is ADDRESSES section of this notice between 7:30 a.m. and 4 p.m., Monday Special conditions are initially needed for continued safe flight and applicable to the model for which they landing of the airplane. The applicable through Friday, except Federal holidays. We will consider all comments we are issued. Should the type certificate airworthiness regulations do not contain receive on or before the closing date for for that model be amended later to adequate or appropriate safety standards comments. We will consider comments include any other model that for these design features. These filed late if it is possible to do so incorporates the same or similar novel proposed special conditions contain the without incurring expense or delay. We or unusual design feature, the special additional safety standards that the may change the proposed special conditions would also apply to the other Administrator considers necessary to conditions based on comments we model under the provisions of § 21.101. establish a level of safety equivalent to receive. that established by the existing Novel or Unusual Design Features If you want the FAA to acknowledge airworthiness standards. Additional receipt of your comments on this The 787 will incorporate a number of special conditions will be issued for proposal, include with your comments novel or unusual design features, some other novel or unusual design features a pre-addressed, stamped postcard on of which have not been previously of the Boeing Model 787–8 airplanes. which the docket number appears. We installed on large commercial aircraft. DATES: Comments must be received on will stamp the date on the postcard and Because of these design features, these or before November 15, 2007. mail it back to you. proposed special conditions differ from ADDRESSES: Comments on this proposal similar previously proposed special may be mailed in duplicate to: Federal Background conditions for other airplane models. Aviation Administration, Transport On March 28, 2003, Boeing applied Due to rapid improvements in airplane Airplane Directorate, Attention: Rules for an FAA type certificate for its new technology, the applicable airworthiness Docket (ANM–113), Docket No. NM378, Boeing Model 787–8 passenger airplane. regulations do not contain adequate or 1601 Lind Avenue, SW., Renton, The Boeing Model 787–8 airplane will appropriate safety standards for these Washington 98057–3356; or delivered in be an all-new, two-engine jet transport design features. These proposed special duplicate to the Transport Airplane airplane with a two-aisle cabin. The conditions for the 787 contain the Directorate at the above address. All maximum takeoff weight will be additional safety standards that the comments must be marked Docket No. 476,000 pounds, with a maximum Administrator considers necessary to NM378. Comments may be inspected in passenger count of 381 passengers. establish a level of safety equivalent to

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that established by the existing Applicability system may be considered if it can be airworthiness standards. As discussed above, these proposed shown that unrecoverable loss of those In addition to an electronic flight special conditions are applicable to the portions of the system is extremely control system, a number of systems 787. Should Boeing apply at a later date improbable. An alternative source of that have traditionally been for a change to the type certificate to electrical power must be provided for pneumatically or mechanically operated include another model incorporating the the time required to restore the have been implemented as electrically same novel or unusual design features, minimum electrical power generation powered systems on the 787. Examples these proposed special conditions capability required for safe flight and include the hydraulic power, equipment would apply to that model as well landing. (Unrecoverable loss of all cooling, wing anti-ice, and the auxiliary under the provisions of § 21.101. engines may be excluded when showing power unit (APU) and engine start that unrecoverable loss of critical systems. The criticality of some of these Conclusion portions of the electrical system is systems is such that their failure will This action would affect only certain extremely improbable.) either reduce the capability of the novel or unusual design features of the (2) Regardless of any electrical airplane or the ability of the crew to 787. It is not a rule of general generation and distribution system cope with adverse operating conditions, applicability, and it would affect only recovery capability shown under or prevent continued safe flight and the applicant that applied to the FAA paragraph 1, sufficient electrical system landing of the airplane. The for approval of these features on the capability must be provided— airworthiness standards of part 25 do airplane. (a) to allow time to descend, with all not contain adequate or appropriate engines inoperative, at the speed that standards for protection of these List of Subjects in 14 CFR Part 25 provides the best glide slope, from the systems from the adverse effects of Aircraft, Aviation safety, Reporting maximum operating altitude to the operation without normal electrical and recordkeeping requirements. altitude at which the soonest possible power. The authority citation for these engine restart could be accomplished, The current rule, 14 CFR 25.1351(d), Special Conditions is as follows: and Amendment 25–72, requires safe (b) to subsequently allow multiple operation under visual flight rules (VFR) Authority: 49 U.S.C. 106(g), 40113, 44701, start attempts of the engines and APU. conditions for at least five minutes after 44702, 44704. This capability must be provided in loss of all normal electrical power. This The Proposed Special Conditions addition to the electrical capability rule was structured around traditional required by existing part 25 Accordingly, the Administrator of the airplane designs that used mechanical requirements related to operation with Federal Aviation Administration (FAA) control cables and linkages for flight all engines inoperative. control. These manual controls allowed proposes the following special (3) The electrical energy used by the the crew to maintain aerodynamic conditions as part of the type airplane in descending with engines control of the airplane for an indefinite certification basis for the Boeing Model inoperative from the maximum period of time after loss of all electrical 787–8 airplane. operating altitude at the best glide slope, power. Under these conditions, the In lieu of the requirements of 14 CFR and in making multiple attempts to start mechanical flight control system 25.1351(d), the following special the engines and APU, must be provided the crew with the ability to fly conditions apply: considered when showing compliance (1) The applicant must show by test the airplane while attempting to identify with paragraphs (1) and (2) of these or a combination of test and analysis the cause of the electrical failure, start special conditions and with existing 14 that the airplane is capable of continued the engine(s) if necessary, and CFR part 25 requirements related to safe flight and landing with all normal reestablish some of the electrical power continued safe flight and landing. generation capability, if possible. sources of engine- and auxiliary-power- To maintain the same level of safety unit (APU)-generated electrical power Issued in Renton, Washington, on October 5, 2007. associated with traditional designs, the inoperative, as prescribed by paragraphs 787 must be designed for operation with (1)(a) and (1)(b) below. For purposes of Ali Bahrami, the normal sources of engine- and this special condition, normal sources of Manager, Transport Airplane Directorate, auxiliary-power-unit (APU)-generated electrical power generation do not Aircraft Certification Service. electrical power inoperative. Service include any alternate power sources [FR Doc. E7–20310 Filed 10–15–07; 8:45 am] experience has shown that loss of all such as the battery, ram air turbine BILLING CODE 4910–13–P electrical power from the airplane’s (RAT), or independent power systems engine- and APU-driven generators is such as the flight control permanent not extremely improbable. Thus, Boeing magnet generating system. In showing DEPARTMENT OF TRANSPORTATION must demonstrate that the airplane is capability for continued safe flight and Federal Aviation Administration capable of recovering adequate primary landing, consideration must be given to electrical power generation for safe systems capability, effects on crew 14 CFR Part 71 flight and landing. This demonstration workload and operating conditions, and would provide that the ability to restore the physiological needs of the flightcrew [Docket No. FAA–2007–29011; Airspace operation of portions of the electrical and passengers for the longest diversion Docket No. 07–AAL–14] power generation capability would be time for which approval is sought. considered if unrecoverable loss of (a) Common cause failures, cascading Proposed Revision of Class D and E those portions is shown to be extremely failures, and zonal physical threats must Airspace; Kenai, AK improbable. An alternative source of be considered in showing compliance AGENCY: Federal Aviation electrical power would have to be with this requirement. Administration (FAA), DOT. provided for the time necessary to (b) In showing compliance with this ACTION: Notice of proposed rulemaking. restore the minimum power generation requirement, the ability to restore capability necessary for safe flight and operation of portions of the electrical SUMMARY: This action proposes to revise landing. power generation and distribution Class D and E airspace at Kenai, AK.

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Five Standard Instrument Approach triplicate to the address listed above. Maintenance Branch has amended five Procedures (SIAPs) are being amended Commenters wishing the FAA to SIAPs and one DP for the Kenai for the Kenai Municipal Airport at acknowledge receipt of their comments Municipal Airport. The amended Kenai, AK. Additionally, one textual on this notice must submit with those approaches are (1) the Very High departure procedure (DP) is being comments a self-addressed, stamped Frequency Omni-directional Range amended. Adoption of this proposal postcard on which the following (VOR) Runway (RWY) 19R, Amendment would result in revision of existing statement is made: ‘‘Comments to (Amdt) 18, (2) the Instrument Landing Class D & E airspace upward, from the Docket No. FAA–2007–29011/Airspace System (ILS) or Localizer (LOC) RWY surface, from 700 feet (ft.) and 1,200 ft. Docket No. 07–AAL–14.’’ The postcard 19R, Amdt 3, (3) the VOR/Distance above the surface, at the Kenai will be date/time stamped and returned Measuring Equipment (DME) RWY 01L, Municipal Airport, Kenai, AK. to the commenter. Amdt 7, (4) the Area Navigation (RNAV) DATES: Comments must be received on All communications received on or Global Positioning System (GPS) RWY or before November 30, 2007. before the specified closing date for 01L, Amdt 1, and (5) the RNAV (GPS) comments will be considered before ADDRESSES: Send comments on the RWY 19R, Amdt 1. Textual DP’s are taking action on the proposed rule. The proposal to the Docket Management unnamed and are published in the front proposal contained in this notice may Facility, U.S. Department of of the U.S. Terminal Procedures for be changed in light of comments Transportation, 1200 New Jersey Alaska. Class D and E controlled received. All comments submitted will Avenue, SE., West Building Ground airspace extending upward, from the be available for examination in the Floor, Room W12–140, Washington, DC surface, from 700 ft. and 1,200 ft. above public docket both before and after the 20590–0001. You must identify the the surface, in the Kenai Municipal closing date for comments. A report docket number FAA–2007–29011/ Airport area would be revised by this summarizing each substantive public action. The proposed airspace is Airspace Docket No. 07–AAL–14, at the contact with FAA personnel concerned sufficient in size to contain aircraft beginning of your comments. You may with this rulemaking will be filed in the executing the instrument procedures at also submit comments on the Internet at docket. the Kenai Municipal Airport, Kenai, AK. http://www.regulations.gov. You may The area would be depicted on review the public docket containing the Availability of Notice of Proposed aeronautical charts for pilot reference. proposal, any comments received, and Rulemaking’s (NPRM’s) The coordinates for this airspace docket any final disposition in person in the An electronic copy of this document are based on North American Datum 83. Dockets Office between 9 a.m. and 5 may be downloaded through the The Class D airspace area designations p.m., Monday through Friday, except Internet at http://www.regulations.gov. are published in paragraph 5000 of FAA Federal holidays. The Docket Office Recently published rulemaking Order 7400.9R, Airspace Designations (telephone 1–800–647–5527) is on the documents can also be accessed through and Reporting Points, signed August 15, plaza level of the Department of the FAA’s Web page at http:// 2007, and effective September 15, 2007, Transportation NASSIF Building at the www.faa.gov or the Superintendent of which is incorporated by reference in 14 above address. Document’s Web page at http:// CFR 71.1. The Class E surface areas An informal docket may also be www.access.gpo.gov/nara/index.html. designated as extensions to Class D examined during normal business hours Additionally, any person may obtain surface areas are published in paragraph at the office of the Manager, Safety, a copy of this notice by submitting a 6004 in FAA Order 7400.9R, Airspace Alaska Flight Service Operations, request to the Federal Aviation Designations and Reporting Points, Federal Aviation Administration, 222 Administration, Office of Air Traffic signed August 15, 2007, and effective West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 September 15, 2007, which is AK 99513–7587. Independence Avenue, SW., incorporated by reference in 14 CFR FOR FURTHER INFORMATION CONTACT: Gary Washington, DC 20591 or by calling 71.1. The Class E airspace areas Rolf, Federal Aviation Administration, (202) 267–8783. Communications must designated as 700/1200 foot transition 222 West 7th Avenue, Box 14, identify both docket numbers for this areas are published in paragraph 6005 Anchorage, AK 99513–7587; telephone notice. Persons interested in being in FAA Order 7400.9R, Airspace number (907) 271–5898; fax: (907) 271– placed on a mailing list for future Designations and Reporting Points, 2850; e-mail: [email protected]. NPRM’s should contact the FAA’s signed August 15, 2007, and effective Internet address: http:// Office of Rulemaking, (202) 267–9677, September 15, 2007, which is www.alaska.faa.gov/at. to request a copy of Advisory Circular incorporated by reference in 14 CFR SUPPLEMENTARY INFORMATION: No. 11–2A, Notice of Proposed 71.1. The Class D and E airspace designations listed in this document Comments Invited Rulemaking Distribution System, which describes the application procedure. would be published subsequently in the Interested parties are invited to Order. participate in this proposed rulemaking The Proposal The FAA has determined that this by submitting such written data, views, The FAA is considering an proposed regulation only involves an or arguments as they may desire. amendment to the Code of Federal established body of technical Comments that provide the factual basis Regulations (14 CFR Part 71), which regulations for which frequent and supporting the views and suggestions would revise the Class E airspace at the routine amendments are necessary to presented are particularly helpful in Kenai Municipal Airport, in Kenai, AK. keep them operationally current. It, developing reasoned regulatory The intended effect of this proposal is therefore—(1) Is not a ‘‘significant decisions on the proposal. Comments to revise Class E airspace upward, from regulatory action’’ under Executive are specifically invited on the overall the surface, from 700 ft. and 1,200 ft. Order 12866; (2) is not a ‘‘significant regulatory, aeronautical, economic, above the surface, to contain Instrument rule’’ under DOT Regulatory Policies environmental, and energy-related Flight Rules (IFR) operations at Kenai and Procedures (44 FR 11034; February aspects of the proposal. Municipal Airport, AK. 26, 1979); and (3) does not warrant Communications should identify both The FAA Instrument Flight preparation of a regulatory evaluation as docket numbers and be submitted in Procedures Production and the anticipated impact is so minimal.

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Since this is a routine matter that will (Lat. 60°34′23″ N., long. 151°14′42″ W.) DEPARTMENT OF TRANSPORTATION only affect air traffic procedures and air That airspace extending upward from the navigation, it is certified that this rule, surface to and including 2,600 feet MSL Federal Aviation Administration when promulgated, will not have a within a 5.2-miles radius of the Kenai significant economic impact on a Municipal Airport, excluding the airspace 14 CFR Part 71 substantial number of small entities below 1,100 feet MSL beyond 4 miles from [Docket No. FAA–2007–29100; Airspace under the criteria of the Regulatory the Kenai Municipal Airport extending from Docket No. 07–AAL–16] Flexibility Act. the 310° bearing clockwise to the 350° The FAA’s authority to issue rules bearing from the Kenai Municipal Airport. Proposed Revision of Class E regarding aviation safety is found in This Class D airspace area is effective during Airspace; Soldotna, AK Title 49 of the United States Code. the specific dates and times established in AGENCY: Federal Aviation Subtitle 1, Section 106 describes the advance by a Notice to Airmen. The effective Administration (FAA), DOT. authority of the FAA Administrator. date and time will thereafter be continuously Subtitle VII, Aviation Programs, published in the Airport/Facility Directory. ACTION: Notice of proposed rulemaking. describes in more detail the scope of the * * * * * SUMMARY: This action proposes to revise agency’s authority. Paragraph 6004 Class E Airspace Areas Class E airspace at Soldotna, AK. Two This rulemaking is promulgated new Standard Instrument Approach under the authority described in Designated as an Extension to a Class D Surface Area. Procedures (SIAPs) are being developed Subtitle VII, Part A, Subpart 1, Section for the Soldotna Airport at Soldotna, 40103, Sovereignty and use of airspace. AAK AK E4 Kenai, AK [Revised] AK. Adoption of this proposal would Under that section, the FAA is charged Kenai, Kenai Municipal Airport, AK result in revision of existing Class E with prescribing regulations to ensure (Lat. 60°34′23″ N., long. 151°14′42″ W.) airspace upward, from 700 feet (ft.) and the safe and efficient use of the Kenai VOR/DME (Lat. 60°36′53″ N., long. 1,200 ft. above the surface, at the navigable airspace. This regulation is 151°11′43″ W.) Soldotna Airport, Soldotna, AK. within the scope of that authority That airspace extending upward from the DATES: Comments must be received on because it proposes to create Class D surface within 3.7 miles each side of the 031° or before November 30, 2007. and E airspace sufficient in size to radial of the Kenai VOR/DME extending from ADDRESSES: Send comments on the contain aircraft executing instrument the 5.2-mile radius of the Kenai Municipal proposal to the Docket Management procedures at Kenai Municipal Airport Airport to 10.2 miles northeast of the Kenai Facility, U.S. Department of and represents the FAA’s continuing Municipal Airport. Transportation, 1200 New Jersey effort to safely and efficiently use the * * * * * Avenue, SE., West Building Ground navigable airspace. Floor, Room W12–140, Washington, DC List of Subjects in 14 CFR Part 71 Paragraph 6005 Class E Airspace Areas 20590–0001. You must identify the Extending Upward from 700 feet or More docket number FAA–2007–29100/ Airspace, Incorporation by reference, Above the Surface of the Earth. Airspace Docket No. 07–AAL–16, at the Navigation (air). * * * * * beginning of your comments. You may The Proposed Amendment AAL AK E5 Kenai, AK [Revised] also submit comments on the Internet at In consideration of the foregoing, the http://www.regulations.gov. You may Kenai, Kenai Municipal Airport, AK review the public docket containing the Federal Aviation Administration (Lat. 60°34′23″ N., long. 151°14′42″ W.) proposes to amend 14 CFR part 71 as proposal, any comments received, and That airspace extending upward from 700 follows: any final disposition in person in the feet above the surface within a 7.7-mile Dockets Office between 9 a.m. and 5 PART 71—DESIGNATION OF CLASS A, radius of the Kenai Municipal Airport and p.m., Monday through Friday, except ° CLASS B, CLASS C, CLASS D, AND within 4 miles east and west of the 031 Federal holidays. The Docket Office CLASS E AIRSPACE AREAS; bearing from the Kenai Municipal Airport (telephone 1–800–647–5527) is on the AIRWAYS; ROUTES; AND REPORTING extending from the 7.3-mile radius to 11 plaza level of the Department of POINTS miles north of the Kenai Municipal Airport; Transportation NASSIF Building at the and that airspace extending upward from above address. 1. The authority citation for 14 CFR 1,200 feet above the surface within a 75-mile An informal docket may also be part 71 continues to read as follows: radius of the Kenai Municipal Airport. examined during normal business hours Authority: 49 U.S.C. 106(g), 40103, 40113, * * * * * at the office of the Manager, Safety, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Issued in Anchorage, AK, on October 5, Alaska Flight Service Operations, 1963 Comp., p. 389. 2007. Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, § 71.1 [Amended] Anthony M. Wylie, AK 99513–7587. 2. The incorporation by reference in Manager, Alaska Flight Services Information FOR FURTHER INFORMATION CONTACT: Gary 14 CFR 71.1 of Federal Aviation Area Group. Rolf, Federal Aviation Administration, Administration Order 7400.9R, Airspace [FR Doc. E7–20313 Filed 10–15–07; 8:45 am] 222 West 7th Avenue, Box 14, Designations and Reporting Points, BILLING CODE 4910–13–P Anchorage, AK 99513–7587; telephone signed August 15, 2007, and effective number (907) 271–5898; fax: (907) 271– September 15, 2007, is to be amended 2850; e-mail: [email protected]. as follows: Internet address: http:// * * * * * www.alaska.faa.gov/at. Paragraph 5000 General. SUPPLEMENTARY INFORMATION: * * * * * Comments Invited AAK AK D Kenai, AK [Revised] Interested parties are invited to Kenai, Kenai Municipal Airport, AK participate in this proposed rulemaking

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by submitting such written data, views, The Proposal authority of the FAA Administrator. or arguments as they may desire. The FAA is considering an Subtitle VII, Aviation Programs, Comments that provide the factual basis amendment to the Code of Federal describes in more detail the scope of the supporting the views and suggestions Regulations (14 CFR Part 71), which agency’s authority. presented are particularly helpful in would revise the Class E airspace at the This rulemaking is promulgated developing reasoned regulatory Soldotna Airport, in Soldotna, AK. The under the authority described in decisions on the proposal. Comments intended effect of this proposal is to Subtitle VII, Part A, Subpart 1, Section are specifically invited on the overall revise Class E airspace upward, from 40103, Sovereignty and use of airspace. regulatory, aeronautical, economic, 700 ft. and 1,200 ft. above the surface, Under that section, the FAA is charged environmental, and energy-related to contain Instrument Flight Rules (IFR) with prescribing regulations to ensure aspects of the proposal. operations at Soldotna Airport, AK. the safe and efficient use of the Communications should identify both The FAA Instrument Flight navigable airspace. This regulation is docket numbers and be submitted in Procedures Production and within the scope of that authority triplicate to the address listed above. Maintenance Branch has developed two because it proposes to create Class E Commenters wishing the FAA to new SIAPs for the Soldotna Airport. The airspace sufficient in size to contain acknowledge receipt of their comments new approaches are (1) the Area aircraft executing instrument on this notice must submit with those Navigation (RNAV) Global Positioning procedures at Soldotna Airport and comments a self-addressed, stamped System (GPS) RWY 07, Original (Orig) represents the FAA’s continuing effort postcard on which the following and (2) the RNAV (GPS) RWY 25, Orig. to safely and efficiently use the statement is made: ‘‘Comments to Class E controlled airspace extending navigable airspace. Docket No. FAA–2007–29100/Airspace upward, from 700 ft. and 1,200 ft. above List of Subjects in 14 CFR Part 71 Docket No. 07–AAL–16.’’ The postcard the surface, in the Soldotna Airport area Airspace, Incorporation by reference, will be date/time stamped and returned would be revised by this action. The Navigation (air). to the commenter. proposed airspace is sufficient in size to All communications received on or contain aircraft executing the The Proposed Amendment before the specified closing date for instrument procedures at the Soldotna In consideration of the foregoing, the comments will be considered before Airport, Soldotna, AK. Federal Aviation Administration taking action on the proposed rule. The The area would be depicted on proposes to amend 14 CFR part 71 as proposal contained in this notice may aeronautical charts for pilot reference. follows: be changed in light of comments The coordinates for this airspace docket received. All comments submitted will are based on North American Datum 83. PART 71—DESIGNATION OF CLASS A, be available for examination in the The Class E airspace areas designated as CLASS B, CLASS C, CLASS D, AND public docket both before and after the 700/1200 foot transition areas are CLASS E AIRSPACE AREAS; closing date for comments. A report published in paragraph 6005 in FAA AIRWAYS; ROUTES; AND REPORTING summarizing each substantive public Order 7400.9R, Airspace Designations POINTS contact with FAA personnel concerned and Reporting Points, signed August 15, 2007, and effective September 15, 2007, 1. The authority citation for 14 CFR with this rulemaking will be filed in the part 71 continues to read as follows: docket. which is incorporated by reference in 14 CFR 71.1. The Class E airspace Authority: 49 U.S.C. 106(g), 40103, 40113, Availability of Notice of Proposed designations listed in this document 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Rulemaking’s (NPRM’s) would be published subsequently in the 1963 Comp., p. 389. Order. An electronic copy of this document § 71.1 [Amended] The FAA has determined that this 2. The incorporation by reference in may be downloaded through the proposed regulation only involves an Internet at http://www.regulations.gov. 14 CFR 71.1 of Federal Aviation established body of technical Administration Order 7400.9R, Airspace Recently published rulemaking regulations for which frequent and documents can also be accessed through Designations and Reporting Points, routine amendments are necessary to signed August 15, 2007, and effective the FAA’s Web page at http:// keep them operationally current. It, www.faa.gov or the Superintendent of September 15, 2007, is to be amended therefore —(1) Is not a ‘‘significant as follows: Document’s Web page at http:// regulatory action’’ under Executive www.access.gpo.gov/nara/index.html. Order 12866; (2) is not a ‘‘significant * * * * * Additionally, any person may obtain rule’’ under DOT Regulatory Policies Paragraph 6005 Class E Airspace Extending a copy of this notice by submitting a and Procedures (44 FR 11034; February Upward from 700 feet or More Above the request to the Federal Aviation 26, 1979); and (3) does not warrant Surface of the Earth. Administration, Office of Air Traffic preparation of a regulatory evaluation as * * * * * Airspace Management, ATA–400, 800 the anticipated impact is so minimal. Independence Avenue, SW., Since this is a routine matter that will AAL AK E5 Soldotna, AK [Revised] Washington, DC 20591 or by calling only affect air traffic procedures and air Soldotna, Soldotna Airport, AK (202) 267–8783. Communications must navigation, it is certified that this rule, (Lat. 60°28′30″ N., long. 151°02′17″W.) identify both docket numbers for this Soldotna NDB when promulgated, will not have a ° ′ ″ ° ′ ″ notice. Persons interested in being significant economic impact on a (Lat. 60 28 30 N., long. 150 52 44 W.) placed on a mailing list for future substantial number of small entities That airspace extending upward from 700 NPRM’s should contact the FAA’s under the criteria of the Regulatory feet above the surface within a 10.1-mile radius of the Soldotna Airport and within 4 Office of Rulemaking, (202) 267–9677, Flexibility Act. miles either side of the 270 bearing of the to request a copy of Advisory Circular The FAA’s authority to issue rules Soldotna NDB, AK, extending from the 10.1- No. 11–2A, Notice of Proposed regarding aviation safety is found in mile radius to 21 miles west of the Soldotna Rulemaking Distribution System, which Title 49 of the United States Code. Airport, AK, and within 4.6 miles north and describes the application procedure. Subtitle 1, Section 106 describes the 4 miles south of the 090 bearing of the

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Soldotna NDB, AK, extending from the 10.1- An informal docket may also be Document’s Web page at http:// mile radius to 14.3 miles east of the Soldotna examined during normal business hours www.access.gpo.gov/nara/index.html. Airport, AK; and that airspace extending at the office of the Manager, Safety, Additionally, any person may obtain upward from 1,200 feet above the surface Alaska Flight Service Operations, a copy of this notice by submitting a within a 73-mile radius of the Soldotna request to the Federal Aviation Airport. Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, Administration, Office of Air Traffic * * * * * AK 99513–7587. Airspace Management, ATA–400, 800 Issued in Anchorage, AK, on October 5, FOR FURTHER INFORMATION CONTACT: Gary Independence Avenue, SW., 2007. Rolf, Federal Aviation Administration, Washington, DC 20591 or by calling Anthony M. Wylie, 222 West 7th Avenue, Box 14, (202) 267–8783. Communications must Manager, Alaska Flight Services Information Anchorage, AK 99513–7587; telephone identify both docket numbers for this Area Group. number (907) 271–5898; fax: (907) 271– notice. Persons interested in being [FR Doc. E7–20308 Filed 10–15–07; 8:45 am] 2850; e-mail: [email protected]. placed on a mailing list for future BILLING CODE 4910–13–P Internet address: http:// NPRM’s should contact the FAA’s www.alaska.faa.gov/at. Office of Rulemaking, (202) 267–9677, to request a copy of Advisory Circular SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION No. 11–2A, Notice of Proposed Comments Invited Rulemaking Distribution System, which Federal Aviation Administration describes the application procedure. Interested parties are invited to The Proposal 14 CFR Part 71 participate in this proposed rulemaking by submitting such written data, views, The FAA is considering an [Docket No. FAA–2007–29009; Airspace or arguments as they may desire. amendment to the Code of Federal Docket No. 07–AAL–12] Comments that provide the factual basis Regulations (14 CFR Part 71), which supporting the views and suggestions would revise the Class E airspace at the Proposed Revision of Class E presented are particularly helpful in Buckland Airport, in Buckland, AK. The Airspace; Buckland, AK developing reasoned regulatory intended effect of this proposal is to decisions on the proposal. Comments AGENCY: revise Class E airspace upward, from Federal Aviation are specifically invited on the overall Administration (FAA), DOT. 700 ft. and 1,200 ft. above the surface, regulatory, aeronautical, economic, to contain Instrument Flight Rules (IFR) ACTION: Notice of proposed rulemaking. environmental, and energy-related operations at Buckland Airport, AK. aspects of the proposal. The FAA Instrument Flight SUMMARY: This action proposes to revise Communications should identify both Class E airspace at Buckland, AK. Two Procedures Production and docket numbers and be submitted in Standard Instrument Approach Maintenance Branch has amended two triplicate to the address listed above. SIAPs and a DP, and developed two Procedures (SIAPs) and a textual Commenters wishing the FAA to SIAPs for the Buckland Airport. The departure procedure (DP) are being acknowledge receipt of their comments amended approaches are (1) the Non- amended for the Buckland Airport at on this notice must submit with those directional Beacon (NDB)/Distance Buckland, AK. Additionally, two new comments a self-addressed, stamped Measuring Equipment (DME) Runway SIAPs are being developed. Adoption of postcard on which the following (RWY) 11, Amendment (Amdt) 1 and (2) this proposal would result in revision of statement is made: ‘‘Comments to the NDB/DME RWY 29, Amdt 1. The existing Class E airspace upward, from Docket No. FAA–2007–29009/Airspace new approaches are (1) the Area 700 feet (ft.) and 1,200 ft. above the Docket No. 07–AAL–12.’’ The postcard Navigation (RNAV) Global Positioning surface, at the Buckland Airport, will be date/time stamped and returned System (GPS) RWY 02, Original (Orig) Buckland, AK. to the commenter. and (2) the RNAV (GPS) RWY 20, Orig. DATES: Comments must be received on All communications received on or Textual DP’s are unnamed and are or before November 30, 2007. before the specified closing date for published in the front of the U.S. ADDRESSES: Send comments on the comments will be considered before Terminal Procedures for Alaska. Class E proposal to the Docket Management taking action on the proposed rule. The controlled airspace extending upward, Facility, U.S. Department of proposal contained in this notice may from 700 ft. and 1,200 ft. above the Transportation, 1200 New Jersey be changed in light of comments surface, in the Buckland Airport area Avenue, SE., West Building Ground received. All comments submitted will would be revised by this action. The Floor, Room W12–140, Washington, DC be available for examination in the proposed airspace is sufficient in size to 20590–0001. You must identify the public docket both before and after the contain aircraft executing the docket number FAA–2007–29009/ closing date for comments. A report instrument procedures at the Buckland Airspace Docket No. 07–AAL–12, at the summarizing each substantive public Airport, Buckland, AK. beginning of your comments. You may contact with FAA personnel concerned The area would be depicted on also submit comments on the Internet at with this rulemaking will be filed in the aeronautical charts for pilot reference. http://www.regulations.gov. You may docket. The coordinates for this airspace docket review the public docket containing the are based on North American Datum 83. proposal, any comments received, and Availability of Notice of Proposed The Class E airspace areas designated as any final disposition in person in the Rulemaking’s (NPRM’s) 700/1200 foot transition areas are Dockets Office between 9 a.m. and 5 An electronic copy of this document published in paragraph 6005 in FAA p.m., Monday through Friday, except may be downloaded through the Order 7400.9R, Airspace Designations Federal holidays. The Docket Office Internet at http://www.regulations.gov. and Reporting Points, signed August 15, (telephone 1–800–647–5527) is on the Recently published rulemaking 2007, and effective September 15, 2007, plaza level of the Department of documents can also be accessed through which is incorporated by reference in 14 Transportation NASSIF Building at the the FAA’s Web page at http:// CFR 71.1. The Class E airspace above address. www.faa.gov or the Superintendent of designations listed in this document

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would be published subsequently in the § 71.1 [Amended] Floor, Room W12–140, Washington, DC Order. 2. The incorporation by reference in 20590–0001. You must identify the The FAA has determined that this 14 CFR 71.1 of Federal Aviation docket number FAA–2007–27998/ proposed regulation only involves an Administration Order 7400.9R, Airspace Airspace Docket No. 07–AAL–05, at the established body of technical Designations and Reporting Points, beginning of your comments. You may regulations for which frequent and signed August 15, 2007, and effective also submit comments on the Internet at routine amendments are necessary to September 15, 2007, is to be amended http://www.regulations.gov. You may keep them operationally current. It, as follows: review the public docket containing the therefore —(1) Is not a ‘‘significant * * * * * proposal, any comments received, and regulatory action’’ under Executive any final disposition in person in the Order 12866; (2) is not a ‘‘significant Paragraph 6005 Class E airspace extending Dockets Office between 9 a.m. and 5 rule’’ under DOT Regulatory Policies upward from 700 feet or more above the p.m., Monday through Friday, except surface of the earth. and Procedures (44 FR 11034; February Federal holidays. The Docket Office 26, 1979); and (3) does not warrant * * * * * (telephone 1–800–647–5527) is on the preparation of a regulatory evaluation as AAL AK E5 Buckland, AK [Revised] plaza level of the Department of the anticipated impact is so minimal. Transportation NASSIF Building at the Since this is a routine matter that will Buckland, Buckland Airport, AK (Lat. 66°45′58″ N., long. 160°09′10″ W.) above address. only affect air traffic procedures and air An informal docket may also be navigation, it is certified that this rule, That airspace extending upward from 700 feet above the surface within a 12.4-mile examined during normal business hours when promulgated, will not have a radius of the Buckland Airport; and that at the office of the Manager, Safety, significant economic impact on a airspace extending upward from 1,200 feet Alaska Flight Service Operations, substantial number of small entities above the surface within a 78-mile radius of Federal Aviation Administration, 222 under the criteria of the Regulatory the Buckland Airport. West 7th Avenue, Box 14, Anchorage, Flexibility Act. * * * * * AK 99513–7587. The FAA’s authority to issue rules FOR FURTHER INFORMATION CONTACT: regarding aviation safety is found in Issued in Anchorage, AK, on October 5, Gary Title 49 of the United States Code. 2007. Rolf, Federal Aviation Administration, Subtitle 1, Section 106 describes the Anthony M. Wylie, 222 West 7th Avenue, Box 14, authority of the FAA Administrator. Manager, Alaska Flight Services Information Anchorage, AK 99513–7587; telephone Subtitle VII, Aviation Programs, Area Group. number (907) 271–5898; fax: (907) 271– describes in more detail the scope of the [FR Doc. E7–20311 Filed 10–15–07; 8:45 am] 2850; e-mail: [email protected]. Internet address: http:// agency’s authority. BILLING CODE 4910–13–P This rulemaking is promulgated www.alaska.faa.gov/at. under the authority described in SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Subtitle VII, Part A, Subpart 1, Section Comments Invited 40103, Sovereignty and use of airspace. Under that section, the FAA is charged Federal Aviation Administration Interested parties are invited to with prescribing regulations to ensure participate in this proposed rulemaking the safe and efficient use of the 14 CFR Part 71 by submitting such written data, views, navigable airspace. This regulation is [Docket No. FAA–2007–27998; Airspace or arguments as they may desire. within the scope of that authority Docket No. 07–AAL–05] Comments that provide the factual basis because it proposes to create Class E supporting the views and suggestions airspace sufficient in size to contain Proposed Revision of Class E presented are particularly helpful in aircraft executing instrument Airspace; Selawik, AK developing reasoned regulatory procedures at Buckland Airport and decisions on the proposal. Comments AGENCY: Federal Aviation represents the FAA’s continuing effort are specifically invited on the overall Administration (FAA), DOT. to safely and efficiently use the regulatory, aeronautical, economic, navigable airspace. ACTION: Notice of proposed rulemaking. environmental, and energy-related aspects of the proposal. SUMMARY: List of Subjects in 14 CFR Part 71 This action proposes to revise Communications should identify both Airspace, Incorporation by reference, Class E airspace at Selawik, AK. Two docket numbers and be submitted in Navigation (air). Standard Instrument Approach triplicate to the address listed above. Procedures (SIAPs) are being amended The Proposed Amendment Commenters wishing the FAA to for the Roland Norton Memorial Airport acknowledge receipt of their comments In consideration of the foregoing, the at Selawik, AK. Additionally, four new on this notice must submit with those Federal Aviation Administration SIAPs and a textual departure procedure comments a self-addressed, stamped proposes to amend 14 CFR part 71 as (DP) are being developed. Adoption of postcard on which the following follows: this proposal would result in revision of statement is made: ‘‘Comments to existing Class E airspace upward, from PART 71—DESIGNATION OF CLASS A, Docket No. FAA–2007–27998/Airspace 700 feet (ft.) and 1,200 ft. above the Docket No. 07–AAL–05.’’ The postcard CLASS B, CLASS C, CLASS D, AND surface, at the Roland Norton Memorial CLASS E AIRSPACE AREAS; will be date/time stamped and returned Airport, Selawik, AK. to the commenter. AIRWAYS; ROUTES; AND REPORTING DATES: Comments must be received on POINTS All communications received on or or before November 30, 2007. before the specified closing date for 1. The authority citation for 14 CFR ADDRESSES: Send comments on the comments will be considered before part 71 continues to read as follows: proposal to the Docket Management taking action on the proposed rule. The Authority: 49 U.S.C. 106(g), 40103, 40113, Facility, U.S. Department of proposal contained in this notice may 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Transportation, 1200 New Jersey be changed in light of comments 1963 Comp., p. 389. Avenue, SE., West Building Ground received. All comments submitted will

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be available for examination in the extending upward, from 700 ft. and List of Subjects in 14 CFR Part 71 public docket both before and after the 1,200 ft. above the surface, in the Airspace, Incorporation by reference, closing date for comments. A report Roland Norton Memorial Airport area Navigation (air). summarizing each substantive public would be revised by this action. The contact with FAA personnel concerned proposed airspace is sufficient in size to The Proposed Amendment with this rulemaking will be filed in the contain aircraft executing the In consideration of the foregoing, the docket. instrument procedures at the Roland Federal Aviation Administration Norton Memorial Airport, Selawik, AK. Availability of Notice of Proposed proposes to amend 14 CFR part 71 as The area would be depicted on follows: Rulemaking’s (NPRM’s) aeronautical charts for pilot reference. An electronic copy of this document The coordinates for this airspace docket PART 71—DESIGNATION OF CLASS A, may be downloaded through the are based on North American Datum 83. CLASS B, CLASS C, CLASS D, AND Internet at http://www.regulations.gov. The Class E airspace areas designated as CLASS E AIRSPACE AREAS; Recently published rulemaking 700/1200 foot transition areas are AIRWAYS; ROUTES; AND REPORTING documents can also be accessed through published in paragraph 6005 in FAA POINTS the FAA’s Web page at http:// Order 7400.9R, Airspace Designations www.faa.gov or the Superintendent of and Reporting Points, signed August 15, 1. The authority citation for 14 CFR Document’s Web page at http:// 2007, and effective September 15, 2007, part 71 continues to read as follows: www.access.gpo.gov/nara/index.html. which is incorporated by reference in 14 Authority: 49 U.S.C. 106(g), 40103, 40113, Additionally, any person may obtain CFR 71.1. The Class E airspace 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– a copy of this notice by submitting a designations listed in this document 1963 Comp., p. 389. request to the Federal Aviation would be published subsequently in the § 71.1 [Amended] Administration, Office of Air Traffic Order. 2. The incorporation by reference in Airspace Management, ATA–400, 800 The FAA has determined that this 14 CFR 71.1 of Federal Aviation Independence Avenue, SW., proposed regulation only involves an Washington, DC 20591 or by calling established body of technical Administration Order 7400.9R, Airspace (202) 267–8783. Communications must regulations for which frequent and Designations and Reporting Points, identify both docket numbers for this routine amendments are necessary to signed August 15, 2007, and effective notice. Persons interested in being keep them operationally current. It, September 15, 2007, is to be amended placed on a mailing list for future therefore —(1) Is not a ‘‘significant as follows: NPRM’s should contact the FAA’s regulatory action’’ under Executive * * * * * Office of Rulemaking, (202) 267–9677, Order 12866; (2) is not a ‘‘significant Paragraph 6005 Class E airspace extending to request a copy of Advisory Circular rule’’ under DOT Regulatory Policies upward from 700 feet or more above the No. 11–2A, Notice of Proposed and Procedures (44 FR 11034; February surface of the earth. Rulemaking Distribution System, which 26, 1979); and (3) does not warrant * * * * * describes the application procedure. preparation of a regulatory evaluation as the anticipated impact is so minimal. AAL AK E5 Selawik, AK [Revised] The Proposal Since this is a routine matter that will Selawik, Roland Norton Memorial Airport, The FAA is considering an AK only affect air traffic procedures and air ° ′ ″ ° ′ ″ amendment to the Code of Federal navigation, it is certified that this rule, (Lat. 66 45 58 N., long. 160 09 10 W.) Regulations (14 CFR Part 71), which when promulgated, will not have a That airspace extending upward from 700 would revise the Class E airspace at the significant economic impact on a feet above the surface within a 7.3-mile Roland Norton Memorial Airport, in radius of the Roland Norton Memorial substantial number of small entities Airport; and that airspace extending upward Selawik, AK. The intended effect of this under the criteria of the Regulatory from 1,200 feet above the surface within a 74- proposal is to revise Class E airspace Flexibility Act. mile radius of the Roland Norton Memorial upward, from 700 ft. and 1,200 ft. above The FAA’s authority to issue rules Airport. the surface, to contain Instrument Flight regarding aviation safety is found in * * * * * Rules (IFR) operations at Roland Norton Title 49 of the United States Code. Memorial Airport, AK. Issued in Anchorage, AK, on October 5, Subtitle 1, Section 106 describes the 2007. The FAA Instrument Flight authority of the FAA Administrator. Anthony M. Wylie, Procedures Production and Subtitle VII, Aviation Programs, Maintenance Branch has amended two describes in more detail the scope of the Manager, Alaska Flight Services Information Area Group. SIAPs and developed four SIAPs along agency’s authority. with a DP for the Roland Norton This rulemaking is promulgated [FR Doc. E7–20312 Filed 10–15–07; 8:45 am] Memorial Airport. The amended under the authority described in BILLING CODE 4910–13–P approaches are (1) the Very High Subtitle VII, Part A, Subpart 1, Section Frequency Omni-directional Range 40103, Sovereignty and use of airspace. DEPARTMENT OF TRANSPORTATION (VOR) Runway (RWY) 04, Amendment Under that section, the FAA is charged (Amdt) 1 and (2) the VOR RWY 22, with prescribing regulations to ensure Federal Aviation Administration Amdt 1. The new approaches are (1) the the safe and efficient use of the Area Navigation (RNAV) Global navigable airspace. This regulation is 14 CFR Part 71 Positioning System (GPS) RWY 04, within the scope of that authority Original (Orig), (2) the RNAV (GPS) because it proposes to create Class E [Docket No. FAA–2007–29010; Airspace RWY 27, 0rig, (3) the RNAV (GPS) Y airspace sufficient in size to contain Docket No. 07–AAL–13] RWY 22, Orig, and (4) the RNAV (GPS) aircraft executing instrument Proposed Revision of Class E Z RWY 22, Orig. Textual DP’s are procedures at Roland Norton Memorial Airspace; Chevak, AK unnamed and are published in the front Airport and represents the FAA’s of the U.S. Terminal Procedures for continuing effort to safely and AGENCY: Federal Aviation Alaska. Class E controlled airspace efficiently use the navigable airspace. Administration (FAA), DOT.

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ACTION: Notice of proposed rulemaking. docket numbers and be submitted in Maintenance Branch has developed two triplicate to the address listed above. new SIAPs for the Chevak Airport. The SUMMARY: This action proposes to revise Commenters wishing the FAA to new approaches are (1) the Area Class E airspace at Chevak, AK. Two acknowledge receipt of their comments Navigation (RNAV) Global Positioning new Standard Instrument Approach on this notice must submit with those System (GPS) RWY 02, Original (Orig) Procedures (SIAPs) are being developed comments a self-addressed, stamped and (2) the RNAV (GPS) RWY 20, 0rig. for the Chevak Airport at Chevak, AK. postcard on which the following Class E controlled airspace extending Adoption of this proposal would result statement is made: ‘‘Comments to upward, from 700 ft. and 1,200 ft. above in revision of existing Class E airspace Docket No. FAA–2007–29010/Airspace the surface, in the Chevak Airport area upward, from 700 feet (ft.) and 1,200 ft. Docket No. 07–AAL–13.’’ The postcard would be revised by this action. The above the surface, at the Chevak Airport, will be date/time stamped and returned proposed airspace is sufficient in size to Chevak, AK. to the commenter. contain aircraft executing the DATES: Comments must be received on All communications received on or instrument procedures at the Chevak or before November 30, 2007. before the specified closing date for Airport, Chevak, AK. ADDRESSES: Send comments on the comments will be considered before The area would be depicted on proposal to the Docket Management taking action on the proposed rule. The aeronautical charts for pilot reference. Facility, U.S. Department of proposal contained in this notice may The coordinates for this airspace docket Transportation, 1200 New Jersey be changed in light of comments are based on North American Datum 83. Avenue, SE., West Building Ground received. All comments submitted will The Class E airspace areas designated as Floor, Room W12–140, Washington, DC be available for examination in the 700/1200 foot transition areas are 20590–0001. You must identify the public docket both before and after the published in paragraph 6005 in FAA docket number FAA–2007–29010/ closing date for comments. A report Order 7400.9R, Airspace Designations Airspace Docket No. 07–AAL–13, at the summarizing each substantive public and Reporting Points, signed August 15, beginning of your comments. You may contact with FAA personnel concerned 2007, and effective September 15, 2007, also submit comments on the Internet at with this rulemaking will be filed in the which is incorporated by reference in 14 http://www.regulations.gov. You may docket. CFR 71.1. The Class E airspace review the public docket containing the designations listed in this document Availability of Notice of Proposed would be published subsequently in the proposal, any comments received, and Rulemaking’s (NPRM’s) any final disposition in person in the Order. An electronic copy of this document The FAA has determined that this Dockets Office between 9 a.m. and 5 may be downloaded through the proposed regulation only involves an p.m., Monday through Friday, except Internet at http://www.regulations.gov. established body of technical Federal holidays. The Docket Office Recently published rulemaking regulations for which frequent and (telephone 1–800–647–5527) is on the documents can also be accessed through routine amendments are necessary to plaza level of the Department of the FAA’s Web page at http:// keep them operationally current. It, Transportation NASSIF Building at the www.faa.gov or the Superintendent of therefore—(1) Is not a ‘‘significant above address. regulatory action’’ under Executive An informal docket may also be Document’s Web page at http:// Order 12866; (2) is not a ‘‘significant examined during normal business hours www.access.gpo.gov/nara/index.html. Additionally, any person may obtain rule’’ under DOT Regulatory Policies at the office of the Manager, Safety, a copy of this notice by submitting a and Procedures (44 FR 11034; February Alaska Flight Service Operations, request to the Federal Aviation 26, 1979); and (3) does not warrant Federal Aviation Administration, 222 Administration, Office of Air Traffic preparation of a regulatory evaluation as West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 the anticipated impact is so minimal. AK 99513–7587. Independence Avenue, SW., Since this is a routine matter that will FOR FURTHER INFORMATION CONTACT: Gary Washington, DC 20591 or by calling only affect air traffic procedures and air Rolf, Federal Aviation Administration, (202) 267–8783. Communications must navigation, it is certified that this rule, 222 West 7th Avenue, Box 14, identify both docket numbers for this when promulgated, will not have a Anchorage, AK 99513–7587; telephone notice. Persons interested in being significant economic impact on a number (907) 271–5898; fax: (907) 271– placed on a mailing list for future substantial number of small entities 2850; e-mail: [email protected]. NPRM’s should contact the FAA’s under the criteria of the Regulatory Internet address: http:// Office of Rulemaking, (202) 267–9677, Flexibility Act. www.alaska.faa.gov/at. to request a copy of Advisory Circular The FAA’s authority to issue rules SUPPLEMENTARY INFORMATION: No. 11–2A, Notice of Proposed regarding aviation safety is found in Title 49 of the United States Code. Comments Invited Rulemaking Distribution System, which describes the application procedure. Subtitle 1, Section 106 describes the Interested parties are invited to authority of the FAA Administrator. participate in this proposed rulemaking The Proposal Subtitle VII, Aviation Programs, by submitting such written data, views, The FAA is considering an describes in more detail the scope of the or arguments as they may desire. amendment to the Code of Federal agency’s authority. Comments that provide the factual basis Regulations (14 CFR Part 71), which This rulemaking is promulgated supporting the views and suggestions would revise the Class E airspace at the under the authority described in presented are particularly helpful in Chevak Airport, in Chevak, AK. The Subtitle VII, Part A, Subpart 1, Section developing reasoned regulatory intended effect of this proposal is to 40103, Sovereignty and use of airspace. decisions on the proposal. Comments revise Class E airspace upward, from Under that section, the FAA is charged are specifically invited on the overall 700 ft. and 1,200 ft. above the surface, with prescribing regulations to ensure regulatory, aeronautical, economic, to contain Instrument Flight Rules (IFR) the safe and efficient use of the environmental, and energy-related operations at Chevak Airport, AK. navigable airspace. This regulation is aspects of the proposal. The FAA Instrument Flight within the scope of that authority Communications should identify both Procedures Production and because it proposes to create Class E

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airspace sufficient in size to contain DEPARTMENT OF TRANSPORTATION Comments Invited aircraft executing instrument Interested parties are invited to Federal Aviation Administration procedures at Chevak Airport and participate in this proposed rulemaking represents the FAA’s continuing effort by submitting such written data, views, 14 CFR Part 71 to safely and efficiently use the or arguments as they may desire. navigable airspace. [Docket No. FAA–2007–29012; Airspace Comments that provide the factual basis Docket No. 07–AAL–15] List of Subjects in 14 CFR Part 71 supporting the views and suggestions presented are particularly helpful in Proposed Revision of Class E Airspace, Incorporation by reference, developing reasoned regulatory Airspace; McGrath, AK Navigation (air). decisions on the proposal. Comments AGENCY: Federal Aviation are specifically invited on the overall The Proposed Amendment Administration (FAA), DOT. regulatory, aeronautical, economic, environmental, and energy-related In consideration of the foregoing, the ACTION: Notice of proposed rulemaking. aspects of the proposal. Federal Aviation Administration SUMMARY: Communications should identify both proposes to amend 14 CFR part 71 as This action proposes to revise Class E airspace at McGrath, AK. Five docket numbers and be submitted in follows: Standard Instrument Approach triplicate to the address listed above. PART 71—DESIGNATION OF CLASS A, Procedures (SIAPs) and a textual Commenters wishing the FAA to acknowledge receipt of their comments CLASS B, CLASS C, CLASS D, AND departure procedure (DP) are being on this notice must submit with those CLASS E AIRSPACE AREAS; amended for the McGrath Airport at comments a self-addressed, stamped AIRWAYS; ROUTES; AND REPORTING McGrath, AK. Additionally, one new SIAP is being developed. Adoption of postcard on which the following POINTS this proposal would result in revision of statement is made: ‘‘Comments to Docket No. FAA–2007–29012/Airspace 1. The authority citation for 14 CFR existing Class E airspace upward, from 700 feet (ft.) and 1,200 ft. above the Docket No. 07–AAL–15.’’ The postcard part 71 continues to read as follows: surface, at the McGrath Airport, will be date/time stamped and returned Authority: 49 U.S.C. 106(g), 40103, 40113, McGrath, AK. to the commenter. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– DATES: Comments must be received on All communications received on or 1963 Comp., p. 389. or before November 30, 2007. before the specified closing date for comments will be considered before ADDRESSES: Send comments on the § 71.1 [Amended] taking action on the proposed rule. The proposal to the Docket Management proposal contained in this notice may 2. The incorporation by reference in Facility, U.S. Department of be changed in light of comments 14 CFR 71.1 of Federal Aviation Transportation, 1200 New Jersey received. All comments submitted will Administration Order 7400.9R, Airspace Avenue, SE., West Building Ground be available for examination in the Designations and Reporting Points, Floor, Room W12–140, Washington, DC public docket both before and after the signed August 15, 2007, and effective 20590–0001. You must identify the closing date for comments. A report September 15, 2007, is to be amended docket number FAA–2007–29012/ summarizing each substantive public as follows: Airspace Docket No. 07–AAL–15, at the contact with FAA personnel concerned beginning of your comments. You may * * * * * with this rulemaking will be filed in the also submit comments on the Internet at docket. Paragraph 6005 Class E airspace extending http://www.regulations.gov. You may upward from 700 feet or more above the review the public docket containing the Availability of Notice of Proposed surface of the earth. proposal, any comments received, and Rulemaking’s (NPRM’s) * * * * * any final disposition in person in the An electronic copy of this document AAL AK E5 Chevak, AK [Revised] Dockets Office between 9 a.m. and 5 may be downloaded through the p.m., Monday through Friday, except Internet at http://www.regulations.gov. Chevak, Chevak Airport, AK Federal holidays. The Docket Office (Lat. 61°32′27″N., long. 165°35′03″W.) Recently published rulemaking (telephone 1–800–647–5527) is on the documents can also be accessed through That airspace extending upward from 700 plaza level of the Department of feet above the surface within a 7.0-mile the FAA’s Web page at http:// Transportation NASSIF Building at the www.faa.gov or the Superintendent of radius of the Chevak Airport; and that above address. airspace extending upward from 1,200 feet Document’s Web page at http:// An informal docket may also be www.access.gpo.gov/nara/index.html. above the surface within a 73-mile radius of examined during normal business hours the Chevak Airport. Additionally, any person may obtain at the office of the Manager, Safety, a copy of this notice by submitting a * * * * * Alaska Flight Service Operations, request to the Federal Aviation Issued in Anchorage, AK, on October 5, Federal Aviation Administration, 222 Administration, Office of Air Traffic 2007. West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 AK 99513–7587. Anthony M. Wylie, Independence Avenue, SW., FOR FURTHER INFORMATION CONTACT: Gary Manager, Alaska Flight Services Information Washington, DC 20591 or by calling Area Group. Rolf, Federal Aviation Administration, (202) 267–8783. Communications must 222 West 7th Avenue, Box 14, [FR Doc. E7–20314 Filed 10–15–07; 8:45 am] identify both docket numbers for this Anchorage, AK 99513–7587; telephone notice. Persons interested in being BILLING CODE 4910–13–P number (907) 271–5898; fax: (907) 271– placed on a mailing list for future 2850; e-mail: [email protected]. NPRM’s should contact the FAA’s Internet address: http:// Office of Rulemaking, (202) 267–9677, www.alaska.faa.gov/at. to request a copy of Advisory Circular SUPPLEMENTARY INFORMATION: No. 11–2A, Notice of Proposed

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Rulemaking Distribution System, which keep them operationally current. It, September 15, 2007, is to be amended describes the application procedure. therefore—(1) Is not a ‘‘significant as follows: regulatory action’’ under Executive The Proposal * * * * * Order 12866; (2) is not a ‘‘significant The FAA is considering an rule’’ under DOT Regulatory Policies Paragraph 6002 Class E Airspace amendment to the Code of Federal and Procedures (44 FR 11034; February Designated as Surface Areas. Regulations (14 CFR Part 71), which 26, 1979); and (3) does not warrant * * * * * would revise the Class E airspace at the preparation of a regulatory evaluation as AAL AK E2 McGrath, AK [Revised] McGrath Airport, in McGrath, AK. The the anticipated impact is so minimal. intended effect of this proposal is to McGrath, McGrath Airport, AK Since this is a routine matter that will (Lat. 62°57′10″ N., long. 155°36′20″ W.) revise Class E airspace upward, from only affect air traffic procedures and air 700 ft. and 1,200 ft. above the surface, That airspace within a 7.6-mile radius of navigation, it is certified that this rule, the McGrath Airport. This Class E airspace to contain Instrument Flight Rules (IFR) when promulgated, will not have a area is effective during the specific dates and operations at McGrath Airport, AK. significant economic impact on a times established in advance by a Notice to The FAA Instrument Flight substantial number of small entities Airmen. The effective date and time will Procedures Production and under the criteria of the Regulatory thereafter be continuously published in the Maintenance Branch has amended five Flexibility Act. Airport/Facility Directory. SIAPs and a DP, and developed one new The FAA’s authority to issue rules * * * * * SIAP for the McGrath Airport. The regarding aviation safety is found in amended approaches are (1) the High Title 49 of the United States Code. Paragraph 6005 Class E Airspace Extending Very High Frequency Omni-directional Upward from 700 feet or More Above the Subtitle 1, Section 106 describes the Surface of the Earth. Range (VOR)/Distance Measuring authority of the FAA Administrator. Equipment (DME) or Tactical Air Subtitle VII, Aviation Programs, * * * * * Navigation (TACAN) Runway (RWY) 16, describes in more detail the scope of the AAL AK E5 McGrath, AK [Revised] Amendment (Amdt) 1, (2) the VOR/ agency’s authority. McGrath, McGrath Airport, AK DME or TACAN RWY 16, Amdt 1, (3) This rulemaking is promulgated (Lat. 62°57′10″ N., long. 155°36′20″ W.) the VOR A, Amdt 8, (4) the VOR/DME under the authority described in That airspace extending upward from 700 C, Amdt 1 and (5) the Localizer (LOC)/ Subtitle VII, Part A, Subpart 1, Section feet above the surface within a 8.1-mile DME RWY 16, Amdt 3. The new 40103, Sovereignty and use of airspace. radius of the McGrath Airport and within 4 approach is the Area Navigation (RNAV) Under that section, the FAA is charged miles north and 8 miles south of the 123° Global Positioning System (GPS) RWY with prescribing regulations to ensure bearing from the McGrath Airport, AK 16, Original (Orig). Textual DP’s are the safe and efficient use of the extending from the 8.1-mile radius to 16 unnamed and are published in the front navigable airspace. This regulation is miles southeast of the McGrath Airport, AK, ° of the U.S. Terminal Procedures for within the scope of that authority and within 4 miles east and west of the 008 Alaska. Class E controlled airspace because it proposes to create Class E bearing from the McGrath Airport, AK, extending upward, from 700 ft. and extending from the 8.1-mile radius to 11.2 airspace sufficient in size to contain miles north of the McGrath Airport, AK; and 1,200 ft. above the surface, in the aircraft executing instrument that airspace extending upward from 1,200 McGrath Airport area would be revised procedures at McGrath Airport and feet above the surface within a 74-mile radius by this action. The proposed airspace is represents the FAA’s continuing effort of the McGrath Airport. sufficient in size to contain aircraft to safely and efficiently use the * * * * * executing the instrument procedures at navigable airspace. the McGrath Airport, McGrath, AK. Issued in Anchorage, AK, on October 5, The area would be depicted on List of Subjects in 14 CFR Part 71 2007. aeronautical charts for pilot reference. Airspace, Incorporation by reference, Anthony M. Wylie, The coordinates for this airspace docket Navigation (air). Manager, Alaska Flight Services Information are based on North American Datum 83. Area Group. The Class E airspace areas designated as The Proposed Amendment [FR Doc. E7–20315 Filed 10–15–07; 8:45 am] surface areas are published in paragraph In consideration of the foregoing, the BILLING CODE 4910–13–P 6002 in FAA Order 7400.9R, Airspace Federal Aviation Administration Designations and Reporting Points, proposes to amend 14 CFR part 71 as signed August 15, 2007, and effective follows: ENVIRONMENTAL PROTECTION September 15, 2007, which is AGENCY incorporated by reference in 14 CFR PART 71—DESIGNATION OF CLASS A, 71.1. The Class E airspace areas CLASS B, CLASS C, CLASS D, AND 40 CFR Part 52 designated as 700/1200 foot transition CLASS E AIRSPACE AREAS; areas are published in paragraph 6005 AIRWAYS; ROUTES; AND REPORTING [EPA–R05–OAR–2007–0376; FRL–8477–5] POINTS in FAA Order 7400.9R, Airspace Approval of Implementation Plans of Designations and Reporting Points, 1. The authority citation for 14 CFR Illinois: Clean Air Interstate Rule signed August 15, 2007, and effective part 71 continues to read as follows: September 15, 2007, which is AGENCY: Environmental Protection Authority: 49 U.S.C. 106(g), 40103, 40113, incorporated by reference in 14 CFR 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Agency (EPA). 71.1. The Class E airspace designations 1963 Comp., p. 389. ACTION: Proposed rule. listed in this document would be published subsequently in the Order. § 71.1 [Amended] SUMMARY: EPA is proposing to approve The FAA has determined that this 2. The incorporation by reference in a revision to the Illinois State proposed regulation only involves an 14 CFR 71.1 of Federal Aviation Implementation Plan (SIP) submitted on established body of technical Administration Order 7400.9R, Airspace September 14, 2007. This revision regulations for which frequent and Designations and Reporting Points, addresses the requirements of EPA’s routine amendments are necessary to signed August 15, 2007, and effective Clean Air Interstate Rule (CAIR),

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promulgated on May 12, 2005, and a subsequent final rule based on this North 5th Street, Kansas City, Kansas subsequently revised on April 28, 2006, proposed rule. EPA will not institute a 66101. Such deliveries are only and December 13, 2006. EPA is second comment period. Any parties accepted during the Regional Office’s proposing to determine that the SIP interested in commenting on this action normal hours of operation. The Regional revision fully implements the CAIR should do so at this time. Please note Office’s official hours of business are requirements for Illinois. As a that if EPA receives adverse comment Monday through Friday, 8 to 4:30, consequence of the SIP approval, EPA on an amendment, paragraph, or section excluding legal holidays. would also withdraw the CAIR Federal of this rule and if that provision may be Please see the direct final rule that is Implementation Plans (CAIR FIPs) severed from the remainder of the rule, located in the Rules section of this concerning SO2, NOX annual, and NOX EPA may adopt as final those provisions Federal Register for detailed ozone season emissions for Illinois. of the rule that are not the subject of an instructions on how to submit DATES: Comments must be received on adverse comment. For additional comments. or before November 15, 2007. information, see the direct final rule FOR FURTHER INFORMATION CONTACT: ADDRESSES: Submit your comments, which is located in the Rules section of Heather Hamilton at (913) 551–7039, or identified by Docket ID No. EPA–R05– this Federal Register. by e-mail at [email protected]. OAR–2007–0376, by one of the Dated: September 21, 2007. SUPPLEMENTARY INFORMATION: In the following methods: Bharat Mathur, final rules section of the Federal 1. www.regulations.gov: Follow the Acting Regional Administrator, Region 5. Register, EPA is approving the state’s on-line instructions for submitting [FR Doc. E7–20144 Filed 10–15–07; 8:45 am] SIP revision and Title V revision as a comments. BILLING CODE 6560–50–P direct final rule without prior proposal 2. E-mail: [email protected]. because the Agency views this as a 3. Fax: (312) 886–5824. noncontroversial revision amendment 4. Mail: ‘‘EPA–R05–OAR–2007– ENVIRONMENTAL PROTECTION and anticipates no relevant adverse 0376’’, John M. Mooney, Chief, Criteria AGENCY comments to this action. A detailed Pollutant Section, Air Programs Branch rationale for the approval is set forth in (AR–18J), U.S. Environmental 40 CFR Parts 52 and 70 the direct final rule. If no relevant Protection Agency, 77 West Jackson [EPA–R07–OAR–2007–0718; FRL–8482–9] adverse comments are received in Boulevard, Chicago, Illinois 60604. response to this action, no further 5. Hand Delivery or Courier: John M. Approval and Promulgation of State activity is contemplated in relation to Mooney, Chief, Criteria Pollutant Implementation Plans and Operating this action. If EPA receives relevant Section, Air Programs Branch (AR–18J), Permits Program; State of Iowa adverse comments, the direct final rule U.S. Environmental Protection Agency, will be withdrawn and all public 77 West Jackson Boulevard, Chicago, AGENCY: Environmental Protection comments received will be addressed in Illinois 60604. Such deliveries are only Agency (EPA). a subsequent final rule based on this accepted during the Regional Office’s ACTION: Proposed rule. proposed action. EPA will not institute normal hours of operation. The Regional a second comment period on this action. SUMMARY: Office’s official hours of business are EPA is proposing to approve Any parties interested in commenting Monday through Friday, 8:30 a.m. to revisions to the Iowa State on this action should do so at this time. 4:30 p.m., excluding Federal holidays. Implementation Plan (SIP) and Please note that if EPA receives adverse Please see the direct final rule which Operating Permits Program submitted comment on part of this rule and if that is located in the Rules section of this by the state of Iowa. These revisions part can be severed from the remainder Federal Register for detailed update and clarify various rules and of the rule, EPA may adopt as final instructions on how to submit makes minor revisions and corrections. those parts of the rule that are not the comments. Approval of these revisions will ensure subject of an adverse comment. For consistency between the state and additional information, see the direct FOR FURTHER INFORMATION CONTACT: John Federally-approved rules, and ensure Summerhays, Environmental Scientist, final rule that is located in the rules Federal enforceability of the State’s section of this Federal Register. Criteria Pollutant Section, Air Programs revised air program rules. Dated: October 5, 2007. Branch (AR–18J), Environmental DATES: Comments on this proposed Protection Agency, Region 5, 77 West action must be received in writing by William Rice, Jackson Boulevard, Chicago, Illinois November 15, 2007. Acting Regional Administrator, Region 7. 60604, (312) 886–6067, ADDRESSES: Submit your comments, [FR Doc. E7–20377 Filed 10–15–07; 8:45 am] [email protected]. identified by Docket ID No. EPA–R07– BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: In the OAR–2007–0718 by one of the following Final Rules section of this Federal methods: Register, EPA is approving the State’s 1. http://www.regulations.gov: Follow ENVIRONMENTAL PROTECTION SIP submittal as a direct final rule the on-line instructions for submitting AGENCY without prior proposal because the comments. 40 CFR Parts 52 and 97 Agency views this as a noncontroversial 2. E-mail: [email protected]. submittal and anticipates no adverse 3. Mail: Heather Hamilton, [EPA–R05–OAR–2007–0390; FRL–8481–3] comments. A detailed rationale for the Environmental Protection Agency, Air approval is set forth in the direct final Planning and Development Branch, 901 Approval and Promulgation of State rule. If no adverse comments are North 5th Street, Kansas City, Kansas Implementation Plans; Ohio: Clean Air received in response to this rule, no 66101. Interstate Rule further activity is contemplated. If EPA 4. Hand Delivery or Courier: Deliver AGENCY: Environmental Protection receives adverse comments, EPA will your comments to Heather Hamilton, Agency (EPA). withdraw the direct final rule and will Environmental Protection Agency, Air ACTION: Proposed rule. address all public comments received in Planning and Development Branch, 901

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SUMMARY: EPA is proposing approval of comments, EPA will withdraw the ADDRESSES: Submit your comments, a revision to the Ohio State direct final rule and will address all identified by Docket ID No. EPA–R04– Implementation Plan (SIP) submitted on public comments received in a OAR–2007–0958, by one of the April 17, 2007, as amended by letter on subsequent final rule based on this following methods: September 26, 2007. This revision proposed rule. EPA will not institute a 1. http://www.regulations.gov: Follow addresses the requirements of EPA’s second comment period. Any parties the on-line instructions for submitting Clean Air Interstate Rule (CAIR), interested in commenting on this action comments. promulgated on May 12, 2005, and should do so at this time. Please note 2. E-mail: [email protected]. subsequently revised on April 28, 2006, that if EPA receives adverse comment 3. Fax: 404–562–9019. and December 13, 2006. EPA is on an amendment, paragraph, or section 4. Mail: EPA–R04–OAR–2007–0958, proposing to determine that the Ohio of this rule and if that provision may be Regulatory Development Section, Air SIP revision meets selected provisions severed from the remainder of the rule, Planning Branch, Air, Pesticides and of the Clean Air Interstate Rule Federal EPA may adopt as final those provisions Toxics Management Division, U.S. Implementation Plan emission of the rule that are not the subject of an Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., reduction requirements under the NOX adverse comment. For additional SIP Call and, as such, is approvable. information, see the direct final rule Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Stacy which is located in the Rules section of DATES: Comments must be received on Harder, Regulatory Development this Federal Register. or before November 15, 2007. Section, Air Planning Branch, Air, ADDRESSES: Submit your comments, Dated: September 28, 2007. Pesticides and Toxics Management identified by Docket ID No. EPA-R05- Bharat Mathur, Division, U.S. Environmental Protection OAR–2007–0390, by one of the Acting Regional Administrator, Region 5. Agency, Region 4, 61 Forsyth Street, following methods: [FR Doc. E7–20251 Filed 10–15–07; 8:45 am] SW., Atlanta, Georgia 30303–8960. Such 1. www.regulations.gov: Follow the BILLING CODE 6560–50–P deliveries are only accepted during the on-line instructions for submitting Regional Office’s normal hours of comments. operation. The Regional Office’s official 2. E-mail: [email protected]. ENVIRONMENTAL PROTECTION hours of business are Monday through 3. Fax: (312) 886–5824. AGENCY Friday, 8:30 to 4:30, excluding Federal 4. Mail: ‘‘EPA–R05–OAR–2007– holidays. 0390’’, John M. Mooney, Chief, Criteria 40 CFR Part 81 Instructions: Direct your comments to Pollutant Section, Air Programs Branch Docket ID No. EPA–R04–OAR–2007– (AR–18J), U.S. Environmental [EPA–R04–OAR–2007–0958–200744; FRL– 8482–6] 0958. EPA’s policy is that all comments Protection Agency, 77 West Jackson received will be included in the public Boulevard, Chicago, Illinois 60604. Determination of Nonattainment and docket without change and may be 5. Hand Delivery or Courier: John M. Reclassification of the Atlanta, GA, 8- made available online at Mooney, Chief, Criteria Pollutant Hour Ozone Nonattainment Area www.regulations.gov, including any Section, Air Programs Branch (AR–18J), personal information provided, unless U.S. Environmental Protection Agency, AGENCY: Environmental Protection the comment includes information 77 West Jackson Boulevard, Chicago, Agency (EPA). claimed to be Confidential Business Illinois 60604. Such deliveries are only ACTION: Proposed rule. Information (CBI) or other information accepted during the Regional Office’s whose disclosure is restricted by statute. normal hours of operation. The Regional SUMMARY: EPA is proposing to find that Do not submit through Office’s official hours of business are the Atlanta, Georgia marginal 8-hour www.regulations.gov or e-mail, Monday through Friday, 8:30 to 4:30, nonattainment ozone area has failed to information that you consider to be CBI excluding Federal holidays. Please see attain the 8-hour ozone national or otherwise protected. The the direct final rule which is located in ambient air quality standard (‘‘NAAQS’’ www.regulations.gov Web site is an the Rules section of this Federal or ‘‘standard’’) by June 15, 2007, the ‘‘anonymous access’’ system, which Register for detailed instructions on attainment deadline set forth in the means EPA will not know your identity how to submit comments. Clean Air Act (CAA) and Code of or contact information unless you FOR FURTHER INFORMATION CONTACT: John Federal Regulations (CFR) for marginal provide it in the body of your comment. Paskevicz, Engineer, Criteria Pollutant nonattainment areas. If EPA finalizes If you send an e-mail comment directly Section, Air Programs Branch (AR–18J), this finding, the Atlanta, Georgia area to EPA without going through Environmental Protection Agency, will then be reclassified, by operation of www.regulations.gov, your e-mail Region 5, 77 West Jackson Boulevard, law, as a moderate 8-hour ozone address will be automatically captured Chicago, Illinois 60604, (312) 886–6084, nonattainment area. The moderate area and included as part of the comment [email protected]. attainment date for the Atlanta, Georgia that is placed in the public docket and SUPPLEMENTARY INFORMATION: In the area would then be ‘‘as expeditiously as made available on the Internet. If you Final Rules section of this Federal practicable,’’ but no later than June 15, submit an electronic comment, EPA Register, EPA is approving the State’s 2010. Once reclassified, Georgia must recommends that you include your SIP submittal as a direct final rule submit a State Implementation Plan name and other contact information in without prior proposal because the (SIP) revision that meets the 8-hour the body of your comment and with any Agency views this as a non- ozone nonattainment requirements for disk or CD–ROM you submit. If EPA controversial submittal and anticipates moderate areas, as required by the CAA. cannot read your comment due to no adverse comments. A detailed In this action, EPA is also proposing the technical difficulties and cannot contact rationale for the approval is set forth in schedule for Georgia’s submittal of the you for clarification, EPA may not be the direct final rule. If no adverse SIP revision required for moderate areas able to consider your comment. comments are received in response to once the area is reclassified. Electronic files should avoid the use of this rule, no further activity is DATES: Comments must be received on special characters, any form of contemplated. If EPA receives adverse or before November 15, 2007. encryption, and be free of any defects or

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viruses. For additional information I. What Is the Background for this daily maximum 8-hour average ozone about EPA’s public docket visit the EPA Proposed Action? concentration with the level of the Docket Center homepage at http:// standard. The third decimal place of the A. What Are the National Ambient Air www.epa.gov/epahome/dockets.htm. computed value is rounded, with values Quality Standards? Docket: All documents in the equal to or greater than 5 rounding up. The CAA requires EPA to establish a electronic docket are listed in the Thus, a computed 3-year average ozone NAAQS for pollutants that ‘‘may concentration of 0.085 ppm is the www.regulations.gov index. Although reasonably be anticipated to endanger listed in the index, some information is smallest value that is greater than 0.08 public health and welfare’’ and to ppm.’’ not publicly available, i.e., CBI or other develop a primary and secondary information whose disclosure is standard for each NAAQS. The primary C. What Is a SIP and How Does It Relate restricted by statute. Certain other standard is designed to protect human to the NAAQS for 8-Hour Ozone? material, such as copyrighted material, health with an adequate margin of safety Section 110 of the CAA requires states is not placed on the Internet and will be and the secondary standard is designed to develop air pollution regulations and publicly available only in hard copy to protect public welfare and the control strategies to ensure that state air form. Publicly available docket environment. EPA has set NAAQS for quality meets the NAAQS established materials are available either six common air pollutants referred to as by EPA. Each state must submit these electronically in www.regulations.gov or criteria pollutants: carbon monoxide, regulations and control strategies to EPA in hard copy at the Regulatory lead, nitrogen dioxide, ozone, for approval and incorporation into the Development Section, Air Planning particulate matter, and sulfur dioxide. federally-enforceable SIP. Each Branch, Air, Pesticides and Toxics These standards present state and local federally-approved SIP protects air Management Division, U.S. governments with the air quality levels quality primarily by addressing air Environmental Protection Agency, they must meet to comply with the pollution at its point of origin. They Region 4, 61 Forsyth Street, SW., CAA. Also, these standards allow the may contain state regulations or other Atlanta, Georgia 30303–8960 or the Air American people to assess whether or enforceable documents and supporting Planning Branch, U.S. Environmental not the air quality in their communities information such as emission Protection Agency. EPA requests that if is healthful. inventories, monitoring networks, and at all possible, you contact the persons modeling demonstrations. listed in the FOR FURTHER INFORMATION B. What Is the Standard for 8-Hour CONTACT section to schedule your Ozone? D. What Is the Atlanta, Georgia inspection. The Regional Office’s On July 18, 1997, EPA promulgated a Nonattainment Area, and What Is Its official hours of business are Monday revised 8-hour ozone standard of 0.08 Current 8-Hour Ozone Nonattainment through Friday, 8:30 to 4:30, excluding parts per million (ppm). This new Classification? Federal holidays. standard is more stringent than the The Atlanta 8-hour ozone previous 1-hour ozone standard. Under nonattainment area is located in FOR FURTHER INFORMATION CONTACT: EPA regulations at 40 CFR part 50, the Northern Georgia and consists of Stacy Harder, Air Planning Branch, Air, 8-hour ozone standard is attained when Barrow, Barton, Carroll, Cherokee, Pesticides and Toxics Management the 3-year average of the annual fourth Clayton, Cobb, Coweta, Dekalb, Douglas, Division, U.S. EPA Region 4, 61 Forsyth highest daily maximum 8-hour average Fayette, Forsyth, Fulton, Gwinnett, Street, SW., Atlanta, Georgia 30303– ambient air quality ozone concentration Henry, Newton, Paulding, Pickens, 8960. Phone: (404) 562–9029. E-mail: is less than or equal to 0.08 ppm (i.e., Rockdale, Spaulding, and Walton [email protected]. 0.084 ppm when rounding is Counties. For areas subject to Subpart 2 SUPPLEMENTARY INFORMATION: considered). (See, 69 FR 23857 (April of the CAA, such as the Atlanta 30, 2004) for further information.) nonattainment area, the maximum Table of Contents Ambient air quality monitoring data for period for attainment runs from the I. What Is the Background for This Proposed the 3-year period must meet a data effective date of designations and Action? completeness requirement. The ambient classifications for the 8-hour ozone A. What Are the National Ambient Air air quality monitoring data NAAQS and will be the same period as Quality Standards? completeness requirement is met when provided in Table 1 of CAA Section B. What Is the Standard for 8-Hour Ozone? the average percent of days with valid 181(a): Marginal—3 years; Moderate—6 C. What Is a SIP and How Does It Relate ambient monitoring data is greater than years; Serious—9 years, Severe—15 or to the NAAQS for 8-Hour Ozone? 90 percent, and no single year has less 17 years; and Extreme—20 years. The D. What Is the Atlanta, Georgia than 75 percent data completeness as Phase I Ozone Implementation Rule Nonattainment Area, and What Is Its determined in Appendix I of part 50. (April 30, 2004, 69 FR 23951) provides Current 8-Hour Ozone Nonattainment Specifically, section 2.3 of 40 CFR part for classification of the 8-hour ozone Classification? 50, Appendix I, ‘‘Comparisons with the NAAQS (40 CFR 51.903). The effective E. What Are the CAA Provisions Regarding Primary and Secondary Ozone date of designations and classifications Determinations of Nonattainment and Standards’’ states: for the 8-hour ozone NAAQS was June Reclassifications? ‘‘The primary and secondary ozone II. What Is EPA’s Evaluation of the Atlanta 15, 2004. See, April 30, 2004, 69 FR ambient air quality standards are met at Area’s 8-Hour Ozone Data? 23858. III. What Action Is EPA Proposing? an ambient air quality monitoring site The Atlanta area was initially A. Determination of Nonattainment, when the 3-year average of the annual designated nonattainment for the 8-hour Reclassification of Atlanta fourth-highest daily maximum 8-hour ozone standard on April 30, 2004, and Nonattainment Area and New average ozone concentration is less than classified ‘‘marginal’’ based on a design Attainment Date or equal to 0.08 ppm. The number of value of .091 parts per million (ppm), B. Proposed Date for Submitting a Revised significant figures in the level of the with an attainment date of June 15, SIP for the Atlanta Area standard dictates the rounding 2007. The design value of an area, IV. Proposed Action convention for comparing the computed which characterizes the severity of the V. Statutory and Executive Order Reviews 3-year average annual fourth-highest air quality concern, is represented by

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the annual fourth-highest daily attainment date, the area must be Confederate Avenue monitor has maximum 8-hour average ozone reclassified by operation of law to the measured some of the highest 8-hour concentration measured at each monitor higher of (1) the next higher average ozone concentrations in the averaged over any three-year period. classification for the area, or (2) the Atlanta area. The fourth-highest daily classification applicable to the area’s maximum readings for 2004, 2005, and E. What Are the CAA Provisions design value as determined at the time 2006 in Atlanta are .092, .092, and .099 Regarding Determinations of of the required Federal Register notice. ppm, respectively. The 2004 fourth- Nonattainment and Reclassifications? Section 181(b)(2)(B) requires EPA to highest daily maximum reading was Section 181(b)(2) prescribes the publish in the Federal Register a notice from the Gwinnett Tech monitor, the process for making determinations upon identifying any area that has failed to 2005 fourth-highest daily maximum failure of an ozone nonattainment area attain by its attainment date and the reading was from the Confederate to attain by its attainment date, and for resulting reclassification. Different Avenue monitor in Fulton County and reclassification of an ozone circumstances apply to severe and the 2006 fourth-highest daily maximum nonattainment area. Section extreme areas. reading was from the Conyers 181(b)(2)(A) of the CAA requires that Monastery monitor in Rockdale County. II. What Is EPA’s Evaluation of the EPA determine, based on the area’s For the Atlanta ozone nonattainment Atlanta Area’s 8-Hour Ozone Data? design value (as of the attainment date), area, the attainment determination is whether an ozone nonattainment area EPA makes attainment determinations based on 2004–2006 air quality data. attained the ozone standard by that date. for ozone nonattainment areas using The area has a 2004–2006 design value For marginal, moderate and serious available quality-assured air quality of .091 ppm. Therefore, the Atlanta area areas, if EPA finds that the data. Within the Atlanta area, ground- did not attain the 8-hour ozone NAAQS nonattainment area has failed to attain level ozone is measured at various by the June 15, 2007, deadline for the ozone standard by the applicable monitors. In recent years, the marginal areas.

TABLE 1.—ATLANTA AREA FOURTH HIGHEST 8-HOUR OZONE CONCENTRATIONS AND DESIGN VALUES

Fourth highest daily maximum Design value Site 3-year average 2004 2005 2006 (2004–2006)

GA National Guard—Cobb Co...... 0.073 0.081 0.093 0.082 U. of W.GA at Newnan—Coweta Co...... 0.083 0.078 0.086 0.082 S. Dekalb—Dekalb Co...... 0.084 0.087 0.096 0.089 Idlewood Rd.—Dekalb Co...... 0.088 0.084 0.094 0.088 Douglasville W.—Douglas Co...... 0.08 0.089 0.095 0.088 Fayetteville—Fayette Co...... 0.084 0.086 0.09 0.086 Confederate Ave.—Fulton Co...... 0.089 0.092 0.092 0.091 Gwinnett Tech—Gwinnett Co...... 0.092 0.082 0.096 0.090 Henry Co. Ext. Office—Henry Co...... 0.085 0.089 0.095 0.089 Yorkville—Paulding Co...... 0.073 0.082 0.084 0.091 Conyers Monastery—Rockdale Co...... 0.087 0.088 0.099 0.091

Under Sections 172(a)(2)(C) and operation of law to the higher of: the standard by the marginal area applicable 181(a)(5) of the CAA, an area can qualify next higher classification, or the attainment date of June 15, 2007. for up to two 1-year extensions of its classification applicable to the area’s III. What Action Is EPA Proposing? attainment date based on the number of ozone design value at the time of the exceedances in the attainment year and required notice under Section A. Determination of Nonattainment, whether the state has complied with all 181(b)(2)(B). Section 181(b)(2)(B) Reclassification of Atlanta requirements and commitments requires EPA to publish a notice in the Nonattainment Area and New pertaining to the area in the applicable Federal Register identifying the Attainment Date SIP. For the 8-hour standard, if an area’s reclassification status of an area that has Pursuant to section 181(b)(2), EPA is fourth-highest daily 8-hour average in failed to attain the standard by its proposing to find that the Atlanta area the attainment year is 0.084 ppm or less attainment date. The classification that (40 CFR 51.907), the area is eligible for has failed to attain the 8-hour ozone would be applicable to the Atlanta up to two 1-year attainment date NAAQS by the June 15, 2007, area’s ozone design value at the time of extensions. The attainment year is the attainment deadline prescribed under year immediately preceding the this notice is ‘‘marginal’’ because the the CAA for marginal ozone nonattainment area’s attainment date. area’s 2006 calculated design value, nonattainment areas. When EPA For Atlanta, the attainment year is 2006. based on quality-assured ozone finalizes this finding, and it takes effect, In 2006, the maximum fourth-highest monitoring data from 2004–2006, is the Atlanta area will be reclassified by daily 8-hour average value was 0.99 0.091 ppm. By contrast, the next higher operation of law from marginal ppm. Based on this information, the classification for the Atlanta area is nonattainment to moderate Atlanta area currently does not qualify ‘‘moderate.’’ Because ‘‘moderate’’ is a nonattainment. Moderate areas are for a 1-year extension of the attainment higher nonattainment classification than required to attain the standard ‘‘as date. ‘‘marginal’’ under the CAA statutory expeditiously as practicable,’’ but no Section 181(b)(2)(A) of the CAA scheme, upon the effective date of a later than 6 years after designation or provides that, when EPA finds that an final rulemaking, the Atlanta area would June 15, 2010. The ‘‘as expeditiously as area failed to attain by the applicable be reclassified by operation of law as practicable’’ attainment date will be date, the area is reclassified by ‘‘moderate,’’ for failing to attain the determined as part of the action on the

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required SIP submittal demonstrating ozone nonattainment areas set forth in information; and transmit or otherwise attainment of the 8-hour ozone CAA section 182(b).) disclose the information. An agency standard. EPA is proposing a schedule may not conduct or sponsor, and a IV. Proposed Action by which Georgia will submit the SIP person is not required to respond to a revision necessary for the proposed Pursuant to CAA section 181(b)(2), collection of information unless it reclassification to moderate EPA is proposing to find that the displays a currently valid Office of nonattainment of the 8-hour ozone Atlanta marginal 8-hour ozone area has Management and Budget (OMB) control standard. failed to attain the 8-hour ozone number. The OMB control numbers for NAAQS by June 15, 2007. If EPA EPA’s regulations in 40 CFR are listed B. Proposed Date for Submitting a finalizes its proposal, the area will, by in 40 CFR part 9. Revised SIP for the Atlanta Area operation of law, be reclassified as a C. Regulatory Flexibility Act When an area is reclassified, EPA has moderate 8-hour ozone nonattainment the authority under section 182(i) of the area. Pursuant to section 182(i) of the The Regulatory Flexibility Act (RFA) Act to adjust the Act’s submittal CAA, EPA is also proposing the generally requires an agency to prepare deadlines for any new SIP revisions that schedule for submittal of the SIP a regulatory flexibility analysis of any are required as a result of the revision required for moderate areas rule subject to notice and comment reclassification. Pursuant to 40 CFR once the area is reclassified. EPA rulemaking requirements under the 51.908(d), for each nonattainment area, proposes that the required SIP revision Administrative Procedures Act or any the state must provide for for Georgia be submitted as other statute unless the agency certifies implementation of all control measures expeditiously as practicable, but not the rule will not have a significant needed for attainment no later than the later than December 31, 2008. economic impact on a substantial number of small entities. Small entities beginning of the attainment year ozone V. Statutory and Executive Order season. The attainment year ozone include small businesses, small Reviews organizations, and small governmental season is the ozone season immediately jurisdictions. preceding a nonattainment area’s A. Executive Order 12866, Regulatory Planning and Review For purposes of assessing the impacts attainment date, in this case, 2009 (40 of this action on small entities, small CFR 51.900(g)). The ozone season is the This action is not a ‘‘significant entity is defined as: (1) A small business ozone monitoring season as defined in regulatory action’’ under the terms of that is a small industrial entity as 40 CFR part 58, Appendix D, section Executive Order (EO) 12866 (58 FR defined in the U.S. Small Business 4.1, Table D–3 (October 17, 2006, 71 FR 51735, October 4, 1993), and is therefore Administration (SBA) size standards, 61236). For the purposes of this not subject to review under the EO. The see, 13 CFR 121; (2) a small reclassification for the Atlanta, Georgia Agency has determined that the finding governmental jurisdiction that is a area, March 1st is the beginning of the of nonattainment would result in none government of a city, county, town, ozone monitoring season. As a result of of the effects identified in the Executive school district or special district with a discussions with the State, EPA Order. Under section 181(b)(2) of the population of less than 50,000; and (3) proposes that the required SIP revision CAA, determinations of nonattainment a small organization that is any not-for- be submitted as expeditiously as are based upon air quality profit enterprise which is independently practicable, but not later than December considerations and the resulting owned and operated and is not 31, 2008. reclassifications must occur by dominant in its field. Determinations of A revised SIP must include the operation of law. nonattainment and the resulting following moderate area requirements: B. Paperwork Reduction Act reclassification of nonattainment areas (1) An attainment demonstration (40 by operation of law under section CFR 51.908); (2) provisions for This rule does not impose an 181(b)(2) of the CAA do not in and of reasonably available control technology information collection burden under the themselves create any new and reasonably available control provisions of the Paperwork Reduction requirements. Instead, this rulemaking measures (40 CFR 51.912); (3) Act, 44 U.S.C. 3501 et seq. This only makes a factual determination, and reasonable further progress reductions proposed action to reclassify the Atlanta does not directly regulate any entities. in volatile organic compound (VOC) area as a moderate ozone nonattainment After considering the economic impacts and/or nitrogen oxides (NOX) emissions area and to adjust applicable deadlines of today’s action on small entities, I in Cherokee, Clayton, Cobb, Coweta, does not establish any new information certify that this proposed rule will not Dekalb, Douglas, Fayette, Forsyth, collection burden. Burden means the have a significant economic impact on Fulton, Gwinnett, Henry, Paulding and total time, effort, or financial resources a substantial number of small entities. Rockdale Counties (the 13 counties expended by persons to generate, included in the Atlanta 1-hour ozone maintain, retain, or disclose or provide D. Unfunded Mandates Reform Act nonattainment area) and reasonable information to or for a Federal agency. Title II of the Unfunded Mandates further progress reductions in VOC This includes the time needed to review Reform Act of 1995 (UMRA), Public emissions in Barrow, Barton, Carroll, instructions; develop, acquire, install, Law 104–4, establishes requirements for Newton, Pickens, Spaulding, and and utilize technology and systems for Federal agencies to assess the effects of Walton Counties (40 CFR 51.910); (4) the purposes of collecting, validating, their regulatory actions on state, local, contingency measures to be and verifying information, processing and Tribal governments and the private implemented in the event of failure to and maintaining information, and sector. Under section 202 of the UMRA, meet a milestone or attain the standard disclosing and providing information; EPA generally must prepare a written (CAA 172(c)(9)); (5) a vehicle inspection adjust the existing ways to comply with statement, including a cost-benefit and maintenance program (40 CFR any previously applicable instructions analysis, for proposed and final rules 51.350); and (6) nitrogen oxide and VOC and requirements; train personnel to be with ‘‘Federal mandates’’ that may emission offsets of 1.15 to 1 for major able to respond to a collection of result in expenditures to state, local, source permits (40 CFR 51.165(a)). (See information; search data sources; and Tribal governments, in the also, the requirements for moderate complete and review the collection of aggregate, or to the private sector, of

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$100 million or more in any one year. regulatory policies that have federalism the regulatory action meets both criteria, Before promulgating an EPA rule for implications.’’ ‘‘Policies that have the Agency must evaluate the which a written statement is needed, federalism implications’’ is defined in environmental health or safety effects of section 205 of the UMRA generally the Executive Order to include the planned rule on children, and requires EPA to identify and consider a regulations that have ‘‘substantial direct explain why the planned regulation is reasonable number of regulatory effects on the States, on the relationship preferable to other potentially effective alternatives and adopt the least costly, between the national government and and reasonably feasible alternatives most cost-effective or least burdensome the States, or on the distribution of considered by the Agency. This action alternative that achieves the objectives power and responsibilities among the is not subject to Executive Order 13045 of the rule. The provisions of section various levels of government.’’ because it is not economically 205 do not apply when they are This proposed rule does not have significant as defined in Executive inconsistent with applicable law. federalism implications. It will not have Moreover, section 205 allows EPA to substantial direct effects on the states, Order 12866, and because the Agency adopt an alternative other than the least on the relationship between the national does not have reason to believe the costly, most cost-effective or least government and the states, or on the environmental health risks or safety burdensome alternative if the distribution of power and risks addressed by this rule present a Administrator publishes with the final responsibilities among the various disproportionate risk to children. This rule an explanation to why that levels of government, as specified in action merely proposes to determine alternative was not adopted. Before EPA Executive Order 13132. This action that the Atlanta area has not attained by establishes any regulatory requirements merely proposes to determine that the its applicable attainment date, and to that may significantly or uniquely affect Atlanta area has not attained by its reclassify the Atlanta area as a moderate small governments, including Tribal applicable attainment date, and to ozone nonattainment area and to adjust governments, it must have developed reclassify the Atlanta area as a moderate applicable deadlines. under section 203 of the UMRA a small ozone nonattainment area and to adjust government agency plan. The plan must applicable deadlines. Thus, Executive H. Executive Order 13211: Actions That provide for notifying potentially Order 13132 does not apply to this Significantly Affect Energy Supply, affected small governments, enabling proposed rule. Distribution, or Use officials of affected small governments F. Executive Order 13175: Consultation This action is not subject to Executive to have meaningful and timely input in and Coordination With Indian Tribal Order 13211, ‘‘Actions That the development of EPA regulatory Governments proposals with significant Federal Significantly Affect Energy Supply, intergovernmental mandates, and Executive Order 13175, entitled, Distribution, or Use’’ (66 FR 28355, May informing, educating, and advising ‘‘Consultation and Coordination with 22, 2001), because it is not a significant small governments on compliance with Indian Tribal Governments’’ (65 FR regulatory action under Executive Order the regulatory requirements. 67249, November 9, 2000), requires EPA 12866. This proposed action does not include to develop an accountable process to I. National Technology Transfer a Federal mandate within the meaning ensure ‘‘meaningful and timely input by Advancement Act of UMRA that may result in tribal officials in the development of expenditures of $100 million or more in regulatory policies that have tribal As noted in the proposed rule, any one year by either state, local, or implications.’’ This action does not have Section 12(d) of the National ‘‘Tribal implications’’ as specified in Tribal governments in the aggregate or Technology Transfer Advancement Act Executive Order 13175. This action to the private sector, and therefore, is of 1995 (NTTAA), Public Law 104–113, not subject to the requirements of merely proposes to determine that the section 12(d) (15 U.S.C. 272 note) sections 202 and 205 of the UMRA. Atlanta area has not attained by its directs EPA to use voluntary consensus Also, EPA has determined that this rule applicable attainment date, and to contains no regulatory requirements that reclassify the Atlanta area as a moderate standards (VCS) in its regulatory might significantly or uniquely affect ozone nonattainment area and to adjust activities unless to do so would be small governments and therefore, is not applicable deadlines. The CAA and the inconsistent with applicable law or subject to the requirements of section Tribal Authority Rule establish the otherwise impractical. Voluntary 203. EPA believes, as discussed relationship of the Federal government consensus standards are technical previously in this document, that the and Tribes in developing plans to attain standards (e.g., materials specifications, finding of nonattainment is a factual the NAAQS, and this rule does nothing test methods, sampling procedures, and determination based upon air quality to modify that relationship. Thus, business practices) that are developed or considerations and that the resulting Executive Order 13175 does not apply adopted by VCS bodies. The NTTAA reclassification of the area must occur to this proposed rule. directs EPA to provide Congress, by operation of law. Thus, EPA believes Executive Order 13045: Protection of through OMB, explanations when the that the proposed finding does not Children From Environmental Health Agency decides not to use available and constitute a Federal mandate, as defined and Safety Risks applicable VCS. This action merely in section 101 of the UMRA, because it proposes to determine that the Atlanta does not impose an enforceable duty on Executive Order 13045: ‘‘Protection of area has not attained by its applicable any entity. Children From Environmental Health attainment date, and to reclassify the and Safety Risks’’ (62 FR 19885, April Atlanta area as a moderate ozone E. Executive Order 13132: Federalism 23, 1997), applies to any rule that (1) is nonattainment area and to adjust Executive Order 13132, entitled determined to be ‘‘economically ‘‘Federalism’’ (64 FR 43255, August 10, significant’’ as defined under Executive applicable deadlines. Therefore, EPA 1999), requires EPA to develop an Order 12866, and (2) concerns an did not consider the use of any accountable process to ensure environmental health or safety risk that voluntary consensus standards. ‘‘meaningful and timely input by State EPA has reason to believe may have and local officials in the development of disproportionate effect on children. If

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J. Executive Order 12898: Federal or ‘‘standard’’) by June 15, 2007, the made available online at Actions To Address Environmental attainment deadline set forth in the www.regulations.gov, including any Justice in Minority Populations and Clean Air Act (CAA) and Code of personal information provided, unless Low-Income Populations Federal Regulations (CFR) for marginal the comment includes information Executive Order 12898 (59 FR 7629, nonattainment areas. If EPA finalizes claimed to be Confidential Business February 16, 1994) establishes federal this finding, the Memphis TN–AR Information (CBI) or other information executive policy on environmental Nonattainment Area will then be whose disclosure is restricted by statute. justice. Its main provision directs reclassified as a moderate 8-hour ozone Do not submit through Federal agencies, to the greatest extent nonattainment area. The moderate area www.regulations.gov or e-mail, practicable and permitted by law, to attainment date for the reclassified information that you consider to be CBI make environmental justice part of their Memphis TN–AR Nonattainment Area or otherwise protected. The mission by identifying and addressing, would then be as expeditiously as www.regulations.gov Web site is an as appropriate, disproportionately high practicable, but no later than June 15, ‘‘anonymous access’’ system, which and adverse human health or 2010. Once reclassified, Tennessee and means EPA will not know your identity environmental effects of their programs, Arkansas must submit State or contact information unless you policies, and activities on minority Implementation Plan (SIP) revisions that provide it in the body of your comment. populations and low-income meet the 8-hour ozone nonattainment If you send an e-mail comment directly populations in the United States. requirements for moderate areas, as to EPA without going through EPA has determined that this required by the CAA. In this action, EPA www.regulations.gov, your e-mail proposed rule will not have is also proposing the schedule for the address will be automatically captured disproportionately high and adverse States’ submittal of the SIP revisions and included as part of the comment human health or environmental effects required for moderate areas once the that is placed in the public docket and on minority or low-income populations area is reclassified. made available on the Internet. If you because it does not affect the level of DATES: Comments must be received on submit an electronic comment, EPA protection provided to human health or or before November 15, 2007. recommends that you include your the environment. This action merely ADDRESSES: Submit your comments, name and other contact information in proposes to determine that the Atlanta identified by Docket ID No. EPA–R04– the body of your comment and with any area has not attained by its applicable OAR–2007–0959, by one of the disk or CD–ROM you submit. If EPA attainment date, and to reclassify the following methods: cannot read your comment due to Atlanta area as a moderate ozone 1. www.regulations.gov: Follow the technical difficulties and cannot contact nonattainment area and to adjust on-line instructions for submitting you for clarification, EPA may not be applicable deadlines. comments. able to consider your comment. 2. E-mail: [email protected] or List of Subjects in 40 CFR Part 81 Electronic files should avoid the use of [email protected]. special characters, any form of Environmental protection, Air 3. Fax: 404–562–9019 (Region 4) or encryption, and be free of any defects or pollution control, National parks, 214–665–7263 (Region 6). viruses. For additional information Wilderness areas. 4. Mail: EPA–R04–OAR–2007–0959, about EPA’s public docket visit the EPA Authority: 42 U.S.C. 7401 et seq. Regulatory Development Section, Air Docket Center homepage at http:// Planning Branch, Air, Pesticides and Dated: October 9, 2007. www.epa.gov/epahome/dockets.htm. Toxics Management Division, U.S. Russell L. Wright, Jr., Environmental Protection Agency, Docket: All documents in the Acting Regional Administrator, Region 4. Region 4, 61 Forsyth Street, SW., electronic docket are listed in the [FR Doc. E7–20342 Filed 10–15–07; 8:45 am] Atlanta, Georgia 30303–8960, or Air www.regulations.gov index. Although BILLING CODE 6560–50–P Planning Section, U.S. Environmental listed in the index, some information is Protection Agency, Region 6, 1445 Ross not publicly available, i.e., CBI or other Avenue, Dallas, Texas 75202–2733. information whose disclosure is ENVIRONMENTAL PROTECTION 5. Hand Delivery or Courier: Jane restricted by statute. Certain other AGENCY Spann, Regulatory Development material, such as copyrighted material, Section, Air Planning Branch, Air, is not placed on the Internet and will be 40 CFR Part 81 Pesticides and Toxics Management publicly available only in hard copy [EPA–R04–OAR–2007–0959–200745; FRL– Division, U.S. Environmental Protection form. Publicly available docket 8482–3] Agency, Region 4, 61 Forsyth Street, materials are available either SW., Atlanta, Georgia 30303–8960, or electronically in www.regulations.gov or Determination of Nonattainment and Jeffrey Riley, Air Planning Section, U.S. in hard copy at the Regulatory Reclassification of the Memphis, TN/ Environmental Protection Agency, Development Section, Air Planning Crittenden County, AR 8-Hour Ozone Region 6, 1445 Ross Avenue, Dallas, Branch, Air, Pesticides and Toxics Nonattainment Area Texas 75202–2733. Such deliveries are Management Division, U.S. AGENCY: Environmental Protection only accepted during the Regional Environmental Protection Agency, Agency (EPA). Offices’ normal hours of operation. The Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960 or the Air ACTION: Proposed rule. Regional Offices’ official hours of business are Monday through Friday, Planning Section, U.S. Environmental SUMMARY: EPA is proposing to find that 8:30 a.m. to 4:30 p.m., excluding Protection Agency, Region 6, 1445 Ross the Memphis, Tennessee and Crittenden Federal holidays. Avenue, Dallas, Texas 75202–2733. EPA County, Arkansas marginal 8-hour Instructions: Direct your comments to requests that if at all possible, you ozone nonattainment area (Memphis Docket ID No. EPA–R04–OAR–2007– contact the persons listed in the FOR TN–AR Nonattainment Area) has failed 0959. EPA’s policy is that all comments FURTHER INFORMATION CONTACT section to to attain the 8-hour ozone national received will be included in the public schedule your inspection. The Regional ambient air quality standard (‘‘NAAQS’’ docket without change and may be Office’s official hours of business are

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Monday through Friday, 8:30 a.m. to air quality in their communities is information such as emission 4:30 p.m., excluding Federal holidays. healthful. inventories, monitoring networks, and modeling demonstrations. FOR FURTHER INFORMATION CONTACT: B. What Is the Standard for 8-Hour (Tennessee issues)—Jane Spann, Air Ozone? D. What Is the Memphis TN–AR Planning Branch, Air, Pesticides and On July 18, 1997, EPA promulgated a Nonattainment Area, and What Is its Toxics Management Division, U.S. EPA revised 8-hour ozone standard of 0.08 Current 8-Hour Ozone Nonattainment Region 4, 61 Forsyth Street, SW., parts per million (ppm). This new Classification? Atlanta, Georgia 30303–8960. Phone: standard is more stringent than the The Memphis TN–AR Nonattainment (404) 562–9029. E-mail: previous 1-hour ozone standard. Under Area is located in both Western [email protected]. EPA regulations at 40 CFR part 50, the Tennessee and Northeastern Arkansas, (Arkansas issues)—Jeffrey Riley, Air 8-hour ozone standard is attained when and consists of Shelby County, Planning Section, U.S. EPA Region 6, the 3-year average of the annual fourth Tennessee and Crittenden County, 1445 Ross Avenue, Dallas, Texas 75202– highest daily maximum 8-hour average Arkansas, respectively. For areas subject 2733. Phone: (214) 665–8542. E-mail: ambient air quality ozone concentration to Subpart 2 of the CAA, such as the [email protected]. is less than or equal to 0.08 ppm (i.e., Memphis TN–AR Nonattainment Area, SUPPLEMENTARY INFORMATION: 0.084 ppm when rounding is the maximum period for attainment considered). (See, 69 FR 23857 (April runs from the effective date of Table of Contents 30, 2004) for further information.) designations and classifications for the I. What Is the Background for This Proposed Ambient air quality monitoring data for 8-hour ozone NAAQS and will be the Action? the 3-year period must meet a data same period as provided in Table 1 of A. What Are the National Ambient Air completeness requirement. The ambient CAA Section 181(a): Marginal—3 years; Quality Standards? B. What Is the Standard for 8-hour Ozone? air quality monitoring data Moderate—6 years; Serious—9 years; C. What Is a SIP and How Does It Relate completeness requirement is met when Severe—15 or 17 years; and Extreme— to the NAAQS for 8-Hour Ozone? the average percent of days with valid 20 years. The Phase I Ozone D. What Is the Memphis TN–AR ambient monitoring data is greater than Implementation Rule (April 30, 2004, 69 Nonattainment Area, and What Is its 90 percent, and no single year has less FR 23951) provides the classification Current 8-Hour Ozone Nonattainment than 75 percent data completeness as scheme for the 8-hour ozone NAAQS Classification? determined in Appendix I of part 50. (see, 40 CFR 51.903). The effective date E. What Are the CAA Provisions Regarding Specifically, section 2.3 of 40 CFR part of designations and classifications for Determinations of Nonattainment and 50, Appendix I, ‘‘Comparisons with the the 8-hour ozone NAAQS was June 15, Reclassifications? Primary and Secondary Ozone 2004 (April 30, 2004, 69 FR 23858). II. What Is EPA’s Evaluation of the Memphis TN–AR Nonattainment Area’s 8-Hour Standards’’ states: The Memphis TN–AR Nonattainment Ozone Data? ‘‘The primary and secondary ozone Area was initially designated III. What Action Is EPA Proposing? ambient air quality standards are met at nonattainment for the 8-hour ozone A. Determination of Nonattainment, an ambient air quality monitoring site standard on April 30, 2004, and Reclassification of Memphis TN–AR when the 3-year average of the annual classified as ‘‘moderate’’ based on a Nonattainment Area and New fourth-highest daily maximum 8-hour design value of .092 parts per million Attainment Date. average ozone concentration is less than (ppm) with an attainment date of June B. Proposed Date for Submitting a Revised or equal to 0.08 ppm. The number of 15, 2010 (April 30, 2004, 69 FR 23858). SIP for the Memphis TN–AR significant figures in the level of the The design value of an area, which Nonattainment Area. standard dictates the rounding characterizes the severity of the air IV. Proposed Action. V. Statutory and Executive Order Reviews. convention for comparing the computed quality concern, is represented by the 3-year average annual fourth-highest annual fourth-highest daily maximum 8- I. What Is the Background for This daily maximum 8-hour average ozone hour average ozone concentration Proposed Action? concentration with the level of the measured at each monitor averaged over any three-year period. On July 15, 2004, A. What Are the National Ambient Air standard. The third decimal place of the pursuant to section 181(a)(4) of the Quality Standards? computed value is rounded, with values equal to or greater than 5 rounding up. CAA, the States of Tennessee and The CAA requires EPA to establish a Thus, a computed 3-year average ozone Arkansas submitted a petition to EPA NAAQS for pollutants that ‘‘may concentration of 0.085 ppm is the Regions 4 and 6, requesting a downward reasonably be anticipated to endanger smallest value that is greater than 0.08 reclassification of the Memphis TN–AR public health and welfare’’ and to ppm.’’ Nonattainment Area from ‘‘moderate’’ to develop a primary and secondary ‘‘marginal’’ for the 8-hour ozone standard for each NAAQS. The primary C. What Is a SIP and How Does It Relate standard. The petition was based on the standard is designed to protect human to the NAAQS for 8-Hour Ozone? area’s ‘‘moderate’’ design value of .092 health with an adequate margin of safety Section 110 of the CAA requires states ppm being within five percent of the and the secondary standard is designed to develop air pollution regulations and maximum ‘‘marginal’’ design value of to protect public welfare and the control strategies to ensure that state air 0.091 ppm. Pursuant to Section environment. EPA has set NAAQS for quality meets the NAAQS established 181(a)(4), areas with design values six common air pollutants referred to as by EPA. Each state must submit these within five percent of the standard may criteria pollutants: Carbon monoxide, regulations and control strategies to EPA request a reclassification under specific lead, nitrogen dioxide, ozone, for approval and incorporation into the circumstances. Factors for EPA to particulate matter, and sulfur dioxide. federally-enforceable SIP. Each consider as part of such a request are These standards present state and local federally-approved SIP protects air described in Section 181(a)(4) of the governments with the air quality levels quality primarily by addressing air CAA. The petition for reclassification to they must meet to comply with the pollution at its point of origin. They ‘‘marginal’’ was approved by EPA, and CAA. Also, these standards allow the may contain state regulations or other became effective on November 22, 2004 American people to assess whether the enforceable documents and supporting (see, 69 FR 56697, September 22, 2004).

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As a result of the downward Register notice. Section 181(b)(2)(B) air shed. In recent years, the Marion classification, the new attainment date requires EPA to publish in the Federal monitor has measured some of the for the Memphis TN–AR ‘‘marginal’’ Register a notice identifying any area highest 8-hour average ozone Nonattainment Area was set at June 15, that has failed to attain by its attainment concentrations in the Memphis TN–AR 2007, consistent with the CAA. date and the resulting reclassification. Nonattainment Area. For example, the Different circumstances apply to severe E. What Are the CAA Provisions fourth-highest daily maximum readings and extreme areas. Regarding Determinations of for 2004, 2005, and 2006 at the Marion Nonattainment and Reclassifications? II. What Is EPA’s Evaluation of the monitor are .078, .096, and .089 ppm, Section 181(b)(2) prescribes the Memphis TN–AR Nonattainment Area’s respectively. The fourth-highest daily process for making determinations upon 8-Hour Ozone Data? maximum readings for the Shelby failure of an ozone nonattainment area EPA makes attainment determinations County monitors are: .075, .081, and to attain by its attainment date, and for for ozone nonattainment areas using .084 ppm at the Edmund Orgill Park reclassification of an ozone available quality-assured air quality monitor, and .073, .082, and .083 ppm nonattainment area. Section data. Within the Memphis TN–AR at the Frayser Street monitor. The 181(b)(2)(A) of the Act requires that EPA Nonattainment Area, ground-level fourth-highest daily maximum readings determine, based on the area’s design ozone is measured at the Crittenden at the Hernando (DeSoto County) value (as of the attainment date), County monitor, which is located 10 monitor are .080, .084, and .087 ppm. whether the ozone nonattainment area miles northwest of downtown Memphis For the Memphis TN–AR attained the ozone standard by that date. in Marion, Arkansas; at two monitors in Nonattainment Area, the attainment For marginal and moderate areas, if EPA Shelby County (Edmund Orgill Park and determination is based on 2004–2006 air finds that the nonattainment area has Frayser Street); and at one monitor quality data. The Area has a design failed to attain the ozone standard by located in the central part of DeSoto value of .087 ppm. Therefore, pursuant the applicable attainment date, the area County, Mississippi. Although DeSoto to section 181(b)(2) of the CAA, the must be reclassified to the higher of (1) County is not included in the Memphis Memphis TN–AR Nonattainment Area the next higher classification for the TN–AR Nonattainment Area, its did not attain the 8-hour ozone NAAQS area, or (2) the classification applicable monitoring data is regularly considered by the June 15, 2007, deadline for to the area’s design value as determined for potential contributions to the marginal areas. at the time of the required Federal Memphis TN–AR Nonattainment Area

TABLE 1.—MEMPHIS TN–AR NONATTAINMENT AREA FOURTH HIGHEST 8-HOUR OZONE CONCENTRATIONS AND DESIGN VALUES (PPM) 1

4th highest daily max Design value Site 2004 2005 2006 3 year average (2004–2006)

Marion, AR ...... 0.078 0.096 0.089 0.087 Orgill Park, TN ...... 0.075 0.081 0.084 0.080 Frayser, TN ...... 0.073 0.082 0.083 0.079 Hernando, MS...... 0.080 0.084 0.087 0.083 1 Unlike for the 1-hour ozone standard, design value calculations for the 8-hour ozone standard are based on a rolling three-year average of the annual fourth highest values (40 CFR part 50, Appendix I).

Under Sections 172(a)(2)(C) and Section 181(b)(2)(A) of the CAA ‘‘moderate’’ is a higher nonattainment 181(a)(5) of the CAA, an area can qualify provides that, when EPA finds that an classification than ‘‘marginal’’ under the for up to two 1-year extensions of its area failed to attain by the applicable CAA statutory scheme, upon the attainment date based on the number of date, the area is reclassified by effective date of a final rulemaking, the exceedances in the attainment year and operation of law to the higher of: the Memphis TN–AR Nonattainment Area whether the state has complied with all next higher classification or the will be reclassified by operation of law requirements and commitments classification applicable to the area’s as ‘‘moderate,’’ for failing to attain the pertaining to the area in the applicable ozone design value at the time of the standard by the marginal area applicable SIP. For the 8-hour standard, if an area’s required notice under Section attainment date of June 15, 2007. fourth highest daily maximum 8-hour 181(b)(2)(B). Section 181(b)(2)(B) average in the attainment year is 0.084 requires EPA to publish a notice in the III. What Action Is EPA Proposing? ppm or less (see, 40 CFR 51.907), the Federal Register identifying the A. Determination of Nonattainment, area is eligible for up to two 1-year reclassification status of an area that has Reclassification of Memphis TN–AR attainment date extensions. The failed to attain the standard by its Nonattainment Area and New attainment year is the year immediately attainment date. The classification that Attainment Date preceding the nonattainment area’s would be applicable to the Memphis attainment date. For the Memphis TN– TN–AR Nonattainment Area’s ozone Pursuant to section 181(b)(2), EPA is AR Nonattainment Area, the attainment design value at the time of this notice proposing to find that the Memphis TN– year was 2006. In 2006, the fourth is ‘‘marginal’’ because the area’s 2006 AR Nonattainment Area has failed to highest daily maximum 8-hour average calculated design value, based on attain the 8-hour ozone NAAQS by the value was 0.089 ppm. Based on this quality-assured ozone monitoring data June 15, 2007, attainment deadline information, the Memphis TN–AR from 2004–2006, is 0.087 ppm. By prescribed under the CAA for marginal Nonattainment Area currently does not contrast, the next higher classification ozone nonattainment areas. If EPA qualify for a 1-year extension of the for the Memphis TN–AR Nonattainment finalizes this finding and it takes effect, attainment date. Area is ‘‘moderate.’’ Because the Memphis TN–AR Nonattainment

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Area shall be reclassified by operation source permits (40 CFR 51.165(a). (See and requirements; train personnel to be of law from marginal nonattainment to also, the requirements for moderate able to respond to a collection of moderate nonattainment. Moderate ozone nonattainment areas set forth in information; search data sources; areas are required to attain the standard CAA section 182(b).) complete and review the collection of ‘‘as expeditiously as practicable’’ but no information; and transmit or otherwise IV. Proposed Action later than 6 years after designation or disclose the information. An agency June 15, 2010. The ‘‘as expeditiously as Pursuant to CAA section 181(b)(2), may not conduct or sponsor, and a practicable’’ attainment date will be EPA is proposing to find that the person is not required to respond to a determined as part of the action on the Memphis TN–AR ‘‘marginal’’ 8-hour collection of information unless it required SIP submittal demonstrating Ozone Nonattainment Area failed to displays a currently valid Office of attainment of the 8-hour ozone attain the 8-hour ozone NAAQS by June Management and Budget (OMB) control standard. EPA is proposing a schedule 15, 2007. If EPA finalizes its proposal, number. The OMB control numbers for by which Tennessee and Arkansas will the Area will by operation of law be EPA’s regulations in 40 CFR are listed submit the SIP revisions necessary for reclassified as a moderate 8-hour ozone in 40 CFR part 9. the proposed reclassification to nonattainment area. Pursuant to section C. Regulatory Flexibility Act moderate nonattainment of the 8-hour 182(i) of the CAA, EPA is also proposing ozone standard. the schedule for submittal of the SIP The Regulatory Flexibility Act (RFA) generally requires an agency to prepare B. Proposed Date for Submitting a revisions required for moderate areas once the area is reclassified. EPA a regulatory flexibility analysis of any Revised SIP for the Memphis TN–AR rule subject to notice and comment Nonattainment Area proposes that the required SIP revisions for Tennessee and Arkansas be rulemaking requirements under the EPA must address the schedule by submitted as expeditiously as Administrative Procedures Act or any which Tennessee and Arkansas are practicable, but no later than March 1, other statute unless the agency certifies required to submit a revised SIP. When 2009. the rule will not have a significant an area is reclassified, EPA has the economic impact on a substantial authority under section 182(i) of the Act V. Statutory and Executive Order number of small entities. Small entities to adjust the Act’s submittal deadlines Reviews include small businesses, small for any new SIP revisions that are A. Executive Order 12866, Regulatory organizations, and small governmental required as a result of the Planning and Review jurisdictions. reclassification. Pursuant to 40 CFR For purposes of assessing the impacts 51.908(d), for each nonattainment area, This action is not a ‘‘significant of this action on small entities, small a state must provide for implementation regulatory action’’ under the terms of entity is defined as: (1) A small business of all control measures needed for Executive Order (EO) 12866 (58 FR that is a small industrial entity as attainment no later than the beginning 51735, October 4, 1993) and is therefore defined in the U.S. Small Business of the attainment year ozone season. not subject to review under the EO. The Administration (SBA) size standards. The attainment year ozone season is the Agency has determined that the finding (See 13 CFR 121.); (2) a small ozone season immediately preceding a of nonattainment would result in none governmental jurisdiction that is a nonattainment area’s attainment date, in of the effects identified in the Executive government of a city, county, town, this case 2009 (40 CFR 51.900(g)). The Order. Under section 181(b)(2) of the school district or special district with a ozone season is the ozone monitoring CAA, determinations of nonattainment population of less than 50,000; and (3) season as defined in 40 CFR part 58, are based upon air quality a small organization that is any not-for- Appendix D, section 4.1, Table D–3 considerations and the resulting profit enterprise which is independently (October 17, 2006, 71 FR 61236). For the reclassifications must occur by owned and operated and is not purposes of this reclassification for the operation of law. dominant in its field. Determinations of Memphis TN–AR Nonattainment Area, B. Paperwork Reduction Act nonattainment and the resulting March 1st is the beginning of the ozone reclassification of nonattainment areas monitoring season. As a result, EPA This rule does not impose an by operation of law under section proposes that the required SIP revision information collection burden under the 181(b)(2) of the CAA do not in and of be submitted by both Tennessee and provisions of the Paperwork Reduction themselves create any new Arkansas as expeditiously as Act, 44 U.S.C. 3501 et seq. This requirements. Instead, this rulemaking practicable, but no later than March 1, proposed action to reclassify the only makes a factual determination, and 2009. Memphis TN–AR Nonattainment Area does not directly regulate any entities. A revised SIP must include the as a moderate ozone nonattainment area After considering the economic impacts following moderate area requirements: and to adjust applicable deadlines does of today’s action on small entities, I (1) An attainment demonstration (40 not establish any new information certify that this rule will not have a CFR 51.908); (2) provisions for collection burden. Burden means the significant economic impact on a reasonably available control technology total time, effort, or financial resources substantial number of small entities. and reasonably available control expended by persons to generate, measures (40 CFR 51.912); (3) maintain, retain, or disclose or provide D. Unfunded Mandates Reform Act reasonable further progress reductions information to or for a Federal agency. Title II of the Unfunded Mandates in volatile organic compound (VOC ) This includes the time needed to review Reform Act of 1995 (UMRA), Public emissions (40 CFR 51.910); (4) instructions; develop, acquire, install, Law 104–4, establishes requirements for contingency measures to be and utilize technology and systems for Federal agencies to assess the effects of implemented in the event of failure to the purposes of collecting, validating, their regulatory actions on State, local, meet a milestone or attain the standard and verifying information, processing and Tribal governments and the private (CAA 172(c)(9)); (5) a vehicle inspection and maintaining information, and sector. Under section 202 of the UMRA, and maintenance program (40 CFR disclosing and providing information; EPA generally must prepare a written 51.350); and (6) nitrogen oxide and VOC adjust the existing ways to comply with statement, including a cost-benefit emission offsets of 1.15 to 1 for major any previously applicable instructions analysis, for proposed and final rules

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with ‘‘Federal mandates’’ that may 1999), requires EPA to develop an determined to be ‘‘economically result in expenditures to State, local, accountable process to ensure significant’’ as defined under Executive and Tribal governments, in the ‘‘meaningful and timely input by State Order 12866, and (2) concerns an aggregate, or to the private sector, of and local officials in the development of environmental health or safety risk that $100 million or more in any one year. regulatory policies that have federalism EPA has reason to believe may have Before promulgating an EPA rule for implications.’’ ‘‘Policies that have disproportionate effect on children. If which a written statement is needed, federalism implications’’ is defined in the regulatory action meets both criteria, section 205 of the UMRA generally the Executive Order to include the Agency must evaluate the requires EPA to identify and consider a regulations that have ‘‘substantial direct environmental health or safety effects of reasonable number of regulatory effects on the States, on the relationship the planned rule on children, and alternatives and adopt the least costly, between the national government and explain why the planned regulation is most cost-effective or least burdensome the States, or on the distribution of preferable to other potentially effective alternative that achieves the objectives power and responsibilities among the and reasonably feasible alternatives of the rule. The provisions of section various levels of government.’’ considered by the Agency. This action 205 do not apply when they are This proposed rule does not have is not subject to Executive Order 13045 inconsistent with applicable law. federalism implications. It will not have because it is not economically Moreover, section 205 allows EPA to substantial direct effects on the States, significant as defined in Executive adopt an alternative other than the least on the relationship between the national Order 12866, and because the Agency costly, most cost-effective or least government and the States, or on the does not have reason to believe the burdensome alternative if the distribution of power and environmental health risks or safety Administrator publishes with the final responsibilities among the various risks addressed by this rule present a rule an explanation to why that levels of government, as specified in disproportionate risk to children. This alternative was not adopted. Before EPA Executive Order 13132, this action action merely proposes to determine establishes any regulatory requirements merely proposes to determine that the that the Memphis TN–AR that may significantly or uniquely affect Memphis TN–AR Nonattainment Area Nonattainment Area has not attained by small governments, including Tribal had not attained by its applicable its applicable attainment date, and to governments, it must have developed attainment date, and to reclassify the reclassify the Memphis TN–AR under section 203 of the UMRA a small Memphis TN–AR Nonattainment Area Nonattainment Area as a moderate government agency plan. The plan must as a moderate ozone nonattainment area ozone nonattainment area and to adjust provide for notifying potentially and to adjust applicable deadlines. applicable deadlines. affected small governments, enabling Thus, Executive Order 13132 does not H. Executive Order 13211: Actions That officials of affected small governments apply to this rule. Significantly Affect Energy Supply, to have meaningful and timely input in F. Executive Order 13175: Consultation Distribution, or Use the development of EPA regulatory and Coordination With Indian Tribal This action is not subject to Executive proposals with significant Federal Governments intergovernmental mandates, and Order 13211, ‘‘Actions That informing, educating, and advising Executive Order 13175, entitled Significantly Affect Energy Supply, small governments on compliance with ‘‘Consultation and Coordination with Distribution, or Use,’’ (66 FR 28355, the regulatory requirements. Indian Tribal Governments’’ (65 FR May 22, 2001) because it is not a This proposed action does not include 67249, November 9, 2000), requires EPA significant regulatory action under a Federal mandate within the meaning to develop an accountable process to Executive Order 12866. ensure ‘‘meaningful and timely input by of UMRA that may result in I. National Technology Transfer tribal officials in the development of expenditures of $100 million or more in Advancement Act any one year by either State, local, or regulatory policies that have tribal Tribal governments in the aggregate or implications.’’ This action does not have As noted in the proposed rule, to the private sector, and therefore, is ‘‘Tribal implications’’ as specified in Section 12(d) of the National not subject to the requirements of Executive Order 13175. This action Technology Transfer Advancement Act sections 202 and 205 of the UMRA. merely proposes to determine that the of 1995 (NTTAA), Public Law 104–113, Also, EPA has determined that this rule Memphis TN–AR Nonattainment Area section 12(d) (15 U.S.C. 272 note) contains no regulatory requirements that has not attained by its applicable directs EPA to use voluntary consensus might significantly or uniquely affect attainment date, and to reclassify the standards (VCS) in its regulatory small governments and therefore, is not Memphis TN–AR Nonattainment Area activities unless to do so would be subject to the requirements of section as a moderate ozone nonattainment area inconsistent with applicable law or 203. EPA believes, as discussed and to adjust applicable deadlines. The otherwise impractical. Voluntary previously in this document, that the Clean Air Act and the Tribal Authority consensus standards are technical finding of nonattainment is a factual Rule establish the relationship of the standards (e.g., materials specifications, determination based upon air quality Federal government and Tribes in test methods, sampling procedures, and considerations and that the resulting developing plans to attain the NAAQS, business practices) that are developed or reclassification of the area must occur and this rule does nothing to modify adopted by VCS bodies. The NTTAA by operation of law. Thus, EPA believes that relationship. Thus, Executive Order directs EPA to provide Congress, that the proposed finding does not 13175 does not apply to this rule. through OMB, explanations when the constitute a Federal mandate, as defined Agency decides not to use available and G. Executive Order 13045: Protection of in section 101 of the UMRA, because it applicable VCS. This action merely Children From Environmental Health does not impose an enforceable duty on proposes to determine that the Memphis and Safety Risks any entity. TN–AR Nonattainment Area has not Executive Order 13045: ‘‘Protection of attained by its applicable attainment E. Executive Order 13132: Federalism Children From Environmental Health date, and to reclassify the Memphis TN– Executive Order 13132, entitled and Safety Risks’’ (62 FR 19885, April AR ‘‘marginal’’ Nonattainment Area as a ‘‘Federalism’’ (64 FR 43255, August 10, 23, 1997) applies to any rule that (1) is ‘‘moderate’’ ozone nonattainment area

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and to adjust applicable deadlines. SUMMARY: This proposed rule specifies Background Therefore, EPA did not consider the use procedures for the disposition of On November 16, 1990, President of any voluntary consensus standards. culturally unidentifiable human George Bush signed into law the Native remains in the possession or control of J. Executive Order 12898: Federal American Graves Protection and museums or Federal agencies, thus Actions To Address Environmental Repatriation Act. The Act addresses the Justice in Minority Populations and implementing the Native American rights of lineal descendants, Indian Low-Income Populations Graves Protection and Repatriation Act tribes, and Native Hawaiian of 1990 (Act). Publication of this Executive Order 12898 (59 FR 7629, organizations to certain Native document is intended to solicit American human remains, funerary February 16, 1994) establishes federal comments from Indian tribes, Native executive policy on environmental objects, sacred objects, and objects of Hawaiian organizations, museums, cultural patrimony. Section 8 of the Act justice. Its main provision directs Federal agencies, and members of the federal agencies, to the greatest extent established the Native American Graves public before its publication as a final Protection and Repatriation Review practicable and permitted by law, to rule. make environmental justice part of their Committee of seven private citizens to mission by identifying and addressing, DATES: Written comments will be monitor and review implementation of as appropriate, disproportionately high accepted through January 14, 2008. the inventory and identification process and repatriation activities required and adverse human health or ADDRESSES: You may submit comments, environmental effects of their programs, identified by the number RIN 1024– under the Act. Section 8(c)(5) charged policies, and activities on minority AD68, by any of the following methods: the Review Committee with compiling an inventory of culturally unidentifiable populations and low-income —Federal rulemaking portal: http:// populations in the United States. human remains that are in the www.regulations.gov. Follow the possession or control of museums or EPA has determined that this instructions for submitting comments. proposed rule will not have Federal agencies and recommending disproportionately high and adverse —Mail to: Dr. Sherry Hutt, Manager, specific actions for developing a process human health or environmental effects National NAGPRA Program, National for disposition of such remains. The on minority or low-income populations Park Service, Docket No. 1024–AC84, inventory of culturally unidentifiable because it does not affect the level of 1849 C Street, NW., (2253), human remains and recommendations protection provided to human health or Washington, DC 20240. regarding their disposition relate only to the environment. This action merely —Hand deliver to: Dr. Sherry Hutt, 1201 human remains in the possession or proposes to determine that the Memphis Eye Street, NW., 8th floor, control of museums and Federal TN–AR Nonattainment Area has not Washington, DC. agencies and not to human remains that are excavated or removed from Federal attained by its applicable attainment FOR FURTHER INFORMATION CONTACT: Dr. or tribal lands after November 16, 1990 date, and to reclassify the Memphis TN– Sherry Hutt, Manager, National under section 3 of the Act. AR Nonattainment Area as a moderate NAGPRA Program, National Park Current regulations implementing the ozone nonattainment area and to adjust Service, 1201 Eye Street, NW., 8th floor, Act require museums and Federal applicable deadlines. Washington, DC 20240, telephone (202) agencies to retain possession of 354–1479, facsimile (202) 371–5197. List of Subjects in 40 CFR Part 81 culturally unidentifiable human Environmental protection, Air SUPPLEMENTARY INFORMATION: remains until final regulations are pollution control, National parks, Authority promulgated or the Secretary Wilderness areas. recommends otherwise. The disposition Sections 8(c)(5) and (c)(7) of the of funerary objects associated with Authority: 42 U.S.C. 7401 et seq. Native American Graves Protection and culturally unidentifiable human Dated: October 9, 2007. Repatriation Act (Act) (25 U.S.C. 3001 et remains is not specifically addressed in Russell L. Wright, Jr., seq.) gives the Review Committee the the Act. During deliberations over Acting Regional Administrator, Region 4. responsibility for recommending recommendations regarding the specific actions for developing a process Dated: September 24, 2007. disposition of culturally unidentifiable for disposition of culturally human remains, the Review Committee Richard E. Greene, unidentifiable human remains and considered the intrinsic relationship of Regional Administrator, Region 6. consulting with the Secretary of the human remains to associated funerary [FR Doc. E7–20390 Filed 10–15–07; 8:45 am] Interior (Secretary) in the development objects and concluded that nothing in BILLING CODE 6560–50–P of regulations to carry out the Act. the Act precludes the voluntary Section 13 charges the Secretary with disposition of these cultural items by promulgating regulations to carry out museums or Federal agencies to the DEPARTMENT OF THE INTERIOR the Act. Section 5(1) of the extent allowable by Federal law. Archaeological Resources Protection Act In 1994, the Review Committee began Office of the Secretary (16 U.S.C. 470aa–mm) authorizes the to formally solicit comments from Secretary to promulgate regulations Indian tribes, Native Hawaiian 43 CFR Part 10 providing for the ultimate disposition of organizations, museums, and Federal RIN 1024–AD68 archaeological resources and other agencies regarding the disposition of resources removed under the Act of culturally unidentifiable human Native American Graves Protection June 27, 1960 (the Reservoir Salvage remains. The Review Committee and Repatriation Act Regulations— Act, as amended, also known as the developed its first draft of Disposition of Culturally Unidentifiable Archeological and Historic Preservation recommendations regarding the Human Remains Act of 1974, 16 U.S.C. 469–469c–1) or disposition of culturally unidentifiable AGENCY: Office of the Secretary, Interior. the Act of June 8, 1906 (the Antiquities human remains and associated funerary Act of 1906, as amended, 16 U.S.C. 431– objects in February 1995. These draft ACTION: Proposed rule. 433). recommendations were published for

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public comment in the Federal Register and 15 requests were made by Federal The Review Committee recognized (60 FR 32163, June 20, 1995). Copies of agencies. The Review Committee that the legislative intent of the Act is the draft were sent to over 3,000 Indian considered each request as part of its expressed by its title: the protection of tribes, Native Hawaiian organizations, regular meeting agenda and Native American graves and repatriation museums, Federal agencies, national recommendations were referred to the [of Native American cultural items]. museum and scientific organizations, National Park Service for action. Specifically, the Review Committee and members of the public. One Responses to each requesting museum found that the Act requires (1) the hundred and twenty-nine written or Federal agency were signed by a disposition of all Native American comments were received during the representative of the Secretary as human remains and cultural items 100-day comment period, representing required by § 10.9(e)(6). excavated on or removed from Federal 16 Indian tribes, 49 museums, 12 Of the 41 requests, the Secretary’s lands after November 16, 1990, with Federal agencies, 3 national museum representative recommended disposition based on linkages of lineal and scientific organizations, and 58 disposition of culturally unidentifiable descent, tribal land, cultural affiliation, members of the public. human remains in 33 cases. Nine of the or aboriginal land; (2) the repatriation of Based on the comments received, a 33 recommended dispositions were to culturally affiliated human remains and revised draft of recommendations Indian tribes based on the recognition of associated funerary objects in Federal regarding the disposition of culturally their aboriginal occupation of the area agency and museum collections, if unidentifiable human remains and in which the human remains and requested by a culturally affiliated associated funerary objects was associated funerary objects were Indian tribe or Native Hawaiian developed in June 1996. The revised recovered, 8 were to coalitions organization, with repatriation based on draft recommendations were published including federally recognized Indian linkages of lineal descent or cultural for public comment in the Federal tribes, 11 were to non-federally affiliation; and (3) the development of Register (61 FR 43071, August 20, recognized Indian groups, and 5 were to regulations for the disposition of 1996). Copies of the draft were sent to be completed according to applicable unclaimed human remains and objects over 3,000 Indian tribes, Native State law. and culturally unidentifiable human Hawaiian organizations, museums, Eleven of the 33 recommended remains in Federal agency and museum Federal agencies, national museum and dispositions also included funerary collections. Although the treatment of scientific organizations, and members of objects that were associated with the funerary objects associated with the public. Forty-nine written comments culturally unidentifiable human culturally unidentifiable human were received during the 45-day remains. In response to one of the remains is not addressed in the Act, the comment period, representing 4 Indian requests, the representative of the Review Committee recognized that the tribes, 26 museums, 4 Federal agencies, Secretary provided a recommendation Act does not prohibit the voluntary 6 national museum and scientific on February 7, 2000 that stated ‘‘the repatriation of these cultural items by organizations, and 11 members of the statutory language neither requires nor museums or Federal agencies to the public. precludes the committee from making extent allowed by Federal law. In June 1998, the Review Committee Museums or Federal agencies must recommendations regarding the developed draft principles of agreement determine whether Native American disposition of funerary objects regarding the disposition of culturally human remains in their control are unidentifiable human remains. The associated with culturally unidentifiable related to lineal descendants, culturally draft principles of agreement were human remains. While regulatory affiliated with a present-day federally published for public comment in the provisions require museums or federal recognized Indian tribe or Native Federal Register on two different agencies to retain possession of Hawaiian organization, or are culturally occasions (64 FR 33502, June 23, 1999 culturally unidentifiable human unidentifiable. This determination must and 64 FR 41135, July 29, 1999). Copies remains until final regulations are be made in consultation with all of the draft were sent to over 3,000 promulgated or the Secretary appropriate Indian tribes or Native Indian tribes, Native Hawaiian recommends otherwise, these Hawaiian organizations, as described in organizations, museums, Federal provisions do not apply to associated 43 CFR 10.9(b), and through a good faith agencies, national museum and funerary objects. A museum may choose evaluation of all relevant and available scientific organizations, and members of to repatriate such items. However, a documentation. A determination that the public. Eighty-nine written Notice of Inventory Completion must be human remains are culturally comments were received during the 70- published in the Federal Register before unidentifiable may change to a day comment period, representing 13 the disposition.’’ determination of cultural affiliation as Indian tribes, 39 museums, 4 Federal Of the 41 requests made regarding the additional information becomes agencies, 5 national museum and disposition of culturally unidentifiable available through ongoing consultation scientific organizations, and 22 human remains, in eight cases the or any other source. The Review members of the public. Secretary’s representative recommended Committee finds no statute of While the Review Committee that the culturally unidentifiable human limitations in the Act for lineal developed the draft of general remains be retained pending completion descendants, Indian tribes, or Native recommendations, a separate procedure of the inventory required under 43 CFR Hawaiian organizations to make a claim, was developed for consideration of case- 10.9. and a museum or Federal agency’s by-case requests for disposition of After circulating three drafts for determination that human remains are culturally unidentifiable human public comment and considering the culturally unidentifiable may occur for remains and associated funerary objects specific case-by-case requests, the different reasons. based on a recommendation from the Review Committee developed its final Secretary [43 CFR 10.9(e)(6)]. Forty-one recommendations regarding the Categories of Culturally Unidentifiable case-by-case requests were received and disposition of culturally unidentifiable Human Remains all were referred to the Review human remains in May 2000. The The Review Committee’s Committee for consideration. Twenty- recommendations were published on recommendations identified three six requests were made by museums June 8, 2000 (65 FR 36462). categories of culturally unidentifiable

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human remains: (1) those for which Review Committee for the disposition of Federal agencies. The scope of this cultural affiliation could be determined culturally unidentifiable human inventory was expanded to include both but that the appropriate Native remains based on criteria other than culturally unidentifiable human American group is not federally those listed above. remains and funerary objects with recognized as an Indian tribe; (2) those The Review Committee proposed two which they are associated by that represent an identifiable earlier models for determining the disposition § 10.9(d)(2). group, but for which no present-day of culturally unidentifiable human The Review Committee’s inventory Indian tribe has been identified by the remains. The first model involved the summarizes information provided by museum or Federal agency; and (3) joint recommendations by claimants museums or Federal agencies in their those for which the museum or Federal and museums or Federal agencies. inventories. This includes: agency believes that evidence is Disposition of culturally unidentifiable 1. The number of human remains and insufficient to identify an earlier group. human remains may proceed in those associated funerary objects under their cases where all the relevant parties have control; Documentation agreed in writing that the inventory 2. State and county from which the Documentation is required for requirements have been met and that human remains and associated funerary inventory completion and the Review Committee’s guidelines for objects were removed; determinations of cultural affiliation by respectful treatment, recognition of museums or Federal agencies and alternative disposition solutions, and 3. The earlier group to which the should be prepared in accordance with the use of the Review Committee for human remains and associated funerary the standards outlined in 43 CFR 10.9(c) disposition recommendations have been objects are thought to have belonged; and 10.14. Documentation must occur followed. The Review Committee noted 4. The date range during which the within the context of the consultation that it had already recommended human remains and associated funerary process. The Review Committee disposition of culturally unidentifiable objects are thought to have been proposed that additional study of human remains in cases that met the originally interred; and culturally unidentifiable human three guidelines. 5. The date when custody of the remains and associated funerary objects The second model involved the joint human remains and associated funerary is not prohibited if the appropriate recommendations of regional consortia. objects was either transferred to an parties in consultation agree that such The Review Committee recognized that Indian tribe, Native Hawaiian study is appropriate. The Review historical and cultural factors, and organization, or non-federally Committee confirmed that once therefore issues concerning the recognized Indian group or they were inventories have been completed, the definition and disposition of culturally reinterred. Act may not be used to require new unidentifiable human remains, vary Section 8(g)(2) of the Act requires the scientific studies or other means of significantly across the United States. Secretary to provide reasonable acquiring or preserving additional Therefore, the Review Committee administrative and staff support scientific information from human recommended that regional solutions be necessary for the deliberations of the remains and associated funerary objects. developed that would best fit regional Review Committee. One of those duties circumstances. The Review Committee Disposition has been compilation of the Review recommended a process in which Committee’s inventory of culturally The Review Committee proposed Indian tribes and Native Hawaiian unidentifiable human remains and three guidelines for the disposition of organizations define regions within associated funerary objects. The Review culturally unidentifiable human which the most appropriate solutions Committee’s inventory was compiled remains. for disposition of culturally from the inventories submitted by 1. Respect must be the foundation for unidentifiable human remains might be museums or Federal agencies under 43 any disposition of culturally determined. Within each region, the CFR 10.9(e)(6). Each museum and unidentifiable human remains. Human appropriate Federal agencies, museums, Federal agency had an opportunity to remains determined to be culturally Indian tribes, and Native Hawaiian verify the Review Committee’s unidentifiable are no less deserving of organizations would consult together inventory of culturally unidentifiable respect than those for which cultural and propose a framework and schedule human remains and associated funerary affiliation has been established. to develop and implement the most objects from their institution for 2. Because there may be different appropriate model for their region. verification before submission of the reasons for human remains being Dispositions agreed upon through final inventory to the Review unclaimed or determined to be regional consultation meetings would be Committee. The Review Committee’s culturally unidentifiable, there may be made by the appropriate Federal inventory is posted at http:// more than one appropriate disposition agencies, museums, and Indian tribes. If www.cr.nps.gov/nagpra/onlinedb/ solution. Examples of appropriate a disposition agreement could not be index.htm and presently includes disposition solutions include the return reached through regional consultation information on 118,348 human remains of human remains that are determined meetings, the matter could be brought and 846,187 associated funerary objects to be culturally unidentifiable that were before the Review Committee. Any from 614 museums or Federal agencies. removed from tribal land; human proposed regional disposition remains that are determined to be agreement would have to meet the Section-by-Section Analysis culturally unidentifiable that were Review Committee’s three guidelines for Section 10.1 Purpose and recovered from the aboriginal land of an disposition. Applicability Indian tribe; or human remains that are culturally unidentifiable but for which Inventory Paragraph 10.1(b)(3) provides there is a relationship of shared group Section 8(c)(5) of the Act directs the clarification to Federal agencies as to identity with a non-federally recognized Review Committee to compile an when a determination constitutes final Native American group. inventory of culturally unidentifiable agency action as used in the 3. A museum or Federal agency may human remains that are in the Administrative Procedure Act (5 U.S.C. also seek the recommendation of the possession or control of museums or 704).

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Section 10.2 Definitions Committee’s recommendations and from Indian tribes, Native Hawaiian Section 10.2 provides definitions of other relevant legislation and policy. organizations, museums, Federal Paragraph (b) concerns consultation. terms used throughout Part 10. agencies, and other interested persons The drafters recognize that as a result of Paragraph 10.2(e) provides additional regarding the appropriateness of using consultation a museum or Federal clarification to the definition of cultural the priority structure in determining the agency may revise its determination disposition of culturally unidentifiable affiliation. Human remains and regarding the cultural affiliation of human remains. associated funerary objects in museum human remains and associated funerary Paragraph (c)(1)(i) stipulates that first or Federal agency collections for which objects. Notification and repatriation of priority would be to the Indian tribe or no lineal descendant or culturally human remains and associated funerary Native Hawaiian organization on whose affiliated Indian tribe or Native objects that are determined to be tribal land, at the time of recovery, the Hawaiian organization was determined culturally affiliated with an Indian tribe human remains were recovered. This are referred to as culturally or Native Hawaiian organization must category parallels the provisions in unidentifiable. be completed following provisions of 43 section 3(a)(2) of the Act regarding the Paragraph 10.2(g)(5) provides a CFR 10.9(e) and 10.10(b). disposition of cultural items from tribal definition of disposition and identifies Paragraph (c) establishes three choices land after November 16, 1990. This procedures to effectuate this process in for the disposition of culturally provision would apply to sites various situations. unidentifiable human remains. The considered to be tribal land at the time Section 10.9 Inventories processes outlined in paragraphs (c)(1) the original excavation or removal and (c)(2) are mandatory. The process occurred. Paragraph 10.9(e)(2) details the outlined in paragraph (c)(3) and (c)(4) Paragraph (c)(1)(ii) stipulates that contents of notices of inventory are voluntary but recommended. second priority would be to the Indian completion. Additional text to clarify Paragraph (c)(1) requires a museum or tribe or tribes that are recognized as that such notices include information Federal agency to offer to transfer aboriginally occupying the area in regarding culturally unidentifiable control of culturally unidentifiable which the human remains were human remains and associated funerary human remains for which it cannot recovered. Aboriginal occupation may objects to be transferred or reinterred prove right of possession to Indian be recognized by a final judgment of the under 43 CFR 10.11 is proposed for tribes or Native Hawaiian organizations Indian Claims Commission or the addition. according to three priority categories United States Court of Claims, or by Paragraph 10.9(e)(5) directs museums outlined below. treaty, act of Congress, or executive or Federal agencies to supply additional A museum or Federal agency can order. This category is based on the available documentation upon the obtain right of possession to Native provisions of section 3(a)(2)(C) of the request of an Indian tribe or Native American human remains by several Act regarding the disposition of cultural Hawaiian organization. Additional text means. Section 2(13) of the Act items from Federal or tribal land after to clarify that such documentation shall stipulates that the original acquisition of November 16, 1990. The Act specifically be considered a public record subject to Native American human remains and identified final judgments of the Indian disclosure except when exempted under associated funerary objects that were Claims Commission and the United applicable law, such as the Freedom of excavated, exhumed, or otherwise States Court of Claims as two sources of Information Act and the Privacy Act, is obtained with full knowledge and information regarding aboriginal proposed for addition. Further, as consent of the next of kin or the official occupation. Certain treaties, acts of required by section 5(B)(2) (Inventory governing body of the appropriate Congress, and executive orders also For Human Remains and Associated culturally affiliated Indian tribe or identify areas aboriginally occupied by Funerary Objects) of the Act, neither a Native Hawaiian organization is deemed Indian tribes. Maps of the territory request for such documentation nor any to give right of possession to those ceded by all United States treaties were provisions of the regulations shall be remains. Further, section 3(e) of the Act originally published in the 18th Annual construed as authorizing the initiation states that nothing in section 3 of the Report of the Bureau of American of new scientific studies of such human Act shall prevent the governing body of Ethnology to the Secretary of the remains and associated funerary objects an Indian tribe or Native Hawaiian Smithsonian Institution, 1896–1897 or other means of acquiring or organization from expressly [Government Printing Office, 1899] and preserving additional scientific relinquishing control over any Native are available online at http:// information from such remains and American human remains, or title to or memory.loc.gov/ammem/amlaw/lwss- objects. control over any funerary object or ilc.html. Treaties signed before the Paragraph 10.9(e)(6) is rewritten to sacred object. establishment of the United States remove the last three sentences that The priority ownership categories in between the various colonial provide direction to museums and Section 3(a) of the Act served as a governments and Indian tribes may also Federal agencies pending promulgation reasonable model for the proposed be used to identify areas aboriginally of § 10.11. priority categories for disposition of occupied by Indian tribes. culturally unidentifiable human Paragraph (c)(1)(iii) stipulates that Section 10.11 Disposition of Culturally remains. Control of human remains third priority would be to Indian tribes Unidentifiable Human Remains excavated or discovered under section 3 and Native Hawaiian organizations with This new section fulfills the of the Act can be based on lineal a cultural relationship to the region Secretary’s responsibility to promulgate descent, tribal land, aboriginal land, and from which the human remains were regulations under sections 8(c)(5) and cultural relationship, as well as cultural removed or, for human remains lacking 13 of the Act regarding the process for affiliation. However, it was necessary to geographic affiliation, a cultural the disposition of culturally make several changes to the priority relationship to the region in which the unidentifiable human remains. The ownership categories in Section 3(a) of museum or Federal agency with control Department of the Interior developed the Act to accommodate the disposition over the human remains is located. This this section after full and careful of culturally unidentifiable human category is similar to provisions of consideration of the Review remains. The drafters request comments section 3(a)(2)(C)(2) of the Act regarding

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the disposition of cultural items from other law. Such dispositions may be under the Regulatory Flexibility Act (5 Federal or tribal land after November completed upon receipt of a U.S.C. 601 et seq.). The requirements to 16, 1990. However, while the provisions recommendation from the Secretary or consult with Indian tribes and Native of section 3(a)(2)(C)(2) require a cultural authorized representative. The Secretary Hawaiian organizations are minimal and relationship between an Indian tribe will only consider recommending such do not constitute a significant economic and cultural items, this paragraph dispositions with the written consent of burden. This rule will require the requires a cultural relationship between all Indian tribes identified in paragraph disposition of only those Native an Indian tribe or Native Hawaiian (c)(1) and (c)(2), in order to ensure that American human remains for which the organization and the region from which the rights of federally recognized Indian controlling entity cannot prove right of the human remains either were removed tribes and tribal members are protected. possession [25 U.S.C. 3005]. or are currently located. Nearly 70 The Secretary’s recommendation Small Business Regulatory Enforcement percent of the 110,565 culturally regarding the disposition of culturally Fairness Act unidentifiable human remains for which unidentifiable human remains or geographical information was provided associated funerary objects to a non- This rule is not a major rule under 5 were recovered from the same state in federally recognized Indian group does U.S.C. 804(2), the Small Business which the possessing museum or not indicate Federal recognition of the Regulatory Enforcement Fairness Act. Federal agency is located. The majority group’s status as an Indian tribe or the This rule will not (1) Have an annual of the 7,783 human remains lacking existence of a government-to- effect on the economy of $100 million provenience information are likewise government relationship. or more; (2) cause a major increase in presumed to have been recovered from Paragraph (c)(4) stipulates that a costs or prices for consumers, the immediate vicinity of the repository museum or Federal agency may transfer individual industries, Federal, State, in which they are currently located. control of funerary objects that are local or tribal government agencies, or Paragraph (c)(1)(iv) stipulates that if it associated with culturally unidentifiable geographic regions; or (3) have can be shown by a preponderance of the human remains following the provisions significant adverse effects on evidence that a different Indian tribe or of paragraphs (c)(1), (c)(2), and (c)(3). competition, employment, investment, Native Hawaiian organization has a This provision is consistent with productivity, innovation, or the ability stronger cultural relationship with the customary religious and spiritual beliefs of U.S.-based enterprises to compete human remains than the Indian tribe or that link the disposition of funerary with foreign-based enterprises. Native Hawaiian organization specified objects with the human remains with Unfunded Mandates Reform Act in (c)(1)(ii) or (c)(1)(iii), the Indian tribe which they were intentionally placed. or Native Hawaiian organization that The Secretary recommends that This rule does not impose an has the strongest demonstrated cultural museums and Federal agencies transfer unfunded mandate on State, local, or relationship would have priority, if all funerary objects associated with tribal governments or the private sector upon notice, such Indian tribe or Native culturally unidentifiable human of more than $100 million per year. The Hawaiian organization states such a remains unless such a transfer is rule does not have a significant or claim. This provision is similar to the otherwise prohibited under law. unique effect on State, local or tribal caveat in section 3(a)(2)(C)(2) of the Act governments, or the private sector. A regarding the disposition of cultural Compliance With Other Laws statement containing the information items from Federal or tribal land after Regulatory Planning and Review required by the Unfunded Mandates November 16, 1990. The drafters request (Executive Order 12866) Reform Act (2 U.S.C. 1531 et seq.) is not comments from Indian tribes, Native required. Hawaiian organizations, museums, This document is not a significant Federal agencies, and other interested rule and has not been reviewed by the Takings (Executive Order 12630) persons regarding the meaning of the Office of Management and Budget under In accordance with Executive Order term ‘‘cultural relationship.’’ Executive Order 12866. 12630, the rule does not have significant Paragraph (c)(2) provides notice that (1) This rule will not have an effect of takings implications. A takings any disposition of human remains $100 million or more on the economy. implication assessment is not required. excavated or removed from ‘‘Indian It will not adversely affect in a material This rule will require the disposition of lands’’ as defined by the Archaeological way the economy, productivity, only those Native American human Resources Protection Act (ARPA) must competition, jobs, the environment, remains for which the controlling also comply with the provisions of that public health or safety, or State, local, museum or Federal agency cannot prove statute and its implementing or tribal governments or communities. right of possession [25 U.S.C. 3005(c)]. regulations. ‘‘Indian lands’’ means (2) This rule will not create a serious ‘‘lands of Indian tribes, or Indian inconsistency or otherwise interfere Federalism (Executive Order 12612) individuals, which are either held in with an action taken or planned by In accordance with Executive Order trust by the United States or subject to another agency. 12612, the rule does not have sufficient a restriction against alienation imposed (3) This rule does not materially alter federalism implications to warrant the by the United States, except for any the budgetary impact of entitlements, preparation of a Federalism Assessment. subsurface interests in lands not owned grants, user fees, or loan programs, or A Federalism Assessment is not or controlled by an Indian tribe or the rights or obligations of their required. Indian individual’’ [16 U.S.C. 470bb(4)]. recipients. Civil Justice Reform (Executive Order Paragraph (c)(3) establishes a process (4) This rule does not raise novel legal 12988) for the voluntary transfer of control of or policy issues. culturally unidentifiable human In accordance with Executive Order remains that are not transferred under Regulatory Flexibility Act 12988, the Office of the Solicitor has provisions of paragraph (c)(1) to a non- The Department of the Interior determined that this rule does not federally recognized Indian group, or certifies that this rule will not have a unduly burden the judicial system and reinterment of culturally unidentifiable significant economic effect on a does not meet the requirements of human remains according to State or substantial number of small entities sections 3(a) and 3(b) of the order.

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Paperwork Reduction Act includes members nominated by Indian tribes, Native Hawaiian organizations, The collection of information tribes. The Review Committee consulted museums, Federal agencies, and other contained in this rule has been with Indian tribes in the development of interested persons regarding: submitted to the Office of Management the Review Committee’s 1. The meaning of the term ‘‘cultural and Budget for approval as required by recommendations regarding the relationship;’’ and 2. The appropriateness of using the 44 U.S.C. 3501 et seq. The collection of disposition of culturally unidentifiable priority structure in determining the this information will not be required human remains that form the basis of disposition of culturally unidentifiable until approved by the Office of this proposed rule. The Review human remains. Management and Budget. Public Committee consulted with tribal Copies of this proposed rule may be reporting burden for this collection of representatives regarding its obtained by submitting a request to the information is expected to average 20 recommendations on February 16–18, Manager, National NAGPRA program, hours for the exchange of summary or 1995 in Los Angeles, CA; June 9–11, National Park Service, at the address inventory information between a 1996 in Billings, MT; June 25–27, 1998 noted at the beginning of this museum and an Indian tribe and 6 in Portland, OR; and May 2–4, 2000 in rulemaking. Commentors wishing the hours per response for the notification Juneau, AK. Tribal representatives were National Park Service to acknowledge to the Secretary, including time for also consulted regarding draft text for receipt of their comments must submit reviewing instructions, searching these regulations at Review Committee those comments with a self-addressed, existing data sources, gathering and meetings on May 2–4, 2000 in Juneau, stamped postcard on which the maintaining the data needed, and AK; May 31–June 2, 2002 in Tulsa, OK; following statement is made: completing and reviewing the collected and November 8–9, 2002 in Seattle, WA. ‘‘Comments to Docket No 1024–AD68.’’ information. Send comments regarding Clarity of Rule The postcard will be date stamped and this burden estimate or any other We are required by Executive Orders returned to the commentor. aspects of this collection of information, 12866 and 12988 and by the Public Availability of Comments including suggestions for reducing the Presidential Memorandum of June 1, burden, to Information Collection 1998, to write all rules in plain Before including your address, phone Officer, Attn: Docket No. 1024–AC84, language. This means that each rule we number, e-mail address, or other National Park Service, Department of publish must: personal identifying information in your Interior Building, 1849 C Street, NW., (a) Be logically organized; comment, you should be aware that Room 3317, Washington, DC 20240, and (b) Use the active voice to address your entire comment—including your the Office of Management and Budget, readers directly; personal identifying information—may Office of Information and Regulatory (c) Use clear language rather than be made publicly available at any time. Affairs, Attention: Desk Officer for the jargon; While you can ask us in your comment Department of the Interior, Washington, (d) Be divided into short sections and to withhold your personal identifying DC 20503. sentences; and information from public review, we National Environmental Policy Act (e) Use lists and tables wherever cannot guarantee that we will be able to possible. do so. This rule does not constitute a major If you feel that we have not met these Federal action significantly affecting the requirements, send us comments by one List of Subjects in 43 CFR Part 10 quality of the human environment and of the methods listed in the ADDRESSES Administrative practice and can be Categorically Excluded under section. To better help us revise the procedure, Graves, Hawaiian Natives, 516 DM 2, Appendix 1.10, ‘‘Policies, rule, your comments should be as Historic preservation, Indians-claims, directives, regulations, and guidelines specific as possible. For example, you Museums, Reporting and record keeping that are of an administrative, financial, should tell us the numbers of the requirements, Repatriation. legal, technical, or procedural nature sections or paragraphs that you find In consideration of the foregoing, 43 and whose environmental effects are too unclear, which sections or sentences are CFR Part 10 is proposed to be amended broad, speculative, or conjectural to too long, the sections where you feel as follows: lend themselves to meaningful analysis lists or tables would be useful, etc. and will later be subject to the NEPA PART 10—NATIVE AMERICAN process, either collectively or case-by- Drafting Information GRAVES PROTECTION AND case.’’ This proposed rule was prepared by REPATRIATION REGULATIONS Dr. C. Timothy McKeown in Government-to-Government 1. The authority for Part 10 continues Relationship With Indian Tribes consultation with the Native American Graves Protection and Repatriation to read as follows: In accordance with the President’s Review Committee as directed by Authority: 25 U.S.C. 3001 et seq., 16 U.S.C. memorandum of April 29, 1994, section 8(c)(7) of the Act, and Jennifer 470dd (2). ‘‘Government to Government Relations Lee and Jerry Case, WASO Regulations 2. In § 10.1 revise paragraph (b)(3) to with Native American Tribal Program, National Park Service. read as follows: Governments’’ [59 FR 22951], Executive Order 13175, ‘‘Consultation and Public Participation § 10.1 Purpose and applicability. Coordination with Indian Tribal It is the policy of the Department of * * * * * Governments’’ [65 FR 218], and 512 DM the Interior, whenever practicable, to (b) * * * 2, ‘‘Departmental Responsibilities for afford the public an opportunity to (3) Throughout this part are decision Indian Trust Resources,’’ this rule has a participate in the rulemaking process. points which determine how this part potential effect on federally recognized Accordingly, interested persons may applies in particular circumstances, e.g., Indian tribes. The proposed rule was submit written comments regarding this a decision as to whether a museum developed in consultation with the proposed rule to the address noted at ‘‘controls’’ human remains and cultural Native American Graves Protection and the beginning of this rulemaking. We objects within the meaning of the Repatriation Review Committee, which also request comments from Indian regulations, or, a decision as to whether

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an object is a ‘‘human remain,’’ museum and Federal agency collections record except as exempted under ‘‘funerary object,’’ ‘‘sacred object,’’ or to a lineal descendant or culturally relevant laws. Neither a request for ‘‘object of cultural patrimony’’ within affiliated Indian tribe or Native documentation nor any other provisions the meaning of the regulations. Any Hawaiian organization is established of this part may be construed as final determination making the Act or under § 10.10. authorizing either: this part inapplicable is subject to (iii) Disposition of culturally (A) The initiation of new scientific review under section 15 of the Act. With unidentifiable human remains, with or studies of the human remains and respect to Federal agencies, the final without associated funerary objects, in associated funerary objects; or denial of a request of a lineal museum or Federal agency collections is (B) Other means of acquiring or descendant, Indian tribe, or Native established under § 10.11. preserving additional scientific Hawaiian organization for the 4. Amend 10.9 by revising paragraphs information from such remains and repatriation or disposition of human (e)(2), (5), and (6) as follows: objects. remains, funerary objects, sacred (6) If the museum or Federal agency objects, or objects of cultural patrimony § 10.9 Inventories. official determines that the museum or brought under, and in compliance with, * * * * * Federal agency has possession of or the Act and this part constitutes a final (e) * * * control over human remains, with or agency action under the Administrative (2) The notice of inventory without associated funerary objects, that Procedure Act (5 U.S.C. 704). completion must: cannot be identified as affiliated with a 3. Amend § 10.2 by revising paragraph (i) Summarize the contents of the lineal descendent, Indian tribes, or (e) and adding paragraph (g)(5) to read inventory in sufficient detail so as to Native Hawaiian organizations, the as follows: enable the recipients to determine their museum or Federal agency must interest in claiming the inventoried provide the Manager, National NAGPRA § 10.2 Definitions. items; Program notice of this result and a copy * * * * * (ii) Identify each particular set of of the list of such culturally (e)(1) What is cultural affiliation? human remains or each associated unidentifiable human remains and any Cultural affiliation means that there is a funerary object and the circumstances associated funerary objects. The relationship of shared group identity surrounding its acquisition; Manager, National NAGPRA Program which can be reasonably traced (iii) Describe the human remains or must make this information available to historically or prehistorically between associated funerary objects that are members of the Review Committee. members of a present-day Indian tribe or clearly identifiable as to cultural Culturally unidentifiable human Native Hawaiian organization and an affiliation; remains, with or without associated identifiable earlier group. Cultural (iv) Describe the human remains or funerary objects, are subject to affiliation is established when the associated funerary objects that are not disposition under § 10.11. preponderance of the evidence—based clearly identifiable as culturally * * * * * on geographical, kinship, biological, affiliated with an Indian tribe or Native 5. Add § 10.11 to read as follows: archeological, anthropological, Hawaiian organization, but that are linguistic, folklore, oral tradition, likely to be culturally affiliated with a § 10.11 Disposition of culturally historical evidence, or other information particular Indian tribe or Native unidentifiable human remains. or expert opinion—reasonably leads to Hawaiian organization given the totality (a) General. This section implements such a conclusion. of circumstances surrounding section 8 (c)(5) of the Act. (2) What does culturally acquisition of the human remains or (b) Consultation. (1) The museum or unidentifiable mean? Culturally associated objects; and Federal agency official must initiate unidentifiable refers to human remains (v) Describe those human remains, consultation regarding the disposition of and associated funerary objects in with or without associated funerary culturally unidentifiable human museum or Federal agency collections objects, that are culturally remains and associated funerary objects: for which no lineal descendant or unidentifiable but that may be (i) Within ninety (90) days of receipt culturally affiliated Indian tribe or transferred under § 10.11. of a request from an Indian tribe or Native Hawaiian organization has been (3) * * * Native Hawaiian organization to transfer identified. (4) * * * control of culturally unidentifiable * * * * * (5) Upon request by an Indian tribe or human remains and associated funerary (g) * * * Native Hawaiian organization that has objects; or (5) Disposition means the transfer of received or should have received a (ii) Absent such a request, before any control over Native American human notice and inventory under paragraphs offer to transfer control of culturally remains, funerary objects, sacred (e)(1) and (e)(2) of this section, a unidentifiable human remains and objects, and objects of cultural museum or Federal agency must supply associated funerary objects. patrimony by a museum or Federal additional available documentation. (2) The museum or Federal agency agency under this part. This part (i) For purposes of this paragraph, official must initiate consultation with establishes disposition procedures for ‘‘documentation’’ means a summary of officials and traditional religious leaders several different situations: existing museum or Federal agency of all Indian tribes and Native Hawaiian (i) Custody of human remains, records including inventories or organizations: funerary objects, sacred objects, and catalogues, relevant studies, or other (i) From whose tribal lands, at the objects of cultural patrimony excavated pertinent data for the limited purpose of time of the removal, the human remains intentionally from, or discovered determining the geographical origin, and associated funerary objects were inadvertently on Federal or tribal lands cultural affiliation, and basic facts removed; after November 16, 1990 is established surrounding the acquisition and (ii) From whose aboriginal lands the under § 10.6; accession of human remains and human remains and associated funerary (ii) Repatriation of human remains, associated funerary objects. objects were removed. Aboriginal funerary objects, sacred objects, and (ii) Documentation supplied under occupation may be recognized by a final objects of cultural patrimony in this paragraph is considered a public judgment of the Indian Claims

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Commission or the United States Court section. The agreement must be (3) If none of the Indian tribes or of Claims, or a treaty, Act of Congress, consistent with this part. Native Hawaiian organizations or Executive Order; and (6) If consultation results in a identified in paragraph (c)(1) of this (iii)(A) With a cultural relationship to determination that human remains and section agrees to accept control, a the region from which the human associated funerary objects previously museum or Federal agency may, upon remains and associated funerary objects determined to be culturally receiving a recommendation from the were removed; or unidentifiable are actually culturally Secretary or authorized representative: (B) In the case of human remains and affiliated with an Indian tribe or Native (i) Transfer control of culturally associated funerary objects lacking Hawaiian organization, the notification unidentifiable human remains to a non- geographic affiliation, with a cultural and repatriation of the human remains federally recognized Indian group, or relationship to the region in which the and associated funerary objects must be (ii) Reinter culturally unidentifiable museum or Federal agency repository is completed as required by § 10.9 (e) and human remains according to State or located. § 10.10 (b). other law. (3) The museum or Federal agency (c) Disposition of culturally (4) The Secretary may make a official must provide the following unidentifiable human remains and recommendation under paragraph (c)(3) information in writing to all Indian associated funerary objects. (1) A of this section only with the written tribes and Native Hawaiian museum or Federal agency that is consent of all Indian tribes and Native organizations with which the museum unable to prove that it has right of Hawaiian organizations stipulated in or Federal agency consults: possession, as defined at § 10.10 (a)(2), paragraphs (c)(1) and (c)(2) of this (i) A list of all Indian tribes and to culturally unidentifiable human section. Native Hawaiian organizations that are remains must offer to transfer control of (5) A museum or Federal agency may being, or have been, consulted regarding the human remains to Indian tribes and also transfer control of funerary objects the particular human remains and Native Hawaiian organizations in the that are associated with culturally associated funerary objects; following priority order: unidentifiable human remains. The (ii) A list of any non-federally (i) The Indian tribe or Native Secretary recommends that museums recognized Indian groups that are Hawaiian organization from whose and Federal agencies engage in such known to have a relationship of shared tribal land, at the time of the excavation transfers whenever Federal or State law group identity with the particular or removal, the human remains were would not otherwise preclude them. (d) Notification. (1) Disposition of human remains and associated funerary removed; culturally unidentifiable human objects; and (ii) The Indian tribe or tribes that are (iii) An offer to provide a copy of the remains and associated funerary objects recognized as aboriginally occupying original inventory and additional under paragraph (c) may not occur until the area from which the human remains documentation regarding the particular at least thirty (30) days after publication were removed. Aboriginal occupation human remains and associated funerary of a notice of inventory completion in may be recognized by a final judgment objects. the Federal Register as described in of the Indian Claims Commission or the (4) During consultation, museum and § 10.9. United States Court of Claims, or a Federal agency officials must request, as (2) Within 30 days of publishing the treaty, Act of Congress, or Executive appropriate, the following information notice of inventory completion, the Order; or from Indian tribes and Native Hawaiian National NAGPRA Program manager organizations: (iii) The Indian tribe and Native must: (i) The name and address of the Hawaiian organization with: (i) Revise the Review Committee Indian tribe official to act as (A) A cultural relationship to the inventory of culturally unidentifiable representative in consultations related region from which the human remains human remains and associated funerary to particular human remains and were removed, or objects to indicate the notice’s associated funerary objects; (B) For human remains lacking publication; and (ii) The names and appropriate geographic affiliation, a cultural (ii) Make the revised Review methods to contact any traditional relationship to the region in which the Committee inventory of culturally religious leaders who should be museum or Federal agency with control unidentifiable human remains and consulted regarding the human remains over the human remains is located. associated funerary objects accessible to and associated funerary objects; (iv) If it can be shown by a Indian tribes, Native Hawaiian (iii) Temporal and/or geographic preponderance of the evidence that organizations, non-federally recognized criteria that the museum or Federal another Indian tribe or Native Hawaiian Indian groups, museums, and Federal agency should use to identify groups of organization has a stronger cultural agencies. human remains and associated funerary relationship with the human remains (e) Disputes. Any person who wishes objects for consultation; than an entity specified in paragraph to contest actions taken by museums or (iv) The names and addresses of other (c)(1)(ii) or (c)(1)(iii) of this section, the Federal agencies regarding the Indian tribes, Native Hawaiian Indian tribe or Native Hawaiian disposition of culturally unidentifiable organizations, or non-federally organization that has the strongest human remains and associated funerary recognized Indian groups that should be demonstrated cultural relationship, if objects is encouraged to do so through included in the consultations; and upon notice, the Indian tribe or Native informal negotiations to achieve a fair (v) A schedule and process for Hawaiian organization claims the resolution of the matter. The Review consultation. human remains. Committee may facilitate the informal (5) During consultation, the museum (2) Any disposition of human remains resolution of such disputes that are not or Federal agency official should seek to excavated or removed from ‘‘Indian resolved by good faith negotiation under develop a proposed disposition for lands’’ as defined by the Archaeological § 10.17. In addition, the United States culturally unidentifiable human Resources Protection Act (16 U.S.C. District Courts have jurisdiction over remains and associated funerary objects 470bb (4)) must also comply with the any action brought that alleges a that is mutually agreeable to the parties provisions of that statute and its violation of the Act. specified in paragraph (b)(2) of this implementing regulations. 6. Amend § 10.12 by:

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A. Revising paragraphs (b)(ii), (iii), regarding these proposed regulatory made final, and for the contents in these and (iv), and flood elevations. The BFEs and buildings. B. Adding paragraph (b)(ix) to read as modified BFEs are a part of the Comments on any aspect of the Flood follows: floodplain management measures that Insurance Study and FIRM, other than the community is required either to the proposed BFEs, will be considered. § 10.12 Civil penalties. adopt or show evidence of having in A letter acknowledging receipt of any * * * * * effect in order to qualify or remain comments will not be sent. (b) * * * qualified for participation in the Administrative Procedure Act (1) * * * National Flood Insurance Program Statement. This matter is not a (ii) After November 16, 1993, or a date (NFIP). In addition, these elevations, rulemaking governed by the specified under § 10.13, whichever once finalized, will be used by Administrative Procedure Act (APA), 5 deadline is applicable, has not insurance agents, and others to calculate U.S.C. 553. FEMA publishes flood completed summaries as required by the appropriate flood insurance premium elevation determinations for notice and Act; or rates for new buildings and the contents comment; however, they are governed (iii) After November 16, 1995, or a in those buildings. date specified under § 10.13, or the date by the Flood Disaster Protection Act of specified in an extension issued by the DATES: Comments are to be submitted 1973, 42 U.S.C. 4105, and the National Secretary, whichever deadline is on or before January 14, 2008. Flood Insurance Act of 1968, 42 U.S.C. applicable, has not completed ADDRESSES: The corresponding 4001 et seq., and do not fall under the inventories as required by the Act; or preliminary Flood Insurance Rate Map APA. (iv) After May 16, 1996, or 6 months (FIRM) for the proposed BFEs for each National Environmental Policy Act. after completion of an inventory under community are available for inspection This proposed rule is categorically an extension issued by the Secretary, or at the community’s map repository. The excluded from the requirements of 44 6 months after the date specified under respective addresses are listed in the CFR part 10, Environmental § 10.13, whichever deadline is table below. Consideration. An environmental applicable, has not notified culturally You may submit comments, identified impact assessment has not been affiliated Indian tribes and Native by Docket No. FEMA–B–7740, to prepared. Hawaiian organizations; or William R. Blanton, Jr., Chief, Regulatory Flexibility Act. As flood elevation determinations are not within * * * * * Engineering Management Section, (ix) Does not offer to transfer control Mitigation Directorate, Federal the scope of the Regulatory Flexibility of culturally unidentifiable human Emergency Management Agency, 500 C Act, 5 U.S.C. 601–612, a regulatory remains for which it cannot prove right Street, SW., Washington, DC 20472. flexibility analysis is not required. of possession under § 10.11. FOR FURTHER INFORMATION CONTACT: Executive Order 12866, Regulatory Planning and Review. This proposed * * * * * William R. Blanton, Jr., Chief, Engineering Management Section, rule is not a significant regulatory action Dated: October 2, 2007. Mitigation Directorate, Federal under the criteria of section 3(f) of David M. Verhey, Emergency Management Agency, 500 C Executive Order 12866, as amended. Acting Assistant Secretary for Fish and Street, SW., Washington, DC 20472. Executive Order 13132, Federalism. Wildlife and Parks. This proposed rule involves no policies SUPPLEMENTARY INFORMATION: The [FR Doc. E7–20209 Filed 10–15–07; 8:45 am] that have federalism implications under Federal Emergency Management Agency BILLING CODE 4310–70–P Executive Order 13132. (FEMA) proposes to make Executive Order 12988, Civil Justice determinations of BFEs and modified Reform. This proposed rule meets the BFEs for each community listed below, applicable standards of Executive Order DEPARTMENT OF HOMELAND in accordance with section 110 of the 12988. SECURITY Flood Disaster Protection Act of 1973, Federal Emergency Management 42 U.S.C. 4104, and 44 CFR 67.4(a). List of Subjects in 44 CFR Part 67 Agency These proposed BFEs and modified Administrative practice and BFEs, together with the floodplain procedure, Flood insurance, Reporting 44 CFR Part 67 management criteria required by 44 CFR and recordkeeping requirements. 60.3, are the minimum that are required. [Docket No. FEMA–B–7740] They should not be construed to mean Accordingly, 44 CFR part 67 is that the community must change any proposed to be amended as follows: Proposed Flood Elevation existing ordinances that are more PART 67—[AMENDED] Determinations stringent in their floodplain AGENCY: Federal Emergency management requirements. The 1. The authority citation for part 67 Management Agency, DHS. community may at any time enact continues to read as follows: stricter requirements of its own, or ACTION: Proposed rule. Authority: 42 U.S.C. 4001 et seq.; pursuant to policies established by other Reorganization Plan No. 3 of 1978, 3 CFR, SUMMARY: Comments are requested on Federal, State, or regional entities. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, the proposed Base (1 percent annual- These proposed elevations are used to 3 CFR, 1979 Comp., p. 376. chance) Flood Elevations (BFEs) and meet the floodplain management proposed BFE modifications for the requirements of the NFIP and are also § 67.4 [Amended] communities listed in the table below. used to calculate the appropriate flood 2. The tables published under the The purpose of this notice is to seek insurance premium rates for new authority of § 67.4 are proposed to be general information and comment buildings built after these elevations are amended as follows:

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Randolph County, Illinois, and Incorporated Areas

Kaskaskia River ...... At confluence with Mississippi River ...... +395 +392 Village of Evansville, Unincorporated Areas of Randolph County. Randolph/Monroe County boundary (approxi- +395 +392 mately 700 feet upstream Anna Lane ex- tended). Mississippi River ...... Jackson/Randolph County boundary (approxi- +385 +382 City of Chester, Unin- mately Cora Road extended). corporated Areas of Randolph County, Village of Kaskaskia, Village of Prairie Du Rocher, Village of Rockwood. Randolph/Monroe County boundary (approxi- +404 +402 mately 3,025 feet downstream of Regtown Road extended).

*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES City of Chester Maps are available for inspection at 1330 Swanwick Street, Chester, IL 62233. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Randolph County Maps are available for inspection at 1 Taylor Street, Zoning Administrator, Chester, IL 62233. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Village of Evansville Maps are available for inspection at 403 Spring Street, P.O. Box 257, Evansville, IL 62242. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Village of Kaskaskia Maps are available for inspection at 1 Taylor Street, Chester, IL 62233. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Village of Prairie Du Rocher Maps are available for inspection at 209 Henry Street, P.O. Box 325, Prairie Du Rocher, IL 62277. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Village of Rockwood Maps are available for inspection at 900 Original Street, Rockwood, IL 62280. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Gibson County, Tennessee, and Incorporated Areas

Clear Creek ...... At the confluence with Wolf Creek ...... None +396 Unincorporated Areas of Gibson County. Approximately 2,300 feet upstream of the con- None +401 fluence with Wolf Creek. Wolf Creek ...... Approximately 480 feet upstream of State High- None +395 Unincorporated Areas way 104. of Gibson County. Approximately 2,211 feet upstream of State None +397 Highway 104.

*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES Unincorporated Areas of Gibson County Maps are available for inspection at 309 S. College Street, Trenton, TN 38382.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Obion County, Tennessee, and Incorporated Areas

Fifteenth Street Tributary Approximately 1,740 feet upstream of the con- None +284 Unincorporated Areas fluence with Richland Creek. of Obion County. At the confluence with Richland Creek ...... None +284 Grove Creek ...... Approximately 2,070 feet downstream of State None +311 Unincorporated Areas Highway 22. of Obion County. Approximately 950 feet downstream of State None +313 Highway 22. Hoosier Creek ...... Approximately 1,950 feet downstream of State None +314 Unincorporated Areas Highway 3. of Obion County. Approximately 1,250 feet downstream of State None +314 Highway 3. Johnson Hurt Avenue At the confluence with Obion River ...... None +284 Unincorporated Areas Tributary. of Obion County. Approximately 1,070 feet upstream of the con- None +284 fluence with Obion River. Obion River ...... Just upstream of State Highway 3 ...... None +284 Unincorporated Areas of Obion County. Approximately 2,400 feet upstream of State None +284 Highway 211. Drainage Canal ...... Just upstream of State Highway 3 ...... None +284 Unincorporated Areas of Obion County. Approximately 4,280 feet upstream of State None +284 Highway 211. Old Obion River Drainage Just upstream of State Highway 3 ...... None +284 Unincorporated Areas Canal. of Obion County. Approximately 2,800 feet upstream of State None +284 Highway 211. Pursley Creek ...... Approximately 320 feet upstream of Nailing None +323 Unincorporated Areas Drive. of Obion County. Approximately 800 feet downstream of State None +332 Highway 3. Richland Creek ...... At the confluence with Obion River ...... None +284 Unincorporated Areas of Obion County. Approximately 100 feet downstream of West None +284 Palestine Road.

*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES Unincorporated Areas of Obion County Maps are available for inspection at County Mayor, P.O. Box 236, Union City, TN 38281. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Rhea County, Tennessee, and Incorporated Areas

Little Richland Creek Trib- At the confluence of Little Richland Creek ...... None +695 City of Dayton, Unincor- utary. porated Areas of Rhea County. Approximately 210 feet downstream of Back None +736 Valley Road.

*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES City of Dayton Maps are available for inspection at Dayton City Hall, 399 First Avenue, Dayton, TN 37321. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Rhea County Maps are available for inspection at Rhea County Property Assessor’s Office, 375 Church Street, Suite 100, Dayton, TN 37321.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Weakley County, Tennessee, and Incorporated Areas

Cane Creek ...... Approximately 50 feet upstream of Mount Pelia None +337 Unincorporated Areas Road. of Weakley County. Approximately 450 feet downstream of the con- None +344 fluence with Cane Creek Tributary. Tributary ...... Just Upstream of Gardener Hyndsver Road ...... None +363 Unincorporated Areas of Weakley County. Approximately 70 feet downstream of Old Ful- None +371 ton Road. Mud Creek ...... Just downstream of State Route 22 ...... None +365 City of Dresden. Approximately 900 feet upstream of Boydenville None +402 Road.

*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES City of Dresden Maps are available for inspection at 117 W. Main Street, Dresden, TN 38225. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Weakley County Maps are available for inspection at 116 W. Main Street, Dresden, TN 38225. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Dallas County, Texas, and Incorporated Areas

Bear Creek ...... Approximately 505 feet upstream of the inter- +443 +446 City of Desoto, City of section with S. Belt Line Road. Glenn Heights. Approximately 548 feet upstream from intersec- +475 +472 tion with N. County Line Road. Bentle Branch...... Approximately 1820 feet downstream from +649 +647 City of Dallas, City of intersection with Joe Wilson Road. Cedar Hill, City of Duncanville. Approximately 2960 feet upstream from the +710 +711 intersection with Joe Wilson Road. Cottonwood Creek (of Approximately 40 feet downstream from inter- +451 +447 City of Dallas, City of Lake Ray Hubbard). section with Stonewall Road. Garland, City of Rich- ardson, City of Rowlett, City of Wylie, Unincor- porated Areas of Dal- las County. Approximately 1670 feet upstream from inter- +456 +455 section with Stonewall Road. Cottonwood Creek (of Approximately 805 feet upstream from con- +501 +502 City of Dallas, City of White Rock Creek). fluence with White Rock Creek. Richardson, Unincor- porated Areas of Dal- las County. Approximately 425 feet downstream of intersec- +561 +563 tion with Spring Valley Road. Estes Branch ...... Approximately 413 feet downstream from inter- +474 +471 City of Dallas. section with Bruton Road. Approximately 373 feet downstream from inter- +475 +477 section with Saint Augustine Drive. Furneaux Creek...... Approximately 1296 feet downstream from +453 +455 City of Carrollton. intersection with Dickerson Parkway. Approximately 2018 feet upstream from inter- +457 +460 section with Dickerson Parkway. Hatfield Branch ...... At the intersection with Prairie Creek Road ...... +404 +400 City of Dallas. Approximately 4660 feet downstream from +485 +482 intersection with N. Master’s Drive.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Hickory Creek ...... Approximately 920 feet downstream from inter- +400 +399 City of Balch Springs, section with S. Woody Road. City of Dallas. Approximately 410 feet downstream from inter- +441 +439 section with Arrowdell Road. Hutton Branch ...... Approximately 436 feet downstream from inter- +451 +453 City of Carrollton, Town section with Denton Drive. of Addison. Approximately 920 feet downstream from inter- +596 +597 section with Midway Road. Lake June Branch...... Approximately 1530 feet downstream from +458 +455 City of Dallas. intersection with Lake June Road. Approximately 157 feet downstream from inter- +489 +491 section with Frostwood Street. Long Branch of Duck Approximately 5710 feet downstream from +461 +458 City of Mesquite, City of Creek. intersection with Northwest Drive. Dallas, City of Gar- land. Approximately 2230 feet downstream from +522 +520 intersection with Ferguson Road. North Mesquite Creek ...... Approximately 2380 feet downstream of inter- +381 +380 City of Balch Springs, section with Lawson Road. City of Mesquite, Town of Sunnyvale, Unincorporated Areas of Dallas County. Approximately 205 feet upstream from intersec- +505 +507 tion with Via Del Nortway. Pleasant Branch ...... Approximately 440 feet downstream from inter- +465 +462 City of Dallas. section with Prairie Creek Road. Approximately 273 feet upstream from intersec- +497 +498 tion with Bohannon Drive. Prairie Creek...... Approximately 1510 feet downstream from +398 +397 City of Dallas. intersection with LBJ Freeway. Approximately 540 feet downstream from inter- +503 +504 section with Military Parkway. Pruitt Branch...... Approximately 2423 feet downstream from +412 +411 City of Dallas. intersection with Kingsfield Road. Approximately 696 feet upstream from intersec- +434 +435 tion with Ryoak Drive. Richardson Branch ...... Approximately 540 feet downstream of intersec- +490 +491 City of Dallas. tion with Royal Lane. At intersection with Windy Crest Drive ...... +578 +580 Rylie Branch ...... Approximately 984 feet downstream from the +412 +410 City of Dallas. intersection with Saint Augustine Drive. Approximately 1388 feet upstream from inter- +452 +456 section with Old Seagoville Road. South Mesquite Creek..... Approximately 2007 feet downstream from +384 +383 City of Balch Springs, intersection with Lawson Road. City of Dallas, City of Mesquite. Approximately 1905 feet downstream from +548 +547 intersection with Demaret Drive. Stream 2A4 ...... At intersection with Oak Hollow Drive ...... +459 +461 City of Rowlett, City of Dallas, Unincor- porated Areas of Dal- las County. Approximately 280 feet upstream from intersec- +480 +477 tion with Oak Hollow Drive. Stream 2A5 ...... Approximately 155 feet downstream from inter- +440 +439 City of Rowlett, City of section with Pecan Lane. Dallas. Approximately 200 feet downstream from inter- +460 +464 section with Spinnaker Cove. Stream 2B1 ...... Approximately 98 feet from the intersection with +427 +429 City of Balch Springs. South Belt Line Road. Approximately 840 feet downstream from inter- +463 +464 section with Eastgate Drive. Stream 2B2 ...... Approximately 150 feet upstream from intersec- +432 +434 City of Mesquite. tion with Burton Road. Approximately 880 feet upstream from intersec- +448 +450 tion with I–635.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Stream 2B4 ...... Approximately 1930 feet downstream from the +442 +437 City of Mesquite, Unin- intersection with Military Parkway. corporated Areas of Dallas County. Approximately 57 feet upstream of intersection +475 +476 with Kearney Street. Stream 2B5 ...... Approximately 1650 feet upstream from inter- +463 +465 City of Mesquite. section with Peachtree Road. Approximately 4130 feet upstream from inter- +481 +480 section with Peachtree Road. Stream 2B6 ...... Approximately 285 feet downstream from inter- +480 +482 City of Mesquite. section with I–80. Approximately 42 feet downstream from inter- +500 +503 section with Baker Drive. Stream 2B7 ...... Approximately 800 feet downstream from inter- +474 +470 City of Mesquite. section with Gus Thomasson Road. Approximately 437 feet upstream from intersec- +522 +521 tion with I–30. Stream 2B8 ...... Approximately 970 feet upstream from the inter- +470 +472 City of Mesquite. section with I–635. Approximately 326 feet downstream from inter- +495 +493 section with I–80. Stream 2E2...... Approximately 1180 feet downstream from +442 +445 City of Rowlett, City of intersection with Liberty Grove Road. Dallas. Approximately 3730 feet downstream from +479 +480 intersection with Liberty Grove Road. Stream 4C3 ...... Approximately 40 feet upstream from intersec- +402 +400 City of Dallas. tion with Kleberg Road. Approximately 1447 feet upstream from inter- +445 +443 section with Woody Road. Stream 6A1...... Approximately 1054 feet downstream from +509 +505 Town of Highland Park. intersection with Euclid Avenue. Approximately 95 feet downstream from inter- +520 +518 section with Beverly Drive. Stream 6D4 ...... Approximately 190 feet from intersection with +498 +502 City of Carrollton. Scott Mill Road. Approximately 128 feet downstream of E. Jack- +508 +503 son Road. Stream 6D8 ...... Approximately 390 feet downstream from inter- +560 +562 City of Carrollton. section with Ballantrae Road. Approximately 780 feet downstream from inter- +612 +614 section with Tarplex Road. Stream JC1 ...... Approximately 85 feet upstream from the inter- +462 +459 City of Grand Prairie. section with Northwest 19th Street. Approximately 940 feet upstream from intersec- +499 +501 tion with I–30. West Fork of South Mes- Approximately 4020 feet downstream from the +465 +462 City of Mesquite. quite Creek. intersection with I–80. Approximately 150 feet downstream from inter- +501 +503 section with Town East Boulevard.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Balch Springs Maps are available for inspection at 3117 Hickory Tree Road, Balch Springs, TX 75980. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Carrollton Maps are available for inspection at 1945 E. Jackson Road, Carrollton, TX 75006. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Cedar Hill Maps are available for inspection at 502 Cedar Street, Cedar Hill, TX 75104. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Dallas

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Maps are available for inspection at 320 E. Jefferson Blvd., Room 321, Dallas, TX 75203. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Desoto Maps are available for inspection at 211 E. Pleasant Run Rd., Building A, Desoto, TX 75115. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Duncanville Maps are available for inspection at 203 E. Wheatland Rd., Duncanville, TX 75116. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Garland Maps are available for inspection at 800 Main St., Garland, TX 75040. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Glenn Heights Maps are available for inspection at 1938 S. Hampton, Glenn Heights, TX 75154. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Grand Prairie Maps are available for inspection at 206 W. Church St., Grand Prairie, TX 75051. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Mesquite Maps are available for inspection at 1515 N. Galloway Ave., Mequite, TX 75185. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Richardson Maps are available for inspection at 411 W. Arapaho Rd., Richardson, TX 75083. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Rowlett Maps are available for inspection at 4000 Main St., Rowlett, TX 75088. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Wylie Maps are available for inspection at 114 N. Ballard Ave., Wylie, TX 75098. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Town of Addison Maps are available for inspection at 16801 Westgrove Drive, Addison, TX 75001. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Town of Highland Park Maps are available for inspection at 4700 Drexel Dr., Highland Park, TX 75205. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Town of Sunnyvale Maps are available for inspection at 537 Long Creek Rd., Sunnyvale, TX 75182. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Dallas County Maps are available for inspection at 509 Main St., Dallas, TX 75202. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Denton County, Texas, and Incorporated Areas

Cooper Creek ...... Approximately 2 feet upstream of intersection +572 +570 City of Denton, Unin- with N. Mayhill Road. corporated Areas of Denton County. Approximately 5 feet downstream of intersec- +656 +652 tion with N. Locust Street.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Dudley Branch ...... Approximately 2455 feet downstream of inter- +452 +449 City of Carrollton, Town section with Indian Road. of Hebron. Approximately 2600 feet downstream from +500 +501 intersection with Standridge Drive. Fletcher Branch ...... Approximately ten feet downstream of intersec- +554 +555 City of Denton, Unin- tion with Hickory Creek Road. corporated Areas of Denton County. Approximately 360 feet upstream of intersection +610 +612 with El Paso Street. Furneaux Creek ...... Approximately 1320 feet upstream from the +470 +464 City of Carrollton, City intersection with Old Denton Road. of Plano, Town of Hebron. Approximately 115 feet from intersection with E. +550 +549 Hebron Parkway. Indian Creek ...... Approximately 180 ft from the intersection at +461 +463 City of Carrollton, City Hebron Parkway. of Lewisville, City of Plano, City of The Colony, Town of He- bron, Unincorporated Areas of Denton County. Approximately 2940 feet from the intersection +476 +477 with the E. Old Denton Road bridge. Stream 6E1 ...... Approximately 980 feet downstream of intersec- +487 +485 City of Carrollton, City tion with N. Josey Lane. of Dallas. Approximately 1095 feet upstream from inter- +523 +524 section with E. Frankford Road. Timber Creek ...... Approximately 4,925 feet downstream of inter- +453 +450 City of Lewisville, Town section with Hebron Parkway. of Double Oak, Town of Flower Mound. Approximately 295 feet upstream from the inter- +628 +626 section with S. Woodland Trail.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Carrollton Maps are available for inspection at 1945 E. Jackson Rd., Carrollton, TX 75006. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Dallas Maps are available for inspection at 320 E. Jefferson Blvd., Room 321, Dallas, TX 75203. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Denton Maps are available for inspection at 215 E. McKinney, Denton, TX 76201. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Lewisville Maps are available for inspection at 1197 W. Main St., Lewisville, TX 75067. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Plano Maps are available for inspection at 1520 Avenue K, Plano, TX 75086. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of The Colony Maps are available for inspection at 5151 N. Colony Blvd., The Colony, TX 75056. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Town of Double Oak Maps are available for inspection at 1100 Cross Timber Dr., Double Oak, TX 75067. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

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*Elevation in feet (NGVD) +Elevation in feet Flooding Location of referenced elevation (NAVD) Communities affected source(s) #Depth in feet above ground Effective Modified

Town of Flower Mound Maps are available for inspection at 2121 Cross Timbers Rd, Flower Mound, TX 75028. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Town of Hebron Maps are available for inspection at 4624 Charles St., Carrollton, TX 75010. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Denton County Maps are available for inspection at 306 N. Loop 288, Suite 115, Denton, TX 76201. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

(Catalog of Federal Domestic Assistance No. calculate appropriate flood insurance community may at any time enact 97.022, ‘‘Flood Insurance.’’) premium rates for new buildings and stricter requirements of its own, or Dated: October 9, 2007. the contents in those buildings. pursuant to policies established by other David I. Maurstad, DATES: Comments are to be submitted Federal, State, or regional entities. Federal Insurance Administrator of the on or before January 14, 2008. These proposed elevations are used to meet the floodplain management National Flood Insurance Program, ADDRESSES: The corresponding requirements of the NFIP and are also Department of Homeland Security, Federal preliminary Flood Insurance Rate Map Emergency Management Agency. used to calculate the appropriate flood (FIRM) for the proposed BFEs for each insurance premium rates for new [FR Doc. E7–20382 Filed 10–15–07; 8:45 am] community are available for inspection buildings built after these elevations are BILLING CODE 9110–12–P at the community’s map repository. The made final, and for the contents in these respective addresses are listed in the buildings. table below. DEPARTMENT OF HOMELAND Comments on any aspect of the Flood You may submit comments, identified SECURITY Insurance Study and FIRM, other than by Docket No. FEMA–B–7739, to the proposed BFEs, will be considered. Federal Emergency Management William R. Blanton, Jr., Chief, A letter acknowledging receipt of any Agency Engineering Management Section, comments will not be sent. Mitigation Directorate, Federal Administrative Procedure Act 44 CFR Part 67 Emergency Management Agency, 500 C Statement. This matter is not a Street, SW., Washington, DC 20472, rulemaking governed by the [Docket No. FEMA–B–7739] (202) 646–3151, or (e-mail) Administrative Procedure Act (APA), 5 [email protected]. Proposed Flood Elevation U.S.C. 553. FEMA publishes flood Determinations FOR FURTHER INFORMATION CONTACT: elevation determinations for notice and William R. Blanton, Jr., Chief, comment; however, they are governed AGENCY: Federal Emergency Engineering Management Section, by the Flood Disaster Protection Act of Management Agency, DHS. Mitigation Directorate, Federal 1973, 42 U.S.C. 4105, and the National ACTION: Proposed rule. Emergency Management Agency, 500 C Flood Insurance Act of 1968, 42 U.S.C. Street, SW., Washington, DC 20472, 4001 et seq., and do not fall under the SUMMARY: Comments are requested on APA. the proposed Base (1 percent annual- (202) 646–3151 or (e-mail) [email protected]. National Environmental Policy Act. chance) Flood Elevations (BFEs) and This proposed rule is categorically proposed BFE modifications for the SUPPLEMENTARY INFORMATION: The excluded from the requirements of 44 communities listed in the table below. Federal Emergency Management Agency CFR part 10, Environmental The purpose of this notice is to seek (FEMA) proposes to make Consideration. An environmental general information and comment determinations of BFEs and modified impact assessment has not been regarding the proposed regulatory flood BFEs for each community listed below, prepared. elevations for the reach described by the in accordance with section 110 of the Regulatory Flexibility Act. As flood downstream and upstream locations in Flood Disaster Protection Act of 1973, elevation determinations are not within the table below. The BFEs and modified 42 U.S.C. 4104, and 44 CFR 67.4(a). the scope of the Regulatory Flexibility BFEs are a part of the floodplain These proposed BFEs and modified Act, 5 U.S.C. 601–612, a regulatory management measures that the BFEs, together with the floodplain flexibility analysis is not required. community is required either to adopt management criteria required by 44 CFR Executive Order 12866, Regulatory or show evidence of having in effect in 60.3, are the minimum that are required. Planning and Review. This proposed order to qualify or remain qualified for They should not be construed to mean rule is not a significant regulatory action participation in the National Flood that the community must change any under the criteria of section 3(f) of Insurance Program (NFIP). In addition, existing ordinances that are more Executive Order 12866, as amended. these elevations, once finalized, will be stringent in their floodplain Executive Order 13132, Federalism. used by insurance agents, and others to management requirements. The This proposed rule involves no policies

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that have federalism implications under List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; Executive Order 13132. Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 12988, Civil Justice procedure, Flood insurance, Reporting 3 CFR, 1979 Comp., p. 376. Reform. This proposed rule meets the and recordkeeping requirements. applicable standards of Executive Order Accordingly, 44 CFR part 67 is § 67.4 [Amended] 12988. proposed to be amended as follows: 2. The tables published under the PART 67—[AMENDED] authority of § 67.4 are proposed to be 1. The authority citation for part 67 amended as follows: continues to read as follows:

*Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected Effective Modified

Unincorporated Areas of Richland County, South Carolina

Congaree River** (with Approximately 2.7 miles downstream of the con- None *128 Unincorporated Areas of levee). fluence of Gills Creek. Richland County. Approximately 0.5 mile upstream of the CSX Trans- *155 *152 portation crossing. Congaree River** (without Approximately 42.2 miles upstream of the mouth ...... None *131 Unincorporated Areas of levee). Richland County. Approximately 2.3 miles upstream of the South- *149 *140 eastern Beltway (West Bound).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed upstream and downstream BFEs, and all BFEs located on the stream reach between the two listed herein. Please check the Flood Insurance Rate Map (see below) for exact locations of all BFEs to be changed. Unincorporated Areas of Richland County Maps are available for inspection at the Planning Management Director’s Office, 2020 Hampton Street, Columbia, SC. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151, or (e-mail) [email protected].

(Catalog of Federal Domestic Assistance No. proposed BFE modifications for the William R. Blanton, Jr., Chief, 97.022, ‘‘Flood Insurance.’’) communities listed in the table below. Engineering Management Section, Dated: October 11, 2007. The purpose of this notice is to seek Mitigation Directorate, Federal David I. Maurstad, general information and comment Emergency Management Agency, 500 C Federal Insurance Administrator of the regarding these proposed regulatory Street, SW., Washington, DC 20472, National Flood Insurance Program, flood elevations. The BFEs and (202) 646–3151, or (e-mail) Department of Homeland Security, Federal modified BFEs are a part of the [email protected]. Emergency Management Agency. floodplain management measures that FOR FURTHER INFORMATION CONTACT: [FR Doc. E7–20356 Filed 10–15–07; 8:45 am] the community is required either to William R. Blanton, Jr., Chief, BILLING CODE 9110–12–P adopt or show evidence of having in Engineering Management Section, effect in order to qualify or remain Mitigation Directorate, Federal qualified for participation in the Emergency Management Agency, 500 C DEPARTMENT OF HOMELAND National Flood Insurance Program Street, SW., Washington, DC 20472. SECURITY (NFIP). In addition, these elevations, SUPPLEMENTARY INFORMATION: The once finalized, will be used by Federal Emergency Management Agency Federal Emergency Management insurance agents, and others to calculate Agency (FEMA) proposes to make appropriate flood insurance premium determinations of BFEs and modified rates for new buildings and the contents 44 CFR Part 67 BFEs for each community listed below, in those buildings. in accordance with section 110 of the [Docket No. FEMA–D–7824] DATES: Comments are to be submitted Flood Disaster Protection Act of 1973, on or before January 14, 2008. 42 U.S.C. 4104, and 44 CFR 67.4(a). Proposed Flood Elevation ADDRESSES: The corresponding These proposed BFEs and modified Determinations preliminary Flood Insurance Rate Map BFEs, together with the floodplain AGENCY: Federal Emergency (FIRM) for the proposed BFEs for each management criteria required by 44 CFR Management Agency, DHS. community are available for inspection 60.3, are the minimum that are required. ACTION: Proposed rule. at the community’s map repository. The They should not be construed to mean respective addresses are listed in the that the community must change any SUMMARY: Comments are requested on table below. existing ordinances that are more the proposed Base (1 percent annual- You may submit comments, identified stringent in their floodplain chance) Flood Elevations (BFEs) and by Docket No. FEMA–D–7824, to management requirements. The

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community may at any time enact 1973, 42 U.S.C. 4105, and the National Executive Order 12988, Civil Justice stricter requirements of its own, or Flood Insurance Act of 1968, 42 U.S.C. Reform. This proposed rule meets the pursuant to policies established by other 4001 et seq., and do not fall under the applicable standards of Executive Order Federal, State, or regional entities. APA. 12988. These proposed elevations are used to National Environmental Policy Act. List of Subjects in 44 CFR Part 67 meet the floodplain management This proposed rule is categorically requirements of the NFIP and are also excluded from the requirements of 44 Administrative practice and used to calculate the appropriate flood CFR part 10, Environmental procedure, Flood insurance, Reporting insurance premium rates for new Consideration. An environmental and recordkeeping requirements. buildings built after these elevations are impact assessment has not been Accordingly, 44 CFR part 67 is made final, and for the contents in these prepared. proposed to be amended as follows: buildings. Regulatory Flexibility Act. As flood Comments on any aspect of the Flood elevation determinations are not within PART 67—[AMENDED] Insurance Study and FIRM, other than the scope of the Regulatory Flexibility the proposed BFEs, will be considered. Act, 5 U.S.C. 601–612, a regulatory 1. The authority citation for part 67 A letter acknowledging receipt of any flexibility analysis is not required. continues to read as follows: comments will not be sent. Executive Order 12866, Regulatory Authority: 42 U.S.C. 4001 et seq.; Administrative Procedure Act Planning and Review. This proposed Reorganization Plan No. 3 of 1978, 3 CFR, Statement. This matter is not a rule is not a significant regulatory action 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, rulemaking governed by the under the criteria of section 3(f) of 3 CFR, 1979 Comp., p. 376. Administrative Procedure Act (APA), 5 Executive Order 12866, as amended. U.S.C. 553. FEMA publishes flood Executive Order 13132, Federalism. § 67.4 [Amended] elevation determinations for notice and This proposed rule involves no policies 2. The tables published under the comment; however, they are governed that have federalism implications under authority of § 67.4 are proposed to be by the Flood Disaster Protection Act of Executive Order 13132. amended as follows:

*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Johnson County, Kansas, and Incorporated Areas

Bain Creek ...... At the confluence with Niles Creek ...... None +946 Unincorporated Areas of Johnson County. Approximately 800 feet upstream of West 183rd None +1025 Street. Tributary B ...... At the confluence with Bain Creek ...... None +998 Unincorporated Areas of Johnson County, City of Spring Hill. At Lone Elm Road ...... None +1023 Big Bull Creek ...... At the County Boundary ...... None +936 Unincorporated Areas of Johnson County. Approximately 5,060 feet upstream of the confluence None +1011 of Big Bull Creek Tributary J. Tributary A ...... At the County Boundary ...... None +947 Unincorporated Areas of Johnson County. Approximately 8,260 feet upstream of the County None +1001 Boundary. Tributary C ...... At the confluence with with Big Bull Creek ...... None +938 Unincorporated Areas of Johnson County. Approximately 3,130 feet upstream of the confluence None +946 with Big Bull Creek. Tributary D ...... At the confluence with Big Bull Creek ...... None +941 Unincorporated Areas of Johnson County, City of Gardner. Approximately 950 feet upstream of Interstate High- None +1027 way 35 Ramp. Tributary E ...... At the confluence with Big Bull Creek ...... None +949 Unincorporated Areas of Johnson County, City of Gardner. Approximately 6,050 feet upstream of Waverly Road None +1037 Tributary F ...... At the confluence with Big Bull Creek ...... None +961 Unincorporated Areas of Johnson County. Approximately 660 feet upstream of West 183rd None +1019 Street. Tributary H ...... At the confluence with Big Bull Creek ...... None +981 Unincorporated Areas of Johnson County. Approximately 1,350 feet upstream of the confluence None +986 with Big Bull Creek.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Tributary I ...... At the confluence with Big Bull Creek ...... None +988 Unincorporated Areas of Johnson County. Approximately 2,180 feet upstream of West 183rd None +999 Street. Blue River...... Approximately 5,025 feet downstream of County +867 +865 Unincorporated Areas of Boundary. Johnson County, City of Leawood, City of Over- land Park. At the confluence of Coffee Creek ...... +909 +913 Tributary A ...... At the County Boundary ...... None +905 City of Leawood. At West 135th Street ...... None +924 Tributary B ...... At the County Boundary ...... +868 +865 City of Leawood, City of Overland Park. At West 143rd Street ...... None +883 Tributary C ...... At the confluence with Blue River ...... +897 +898 Unincorporated Areas of Johnson County. Approximately 325 feet upstream of West 167th +897 +902 Street. Tributary D ...... At the confluence with Blue River ...... +898 +900 Unincorporated Areas of Johnson County. Approximately 565 feet upstream of the confluence +898 +900 with Blue River. Tributary E ...... At the confluence with Blue River ...... +899 +900 Unincorporated Areas of Johnson County. Approximately 1,055 feet upstream of the confluence None +904 with Blue River. Tributary F ...... At the confluence with Blue River ...... +902 +907 City of Overland Park. At U.S. Highway 69 ...... None +959 Brush Creek ...... At State Line Road ...... +853 +856 City of Fairway, City of Mission Hills, City of Mission Woods, City of Overland Park, City of Prairie Village. Approximately 3,600 feet upstream of Nall Avenue .... +981 +982 Camp Branch ...... Approximately 420 feet upstream of Union Pacific +894 +895 Unincorporated Areas of Railroad. Johnson County, City of Overland Park. Approximately 6,230 feet upstream of West 199th None +1057 Street. Tributary A ...... Approximately 1,275 feet upstream of the confluence None +898 Unincorporated Areas of with Camp Branch. Johnson County. Approximately 900 feet upstream of the confluence of None +1021 Camp Branch Tributary AB. Tributary AA ...... At the confluence with Camp Branch Tributary A ...... None +962 Unincorporated Areas of Johnson County. Approximately 6,900 feet upstream of the confluence None +1038 with Camp Branch Tributary A. Tributary C ...... At the confluence with Camp Branch ...... +942 +941 Unincorporated Areas of Johnson County. Approximately 490 feet upstream of the confluence +942 +945 with Camp Branch. Tributary D ...... At the confluence with Camp Branch ...... +1006 +999 Unincorporated Areas of Johnson County. Approximately 1,750 feet upstream of the confluence None +1008 with Camp Branch. Tributary E ...... At the confluence with Camp Branch ...... +1007 +1000 Unincorporated Areas of Johnson County. Approximately 815 feet upstream of the confluence of None +1017 Camp Branch Tributary EA. Tributary EA ...... At the confluence with Camp Branch Tributary E ...... +1008 +1005 Unincorporated Areas of Johnson County. Approximately 380 feet upstream of the confluence +1008 +1007 with Camp Branch Tributary E. Camp Creek ...... At the confluence with Cedar Creek ...... +789 +798 Unincorporated Areas of Johnson County, City of Desoto.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Approximately 1,070 feet upstream of the confluence None +966 of Camp Creek Tributary F. Tributary A ...... At the confluence with Camp Creek ...... +836 +837 Unincorporated Areas of Johnson County. Approximately 2,220 feet upstream of Waverly Road None +882 Tributary B ...... Approximately 370 feet upstream of the confluence None +923 Unincorporated Areas of with Camp Creek. Johnson County. At the confluence with Camp Creek ...... +920 +923 Tributary D ...... At the confluence with Camp Creek ...... +937 +938 Unincorporated Areas of Johnson County. Approximately 1,135 feet upstream of the confluence None +940 with Camp Creek. Tributary E ...... At the confluence with Camp Creek ...... +939 +942 Unincorporated Areas of Johnson County. Approximately 580 feet upstream of the confluence None +944 with Camp Creek. Captain Creek ...... At the County Boundary ...... None +820 Unincorporated Areas of Johnson County, City of Desoto. At County Line Road ...... None +922 East ...... Approximately 30 feet upstream of Burlington North- +797 +798 Unincorporated Areas of ern & Santa Fe Railway. Johnson County. Approximately 2,670 feet upstream of West 95th None +845 Street. Tributary E ...... At the confluence with Captain Creek ...... None +902 Unincorporated Areas of Johnson County. Approximately 3,780 feet upstream of Evening Star None +922 Road. Tributary K ...... At County Line Road ...... None +952 Unincorporated Areas of Johnson County. Approximately 1,000 feet upstream of County Line None +953 Road. Cedar Creek ...... Approximately 800 feet upstream of the confluence of +785 +786 Unincorporated Areas of Cedar Creek Tributary B. Johnson County, City of Desoto, City of Lenexa, City of Olathe. At Interstate Highway 35/U.S. Highway 50 ...... None +1024 Tributary B ...... Approximately 200 feet upstream of Cedar Creek +785 +786 City of Desoto. Road. Approximately 210 feet upstream of Cedar Creek +785 +786 Road. Tributary C ...... At the confluence with Cedar Creek ...... +785 +787 City of Desoto. Approximately 260 feet upstream of Cedar Creek None +794 Road. Tributary D ...... Approximately 2,235 feet upstream of the confluence None +789 City of Desoto. with Cedar Creek. At the confluence with Cedar Creek ...... +785 +789 Tributary E ...... Approximately 350 feet upstream of Cedar Creek None +798 City of Desoto. Road. At the confluence with Cedar Creek ...... +791 +798 Tributary G ...... At the confluence with Cedar Creek ...... +797 +805 Unincorporated Areas of Johnson County, City of Lenexa, City of Olathe. Approximately 440 feet upstream of the confluence of None +847 Cedar Creek Tributary GA. Tributary H ...... At the confluence with Cedar Creek ...... +808 +810 City of Olathe. Just upstream of South Bluestem Parkway ...... None +921 Tributary HA...... Approximately 80 feet upstream of the confluence +884 +883 Unincorporated Areas of with Cedar Creek Tributary H. Johnson County, City of Olathe. Just upstream of State Highway 10 ...... None +942 Tributary HB ...... At the confluence with Cedar Creek Tributary H ...... None +889 City of Olathe. Approximately 1,650 feet upstream of the confluence None +920 with Cedar Creek Tributary H. Tributary L ...... At the confluence with Cedar Creek ...... +868 +872 Unincorporated Areas of Johnson County, City of Olathe. Just downstream of West 151st Street ...... None +1016

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Tributary N ...... At the confluence with Cedar Creek ...... +941 +943 City of Olathe. At South Ward Cliff Drive ...... None +953 Tributary O ...... At the confluence with Cedar Creek ...... +942 +943 City of Olathe. At Old U.S. Highway 56 ...... None +1021 Tributary P ...... At the confluence with Cedar Creek ...... None +974 City of Olathe. Approximately 1,070 feet upstream of Burlington None +1007 Northern & Santa Fe Railway. Tributary Q ...... At the confluence with Cedar Creek ...... None +979 Unincorporated Areas of Johnson County, City of Olathe. Approximately 270 feet upstream of the confluence of None +1061 Cedar Creek Tributary QC. Tributary QA ...... At the confluence with Cedar Creek Tributary Q ...... None +1008 Unincorporated Areas of Johnson County, City of Olathe. Just downstream of Burlington Northern & Santa Fe None +1037 Railway. Tributary S ...... At the confluence with Cedar Creek ...... None +1003 Unincorporated Areas of Johnson County. At West 167th Street ...... None +1018 Tributary T ...... At the confluence with Cedar Creek ...... None +1008 Unincorporated Areas of Johnson County, City of Olathe. Approximately 450 feet upstream of Clare Road ...... None +1031 Clear Creek ...... At the confluence with Mill Creek ...... +783 +784 City of Lenexa, City of Shawnee. Approximately 2,040 feet upstream of Clare Road ...... None +948 Tributary F ...... At the confluence with Clear Creek ...... None +830 City of Shawnee. Just downstream of West 71st Street ...... None +901 Tributary G ...... At the confluence with Clear Creek ...... None +909 City of Shawnee, City of Lenexa. Approximately 410 feet upstream of Mize Boulevard. None +919 Coffee Creek ...... At the confluence with Blue River ...... +909 +913 Unincorporated Areas of Johnson County, City of Olathe, City of Overland Park. Approximately 3,800 feet upstream of South Mur-Len None +1049 Road. Tributary A ...... At the confluence with Coffee Creek ...... +917 +923 Unincorporated Areas of Johnson County. Approximately 1,250 feet upstream of the confluence None +930 with Coffee Creek. Tributary B ...... At the confluence with Coffee Creek ...... +925 +926 Unincorporated Areas of Johnson County. Approximately 430 feet upstream of the confluence None +929 with Coffee Creek. Tributary C ...... At the confluence with Coffee Creek ...... +942 +943 City of Overland Park. Approximately 3,220 feet upstream of the confluence None +968 with Coffee Creek. Tributary D ...... At the confluence with Coffee Creek ...... +956 +959 Unincorporated Areas of Johnson County. Approximately 900 feet upstream of the confluence None +960 with Coffee Creek. Tributary E ...... At the confluence with Coffee Creek ...... None +966 City of Overland Park. Approximately 370 feet upstream of Quivira Road ...... None +975 Tributary F ...... At the confluence with Coffee Creek ...... None +970 City of Overland Park. Approximately 1,340 feet upstream of the confluence None +979 with Coffee Creek. Tributary H ...... At the confluence with Coffee Creek ...... None +982 City of Overland Park. Approximately 2,940 feet upstream of the confluence None +997 with Coffee Creek. Tributary I ...... At the confluence with Coffee Creek ...... None +988 Unincorporated Areas of Johnson County. Approximately 2,330 feet upstream of the confluence None +1019 with Coffee Creek Tributary IA. Tributary IA ...... At the confluence with Coffee Creek Tributary I ...... None +1008 Unincorporated Areas of Johnson County.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Approximately 1,600 feet upstream of the confluence None +1025 with Coffee Creek Tributary I. Tributary J ...... At the confluence with Coffee Creek ...... None +991 Unincorporated Areas of Johnson County. Approximately 2,150 feet upstream of the confluence None +1001 with Coffee Creek. Tributary K ...... At the confluence with Coffee Creek ...... None +1004 Unincorporated Areas of Johnson County. Approximately 910 feet upstream of Lackman Road ... None +1013 Tributary L ...... At the confluence with Coffee Creek ...... None +1049 City of Olathe. Approximately 1,775 feet upstream of the confluence None +1059 with Coffee Creek. Tributary P ...... At the confluence with Coffee Creek ...... None +1048 City of Olathe. Approximately 2,630 feet upstream of the confluence None +1058 with Coffee Creek. Coon Creek ...... At the confluence with Mill Creek ...... +827 +836 City of Lenexa. Approximately 9,800 feet upstream of the confluence None +948 of Coon Creek Tributary B. Tributary B ...... At the confluence with Coon Creek ...... None +861 City of Lenexa. Approximately 1,900 feet upstream of Monticello None +927 Road. Dykes Branch ...... At State Line Road ...... +860 +874 City of Prairie Village, City of Leawood. At West 83rd Street ...... None +928 Tributary B ...... At the confluence with Dykes Branch ...... +878 +881 City of Leawood. Approximately 1,320 feet upstream of West 85th Ter- None +899 race. Hayes Creek ...... At the confluence with Mill Creek ...... +768 +769 City of Shawnee. Approximately 3,670 feet upstream of Holliday Drive .. None +791 Indian Creek...... Approximately 600 feet downstream of State Line +830 +829 City of Leawood, City of Road Northbound. Olathe, City of Overland Park. At West 159th Street ...... None +1062 Bypass No. 1 ...... At the convergence with Indian Creek ...... +918 +920 City of Overland Park. At the divergence from Indian Creek ...... +921 +923 Tributary No. 1 ...... Approximately 180 feet downstream of West 103rd +859 +858 City of Overland Park. Street. At Roe Avenue ...... None +897 Tributary No. 2 ...... At the confluence with Indian Creek ...... +864 +865 City of Overland Park. Approximately 1,100 feet upstream of Metcalf Ave- None +923 nue/U.S. Highway 169. Tributary No. 3 ...... Approximately 450 feet upstream of the confluence +870 +869 City of Overland Park. with Indian Creek. Approximately 920 feet upstream of West 93rd Street None +934 Tributary No. 4 ...... Approximately 50 feet upstream of the confluence +874 +875 City of Overland Park. with Indian Creek. At Antioch Road ...... None +923 Tributary No. 5 ...... At the confluence with Indian Creek ...... +887 +889 City of Overland Park. Approximately 205 feet upstream of Knox Drive None +951 (North). Tributary No. 5 Bypass At the convergence with Indian Creek Tributary No. 5 +904 +901 City of Overland Park. A. Approximately 110 feet downstream of the divergence +914 +915 from Indian Creek Tributary No. 5. Tributary No. 5 Bypass At the convergence with Indian Creek Tributary No. 5 +930 +929 City of Overland Park. B. At the divergence from Indian Creek Tributary No. 5 .. +937 +936 Tributary No. 5 Bypass At the convergence with Indian Creek Tributary No. 5 +938 +936 City of Overland Park. C. At the divergence from Indian Creek Tributary No. 5 .. None +950 Tributary No. 6 ...... At the confluence with Indian Creek ...... +997 +1000 City of Olathe. Just downstream of West 143rd Street ...... +1013 +1014 James Branch ...... Just upstream of the confluence with Indian Creek ..... +833 +832 City of Leawood. Approximately 660 feet upstream of Ensley Lane ...... +889 +891 Kill Creek ...... Approximately 820 feet upstream of West 83rd Street +791 +792 City of Gardner, City of Desoto, Unincorporated Areas of Johnson Coun- ty.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Approximately 5,750 feet upstream of West 167th None +1036 Street. Tributary C ...... At the confluence with Kill Creek ...... None +798 City of Desoto. Just upstream of Lexington Avenue ...... None +814 Tributary CA ...... At the confluence with Kill Creek Tributary C ...... None +814 City of Desoto, Unincor- porated Areas of John- son County. At Lexington Avenue ...... None +847 Tributary F ...... At the confluence with Kill Creek ...... None +813 Unincorporated Areas of Johnson County. Approximately 7,480 feet upstream of the confluence None +872 with Kill Creek. Tributary G ...... At the confluence with Kill Creek ...... None +820 Unincorporated Areas of Johnson County. Approximately 3,380 feet upstream of String Town None +862 Road. Tributary H ...... At the confluence with Kill Creek ...... None +832 Unincorporated Areas of Johnson County. Just downstream of Homestead Lane ...... None +889 Tributary I ...... At the confluence with Kill Creek ...... None +869 Unincorporated Areas of Johnson County. Approximately 1,865 feet upstream of the confluence None +924 of Kill Creek Tributary IA. Tributary J ...... At the confluence with Kill Creek ...... None +879 Unincorporated Areas of Johnson County. At Walnut View Drive ...... None +885 Tributary K ...... At the confluence with Kill Creek ...... None +883 City of Gardner, Unincor- porated Areas of John- son County. Approximately 240 feet upstream of the confluence of None +1003 Kill Creek Tributary KC. Tributary KA ...... At the confluence with Kill Creek Tributary K ...... None +937 City of Gardner. Approximately 1,320 feet upstream of the confluence None +948 with Kill Creek Tributary K. Tributary KC ...... At the confluence with Kill Creek Tributary K ...... None +1002 City of Gardner, Unincor- porated Areas of John- son County. Approximately 2,200 feet upstream of West 167th None +1010 Street. Tributary L ...... At the confluence with Kill Creek ...... None +887 Unincorporated Areas of Johnson County. Approximately 1,030 feet upstream of the confluence None +892 with Kill Creek. Tributary M ...... At the confluence with Kill Creek ...... None +905 Unincorporated Areas of Johnson County. Approximately 6,210 feet upstream of the confluence None +950 with Kill Creek. Tributary N ...... At the confluence with Kill Creek ...... None +919 Unincorporated Areas of Johnson County. Approximately 3,080 feet upstream of Gardner Road None +1003 Tributary O ...... At the confluence with Kill Creek ...... None +945 Unincorporated Areas of Johnson County. Just downstream of West 151st Street ...... None +947 Tributary P ...... At the confluence with Kill Creek ...... None +996 Unincorporated Areas of Johnson County. At West 159th Street ...... None +1009 West Tributary C ...... Approximately 930 feet upstream of the confluence +796 +803 Unincorporated Areas of with Kill Creek West Tributary B. Johnson County. Approximately 1,120 feet upstream of Edgerton Road None +837 Lake Quivira...... Approximately 800 feet downstream of County None +829 City of Lake Quivira, City Boundary. of Shawnee. Approximately 3,000 feet upstream of Lakeshore None +854 South Street. Tributary A ...... At the confluence with Lake Quivira ...... None +829 City of Lake Quivira, City of Shawnee. Approximately 1,930 feet upstream of Lakeshore None +850 West Street. Tributary AA ...... At the confluence with Lake Quivira Tributary A ...... None +829 City of Lake Quivira.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

At Lakeshore West Street ...... None +832 Little Bull Creek ...... At the County Boundary ...... None +939 Unincorporated Areas of Johnson County. Approximately 700 feet upstream of West 199th None +1010 Street. Tributary A ...... At the confluence with Little Bull Creek ...... None +953 Unincorporated Areas of Johnson County. Approximately 5,105 feet upstream of Cedar Niles None +1004 Road. Little Cedar Creek ...... At the confluence with Cedar Creek ...... +839 +845 Unincorporated Areas of Johnson County, City of Olathe. Just downstream of Old U.S. Highway 56 ...... None +1023 Tributary B ...... At the confluence with Little Cedar Creek ...... +865 +866 Unincorporated Areas of Johnson County, City of Olathe. Approximately 1,430 feet upstream of West 127th None +1005 Street. Tributary C ...... At the confluence with Little Cedar Creek ...... +879 +881 Unincorporated Areas of Johnson County, City of Olathe. Just downstream of College Boulevard ...... None +980 Tributary CA ...... At the confluence with Little Cedar Creek Tributary C None +957 City of Olathe. Approximately 1,650 feet upstream of the confluence None +961 with Little Cedar Creek Tributary C. Tributary D ...... At the confluence with Little Cedar Creek ...... +904 +909 City of Olathe, Unincor- porated Areas of John- son County. Approximately 3,210 feet upstream of the confluence None +938 with Little Cedar Creek. Tributary F ...... At the confluence with Little Cedar Creek ...... +971 +973 City of Olathe. Just downstream of West Santa Fe Street ...... +973 +978 Little Mill Creek...... At the confluence with Mill Creek ...... +794 +792 City of Lenexa, City of Shawnee. At Brentwood Drive ...... +977 +981 Tributary A ...... At the confluence with Little Mill Creek ...... +794 +792 City of Shawnee. At Midland Drive ...... None +806 Tributary B ...... At the confluence with Little Mill Creek ...... +857 +858 City of Shawnee. Approximately 1,720 feet upstream of the confluence None +871 with Little Mill Creek. Tributary C ...... Approximately 260 feet upstream of the confluence +860 +861 City of Shawnee. with Little Mill Creek. Approximately 460 feet upstream of the confluence None +865 with Little Mill Creek. Tributary D ...... At the confluence with Little Mill Creek ...... +883 +882 City of Shawnee. Approximately 2,400 feet upstream of West 71st None +920 Street. Tributary E ...... At the confluence with Little Mill Creek ...... +889 +891 City of Shawnee, City of Lenexa. Approximately 940 feet upstream of the confluence None +896 with Little Mill Creek. Tributary F ...... At the confluence with Little Mill Creek ...... +893 +897 City of Shawnee, City of Lenexa. Approximately 880 feet upstream of the confluence of None +922 Little Mill Creek Tributary FA. Tributary FA ...... At the confluence with Little Mill Creek Tributary F ..... None +915 City of Shawnee. Approximately 430 feet upstream of Blackfish Park- None +923 way. Tributary H ...... At the confluence with Little Mill Creek ...... +922 +927 City of Lenexa. Approximately 1,340 feet upstream of the confluence +922 +932 with Little Mill Creek. Tributary I ...... At the confluence with Little Mill Creek ...... +952 +956 City of Lenexa. Approximately 790 feet upstream of Greenway Lane None +961 Martin Creek ...... At the confluence with Big Bull Creek ...... None +951 City of Edgerton, Unincor- porated Areas of John- son County. Approximately 4,900 feet upstream of Old State High- None +1022 way 56.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Tributary C ...... At the confluence with Martin Creek ...... +960 +963 City of Edgerton, Unincor- porated Areas of John- son County. Approximately 6,550 feet upstream of Burlington None +1013 Northern & Santa Fe Railway. Tributary CA ...... At the confluence with Martin Creek Tributary C ...... +969 +973 City of Edgerton. Approximately 2,670 feet upstream of First Street ...... None +1008 Tributary D ...... At the confluence with Martin Creek ...... +967 +972 Unincorporated Areas of Johnson County. Approximately 335 feet upstream of West 183rd None +1022 Street. Tributary E ...... At the confluence with Martin Creek ...... +982 +984 Unincorporated Areas of Johnson County. Approximately 13,450 feet upstream of 191st Street .. None +1037 Tributary F ...... At the confluence with Martin Creek ...... None +1001 Unincorporated Areas of Johnson County. Approximately 5,500 feet upstream of the confluence None +1027 with Martin Creek. Massey Creek ...... At State Line Road ...... None +968 Unincorporated Areas of Johnson County. Approximately 415 feet upstream of Mission Road ..... None +1003 Tributary A ...... At the confluence with Massey Creek ...... None +983 Unincorporated Areas of Johnson County. Approximately 4,850 feet upstream of the confluence None +1034 of Massey Creek Tributary AB. Tributary AA ...... At the confluence with Massey Creek Tributary A ...... None +985 Unincorporated Areas of Johnson County. Approximately 4,070 feet upstream of West 207th None +1028 Street. Tributary AB ...... At the confluence with Massey Creek Tributary A ...... None +1004 Unincorporated Areas of Johnson County. Approximately 4,525 feet upstream of the confluence None +1027 with Massey Creek Tributary A. Mill Creek ...... Just upstream of Wilder Road ...... +768 +769 City of Shawnee, City of Lenexa, City of Olathe, Unincorporated Areas of Johnson County. Approximately 2,000 feet upstream of East Cedar +1017 +1016 Street. Tributary A ...... At the confluence with Mill Creek ...... +775 +773 City of Shawnee. Just downstream of Woodland Drive ...... +775 +773 Tributary B ...... At the confluence with Mill Creek ...... +783 +785 City of Shawnee. Approximately 530 feet upstream of Barker Road ...... None +786 Tributary D ...... At the confluence with Mill Creek ...... +800 +798 City of Shawnee. Approximately 1,050 feet upstream of Woodland None +823 Drive. Tributary E ...... At the confluence with Mill Creek ...... +806 +803 City of Shawnee, City of Lenexa. Approximately 1,800 feet upstream of the confluence None +879 of Mill Creek Tributary EB. Tributary EA ...... At the confluence with Mill Creek Tributary E ...... None +874 City of Lenexa. Approximately 2,400 feet upstream of the confluence None +876 with Mill Creek Tributary E. Tributary EB ...... At the confluence with Mill Creek Tributary E ...... None +874 City of Lenexa, City of Shawnee. Just downstream of Barkley Drive ...... None +888 Tributary G ...... At the confluence with Mill Creek ...... +858 +857 City of Lenexa. Approximately 1,340 feet upstream of the confluence None +870 with Mill Creek. Tributary H ...... At the confluence with Mill Creek ...... +868 +869 City of Lenexa, City of Olathe, Unincorporated Areas of Johnson Coun- ty. Just downstream of College Boulevard ...... None +968 Tributary HA ...... At the confluence with Mill Creek Tributary H ...... +895 +896 City of Lenexa. Approximately 790 feet upstream of Renner Boule- None +940 vard. Tributary HB ...... At the confluence with Mill Creek Tributary H ...... None +957 City of Lenexa.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Just downstream of Eicher Drive ...... None +982 Tributary J ...... At the confluence with Mill Creek ...... +916 +919 City of Olathe. Approximately 1,940 feet upstream of the confluence None +926 with Mill Creek. Tributary L ...... At the confluence with Mill Creek ...... +928 +932 City of Olathe. Just downstream of South Ridgeview Road ...... None +945 Tributary M...... Approximately 720 feet upstream of Burlington & None +950 City of Olathe. Northern Santa Fe Railway. At the confluence with Mill Creek ...... +943 +950 Tributary N ...... Approximately 580 feet upstream of South Nelson None +956 City of Olathe. Road. At the confluence with Mill Creek ...... +950 +956 Tributary NA ...... At the confluence with Mill Creek Tributary N ...... +950 +956 City of Olathe. Just downstream of South Nelson Road ...... None +957 Tributary O ...... At the confluence with Mill Creek ...... +952 +959 City of Olathe. Just downstream of East Kansas City Road ...... None +1007 Negro Creek ...... At the confluence with Blue River ...... +869 +868 City of Overland Park, City of Leawood. At U.S. Highway 69 ...... +986 +989 Tributary A ...... At the confluence with Negro Creek ...... +872 +870 City of Leawood, City of Overland Park. Approximately 300 feet upstream of the confluence of None +926 Negro Creek Tributary AC. Tributary AB ...... At the confluence with Negro Creek Tributary A ...... +917 +921 City of Leawood. Approximately 1,050 feet upstream of the confluence None +926 with Negro Creek Tributary A. Tributary AC ...... At the confluence with Negro Creek Tributary A ...... None +923 City of Leawood. At West 143rd Street ...... None +924 Tributary B ...... At the confluence with Negro Creek ...... +884 +888 City of Leawood. Approximately 740 feet upstream of the confluence None +892 with Negro Creek. Tributary C ...... At the confluence with Negro Creek ...... +903 +908 City of Leawood. At Nall Avenue ...... None +917 Tributary D ...... At the confluence with Negro Creek ...... +920 +923 City of Overland Park. At West 157th Street ...... None +947 Tributary E ...... At the confluence with Negro Creek ...... +924 +925 City of Overland Park. At West 156th Street ...... +926 +932 Niles Creek ...... At the County Boundary ...... None +940 Unincorporated Areas of Johnson County, City of Gardner. Approximately 100 feet upstream of U.S. Highway 56 None +1032 Tributary A ...... At the confluence with Niles Creek ...... None +974 Unincorporated Areas of Johnson County. Approximately 4,310 feet upstream of the confluence None +986 with Niles Creek. Tributary C ...... At the confluence with Niles Creek ...... None +1003 Unincorporated Areas of Johnson County. Approximately 3,020 feet upstream of the confluence None +1011 with Niles Creek. North Branch Indian Creek ... Approximately 220 feet upstream of the confluence +905 +906 City of Lenexa, City of with Indian Creek. Overland Park. Approximately 2,920 feet upstream of West 103rd None +979 Street. Tributary A ...... At the confluence with North Branch Indian Creek ...... +925 +927 City of Overland Park. Just downstream of West 103rd Street ...... +947 +944 Tributary B ...... At the confluence with North Branch Indian Creek ...... +935 +937 City of Overland Park, City of Lenexa. Approximately 600 feet upstream of Hauser Street ..... None +980 Pickering Creek ...... At the confluence with Captain Creek ...... None +922 Unincorporated Areas of Johnson County. Approximately 3,920 feet upstream of West 167th None +979 Street. Tributary A ...... At the confluence with Pickering Creek ...... None +940 Unincorporated Areas of Johnson County. Approximately 3,150 feet upstream of the confluence None +959 of Pickering Creek Tributary AA.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Rock Creek ...... At the confluence with Brush Creek ...... +863 +868 City of Mission, City of Fairway, City of Mission Hills, City of Roeland Park. Approximately 400 feet upstream of the confluence +964 +960 with Rock Creek Tributary G. Tributary A ...... Approximately 100 feet downstream of Shawnee Mis- None +892 City of Roeland Park, City sion Parkway. of Fairway. Approximately 3,000 feet upstream of Shawnee Mis- None +936 sion Parkway. Tributary B ...... Approximately 300 feet downstream of Shawnee Mis- None +898 City of Roeland Park, City sion Parkway. of Fairway. Approximately 1,100 feet upstream of West 53rd None +943 Street. Tributary D ...... Approximately 450 feet downstream of West 54th None +931 City of Roeland Park. Terrace. Approximately 560 feet upstream of Sherwood Drive None +963 Tributary E ...... At Johnson Drive ...... None +935 City of Roeland Park, City of Mission. At West 57th Street ...... None +940 Spoon Creek ...... At the confluence with Kill Creek ...... None +821 Unincorporated Areas of Johnson County. Approximately 1,280 feet upstream of West 167th None +988 Street. Tributary B ...... At the confluence with Spoon Creek ...... None +919 Unincorporated Areas of Johnson County. Approximately 4,380 feet upstream of Sunflower None +937 Road. Tributary C ...... At the confluence with Spoon Creek ...... None +927 Unincorporated Areas of Johnson County. Approximately 450 feet upstream of the confluence None +928 with Spoon Creek. Tributary E ...... At the confluence with Spoon Creek ...... None +958 Unincorporated Areas of Johnson County. Approximately 3,120 feet upstream of Sunflower None +975 Road. Spring Creek ...... At West 215th Street ...... None +940 Unincorporated Areas of Johnson County, City of Spring Hill. Approximately 3,000 feet upstream of West 199th None +1029 Street. Sweetwater Creek ...... Approximately 11,000 feet downstream of West 215th None +960 Unincorporated Areas of Street. Johnson County, City of Spring Hill. Approximately 500 feet upstream of West 207th None +1031 Street. Tributary A ...... At the confluence with Sweetwater Creek ...... None +997 Unincorporated Areas of Johnson County, City of Spring Hill. Approximately 5,180 feet upstream of the confluence None +1029 with Sweetwater Creek. Tributary B ...... At the confluence with Sweetwater Creek ...... None +997 Unincorporated Areas of Johnson County, City of Spring Hill. Approximately 2,775 feet upstream of the confluence None +1012 with Sweetwater Creek. Ten Mile Creek ...... At West 215th Street ...... None +1013 Unincorporated Areas of Johnson County. Approximately 405 feet upstream of Lackman Road ... None +1024 Tomahawk Creek ...... At the confluence with Indian Creek ...... +845 +843 City of Leawood. At College Boulevard ...... +845 +844 Tributary No. 12B1 ...... Approximately 70 feet upstream of the confluence +923 +924 City of Overland Park. with Tomahawk Creek Tributary No. 12. Just upstream of West 133rd Street ...... +924 +925 Tributary No. 13 ...... At the confluence with Tomahawk Creek ...... +929 +930 City of Overland Park. Approximately 1,050 feet upstream of the confluence +931 +932 with Tomahawk Creek.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Tributary No. 13B1 ...... At the confluence with Tomahawk Creek ...... +935 +934 City of Overland Park. Approximately 50 feet upstream of the confluence +935 +934 with Tomahawk Creek. Tributary No. 4 ...... Approximately 100 feet upstream of the confluence +864 +865 City of Leawood. with Tomahawk Creek. Approximately 400 feet upstream of the confluence +864 +865 with Tomahawk Creek. Tributary No. 9 ...... Approximately 220 feet upstream of the confluence +890 +891 City of Overland Park. with Tomahawk Creek. Approximately 820 feet upstream of the confluence +892 +893 with Tomahawk Creek. Tucker Branch ...... At West 215th Street ...... None +1000 Unincorporated Areas of Johnson County. Approximately 5,025 feet upstream of Renner Road .. None +1022 Turkey Creek ...... Approximately 125 feet downstream of Lamar Avenue +843 +844 City of Overland Park, City of Lenexa, City of Merriam, City of Mission, City of Shawnee. Approximately 1,525 feet upstream of Nieman Road .. None +1007 Tributary C ...... At the confluence with Turkey Creek ...... +894 +895 City of Merriam. Approximately 1,225 feet upstream of Merriam Drive None +897 Tributary F ...... At the confluence with Turkey Creek ...... +931 +934 City of Merriam, City of Shawnee. Approximately 200 feet upstream of Flint Street ...... None +974 Tributary J ...... At East Frontage Road ...... +971 +977 City of Overland Park. Approximately 1,880 feet upstream of Mastin Street ... None +992 Wolf Creek ...... At the confluence with Blue River ...... +909 +913 City of Overland Park, Un- incorporated Areas of Johnson County. At West 183rd Street ...... None +1041 Tributary B ...... At the confluence with Wolf Creek ...... +914 +918 City of Overland Park, Un- incorporated Areas of Johnson County. At U.S. Highway 69 ...... None +953 Tributary C ...... At the confluence with Wolf Creek ...... +931 +934 Unincorporated Areas of Johnson County. At West 207th Street ...... None +1045 Tributary CC ...... At the confluence with Wolf Creek Tributary C ...... None +1018 Unincorporated Areas of Johnson County. At Antioch Road ...... None +1019 Tributary CD ...... At the confluence with Wolf Creek Tributary C ...... None +1034 Unincorporated Areas of Johnson County. At Antioch Road ...... None +1042 Tributary D ...... At the confluence with Wolf Creek ...... +935 +939 Unincorporated Areas of Johnson County. Approximately 1,140 feet upstream of the confluence +935 +953 with Wolf Creek. Tributary E ...... At the confluence with Wolf Creek ...... +938 +941 Unincorporated Areas of Johnson County. At West 199th Street ...... None +1026 Tributary EA ...... At the confluence with Wolf Creek Tributary E ...... None +1006 Unincorporated Areas of Johnson County. At Quivira Road ...... None +1025 Tributary EB ...... At the confluence with Wolf Creek Tributary E ...... None +1021 Unincorporated Areas of Johnson County. At West 199th Street ...... None +1028 Tributary F ...... At the confluence with Wolf Creek ...... +946 +950 Unincorporated Areas of Johnson County. Approximately 720 feet upstream of the confluence +946 +953 with Wolf Creek. Tributary G ...... At the confluence with Wolf Creek ...... None +966 Unincorporated Areas of Johnson County. At West 191st Street ...... None +1024 Tributary GA ...... At the confluence with Wolf Creek Tributary G ...... None +993 Unincorporated Areas of Johnson County. At West 191st Street ...... None +1008 Tributary H ...... At the confluence with Wolf Creek ...... None +990 Unincorporated Areas of Johnson County.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

At West 183rd Street ...... None +997 Tributary I ...... At the confluence with Wolf Creek ...... None +997 Unincorporated Areas of Johnson County. At West 183rd Street ...... None +999 Tributary J ...... At the confluence with Wolf Creek ...... None +1003 Unincorporated Areas of Johnson County. Approximately 2,550 feet upstream of West 183rd None +1021 Street. Tributary K ...... At the confluence with Wolf Creek ...... None +1012 Unincorporated Areas of Johnson County. Approximately 1,100 feet upstream of the confluence None +1015 with Wolf Creek. Tributary L ...... At the confluence with Wolf Creek ...... None +1016 Unincorporated Areas of Johnson County. Approximately 1,220 feet upstream of the confluence None +1034 with Wolf Creek. Tributary M ...... At the confluence with Wolf Creek ...... None +1018 Unincorporated Areas of Johnson County. Approximately 925 feet upstream of the confluence None +1019 with Wolf Creek. Tributary N ...... At the confluence with Wolf Creek ...... None +1020 Unincorporated Areas of Johnson County. Approximately 4,970 feet upstream of the confluence None +1041 with Wolf Creek. Tributary NA ...... At the confluence with Wolf Creek Tributary N ...... None +1025 Unincorporated Areas of Johnson County. Approximately 1,000 feet upstream of the confluence None +1040 with Wolf Creek Tributary N.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Desoto Maps are available for inspection at 33150 W. 83rd Street, De Soto, KS 66018. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Edgerton Maps are available for inspection at 404 E. Nelson, Edgerton, KS 66021. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Fairway Maps are available for inspection at 5252 Belinder Road, Fairway, KS 66205. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Gardner Maps are available for inspection at 120 E. Main Street, Gardner, KS 66030. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Lake Quivira Maps are available for inspection at 10 Crescent Boulevard, Lake Quivira, KS 66217. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Leawood Maps are available for inspection at 4820 Town Center Drive, Leawood, KS 66211. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Lenexa Maps are available for inspection at 12350 W. 87th Street Parkway, Lenexa, KS 66215. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Merriam Maps are available for inspection at 9000 W. 62nd Terrace, Merriam, KS 66202.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Mission Maps are available for inspection at 6090 Woodson, Mission, KS 66202 Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Mission Hills Maps are available for inspection at 6300 State Line Road, Mission Hills, KS 66208. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Mission Woods Maps are available for inspection at 4700 Rainbow Boulevard, Westwood, KS 66205. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Olathe Maps are available for inspection at 100 W. Santa Fe Drive, Olathe, KS 66061. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Overland Park Maps are available for inspection at 8500 Santa Fe Drive, Overland Park, KS 66212. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Prairie Village Maps are available for inspection at 7700 Mission Road, Prairie Village, KS 66208. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Roeland Park Maps are available for inspection at 4600 W. 51st Street, Roeland Park, KS 66205. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Shawnee Maps are available for inspection at 11110 Johnson Drive, Shawnee, KS 66203. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. City of Spring Hill Maps are available for inspection at 401 N. Madison Street, Spring Hill, KS 66083. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Johnson County Maps are available for inspection at 111 S. Cherry Street, Suite 3500, Olathe, KS 66061. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Cherokee County, North Carolina and Incorporated Areas

Bates Creek ...... At the confluence with Hanging Dog Creek ...... None +1,529 Unincorporated Areas of Cherokee County, East- ern Band of Cherokee Indians. Approximately 0.8 mile upstream of the confluence None +1,633 with Hanging Dog Creek. Bearpaw Creek ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 80 feet downstream of Lower Bear None +1,534 Paw Road (State Road 1312). Beaverdam Creek ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 70 feet downstream of the confluence None +1,734 of Cook Creek. Beech Creek ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 2.4 miles upstream of the confluence None +1,548 with Hiwassee River.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Brasstown Creek ...... At the confluence with Hiwassee River ...... None +1,587 Unincorporated Areas of Cherokee County. Approximately 0.4 mile upstream of Brasstown Road None +1,605 Brown Creek ...... At the confluence with Valley River ...... None +1,692 Unincorporated Areas of Cherokee County. Approximately 0.6 mile upstream of the confluence None +1,709 with Valley River. Cane Creek ...... At the confluence with Nottely River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 0.9 mile upstream of U.S. Highway 64 None +1,536 Chambers Creek ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 1.7 miles upstream of the confluence None +1,534 with Hiwassee River. Davis Creek ...... At the confluence with Hanging Dog Creek ...... None +1,767 Unincorporated Areas of Cherokee County Approximately 20 feet downstream of the confluence None +2,054 with Dockey Creek and Bald Creek. Grape Creek ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 0.9 mile upstream of Joe Brown High- None +1,530 way (State Road 1326). Hanging Dog Creek ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County, East- ern Band of Cherokee Indians. Approximately 1,300 feet upstream of Running Deer None +1,914 Lane. Hiwassee River ...... Approximately 1.5 miles downstream of Apalachia None +1,162 Unincorporated Areas of Lake Dam. Cherokee County, Town of Murphy. Approximately 875 feet downstream of Mission Dam None +1,620 Junaluska Creek ...... At the confluence with Valley River ...... None +1,783 Unincorporated Areas of Cherokee County, Town of Andrews. At the confluence of Bear Branch ...... None +2,169 Little Brasstown Creek ...... At the confluence with Brasstown Creek ...... None +1,605 Unincorporated Areas of Cherokee County. Approximately 1.8 miles upstream of Folk School None +1,627 Road (State Road 1565). Martin Creek ...... At the confluence with Hiwassee River ...... None +1,534 Unincorporated Areas of Cherokee County. Approximately 1,740 feet upstream of Brasstown None +1,655 Road (State Road 1564). McClellan Creek ...... At the confluence with Tatham Creek ...... None +1,852 Unincorporated Areas of Cherokee County. Approximately 1,200 feet upstream of Pisgah Road None +1,903 (State Road 1507). Morgan Creek ...... At the confluence with Valley River ...... None +1,594 Unincorporated Areas of Cherokee County. Approximately 0.5 mile upstream of the confluence None +1,601 with Valley River. Nottely River ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 2.2 miles downstream of U.S. Highway None +1,534 64. Owl Creek ...... At the confluence with Hanging Dog Creek ...... None +1,677 Unincorporated Areas of Cherokee County. Approximately 0.5 mile upstream of Owl Creek Road None +1,904 (State Road 1340). Peachtree Creek ...... At the confluence with Hiwassee River ...... None +1,564 Unincorporated Areas of Cherokee County. Approximately 0.5 mile upstream of Upper Peachtree None +1,798 Road (State Road 1535). Persimmon Creek ...... At the confluence with Hiwassee River ...... None +1,529 Unincorporated Areas of Cherokee County. Approximately 440 feet upstream of U.S. Highway 64 None +1,821

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Phillips Creek ...... At the confluence with Tatham Creek ...... None +1,852 Unincorporated Areas of Cherokee County. Approximately 1,610 feet upstream of Sunflower Lane None +2,360 Rapier Mill Creek ...... Approximately 0.6 mile upstream of the confluence +1570 +1,571 Unincorporated Areas of with Nottely River. Cherokee County. At the confluence of South Fork Rapier Mill Creek ..... None +1,596 Ricket Branch ...... At the confluence with Valley River ...... None +1,679 Unincorporated Areas of Cherokee County. Approximately 200 feet downstream of Airport Road None +1,706 (State Road 1428). Rogers Creek ...... At the confluence with Valley River ...... None +1,572 Unincorporated Areas of Cherokee County. Approximately 0.7 mile upstream of the confluence None +1,594 with Valley River. Slow Creek ...... Approximately 75 feet downstream of the downstream None +1,678 Unincorporated Areas of most crossing of Canyon Road (State Road 1527). Cherokee County. Approximately 660 feet upstream of the upstream None +1,727 most crossing of Canyon Road (State Road 1527). South Fork Rapier Mill Creek At the confluence with Rapier Mill Creek ...... None +1,596 Unincorporated Areas of Cherokee County. Approximately 1.9 miles upstream of State Route 60 None +1,674 South Shoal Creek ...... At the confluence with Hiwassee River ...... None +1,282 Unincorporated Areas of Cherokee County. Approximately 2.7 miles upstream of Shoal Creek None +1,972 Road (State Road 1145). Tatham Creek ...... At the confluence with Valley River ...... None +1,772 Unincorporated Areas of Cherokee County, Town of Andrews. At the confluence of McClellan Creek and Phillips None +1,852 Creek. Valley River ...... At the confluence with Hiwassee River ...... None +1,530 Unincorporated Areas of Cherokee County, Town of Andrews, Town of Murphy. Approximately 1.0 mile upstream of Cherokee Avenue None +3,678 Whitiaker Branch ...... At the confluence with Valley River ...... None +1,696 Unincorporated Areas of Cherokee County. Approximately 0.8 mile upstream of the confluence None +1,715 with Valley River. Worm Creek ...... At the confluence with Valley River ...... None +1,825 Unincorporated Areas of Cherokee County. Approximately 0.9 mile upstream of Robinson Road None +2,240 (State Road 1502).

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Eastern Band of Cherokee Indians Maps are available for inspection at Ginger Lynn Welch Complex, 810 Aquoni Road, Cherokee, North Carolina. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Town of Andrews Maps are available for inspection at Andrews Town Hall, 1101 Main Street, Andrews, North Carolina. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Town of Murphy Maps are available for inspection at Murphy Town Hall, 5 Wofford Street, Murphy, North Carolina. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Cherokee County Maps are available for inspection at Cherokee County Mapping Department/GIS, County Courthouse, 39 Peachtree Street, Suite 104, Murphy, North Carolina. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation #Depth in feet above Communities affected ground Effective Modified

Fayette County, Tennessee, and Incorporated Areas

Wolf River Unnamed Tribu- Approximately 1,600 feet upstream of the confluence None +300 City of Piperton, Unincor- tary 1 (Controlled by Wolf with Wolf River. porated Areas of Fayette River). County. Approximately 5,170 feet upstream of the confluence None +300 with Wolf River. Wolf River Unnamed Tribu- Approximately 2,750 feet upstream of the confluence None +300 Unincorporated Areas of tary 2 (Controlled by Wolf with Wolf River. Fayette County. River). Approximately 4,300 feet upstream of the confluence None +300 with Wolf River.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Piperton Maps are available for inspection at 3575 Highway 196, Piperton, TN 38017. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. Unincorporated Areas of Fayette County Maps are available for inspection at 16265 Highway 64, Suite 4, Somerville, TN 38068. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

Catalog of Federal Domestic Assistance No. elevations for the reach described by the Emergency Management Agency, 500 C 97.022, ‘‘Flood Insurance.’’ downstream and upstream locations in Street, SW., Washington, DC 20472. Dated: October 9, 2007. the table below. The BFEs and modified SUPPLEMENTARY INFORMATION: The BFEs are a part of the floodplain David I. Maurstad, Federal Emergency Management Agency Federal Insurance Administrator of the management measures that the community is required either to adopt (FEMA) proposes to make National Flood Insurance Program, determinations of BFEs and modified Department of Homeland Security, Federal or show evidence of having in effect in Emergency Management Agency. order to qualify or remain qualified for BFEs for each community listed below, in accordance with section 110 of the [FR Doc. E7–20357 Filed 10–15–07; 8:45 am] participation in the National Flood Flood Disaster Protection Act of 1973, BILLING CODE 9110–12–P Insurance Program (NFIP). In addition, these elevations, once finalized, will be 42 U.S.C. 4104, and 44 CFR 67.4(a). used by insurance agents, and others to These proposed BFEs and modified DEPARTMENT OF HOMELAND calculate appropriate flood insurance BFEs, together with the floodplain SECURITY premium rates for new buildings and management criteria required by 44 CFR the contents in those buildings. 60.3, are the minimum that are required. Federal Emergency Management DATES: Comments are to be submitted They should not be construed to mean Agency on or before January 14, 2008. that the community must change any ADDRESSES: The corresponding existing ordinances that are more 44 CFR Part 67 preliminary Flood Insurance Rate Map stringent in their floodplain [Docket No. FEMA–B–7741] (FIRM) for the proposed BFEs for each management requirements. The community are available for inspection community may at any time enact Proposed Flood Elevation at the community’s map repository. The stricter requirements of its own, or Determinations respective addresses are listed in the pursuant to policies established by other Federal, State, or regional entities. AGENCY: table below. Federal Emergency These proposed elevations are used to Management Agency, DHS. You may submit comments, identified by Docket No. FEMA–B–7741, to meet the floodplain management ACTION: Proposed rule. William R. Blanton, Jr., Chief, requirements of the NFIP and are also SUMMARY: Comments are requested on Engineering Management Section, used to calculate the appropriate flood the proposed Base (1 percent annual- Mitigation Directorate, Federal insurance premium rates for new chance) Flood Elevations (BFEs) and Emergency Management Agency, 500 C buildings built after these elevations are proposed BFE modifications for the Street, SW., Washington, DC 20472. made final, and for the contents in these communities listed in the table below. FOR FURTHER INFORMATION CONTACT: buildings. The purpose of this notice is to seek William R. Blanton, Jr., Chief, Comments on any aspect of the Flood general information and comment Engineering Management Section, Insurance Study and FIRM, other than regarding the proposed regulatory flood Mitigation Directorate, Federal the proposed BFEs, will be considered.

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A letter acknowledging receipt of any impact assessment has not been List of Subjects in 44 CFR Part 67 comments will not be sent. prepared. Administrative practice and Regulatory Flexibility Act. As flood Administrative Procedure Act procedure, Flood insurance, Reporting elevation determinations are not within Statement. This matter is not a and recordkeeping requirements. the scope of the Regulatory Flexibility rulemaking governed by the Accordingly, 44 CFR part 67 is Act, 5 U.S.C. 601–612, a regulatory Administrative Procedure Act (APA), 5 proposed to be amended as follows: U.S.C. 553. FEMA publishes flood flexibility analysis is not required. Executive Order 12866, Regulatory elevation determinations for notice and PART 67—[AMENDED] Planning and Review. This proposed comment; however, they are governed rule is not a significant regulatory action 1. The authority citation for part 67 by the Flood Disaster Protection Act of under the criteria of section 3(f) of continues to read as follows: 1973, 42 U.S.C. 4105, and the National Executive Order 12866, as amended. Flood Insurance Act of 1968, 42 U.S.C. Authority: 42 U.S.C. 4001 et seq.; Executive Order 13132, Federalism. Reorganization Plan No. 3 of 1978, 3 CFR, 4001 et seq., and do not fall under the This proposed rule involves no policies APA. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, that have federalism implications under 3 CFR, 1979 Comp., p. 376. National Environmental Policy Act. Executive Order 13132. This proposed rule is categorically Executive Order 12988, Civil Justice § 67.4 [Amended] excluded from the requirements of 44 Reform. This proposed rule meets the 2. The tables published under the CFR part 10, Environmental applicable standards of Executive Order authority of § 67.4 are proposed to be Consideration. An environmental 12988. amended as follows:

*Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above Flooding source(s) Location of referenced elevation** ground Communities affected Effective Modified

Orange County, New York, and Incorporated Areas

Black Meadow Creek ...... At confluence with Otter Kill ...... +378 +377 Town of Goshen. Approximately 800 feet upstream of confluence with +378 +377 Otter Kill. Cold Brook ...... Approximately 300 feet downstream of Beach Road .. +439 +435 Town of Deer Park, City of Port Jervis. At confluence with Neversink River ...... +438 +435 Delaware River ...... At County boundary ...... +425 +426 Town of Deer Park, City of Port Jervis. Approximately 645 feet upstream of Rail Road ...... +469 +470 Monhagen Brook...... Approximately 0.4 mile downstream of Abe Isseks None +465 City of Middletown, Town Drive. of Wallkill, Town of Wawayanda. Approximately 1,200 feet upstream of Mt. Hope Road None +606 Moodna Creek ...... Approximately 1,100 feet downstream of spillway at +259 +260 Town of Blooming Grove, Towns of Blooming Grove and Cornwall corporate Town of Cornwall, Vil- limits. lage of Washingtonville. At the confluence with Otter Kill and Cromline Creek +321 +319 Neversink River ...... At the confluence with Delaware River ...... +425 +430 City of Port Jervis, Town of Deer Park. Approximately 275 feet upstream of Paradise Road ... +645 +649 Otter Kill ...... Approximately 1.2 miles upstream of Sora Wells Trail +366 +365 Town of Goshen. Approximately 1.4 miles upstream of State Route 17 None +470 Tributary 12 ...... At the confluence with Otter Kill ...... +368 +365 Town of Goshen. Approximately 150 feet upstream of Craigville Road .. +397 +395 Perry Creek ...... At the confluence with Moodna Creek ...... None +306 Town of Blooming Grove, Village of Washingtonville. Approximately 500 feet upstream of Clove Road ...... None +537 Pine Tree Brook ...... At confluence with Ramapo River Reach 2 ...... +580 +582 Village of Monroe. Approximately 1,020 feet upstream of confluence with +581 +582 Ramapo River Reach 2. Quaker Creek ...... Approximately 100 feet upstream of confluence with +399 +398 Village of Florida. Browns Creek. Approximately 150 feet upstream of Roosevelt Ave- None +456 nue. Ramapo River Reach 2...... Approximately 2,150 feet downstream of Arden None +518 Village of Harriman, Town House Road. of Monroe, Town of Woodbury, Village of Monroe. Approximately 1.4 miles upstream of Reynolds Road None +838 Tributary 1 ...... At confluence with Ramapo River Reach 2 ...... +522 +519 Village of Harriman, Town of Woodbury. Approximately 1,100 feet upstream of Meadow Ave- +522 +519 nue.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above Flooding source(s) Location of referenced elevation** ground Communities affected Effective Modified

Tributary 26 ...... At confluence with Ramapo River Reach 2 ...... +579 +581 Village of Monroe. Approximately 800 feet upstream of confluence with +580 +581 Ramapo River Reach 2. Rio Grande ...... Approximately 300 feet downstream of State Route +411 +412 Town of Goshen, Village 17. of Goshen. Approximately 650 feet upstream of Greenwich Ave- +433 +430 nue. Tributary 4 ...... At the confluence with Rio Grande ...... None +427 Village of Goshen. Approximately 2,160 feet upstream of Scotchtown None +440 Road. Satterly Creek ...... At the confluence with Moodna Creek ...... +314 +312 Town of Blooming Grove, Village of Washingtonville. At the confluence of Satterly Creek Tributary #5 ...... +344 +346 South Tributary to At the confluence with Wawayanda Creek ...... +519 +521 Town of Warwick, Village Wawayanda Creek. of Warwick. Approximately 2 miles upstream of Galloway Road .... None +778 Wallkill River Tributary 6 ...... At the confluence with Wallkill River ...... None +331 Town of Montgomery. Approximately 1,800 feet upstream of State Route 17 None +392 Wawayanda Creek ...... Approximately 2,500 feet downstream of Howe Street +506 +507 Village of Warwick, Town of Warwick. Approximately 0.9 mile upstream of Forester Avenue +521 +522 Woodbury Creek ...... At Creamery Hill Road ...... +250 +251 Town of Cornwall, Town of Woodbury. Approximately 1,190 feet upstream of Estrada Road .. None +487 Tributary 11 ...... At the confluence with Woodbury Creek ...... None +487 Town of Woodbury. Approximately 2,700 feet upstream of Dunderburg None +772 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and includes BFEs located on the stream reach between the two listed herein. Please check the Flood Insurance Rate Map (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. COMMUNITY NAME City of Middletown Maps are available for inspection at Middletown City Hall, 16 James Street, Middletown, NY. City of Port Jervis Maps are available for inspection at Port Jervis City Municipal Building, 14–20 Hammond Street, Port Jervis, NY. Town of Blooming Grove Maps are available for inspection at Blooming Grove Town Hall, 6 Horton Road, Blooming Grove, NY. Town of Cornwall Maps are available for inspection at Cornwall Town Hall, 183 Main Street, Cornwall, NY. Town of Deer Park Maps are available for inspection at Deer Park Town Building Inspector’s Office, 420 Route 209, Hugenot, NY. Town of Goshen Maps are available for inspection at Goshen Town Hall, 41 Webster Street, NY. Town of Monroe Maps are available for inspection at Monroe Town Building Department, 11 Stage Road, Monroe, NY. Town of Montgomery Maps are available for inspection at Montgomery Town Hall, 110 Bracken Road, Montgomery, NY. Town of Wallkill Maps are available for inspection at Wallkill Town Hall, 99 Tower Drive, Middletown, NY. Town of Warwick Maps are available for inspection at Warwick Town Municipal Building, 132 Kings Highway, Warwick, NY. Town of Wawayanda Maps are available for inspection at Wawayanda Town Hall, 80 Ridgeberry Hill Road, Slate Hill, NY. Town of Woodbury Maps are available for inspection at Highlands Town Hall, 511 Route 32, Highland Mills, NY. Village of Florida Maps are available for inspection at Florida Village Hall, 33 South Main Street, Florida, NY.

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*Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above Flooding source(s) Location of referenced elevation** ground Communities affected Effective Modified

Village of Goshen Maps are available for inspection at Goshen Village Hall, 276 Main Street, Goshen, NY. Village of Harriman Maps are available for inspection at Harriman Village Hall, 1 Church Street, Harriman, NY. Village of Monroe Maps are available for inspection at Monroe Village Hall, 7 Stage Road, Monroe, NY. Village of Warwick Maps are available for inspection at Village Hall, 77 Main Street, Warwick, NY. Village of Washingtonville Maps are available for inspection at Washingtonville Village Hall, 29 West Main Street, Washingtonville, NY.

[Catalog of Federal Domestic Assistance No. (undiscounted) over a 20-year period as the instructions for submitting 97.022, ‘‘Flood Insurance.’’] a result of the proposed revised comments. Dated: October 10, 2007. designation of critical habitat, including FOR FURTHER INFORMATION CONTACT: David I. Maurstad, those costs coextensive with listing and Diane Steeck, Ecologist, or Connie Federal Insurance Administrator of the recovery. Discounted future costs are Rutherford, Listing and Recovery National Flood Insurance Program, estimated to be approximately $13 Coordinator, Ventura Fish and Wildlife Department of Homeland Security, Federal million ($0.85 million annualized) at a Office, at the address listed in Emergency Management Agency. 3 percent discount rate or ADDRESSES (telephone 805–644–1766; [FR Doc. E7–20388 Filed 10–15–07; 8:45 am] approximately $9.6 million ($0.85 facsimile 805–644–3958). If you use a BILLING CODE 9110–12–P million annualized) at a 7 percent telecommunications device for the deaf discount rate. The amended Required (TDD), call the Federal Information Determinations section provides our Relay Service (FIRS) at 800–877–8339. determination concerning compliance DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: with applicable statutes and Executive Fish and Wildlife Service Orders that we have deferred until the Public Comments Solicited information from the draft economic We will accept written comments and 50 CFR Part 17 analysis of this proposal was available. information during this reopened We are reopening the comment period RIN 1018–AU83 comment period on the proposed to allow all interested parties an revised critical habitat designation for opportunity to comment simultaneously Endangered and Threatened Wildlife Chorizanthe pungens var. pungens on the proposed rule, the associated and Plants; Designation of Critical published in the Federal Register on draft economic analysis, and the Habitat for the Monterey Spineflower December 14, 2006 (71 FR 75189), and amended Required Determinations (Chorizanthe pungens var. pungens) our draft economic analysis of the section. Comments previously proposed revised designation. We will AGENCY: Fish and Wildlife Service, submitted need not be resubmitted as consider information and Interior. they will be incorporated into the public recommendations from all interested ACTION: Proposed rule; reopening of record as part of this comment period parties. We are particularly interested in comment period, notice of availability and will be fully considered in comments concerning: of draft economic analysis, and preparation of the final rule. (1) The reasons why we should or amended Required Determinations. DATES: We will accept public comments should not designate habitat as ‘‘critical until October 31, 2007. habitat’’ under section 4 of the Act (16 SUMMARY: We, the U.S. Fish and ADDRESSES: If you wish to comment, U.S.C. 1531 et seq.), including whether Wildlife Service, announce the the benefit of designation would reopening of the comment period on the you may submit your comments and materials by any one of several methods: outweigh threats to the species caused proposed revised designation of critical by the designation, such that the 1. By mail or hand-delivery to: Diane habitat for the Monterey Spineflower designation of critical habitat is Noda, Field Supervisor, U.S. Fish and (Chorizanthe pungens var. pungens) prudent. Wildlife Service, Ventura Fish and under the Endangered Species Act of (2) Specific information on: 1973, as amended (Act). We also Wildlife Office, 2493 Portola Road, • The amount and distribution of announce the availability of the draft Suite B, Ventura, CA 93003. Chorizanthe pungens var. pungens economic analysis of the proposed 2. By electronic mail (e-mail) to: habitat, revised critical habitat designation and [email protected]. Please see the Public • What areas occupied at the time of amended Required Determinations for Comments Solicited section below for listing and that contain features the proposal. The draft economic other information about electronic essential to the conservation of the analysis for Chorizanthe pungens var. filing. species we should include in the pungens forecasts future costs 3. By fax to: the attention of Diane designation and why, and associated with conservation efforts for Steeck at 805–644–3958. • What areas not occupied at the time Chorizanthe pungens var. pungens of 4. Via the Federal eRulemaking Portal of listing are essential to the approximately $17 million at http://www.regulations.gov. Follow conservation of the species and why.

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(3) Our mapping methodology and identifies all costs that could result from economic analysis, the critical habitat criteria used for determining critical the proposed revised designation. proposal, and the final economic habitat, as well as any additional (12) Whether the benefit of excluding analysis, we may, during the information on features essential to the any particular area from the revised development of our final determination, conservation of the species. critical habitat designation outweighs find that areas proposed are not (4) Land use designations and current the benefit of including the area in the essential, are appropriate for exclusion or planned activities in the subject areas designation under section 4(b)(2) of the under section 4(b)(2) of the Act, or are and their possible impacts on proposed Act. not appropriate for exclusion. revised critical habitat. (13) The existence of any conservation If you use e-mail to submit your (5) Information on whether, and, if so, or management plans being comments, please include ‘‘Attn: RIN how many of, the State and local implemented by California State Parks, 1018–AU83’’ in your e-mail subject environmental protection measures Bureau of Land Management (BLM) on header, preferably with your name and referenced in the draft economic former Fort Ord, or other public or return address in the body of your analysis were adopted largely as a result private land management agencies or message. If you do not receive a of the listing of Chorizanthe pungens owners that we should consider for confirmation from the system that we var. pungens, and how many were exclusion from the designation under have received your e-mail, contact the either already in place at the time of section 4(b)(2) of the Act. Please include persons listed under FOR FURTHER listing or enacted for other reasons. information on any benefits INFORMATION CONTACT. (6) Information on whether the draft (educational, regulatory, etc.) of Before including your address, phone economic analysis identifies all State including or excluding lands from this number, e-mail address, or other and local costs and benefits attributable proposed revised designation. personal identifying information in your to the proposed revised critical habitat (14) Economic data on the comments, you should be aware that designation, and information on any incremental effects that would result your entire comment—including your costs or benefits that have been from designating any particular area as personal identifying information—may inadvertently overlooked. revised critical habitat, since it is our be made publicly available at any time. (7) Information on whether the draft intent to include the incremental costs While you can ask us in your comment economic analysis makes appropriate attributed to the revised critical habitat to withhold your personal identifying assumptions regarding current practices designation in the final economic information from public review, we and likely regulatory changes imposed analysis. cannot guarantee that we will be able to as a result of the designation of critical (15) Whether we could improve or do so. habitat. modify our approach to designating Comments and materials received, as (8) Information on whether the draft critical habitat in any way to provide for well as supporting documentation used economic analysis correctly assesses the greater public participation and in preparation of the proposal to effect on regional costs associated with understanding, or to better designate revised critical habitat, will be any land use controls that may derive accommodate public concerns and available for public inspection, by from the designation of critical habitat. comments. appointment during normal business (9) Information on areas that could The Secretary shall designate critical hours, at the Ventura Fish and Wildlife potentially be disproportionately habitat on the basis of the best scientific Office (see ADDRESSES). Copies of the impacted by designation of critical data available and after taking into proposed critical habitat rule and the habitat for Chorizanthe pungens var. consideration the economic impact, the draft economic analysis are available on pungens. The draft economic analysis impact on national security, and any the Internet at: http://www.fws.gov/ indicates the potential economic effects other relevant impact of specifying any ventura/. You may also obtain copies of of undertaking conservation efforts for particular area as critical habitat. An the proposed revised critical habitat rule this species in particular areas within area may be excluded from critical and the draft economic analysis by Monterey and Santa Cruz counties. habitat if it is determined that the contacting the Ventura Fish and Based on this information, we may benefits of such exclusion outweigh the Wildlife Office (see ADDRESSES), or by consider excluding portions of these benefits of including a particular area as calling 805–644–1766 extension 301. areas from the final designation per our critical habitat, unless the failure to discretion under section 4(b)(2) of the designate such area as critical habitat Background Act. will result in the extinction of the Pursuant to the terms of a March 2006 (10) Any foreseeable economic, species. settlement agreement, we agreed to national security, or other potential Comments and information submitted submit for publication in the Federal impacts resulting from the proposed during the initial comment period on Register a proposed revised critical revised designation and, in particular, the December 14, 2006, proposed rule habitat designation for Chorizanthe any impacts on small entities, and the (71 FR 75189) need not be resubmitted pungens var. pungens on or before benefits of including or excluding areas as they will be incorporated into the December 7, 2006. We published a that exhibit these impacts; the reasons public record as part of this comment proposed rule to designate revised why our conclusion that the proposed period and will be fully considered in critical habitat for C. p. var. pungens on revised designation of critical habitat preparation of the final rule. If you wish December 14, 2006 (71 FR 75189). The would not result in a disproportionate to comment, you may submit your proposed revised critical habitat totals effect on small businesses should or comments and materials concerning the approximately 11,032 acres (ac) (4,466 should not warrant further draft economic analysis and the hectares (ha)) for C. p. var. pungens in consideration; and other information proposed rule by any one of several Monterey and Santa Cruz Counties, that would indicate that the designation methods (see ADDRESSES). Our final California. of revised critical habitat would or designation of critical habitat will take Critical habitat is defined in section 3 would not have any impacts on small into consideration all comments and of the Act as the specific areas within entities. any additional information we receive the geographical area occupied by a (11) Information on whether the draft during both comment periods. On the species, at the time it is listed in economic analysis appropriately basis of public comment on the draft accordance with the Act, on which are

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found those physical or biological overspray of pesticides from agricultural economic opportunities associated with features essential to the conservation of operations; (4) munitions clean-up restrictions on land use). the species and that may require special methods on former military ranges that The draft analysis also addresses how management considerations or remove and chip all standing vegetation; potential economic impacts are likely to protection, and specific areas outside (5) expansion of unregulated vehicle be distributed, including an assessment the geographical area occupied by a parking on the sand dunes; and (6) of any local or regional impacts of species at the time it is listed, upon a vegetation clearing associated with road habitat conservation and the potential determination that such areas are and trail maintenance. With regard to effects of conservation activities on essential for the conservation of the the removal and control of invasive, small entities and the energy industry. species. If the proposed rule is made nonnative plant species, as well as This information can be used by final, section 7 of the Act will prohibit recreational activities management, we decision-makers to assess whether the destruction or adverse modification of acknowledge that most or all of these effects of the designation might unduly critical habitat by any activity funded, activities identified have been, and will burden a particular group or economic authorized, or carried out by any continue to be, directed at the sector. Finally, the draft analysis looks Federal agency. Federal agencies protection of several sensitive species, retrospectively at costs that have been proposing actions affecting areas including C. p. var. pungens. Therefore, incurred since the date Chorizanthe designated as critical habitat must in the draft economic analysis, the pungens var. pungens was listed as consult with us on the effects of their attribution of such costs solely to C. p. threatened (February 4, 1994; 59 FR proposed actions, in accordance with var. pungens likely overstates the 5499) and considers those costs that section 7(a)(2) of the Act. economic impact of the critical habitat may occur in the 20 years following a Draft Economic Analysis designation. designation of critical habitat. Forecasts The draft economic analysis estimates of economic conditions and other Section 4(b)(2) of the Act requires that pre-designation costs associated with factors beyond this point would be we designate or revise critical habitat the conservation of the species to be speculative. based upon the best scientific and approximately $5.2 million commercial data available, after taking As stated earlier, we solicit data and (undiscounted). Discounted costs are into consideration the economic impact, comments from the public on the draft estimated to be approximately $6.2 impact on national security, or any economic analysis, as well as on all million at a 3 percent discount rate or other relevant impact of specifying any aspects of the proposal. We may revise particular area as critical habitat. Based approximately $7.9 million at a 7 the proposal, or its supporting on the December 14, 2006, proposed percent discount rate. The draft documents, to incorporate or address rule to designate critical habitat for economic analysis estimates post- new information received during the Chorizanthe pungens var. pungens (71 designation costs associated with comment period. In particular, we may FR 75189), we have prepared a draft conservation efforts for Chorizanthe exclude an area from critical habitat if economic analysis of the proposed pungens var. pungens to be we determine that the benefits of revised critical habitat designation for C. approximately $17 million excluding the area outweigh the benefits p. var. pungens. (undiscounted) over a 20-year period as of including the area as critical habitat, The draft economic analysis is a result of the proposed designation of provided such exclusion would not intended to quantify the economic revised critical habitat, including those result in the extinction of the species. costs coextensive with listing and impacts of all potential conservation Required Determinations—Amended efforts for Chorizanthe pungens var. recovery. Discounted future costs are pungens; some of these costs will likely estimated to be approximately $13 In our December 14, 2006, proposed be incurred regardless of whether million ($0.85 million annualized) at a rule (71 FR 75189), we indicated that we revised critical habitat is designated. 3 percent discount rate or would be deferring our determination of The draft economic analysis provides approximately $9.6 million ($0.85 compliance with several statutes and estimated costs of conservation-related million annualized) at a 7 percent Executive Orders until information measures that are likely to be associated discount rate. concerning potential economic impacts with future economic activities that may The draft economic analysis considers of the revised designation and potential adversely affect the habitat within the the potential economic effects of actions effects on landowners and stakeholders proposed revised boundaries over a 20- relating to the conservation of was available in the draft economic year period. It also considers past costs Chorizanthe pungens var. pungens, analysis. Those data are now available associated with conservation of the including costs associated with sections for our use in making these species from the time it was listed 4, 7, and 10 of the Act, and including determinations. In this notice we are (February 4, 1994; 59 FR 5499) until the those attributable to the designation of affirming the information contained in year the proposed revised critical revised critical habitat. It further the proposed rule concerning Executive habitat rule was published (December considers the economic effects of Order (E.O.) 13132 (Federalism); E.O. 14, 2006; 71 FR 75189). For a further protective measures taken as a result of 12988; the Paperwork Reduction Act; description of the methodology of the other Federal, State, and local laws that and the President’s memorandum of analysis, see section 1.4 (Approach to aid habitat conservation for C. p. var. April 29, 1994, ‘‘Government-to- Estimating Economic Impacts) of the pungens in areas containing features Government Relations with Native draft economic analysis. essential to the conservation of the American Tribal Governments’’ (59 FR The draft economic analysis describes species. The draft analysis considers 22951). Based on the information made economic impacts of Chorizanthe both economic efficiency and available to us in the draft economic pungens var. pungens conservation distributional effects. In the case of analysis, we are amending our Required efforts associated with the following habitat conservation, efficiency effects Determinations, as provided below, activities: (1) Removal and control of generally reflect the ‘‘opportunity costs’’ concerning E.O. 12866 and the invasive, nonnative plant species; (2) associated with the commitment of Regulatory Flexibility Act, E.O. 13211, recreational activities, including foot resources to comply with habitat E.O. 12630 (Takings), and the Unfunded traffic, and off-road vehicles; (3) protection measures (such as lost Mandates Reform Act.

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Regulatory Planning and Review approaches, where feasible, when $11.5 million in annual business, and In accordance with Executive Order promulgating a designation of critical agricultural businesses with annual 12866, this document is a significant habitat. sales less than $750,000. To determine rule because it may raise novel legal and In developing our designations of if potential economic impacts to these policy issues. Based on our draft critical habitat, we consider economic small entities are significant, we economic analysis of the proposed impacts, impacts to national security, considered the types of activities that designation of critical habitat for and other relevant impacts pursuant to might trigger regulatory impacts under Chorizanthe pungens var. pungens, section 4(b)(2) of the Act. Based on the this designation as well as types of future costs associated with discretion allowable under this project modifications that may result. In conservation efforts for C. p. var. provision, we may exclude any general, the term significant economic particular area from the designation of pungens are estimated to be impact is meant to apply to a typical critical habitat provided the benefits of approximately $17 million small business firm’s business such exclusion outweigh the benefits of (undiscounted) over a 20-year period as operations. specifying the area as critical habitat To determine if the proposed a result of the proposed designation of and that such exclusion would not designation of revised critical habitat for revised critical habitat, including those result in the extinction of the species. Chorizanthe pungens var. pungens costs coextensive with listing and As such, we believe that the evaluation would affect a substantial number of recovery. Discounted future costs are of the inclusion or exclusion of small entities, we considered the estimated to be approximately $13 particular areas, or combination thereof, number of small entities affected within million ($0.85 million annualized) at a in a designation constitutes our particular types of economic activities 3 percent discount rate or regulatory alternative analysis. (e.g., residential and commercial approximately $9.6 million ($0.85 development). We considered each Regulatory Flexibility Act (5 U.S.C. 601 million annualized) at a 7 percent industry or category individually to et seq.) discount rate. As described in the draft determine if certification is appropriate. economic analysis, four entities are Under the Regulatory Flexibility Act In estimating the numbers of small anticipated to experience the highest (5 U.S.C. 601 et seq.), as amended by the entities potentially affected, we also estimated costs. These include Small Business Regulatory Enforcement considered whether their activities have California Department of Parks and Fairness Act (5 U.S.C. 802(2)) any Federal involvement; some kinds of Recreation (CDPR), with potential (SBREFA), whenever an agency is activities are unlikely to have any economic impacts estimated at required to publish a notice of Federal involvement and so will not be approximately $10.5 million rulemaking for any proposed or final affected by the designation of critical (undiscounted) over the next 20 years; rule, it must prepare and make available habitat. Designation of critical habitat the Department of the Army (on former for public comment a regulatory only affects activities conducted, Fort Ord), with potential economic flexibility analysis that describes the funded, permitted, or authorized by impacts estimated at approximately $3.5 effect of the rule on small entities (i.e., Federal agencies; non-Federal activities million (undiscounted) over the next 20 small businesses, small organizations, are not affected by the designation. years; the University of California (on and small government jurisdictions). If the proposed revised critical habitat former Fort Ord), with potential However, no regulatory flexibility designation is made final, Federal economic impacts estimated at analysis is required if the head of an agencies must consult with us under approximately $1.5 million agency certifies the rule will not have a section 7 of the Act if their activities (undiscounted) over the next 20 years; significant economic impact on a may affect designated critical habitat. and the Bureau of Land Management substantial number of small entities. Consultations to avoid the destruction (BLM), with potential economic impacts Based upon our draft economic analysis or adverse modification of critical estimated at approximately $0.83 of the proposed designation, we provide habitat would be incorporated into the million (undiscounted) over the next 20 our analysis for determining whether existing consultation process. years. Therefore, based on our draft the proposed rule would result in a In our draft economic analysis of the economic analysis, we have determined significant economic impact on a proposed revised critical habitat that the proposed designation of revised substantial number of small entities. designation, we evaluate the potential critical habitat for C. p. var. pungens Based on comments received, this economic effects on small business will not result in an annual effect on the determination is subject to revision as entities resulting from conservation economy of $100 million or more or part of the final rulemaking. actions related to the listing of affect the economy in a material way. According to the Small Business Chorizanthe pungens var. pungens and Due to the timeline for publication in Administration (SBA), small entities proposed designation of revised critical the Federal Register, the Office of include small organizations, such as habitat. We determined from our draft Management and Budget (OMB) did not independent nonprofit organizations; analysis that the small business entities formally review the proposed rule. small governmental jurisdictions, that could potentially be affected Further, Executive Order 12866 including school boards and city and include one city government (City of directs Federal Agencies promulgating town governments that serve fewer than Pacific Grove), and one private farm. regulations to evaluate regulatory 50,000 residents; and small businesses However, costs were not associated with alternatives (Office of Management and (13 CFR 121.201). Small businesses the City of Pacific Grove or the private Budget, Circular A–4, September 17, include manufacturing and mining farm because of the small likelihood 2003). Pursuant to Circular A–4, once it concerns with fewer than 500 that these landowners would undertake has been determined that the Federal employees, wholesale trade entities actions to conserve the species in the regulatory action is appropriate, the with fewer than 100 employees, retail future. It is unknown at this time agency will then need to consider and service businesses with less than $5 whether a third entity, Fort Ord Reuse alternative regulatory approaches. Since million in annual sales, general and Authority (FORA), would be classified the determination of critical habitat is a heavy construction businesses with less as a small entity because the local statutory requirement under the Act, we than $27.5 million in annual business, agencies that will receive land from must evaluate alternative regulatory special trade contractors doing less than FORA are unknown because the Habitat

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Conservation Plan (HCP) that will Federal program,’’ unless the regulation 7 consultations for C. p. var. pungens provide the framework for distribution ‘‘relates to a then-existing Federal within their jurisdictional areas. Any and management of former Fort Ord program under which $500,000,000 or costs associated with this activity are lands has not been completed. more is provided annually to State, likely to represent a small portion of a Therefore, for the purpose of the draft local, and tribal governments under local government’s budget. economic analysis, FORA was not entitlement authority,’’ if the provision Consequently, we do not believe that classified as a small entity. From this would ‘‘increase the stringency of the designation of revised critical analysis, we certify that the rule will conditions of assistance’’ or ‘‘place caps habitat for the C. p. var. pungens would not, if promulgated, have a significant upon, or otherwise decrease, the Federal significantly or uniquely affect these economic impact on a substantial Government’s responsibility to provide small governmental entities. As such, a number of small entities. Therefore, an funding’’ and the State, local, or tribal Small Government Agency Plan is not initial regulatory flexibility analysis is governments ‘‘lack authority’’ to adjust required. not required. accordingly. (At the time of enactment, these entitlement programs were: Executive Order 12630—Takings Executive Order 13211—Energy Supply, Medicaid; Aid to Families with In accordance with Executive Order Distribution, and Use Dependent Children work programs; 12630 (‘‘Government Actions and On May 18, 2001, the President issued Child Nutrition; Food Stamps; Social Interference with Constitutionally Executive Order 13211 on regulations Services Block Grants; Vocational Protected Private Property Rights’’), we that significantly affect energy supply, Rehabilitation State Grants; Foster Care, have analyzed the potential takings distribution, and use. E.O. 13211 Adoption Assistance, and Independent implications of proposing revised requires agencies to prepare Statements Living; Family Support Welfare critical habitat for Chorizanthe pungens of Energy Effects when undertaking Services; and Child Support var. pungens. Critical habitat certain actions. One critical habitat unit Enforcement.) ‘‘Federal private sector designation does not affect landowner (Prunedale, Unit 7) contains 17 ac (7 ha) mandate’’ includes a regulation that actions that do not require Federal of land held in a conservation easement ‘‘would impose an enforceable duty funding or permits, nor does it preclude owned by Pacific Gas and Electric upon the private sector, except (i) a development of habitat conservation Company. Pacific Gas and Electric condition of Federal assistance; or (ii) a programs or issuance of incidental take Company maintains power lines that duty arising from participation in a permits to permit actions that do require cross this unit; however, because the voluntary Federal program.’’ Federal funding or permits to go company does not plan to develop this The designation of critical habitat forward. The takings implications land any further, the designation of does not impose a legally binding duty assessment concludes that this proposed revised critical habitat is not expected to on non-Federal government entities or designation of revised critical habitat for have an adverse effect on energy private parties. Under the Act, the only C. p. var. pungens does not pose production. Although the proposed regulatory effect is that Federal agencies significant takings implications. designation of revised critical habitat for must ensure that their actions do not Chorizanthe pungens var. pungens is destroy or adversely modify critical Authors considered a significant regulatory habitat under section 7. Non-Federal The primary authors of this notice are action under E.O. 12866 because it may entities that receive Federal funding, the staff of the Ventura Fish and raise novel legal and policy issues, it is assistance, permits, or otherwise require Wildlife Office. not expected to significantly affect approval or authorization from a Federal energy supplies, distribution, or use. agency for an action, may be indirectly Authority Therefore, this action is not a significant impacted by the designation of critical The authority for this action is the energy action, and no Statement of habitat. However, the legally binding Endangered Species Act of 1973, as Energy Effects is required. duty to avoid destruction or adverse amended (16 U.S.C. 1531 et seq.). modification of critical habitat rests Unfunded Mandates Reform Act (2 Dated: October 5, 2007. squarely on the Federal agency. U.S.C. 1501 et seq.) Furthermore, to the extent that non- David M. Verhey, In accordance with the Unfunded Federal entities are indirectly impacted Acting Assistant Secretary for Fish and Mandates Reform Act (2 U.S.C. 1501 et because they receive Federal assistance Wildlife and Parks. seq.), the Service makes the following or participate in a voluntary Federal aid [FR Doc. E7–20241 Filed 10–15–07; 8:45 am] findings: program, the Unfunded Mandates BILLING CODE 4310–55–P (a) This rule would not produce a Reform Act would not apply; nor would Federal mandate. In general, a Federal critical habitat shift the costs of the large mandate is a provision in legislation, entitlement programs listed above on to DEPARTMENT OF COMMERCE statute, or regulation that would impose State governments. an enforceable duty upon State, local, or (b) As discussed in the draft economic National Oceanic and Atmospheric tribal governments, or the private sector, analysis of the proposed designation of Administration and includes both ‘‘Federal revised critical habitat for Chorizanthe intergovernmental mandates’’ and pungens var. pungens, there is expected 50 CFR Part 648 ‘‘Federal private sector mandates.’’ to be no impact on small governments These terms are defined in 2 U.S.C. or small entities. There is no record of [Docket No. 070809451–7452–01] 658(5)–(7). ‘‘Federal intergovernmental consultations between the Service and RIN 0648–AV79 mandate’’ includes a regulation that any of these governments since C. p. ‘‘would impose an enforceable duty var. pungens was listed as threatened on Fisheries of the Northeastern United upon State, local, or tribal February 4, 1994 (59 FR 5499). It is States; Northeast Multispecies governments,’’ with two exceptions. It likely that small governments involved Fishery; Framework Adjustment 42 excludes ‘‘a condition of federal with developments and infrastructure assistance.’’ It also excludes ‘‘a duty projects would be interested parties or AGENCY: National Marine Fisheries arising from participation in a voluntary involved with projects involving section Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), supplemental environmental impact order in which they appear in the Commerce. statements (SEIS) prepared for regulations. Amendments 5 and 13 may be obtained ACTION: Proposed rule; request for Proposed Measures comments. from Paul J. Howard, Executive Director, New England Fishery Management 1. Definitions for Lessor, Lessee, SUMMARY: The current regulations Council, 50 Water Street, Mill 2, Transferor, and Tranferee governing the Northeast (NE) Newburyport, MA 01950. The April 27, 2004, final rule multispecies fishery contain a number Written comments regarding the implementing measures approved under of inadvertent errors, omissions, and burden-hour estimates or other aspects Amendment 13 (69 FR 22906) created ambiguities, including some that may of the collection-of-information two programs designed to allow vessels appear to be inconsistent with the requirements contained in this proposed to obtain additional NE multispecies measures adopted by the New England rule may be submitted to David Rostker, days-at-sea (DAS) in order to offset the Fishery Management Council (Council) Office of Management and Budget economic impacts of effort reductions and approved by the Secretary of (OMB), by e-mail to under that action. These programs, the Commerce (Secretary) in recent actions [email protected], or fax to DAS Leasing and DAS Transfer taken under the NE Multispecies (202) 395–7285. Programs, include provisions that Fisheries Management Plan (FMP), specifically apply to either the vessel including Amendment 5, Framework FOR FURTHER INFORMATION CONTACT: giving or receiving DAS. While the Adjustment (FW) 38, Amendment 13, Douglas W. Christel, Fishery Policy regulations refer to these vessels as the FW 40–A, FW 41, and FW 42. The Analyst, phone (978) 281–9141, fax ‘‘lessor/transferor’’ and ‘‘lessee/ intent of this action is to correct these (978) 281–9135. transferee’’ for both of these programs, errors and omissions and to clarify SUPPLEMENTARY INFORMATION: respectively, the Amendment 13 final specific regulations to ensure rule never explicitly defined these consistency with, and accurately reflect Background terms. As a result, this rule would the intent of, previous actions under The most recent management action define each of these terms at 50 CFR this FMP. in the NE multispecies fishery, FW 42, 648.2 to clarify the applicability of DATES: Written comments must be was implemented by a final rule that specific provisions for each of these received on or before October 31, 2007. published in the Federal Register on programs. ADDRESSES: You may submit comments, October 23, 2006 (71 FR 62156) and identified by 0648–AV79, by any one of became effective on November 22, 2006. 2. Vessel Monitoring System (VMS) the following methods: FW 42 superseded measures Notification Requirements • Electronic Submissions: Submit all implemented by an emergency final rule Currently, vessels issued limited electronic public comments via the that published on April 13, 2006 (71 FR access permits in several fisheries are Federal e-Rulemaking Portal: http:/ 19348) that was implemented because of either required to use VMS, or may elect www.regulations.gov. a delay in the development of FW 42. to use VMS in lieu of using the DAS • Mail: Paper, disk, or CD-ROM However, upon further review of call-in system. The final rule comments should be sent to Patricia A. regulations implemented by the FW 42 implementing FW 42 required all NE Kurkul, Regional Administrator, final rule, NMFS found that the current multispecies vessels fishing under a NE National Marine Fisheries Service, One regulations contained several multispecies DAS to use VMS and Blackburn Drive, Gloucester, MA 01930. inadvertent errors, omissions, and indicated that such vessels would be Mark the outside of the envelope, ambiguities that appear to be sent letters detailing the procedures ‘‘Comments on the Proposed Rule to inconsistent with the measures adopted pertaining to VMS purchase, Correct/Modify NE Multispecies by the Council and approved by the installation, and use. However, the Regulations.’’ Secretary. Some of the errors were due current regulations do not specifically • Fax: (978) 281–9135. to failure of the current regulations to address what procedures other vessels Instructions: All comments received adapt or reinstate measures that were using VMS should follow. are a part of the public record and will included or modified by the April 13, Because the NMFS VMS and DAS generally be posted to http:// 2006, emergency final rule. Other errors systems use the VMS activity code www.regulations.gov without change. were the result of incorrect references or declared by the vessel operator to All Personal Identifying Information (for a failure to adequately address enforce existing area-based regulations example, name, address, etc.) administrative issues associated with and accurately charge DAS based upon voluntarily submitted by the commenter specific measures. Further review of the where the vessel fishes, what gear the may be publically accessible. Do not current regulations revealed that there vessel uses, the DAS type used, and the submit Confidential Business were other errors related to previous management program in which the Information or otherwise sensitive or management actions under the FMP, vessel is participating, it is critical that protected information. including Amendments 5 and 13, FW the VMS activity code declared on each NMFS will accept anonymous 40–A, FW 41, and FW 38, as specified trip accurately reflects the vessel’s comments. Attachments to electronic below. Pursuant to section 305(d) of the intended operations. If the VMS activity comments will be accepted in Microsoft Magnuson-Stevens Fishery code is incorrect, for example, DAS Word, Excel, WordPerfect, or Adobe Conservation and Management Act could be inaccurately charged and a PDF file formats only. (Magnuson-Stevens Act), this action vessel may be subject to enforcement Copies of the Regulatory Impact proposes to correct these errors, revise action, increasing the burden on both Review (RIR) prepared for this action specific measures to facilitate vessel operators and NMFS for are available upon request from the administration of such measures, and inaccurate VMS declarations. Although Regional Administrator at the above clarify or modify the current regulations the current regulations do not address. Copies of the environmental to maintain consistency with FW 42 and specifically detail how and when a assessments (EAs) prepared for FW 42, other previous actions. The following vessel should declare its intended FW 41, FW 40–A, and FW 38; and the proposed corrections are listed in the fishing activity via VMS for all fisheries,

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NMFS believes it is essential that all management measures, including revised the introductory text of the DAS vessels using VMS must declare their revising trip limits, access to specific Leasing Program regulations at intended activity through VMS prior to areas, and gear requirements. In-season § 648.82(k)(3). However, through an each trip to ensure that the VMS activity actions are implemented through a oversight in the regulatory text for that code declared accurately represents the temporary rule, with requirements rule, the regulations at § 648.82(k)(3)(i) vessel’s intended activity for that trip. outlined in letters sent to affected through (iii) were inadvertently NMFS has recently sent letters to all permit holders. Despite the authority to removed. These regulations include the affected permit holders instructing implement such in-season actions, there DAS Leasing Program application vessel operators on the proper use of is no specific prohibition regarding the requirements and the authority of the VMS, including a letter on March 7, provisions of an in-season action. Regional Administrator to approve or 2007, that required vessel operators to Therefore, this action would implement disapprove DAS leasing applications. declare a VMS activity code prior to a provision at § 648.14(a)(78) These provisions are necessary to each trip. prohibiting vessels from violating the effectively administer the DAS Leasing The FW 42 final rule modified the requirements of an in-season action. Program. Therefore, this action would regulations at § 648.10(b)(2) to state that reinsert the provisions at 5. Georges Bank (GB) Seasonal Closure NMFS shall send letters to all limited § 648.82(k)(3)(i) through (iii) that were Area Applicability access NE multispecies DAS permit inadvertently removed. holders providing detailed information The GB Seasonal Closure Area was on the procedures pertaining to VMS first implemented by the final rule 7. VMS Positional Polling Rates for U.S./ usage. Because the current regulations implementing measures approved under Canada Management Area do not specifically describe the FW 33 to the FMP (April 24, 2000; 65 For vessels required to use VMS, the procedures pertaining to VMS usage in FR 21658). This closure applies to any current regulations specify the other fisheries, this action would vessel fishing with gear capable of minimum VMS positional polling rate. modify the VMS notification catching groundfish and is effective Vessels are responsible for paying for requirements at § 648.10(b)(2) to specify from May 1 through May 31 of each such VMS positional polls. When the that NMFS would send letters fishing year. On November 19, 2004, the Council adopted measures to include in specifying the procedures pertaining to final rule implementing FW 40–A (69 Amendment 13, the Council did not VMS purchase, installation, and use to FR 67780) established the Eastern U.S./ specify a particular VMS positional all affected permit holders. Thus, this Canada Haddock Special Access polling rate that vessels would be action would clarify that vessels Program (SAP). This SAP allows vessels responsible for paying for while fishing required, or electing to use VMS are to target haddock using Category B DAS in the U.S./Canada Management Area. subject to the VMS usage requirements from May 1 through December 31 of However, the Amendment 13 final rule outlined in any previous and future each fishing year. The SAP area indicated that a vessel participating in permit holder letters. In addition, this includes portions of the GB Seasonal the U.S./Canada Management Area action would specify at § 648.10(b)(5) Closure Area during the period of the would be subject to a minimum VMS that vessels using VMS must declare the closure. When the Council developed position polling rate of two polls per vessel’s intended fishing activity via this SAP, it intended to exempt these hour at the vessel’s expense. NMFS, VMS prior to leaving port before each SAP participants from the GB Seasonal under the authority provided in section fishing trip. Closure Area. However, the regulations 305(d) of the Magnuson-Stevens Act, implementing FW 40–A did not exempt included this increased polling rate 3. Gulf of Maine (GOM) Grate Raised such participating vessels from this with the intent to facilitate and enhance Footrope Trawl Exempted Whiting closure. As a result, a final rule the enforcement of area-specific Fishery Prohibitions corrected this oversight and exempted management provisions. While NMFS The GOM Grate Raised Footrope vessels participating in the Eastern U.S./ can request a vendor to temporarily Trawl Exempted Whiting Fishery was Canada Area Haddock SAP from the GB increase the VMS positional polling rate implemented through a July 9, 2003, Seasonal Closure Area (December 27, on individual vessels in any fishery at final rule (68 FR 40808). However, this 2005; 70 FR 76422). Both the April 13, the Agency’s expense to facilitate final rule did not update the 2006, emergency rule and the FW 42 enforcement operations, to date, NMFS prohibitions at § 648.14(a)(35) and (43) final rule adjusted the start date of the has not imposed the higher VMS to include this new exempted fishery. Eastern U.S./Canada Haddock SAP from positional polling rate on individual NE The prohibition at § 648.14(a)(35) May 1 to August 1 of each fishing year. multispecies trips into the U.S./Canada prohibits the use of small mesh outside As a result, an exemption from the GB Management Area, which would be at a of listed exempted fisheries, while the Seasonal Closure Area is no longer participating vessel’s expense, due to prohibition at § 648.14(a)(43) indicates necessary for vessels participating in technical limitations. that it is unlawful for anyone to violate that SAP. Therefore, this action would Since implementing this requirement the provisions of listed exempted remove the exemption at for vessels to pay for an increased fisheries. This action would add a § 648.81(g)(2)(iv). polling frequency, NMFS has reference to the GOM Grate Raised determined that such a measure should 6. DAS Leasing Program Application Footrope Trawl Exempted Whiting originate with the Council, similar to Requirements Fishery at § 648.80(a)(16) to these the way the Council adopted the prohibitions. The final rule implementing requirement for vessels to pay for a Amendment 13 established the DAS polling rate of two VMS positional polls 4. In-season Action Prohibition Leasing Program. This program allows per hour for vessels participating in the Starting with the implementation of vessels to temporarily exchange Atlantic sea scallop fishery. The VMS Amendment 13 in 2004, the FMP has Category A DAS on a yearly basis, positional polling rate for which all developed several Special Management provided participating vessels submit an other vessels using VMS are required to Programs that provide the Regional application to lease DAS and the pay for is one positional poll per hour. Administrator with the authority to Regional Administrator approves the Because the Council did not specifically implement in-season adjustments to lease request. The FW 42 final rule recommend that NE multispecies

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vessels must pay for a higher VMS Council in FW 42. However, both the size provisions. The SEIS only provides polling rate while fishing in the U.S./ FW 42 proposed and final rules one exception to this requirement, Canada Management Area, NMFS has inadvertently included the lower white allowing commercial vessels to retain decided to remove the increased VMS hake trip limit included in the original up to 25 lb (11.3 kg) of fillets of legal- positional polling rate applicable to NE emergency final rule. Therefore, this sized fish for personal consumption. multispecies vessels. Therefore, this action would correct the white hake trip While not explicitly indicated, the action would remove references to an limit found at § 648.86(e) to accurately intent of the skin-on provision applies increased VMS positional polling rate reflect the white hake trip limit adopted to groundfish caught by any vessel— for vessels participating in the U.S./ by the Council in FW 42. commercial, charter/party, or private Canada Management Area from the recreational vessel. 10. Approval of Sector Applications regulations at §§ 648.9(c)(1)(ii), The regulations implemented by the 648.10(b)(2)(iii), and 648.85(a)(3)(i). The procedure to review and approve Amendment 5 final rule clearly outline sector allocations was first established the minimum fish size provisions for 8. Haddock Total Allowable Catch through the Amendment 13 final rule. commercial vessels at § 648.83, (TAC) in the Closed Area (CA) I Hook Although the SEIS prepared to support including the skin-on provision in Gear Haddock SAP Amendment 13 did not specifically paragraph (a)(2) of that section. The CA I Hook Gear Haddock SAP direct NMFS to publish a proposed rule However, the recreational minimum fish was first implemented by the FW 40–A when reviewing sector applications and size requirements at § 648.89 do not final rule, but was later modified by the operations plans, the Amendment 13 specifically include the skin-on rule implementing measures approved final rule included language that provision. Because the charter/party under FW 41 to the FMP (September 14, required NMFS to seek public comment regulations at § 648.89 do not 2005; 70 FR 54302). The FW 41 final on proposed sector operations plans specifically indicate that the skin-on rule split the SAP into two seasons (one through the publication of a proposed provisions applies to such vessels, this season for vessels participating in an rule in the Federal Register. The action would add the skin-on provision approved Sector and another season for Administrative Procedure Act (APA) outlined at § 648.83(a)(2) at non-Sector vessels), with the haddock allows agencies to waive the § 648.89(b)(4). TAC distributed accordingly. The FW requirement to publish a proposed rule 42 final rule further modified the and to provide for public comment in 12. Additional Corrections manner in which the haddock TAC for limited circumstances. However, In addition to the changes specified this SAP is calculated, but did not because the current regulations require above, the following changes to the revise the season or the distribution of NMFS to develop a proposed rule for regulations as amended by the final rule the haddock TAC. The regulations each sector, NMFS must publish a implementing FW 42 are proposed to implemented by the FW 42 final rule proposed rule for sectors and does not correct inaccurate references and to included revisions to the manner in have the ability to take advantage of the further clarify the intent of FW 42 and which the haddock TAC is calculated, provision in the APA that allows the previous actions. The changes listed but inadvertently omitted the provisions Assistant Administrator to waive below are in the order in which they that distributed the haddock TAC proposed rulemaking should appear in the regulations. among the two seasons, including the circumstances allow. Based upon the In § 648.4(c)(2)(iii)(A), the reference to authority of the Regional Administrator existing procedures and associated time the annual designation as either a Day to adjust the quota to each season to lines, the requirement to develop a or Trip gillnet vessel at ‘‘§ 648.82(k)’’ account for under- or over-harvest of the proposed rule may be too inflexible and would be corrected to read ‘‘§ 648.82(j).’’ haddock TAC during the first season of can unnecessarily delay the start of In § 648.14, the reference to the SAP. Accordingly, the current proposed sector operations beyond the ‘‘§ 648.81(d)’’ in paragraph (a)(38) regulations do not accurately reflect the start of the fishing year on May 1. This would be corrected to reference the provisions adopted by the Council and can create unnecessary adverse transiting provision at § 648.81(i); the implemented under the FW 41 final economic and social impacts for sector reference to ‘‘§ 648.81(b)(2)(i)’’ in rule. These provisions are necessary to participants, especially if the sector paragraph (a)(39) would be corrected to administer this SAP effectively. operations plans do not change between reference the transiting provision at Therefore, this action would revise the fishing years. Therefore, this action § 648.81(i); the reference to regulations at § 648.85(b)(7)(iv)(F) to would revise the existing sector ‘‘§ 648.51(a)(2)(ii) and (e)(2)’’ in reinsert the FW 41 provisions that were approval regulations at § 648.87(c)(1) paragraph (a)(53) would be corrected to inadvertently removed. and (2) by removing the requirement to reference the gear stowage provisions at develop a proposed rule, but indicating § 648.23(b); the reference to 9. White Hake Trip Limits that sectors would be approved ‘‘§ 648.85(b)(6)’’ in paragraph (a)(153) Early in the development of FW 42, consistent with applicable law. would be corrected to read the Council considered adopting a 500– ‘‘§ 648.85(b)(4);’’ the reference to lb (226.8–kg) per DAS, up to 5,000–lb 11. Recreational Fish Size Restrictions ‘‘§ 648.86(g)(1)(i) or (g)(2)(i)’’ in (2,268–kg) per trip, limit for white hake. Although minimum fish size paragraph (b)(3) would be revised to In order to implement the trip limits as restrictions have been implemented read ‘‘§ 648.86(g)(1),’’ as § 648.86(g)(1)(i) soon as possible while FW 42 was still since the initial development of the and (g)(2) expired when the April 13, being developed, NMFS implemented FMP, the final rule implementing 2006, emergency rule (71 FR 19348) was an emergency rule establishing these measures approved under Amendment superceded by the FW 42 final rule; the trip limits. Subsequently, the Council 5 (March 1, 1994; 59 FR 9872) specified reference to ‘‘§ 648.86(g)(1)(i) or adopted a white hake trip limit of 1,000 that the minimum fish sizes also apply (g)(2)(i)’’ and ‘‘§ 648.81(g)(1)(ii) and lb (453.6 kg) per DAS, up to 10,000 lb to any fish or part of a fish, including (g)(2)(ii)’’ in paragraph (b)(4) would be (4,536 kg) per trip in FW 42. The fillets. The Amendment 5 SEIS indicates corrected to read ‘‘§ 648.86(g)(1),’’ as emergency rule was modified on April that fish or fish parts must have the skin § 648.86(g)(1)(i) and (g)(2) expired when 28, 2006 (71 FR 25094) to reflect the on for the purposes of identification to the April 13, 2006, emergency rule was white hake trip limit adopted by the facilitate enforcement of the minimum superceded by the FW 42 final rule; the

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reference to ‘‘§ 648.86(b)(1)(i)’’ in proposed rule, if adopted, would not 9. Sector allocation proposal, OMB # paragraph (c)(24) would be corrected to have a significant economic impact on 0648–0202, (50 hr/response); and read ‘‘§ 648.86(b)(1);’’ and the reference a substantial number of small entities. 10. Sector operations plan to ‘‘§ 648.86(b)(2)(ii) or (iii)’’ in The factual basis for this determination submission, OMB # 0648–0202, (50 hr/ paragraph (c)(26) would be corrected to is as follows: response). read ‘‘§ 648.86(b)(2).’’ The proposed allocation would correct/ These estimates include the time for In § 648.80(b)(2)(vi), the reference to clarify the existing regulations to ensure that reviewing instructions, searching ‘‘(a)(11)(i)(A) and (B)’’ in the the current regulations accurately reflect existing data sources, gathering and introductory text would be corrected to measures adopted by the New England maintaining the data needed, and read ‘‘(b)(11)(i)(A) and (B).’’ Fishery Management Council and approved completing and reviewing the collection In § 648.82(e)(1), the reference to by the Secretary of Commerce. This action would ensure that the economic impacts of information. This action would not ‘‘§ 648.10(c)(5)’’ would be corrected to analyzed in previous actions would be create new information collections or read ‘‘§ 648.10.’’ realized, but would not impose any modify the response time associated In § 648.85, the reference to additional economic impacts on affected with any of the information collection ‘‘§ 648.94(b)(7)’’ in paragraph entities. The proposed action would not referenced above. Instead, this action (b)(6)(iv)(D) would be revised to read significantly reduce profit for affected would revise the regulations underlying ‘‘§ 648.94(b)(3),’’ as § 648.94(b)(7) vessels, as the proposed measures are either these information collections to correct expired when the April 13, 2006, administrative in nature and would not affect inadvertent errors, omissions, and emergency rule was superceded by the vessel operations, or would have no ambiguities in the current regulations, FW 42 final rule; and the references to economic impact beyond that previously analyzed. For example, FW 42 indicated that as described in the preamble. Send ‘‘§ 648.85(b)(7)(iv)(G)’’ in paragraph declarations of a vessel’s intended activity comments regarding this burden (b)(7)(iii), (b)(7)(v)(D), and (b)(7)(vi)(D) via VMS prior to each trip would cost estimate, or any other aspect of this data would be corrected to read groundfish vessels approximately $0.50 per collection, including suggestions for ‘‘§ 648.85(b)(7)(iv)(F),’’ as declaration, or about $15,000 per year. In reducing the burden, to NMFS (see § 648.85(b)(7)(iv)(G) expired when the addition, Amendment 13 indicated that the ADDRESSES) and by e-mail to April 13, 2006, emergency rule was U.S./Canada Management Area gear [email protected], or fax to superceded by the FW 42 final rule. In requirements would cost participating (202) 395–7285. addition, reference to specific stock vessels $7,500 for a modified flounder net, or Notwithstanding any other provision areas at § 648.85(b)(6)(v) would be $747 to comply with the haddock separator trawl requirement. This action would simply of the law, no person is required to added to § 648.85(b)(6)(iv)(D) to clarify clarify or reinstate such requirements, respond to, and no person shall be that the landing limits specified in this respectively, but would not increase costs subject to penalty for failure to comply paragraph apply to particular stock associated with these measures. Other with, a collection of information subject areas. Further, reference to § 648.10 measures corrected or clarified by this action to the requirements of the PRA, unless would be inserted at would ensure that unnecessary costs, such as that collection of information displays a § 648.85(b)(7)(iv)(A) to clarify how DAS the costs for higher VMS positional polling currently valid OMB Control Number. would be counted in the Closed Area I rates, are eliminated or that vessels would be Hook Gear Haddock SAP. Finally, able to fully realize the economic benefits of List of Subjects in 50 CFR Part 648 § 648.85(b)(7)(vi)(G) through (I) would special management programs by correctly Fisheries, Fishing, Recordkeeping and distributing the available haddock resources reporting. be removed, as these paragraphs were in the Closed Area I Hook Gear Haddock included in the April 13, 2006, SAP. Dated: October 11, 2007. emergency rule and expired when that As a result, an initial regulatory Samuel D. Rauch III, rule was superceded by the FW 42 final flexibility analysis is not required and Deputy Assistant Administrator For rule. none has been prepared. Regulatory Programs, National Marine In § 648.86(i), the references to This proposed rule contains a number Fisheries Service. ‘‘§ 648.85(a)(3)(iv)’’ and of collection-of-information For the reasons stated in the ‘‘§ 648.85(a)(6)(iv)(D)’’ would be requirements subject to the Paperwork preamble, 50 CFR part 648 is proposed corrected to read ‘‘§ 648.85.’’ Reduction Act (PRA) which have been to be amended as follows: In § 648.92, paragraph (b)(2)(iii) approved by OMB as follows: would be deleted, as this repeats the 1. VMS purchase and installation, PART 648—FISHERIES OF THE regulations at § 648.92(b)(2)(ii) and is OMB # 0648–0202, (1 hr/response); NORTHEASTERN UNITED STATES not necessary. 2. VMS proof of installation, OMB # 1. The authority citation for part 648 Classification 0648–0202, (1 hr/response); 3. Automated VMS polling of vessel continues to read as follows: Pursuant to sections 304 (b)(1)(A) and position, OMB # 0648–0202, (5 sec/ Authority: 16 U.S.C. 1801 et seq. 305(d) of the Magnuson-Stevens Act, the response); 2. In § 648.2, definitions for ‘‘lessee,’’ Assistant Administrator for fisheries, 4. Area and DAS declarations via ‘‘lessor,’’ ‘‘transferee,’’ and ‘‘transferor’’ NOAA, has determined that this VMS, OMB # 0648–0549 (5 min/ are added, in alphabetical order, to read proposed rule is consistent with the NE response); as follows: Multispecies FMP, other provisions of 5. Standardized catch reporting the Magnuson-Stevens Act, and other requirements, OMB # 0648–0212 (15 § 648.2 Definitions. applicable law, subject to further min/response); * * * * * consideration after public comment. 6. Sector manager daily reports for CA Lessee means a vessel owner who This proposed rule has been I Hook Gear Haddock SAP, OMB # receives temporarily transferred NE determined to be not significant for 0648–0212, (2 hr/response); multispecies DAS from another vessel purposes of Executive Order 12866. 7. DAS Leasing Program application, through the DAS Leasing Program The Chief Counsel for Regulation of OMB # 0648–0202, (5 min/response); specified at § 648.82(k). the Department of Commerce certified 8. Annual declaration to participate in Lessor means a vessel owner who to the Chief Counsel for Advocacy of the the CA I Hook Gear Haddock SAP, OMB temporarily transfers NE multispecies Small Business Administration that this # 0648–0202, (2 min/response); DAS to another vessel through the DAS

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Leasing Program specified at permit as specified in paragraph owner or authorized representative of a § 648.82(k). (b)(1)(vi) of this section, must provide vessel that is required to use VMS, as * * * * * documentation to the Regional specified in paragraph (b)(1) of this Transferee means a vessel owner who Administrator at the time of application section, must notify the Regional receives permanently transferred NE for a limited access permit that the Administrator of the vessel’s intended multispecies DAS and potentially other vessel has an operational VMS unit fishing activity by entering the permits from another vessel through the installed on board that meets the appropriate VMS code prior to leaving DAS Transfer Program specified at minimum performance criteria, unless port at the start of each fishing trip. § 648.82(l). otherwise allowed under this paragraph Notification of a vessel’s intended Transferor means a vessel owner who (b). If a vessel has already been issued fishing activity includes, but is not permanently transfers NE multispecies a limited access permit without the limited to, gear and DAS type to be DAS and potentially other permits to owner providing such documentation, used; area to be fished; and whether the another vessel through the DAS Transfer the Regional Administrator shall allow vessel will be declared out of the DAS Program specified at § 648.82(l). at least 30 days for the vessel to install fishery, or will participate in the NE * * * * * an operational VMS unit that meets the multispecies and monkfish DAS 3. In § 648.4, paragraph (c)(2)(iii)(A) is criteria and for the owner to provide fisheries, including approved special revised to read as follows: documentation of such installation to management programs. A vessel cannot the Regional Administrator. The owner change any aspect of its VMS activity § 648.4 Vessel permits. of a vessel issued a limited access NE code outside of port, except that NE * * * * * multispecies permit that fishes or multispecies vessels are authorized to (c) * * * intends to fish under a Category A or B change the category of DAS used (i.e., (2) * * * DAS as specified in paragraph (b)(1)(vi) flip its DAS), as provided at § 648.85(b), (iii) * * * of this section must provide or change the area declared to be fished (A) For vessels fishing for NE documentation to the Regional so that the vessel may fish both inside multispecies with gillnet gear, with the Administrator that the vessel has an and outside of the Eastern U.S./Canada exception of vessels fishing under the operational VMS unit installed on board Area on the same trip, as provided at Small Vessel permit category, an annual that meets those criteria prior to fishing § 648.85(a)(3)(ii)(A). VMS activity codes declaration as either a Day or Trip under a groundfish DAS. NMFS shall and declaration instructions are gillnet vessel designation as described send letters to all affected permit available from the Regional in § 648.82(j). A vessel owner electing a holders providing detailed information Administrator upon request. Day or Trip gillnet designation must on the procedures pertaining to VMS * * * * * indicate the number of gillnet tags that purchase, installation, and use. 6. In § 648.14, paragraphs (a)(35), he/she is requesting, and must include * * * * * (a)(38), (a)(39), (a)(43), (a)(53), (a)(153), a check for the cost of the tags. A permit (iii) DAS counting for a vessel that is (b)(3), (b)(4), (c)(24), and (c)(26) are holder letter will be sent to the owner under the VMS notification revised and paragraph (a)(78) is added of each eligible gillnet vessel, informing requirements of this paragraph (b), with to read as follows: him/her of the costs associated with this the exception of vessels that have tagging requirement and providing elected to fish exclusively in the Eastern § 648.14 Prohibitions. directions for obtaining tags. Once a U.S./Canada Area on a particular trip, as (a) * * * vessel owner has elected this described in this paragraph (b), begins (35) Fish with, use, or have on board, designation, he/she may not change the with the first location signal received within the areas described in designation or fish under the other showing that the vessel crossed the § 648.80(a)(1) and (2), nets with mesh gillnet category for the remainder of the VMS Demarcation Line after leaving size smaller than the minimum mesh fishing year. Incomplete applications, as port. DAS counting ends with the first size specified in § 648.80(a)(3) and (4), described in paragraph (e) of this location signal received showing that except as provided in § 648.80(a)(5) section, will be considered incomplete the vessel crossed the VMS Demarcation through (8), (a)(9), (a)(10), (a)(15), for the purpose of obtaining Line upon its return to port. For those (a)(16), (d), (e), and (i), unless the vessel authorization to fish in the NE vessels that have elected to fish has not been issued a NE multispecies multispecies gillnet fishery and will be exclusively in the Eastern U.S./Canada permit and fishes for NE multispecies processed without a gillnet Area pursuant to § 648.85(a)(3)(ii), the exclusively in state waters, or unless authorization. requirements of this paragraph (b) begin otherwise specified in § 648.17. * * * * * with the first location signal received * * * * * (38) Enter or be in the area described § 648.9 [Amended] showing that the vessel crossed into the 4. In § 648.9, remove and reserve Eastern U.S./Canada Area and end with in § 648.81(a)(1) on a fishing vessel, paragraph (c)(1)(ii). the first location signal received except as provided in § 648.81(a)(2) and 5. In § 648.10, the introductory text of showing that the vessel crossed out of (i). (39) Enter or be in the area described paragraph (b)(2), and paragraph the Eastern U.S./Canada Area upon in § 648.81(b)(1) on a fishing vessel, (b)(2)(iii) are revised; and paragraph beginning its return trip to port, unless except as provided in § 648.81(b)(2) and (b)(5) is added to read as follows: the vessel elects to also fish outside the Eastern U.S./Canada Area on the same (i). § 648.10 DAS and VMS notification trip, in accordance with * * * * * requirements. § 648.85(a)(3)(ii)(A). (43) Violate any of the provisions of * * * * * * * * * * § 648.80, including paragraphs (a)(5), (b) * * * (5) VMS notification requirements for the Small-mesh Northern Shrimp (2) The owner of such a vessel other fisheries. Unless otherwise Fishery Exemption Area; (a)(6), the specified in paragraph (b)(1) of this specified in this part, or via letters sent Cultivator Shoal Whiting Fishery section, with the exception of a vessel to affected permit holders under Exemption Area; (a)(9), Small-mesh issued a limited access NE multispecies paragraph (b)(2) of this section, the Area 1/Small-mesh Area 2; (a)(10), the

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Nantucket Shoals Dogfish Fishery Handgear A permit, or under the NE § 648.82 Effort-control program for NE Exemption Area; (a)(11), the GOM multispecies DAS program, or under the multispecies limited access vessels. Scallop Dredge Exemption Area; (a)(12), limited access monkfish Category C or D * * * * * the Nantucket Shoals Mussel and Sea permit provisions, fail to comply with (e) * * * Urchin Dredge Exemption Area; (a)(13), the requirements specified in (1) DAS shall accrue to the nearest the GOM/GB Monkfish Gillnet § 648.81(g)(1). minute and, with the exceptions Exemption Area; (a)(14), the GOM/GB (c) * * * described under this paragraph (e) and Dogfish Gillnet Exemption Area; (a)(15), (24) Enter port, while on a NE paragraph (j)(1)(iii) of this section, shall the Raised Footrope Trawl Exempted multispecies DAS trip, in possession of be counted as actual time called, or Whiting Fishery; (a)(16) the GOM Grate more than the allowable limit of cod logged into the DAS program, consistent Raised Footrope Trawl Exempted specified in § 648.86(b)(1), unless the with the DAS notification requirements Whiting Fishery; (a)(18), the Great South vessel is fishing under the cod specified at § 648.10. Channel Scallop Dredge Exemption exemption specified in § 648.86(b)(4). * * * * * Area; (b)(3), exemptions (small mesh); * * * * * (k) * * * (b)(5); the SNE Monkfish and Skate (3) * * * (26) Enter port, while on a NE Trawl Exemption Area; (b)(6), the SNE (i) Application information multispecies DAS trip, in possession of Monkfish and Skate Gillnet Exemption requirements. An application to lease more than the allowable limit of cod Area; (b)(8), the SNE Mussel and Sea Category A DAS must contain the specified in § 648.86(b)(2). Urchin Dredge Exemption Area; (b)(9), following information: Lessor’s owner the SNE Little Tunny Gillnet Exemption * * * * * name, vessel name, permit number and Area; and (b)(11), the SNE Scallop 7. In § 648.80, paragraph (b)(2)(vi) is official number or state registration Dredge Exemption Area. Each violation revised to read as follows: number; Lessee’s owner name, vessel of any provision in § 648.80 constitutes name, permit number and official a separate violation. § 648.80 NE multispecies regulated mesh areas and restrictions on gear and methods number or state registration number; * * * * * of fishing. number of NE multispecies DAS to be (53) Possess, land, or fish for leased; total priced paid for leased DAS; * * * * * regulated species, except winter signatures of Lessor and Lessee; and flounder as provided for in accordance (b) * * * date form was completed. Information with § 648.80(i) from or within the areas (2) * * * obtained from the lease application will described in § 648.80(i), while in (vi) Other restrictions and be held confidential, according to possession of scallop dredge gear on a exemptions. Vessels are prohibited from applicable Federal law. Aggregate data vessel not fishing under the scallop DAS fishing in the SNE Exemption Area, as may be used in the analysis of the DAS program as described in § 648.53, or defined in paragraph (b)(10) of this Leasing Program. fishing under a general scallop permit, section, except if fishing with exempted (ii) Approval of lease application. unless the vessel and the dredge gear gear (as defined under this part) or Unless an application to lease Category conform with the stowage requirements under the exemptions specified in A DAS is denied according to paragraph of § 648.23(b), or unless the vessel has paragraphs (b)(3), (b)(5) through (9), (k)(3)(iii) of this section, the Regional not been issued a multispecies permit (b)(11), (c), (e), (h), and (i) of this Administrator shall issue confirmation and fishes for NE multispecies section, or if fishing under a NE of application approval to both Lessor exclusively in state waters. multispecies DAS, if fishing under the and Lessee within 45 days of receipt of * * * * * Small Vessel or Handgear A exemptions an application. (78) Violate any provision of an in- specified in § 648.82(b)(5) and (b)(6), (iii) Denial of lease application. The season action to adjust trip limits, gear respectively, or if fishing under a Regional Administrator may deny an usage, season, area access and/or scallop state waters exemption specified application to lease Category A DAS for closure, or any other measure in § 648.54, or if fishing under a scallop any of the following reasons, including, authorized by this part. DAS in accordance with paragraph (h) but not limited to: The application is * * * * * of this section, or if fishing under a incomplete or submitted past the March (153) If fishing under the SNE/MA General Category scallop permit in 1 deadline; the Lessor or Lessee has not Winter Flounder SAP, described in accordance with paragraphs (b)(11)(i)(A) been issued a valid limited access NE § 648.85(b)(4), fail to comply with the and (B) of this section, or if fishing multispecies permit or is otherwise not restrictions and conditions under pursuant to a NE multispecies open eligible; the Lessor’s or Lessee’s DAS are § 648.85(b)(4)(i) through (iv). access Charter/Party or Handgear under sanction pursuant to an * * * * * permit, or if fishing as a charter/party or enforcement proceeding; the Lessor’s or (b) * * * private recreational vessel in Lessee’s vessel is prohibited from (3) While fishing in the areas compliance with the regulations fishing; the Lessor’s or Lessee’s limited specified in § 648.86(g)(1), with a NE specified in § 648.89. Any gear on a access NE multispecies permit is multispecies Handgear A permit, or vessel, or used by a vessel, in this area sanctioned pursuant to an enforcement under the NE multispecies DAS must be authorized under one of these proceeding; the Lessor or Lessee vessel program, or under the limited access exemptions or must be stowed as is determined not in compliance with monkfish Category C or D permit specified in § 648.23(b). the conditions, restrictions, and provisions, possess yellowtail flounder * * * * * requirements of this part; or the Lessor in excess of the limits specified under has an insufficient number of allocated § 648.86(g)(1), unless fishing under the § 648.81 [Amended] or unused DAS available to lease. Upon recreational or charter/party regulations, 8. In § 648.81, remove paragraph denial of an application to lease NE or transiting in accordance with (g)(2)(iv). multispecies DAS, the Regional § 648.23(b). 9. In § 648.82, paragraph (e)(1) is Administrator shall send a letter to the (4) If fishing in the areas specified in revised and paragraphs (k)(3)(i) through applicants describing the reason(s) for § 648.86(g)(1) with a NE multispecies (iii) are added to read as follows: application rejection. The decision by

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the Regional Administrator is the final is divided into two participation (2) Adjustments to the haddock TAC. agency decision. periods, one for Sector and one for non- The Regional Administrator may adjust * * * * * Sector vessels. For the 2005 fishing year, the portion of the haddock TAC 10. In § 648.85, paragraphs the only participation period in which specified for the second participation (b)(7)(vi)(G) through (I) are removed, eligible Sector vessels may fish in the period to account for under- or over- and paragraphs (a)(3)(i), (b)(6)(iv)(D), CA I Hook Gear Haddock SAP is from harvest of the portion of the haddock (b)(7)(iii), (b)(7)(iv)(A) and (F), October 1 through November 15. For the TAC (landings and discards) that was (b)(7)(v)(D), and (b)(7)(vi)(D) are revised 2005 fishing year, the only participation harvested during the first participation to read as follows: period in which eligible non-Sector period, not to exceed the overall vessels may fish in the SAP is from haddock TAC specified in this § 648.85 Special management programs. November 16 through December 31. For paragraph (b)(7)(iv)(F). (a) * * * the 2006 fishing year and beyond, these * * * * * (3) * * * participation periods shall alternate (v) * * * (i) VMS requirement. A NE between Sector and non-Sector vessels multispecies DAS vessel in the U.S./ such that, in fishing year 2006, the (D) Reporting requirements. The Canada Management Areas described in participation period for non-Sector owner or operator of a Sector vessel paragraph (a)(1) of this section must vessels is October 1 through November declared into the Closed Area I Hook have installed on board an operational 15, and the participation period for Gear Haddock SAP must submit reports VMS unit that meets the minimum Sector vessels is November 16 through to the Sector Manager, with instructions performance criteria specified in December 31. The Regional to be provided by the Sector Manager, §§ 648.9 and 648.10. Administrator may adjust the start date for each day fished in the Closed Area I Hook Gear Haddock SAP Area. The * * * * * of the second participation period prior Sector Manager shall provide daily (b) * * * to November 16 if the haddock TAC for reports to NMFS, including at least the (6) * * * the first participation period specified following information: Total pounds of (iv) * * * in paragraph (b)(7)(iv)(F) of this section (D) Landing limits. Unless otherwise is harvested prior to November 15. haddock, cod, yellowtail flounder, winter flounder, witch flounder, specified in this paragraph (b)(6)(iv)(D), (iv) * * * a NE multispecies vessel fishing in the American plaice, and white hake kept; Regular B DAS Program described in (A) DAS use restrictions. A vessel total pounds of haddock, cod, yellowtail this paragraph (b)(6), and fishing under fishing in the CA I Hook Gear Haddock flounder, winter flounder, witch a Regular B DAS, may not land more SAP may not initiate a DAS flip. A flounder, American plaice, and white than 100 lb (45.5 kg) per DAS, or any vessel is prohibited from fishing in the hake discarded; date fish were caught; part of a DAS, up to a maximum of CA I Hook Gear Haddock SAP while and VTR serial number, as instructed by 1,000 lb (454 kg) per trip, of any of the making a trip under the Regular B DAS the Regional Administrator. Daily following species/stocks from the areas Pilot Program described under reporting must continue even if the specified in paragraph (b)(6)(v) of this paragraph (b)(6) of this section. DAS vessel operator is required to exit the section: Cod, American plaice, white will be charged as described in § 648.10. SAP as required under paragraph hake, witch flounder, SNE/MA winter * * * * * (b)(7)(iv)(F) of this section. flounder, GB winter flounder, GB (F) Haddock TAC—(1) Allocation and * * * * * yellowtail flounder, southern distribution. The maximum total (vi) * * * windowpane flounder, and ocean pout; amount of haddock that may be caught (D) Reporting requirements. The and may not land more than 25 lb (11.3 (landings and discards) in the Closed owner or operator of a non-Sector vessel kg) per DAS, or any part of a DAS, up Area I Hook Gear SAP Area in any declared into the Closed Area I Hook to a maximum of 250 lb (113 kg) per trip fishing year is based upon the size of the Gear Haddock SAP must submit reports of CC/GOM or SNE/MA yellowtail TAC allocated for the 2004 fishing year via VMS, in accordance with flounder. In addition, trawl vessels, (1,130 mt live weight), adjusted instructions to be provided by the which are required to fish with a according to the growth or decline of the Regional Administrator, for each day haddock separator trawl as specified western GB (WGB) haddock exploitable fished in the Closed Area I Hook Gear under paragraph (b)(6)(iv)(J) of this biomass (in relationship to its size in Haddock SAP Area. The reports must be section, and other gear that may be 2004), according to the following submitted in 24–hr intervals for each required in order to reduce catches of formula: BiomassYEAR X= (1,130 mt live day fished, beginning at 0000 hr local stocks of concern as described under weight) x (Projected WGB Haddock time and ending at 2400 hr local time. paragraph (b)(6)(iv)(J) of this section, are ExploitableBiomassYEAR X/WGB Haddock The reports must be submitted by 0900 restricted to the following trip limits: Exploitable Biomass2004). The size of the hr local time of the day following 500 lb (227 kg) of all flatfish species western component of the stock is fishing. The reports must include at (American plaice, witch flounder, considered to be 35 percent of the total least the following information: Total winter flounder, windowpane flounder, stock size, unless modified by a stock pounds of haddock, cod, yellowtail and GB yellowtail flounder), combined; assessment. The maximum amount of flounder, winter flounder, witch 500 lb (227 kg) of monkfish (whole haddock that may be caught in this SAP flounder, American plaice, and white weight); 500 lb (227 kg) of skates (whole during each fishing year is divided hake kept; total pounds of haddock, cod, weight); and zero possession of lobsters, evenly between the two participation yellowtail flounder, winter flounder, unless otherwise restricted by periods of October 1 - November 15 and witch flounder, American plaice, and § 648.94(b)(3). November 16 - December 31, as white hake discarded; date fish were * * * * * specified in paragraph (b)(7)(iii) of this caught; and VTR serial number, as (7) * * * section. The Regional Administrator instructed by the Regional (iii) Season. The overall season for the shall specify the haddock TAC for the Administrator. Daily reporting must CA I Hook Gear Haddock SAP is SAP, in a manner consistent with continue even if the vessel operator is October 1 through December 31, which applicable law. required to exit the SAP as required

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under paragraph (b)(7)(iv)(F) of this issued pursuant to paragraph (c)(2) of (2) If a Sector is approved, the section. this section. It shall be unlawful to Regional Administrator shall issue a * * * * * violate any such conditions and Letter of Authorization to each vessel 11. In § 648.86, paragraphs (e) and (i) requirements and each Sector, vessel, operator and/or vessel owner belonging are revised to read as follows: and vessel operator and/or vessel owner to the Sector. The Letter of participating in the Sector may be Authorization shall authorize § 648.86 NE Multispecies possession charged jointly and severally for civil participation in the Sector operations restrictions. penalties and permit sanctions pursuant and may exempt participating vessels * * * * * 15 CFR part 904. from any Federal fishing regulation, (e) White hake. Unless otherwise except those specified in paragraph restricted under this part, a vessel * * * * * (xv) All vessel operators and/or vessel (b)(1)(xvi) of this section, in order to issued a NE multispecies DAS permit, a owners fishing in an approved Sector allow vessels to fish in accordance with limited access Handgear A permit, an must be issued and have on board the an approved Operations Plan, provided open access Handgear B permit, or a vessel, a Letter of Authorization (LOA) such exemptions are consistent with the monkfish limited access permit and goals and objectives of the NE fishing under the monkfish Category C issued by the National Marine Fisheries Service pursuant to paragraph (c)(2) of Multispecies FMP. The Letter of or D permit provisions may land up to Authorization may also include 1,000 lb (453.6 kg) of white hake per this section. (xvi) The Regional Administrator may requirements and conditions deemed DAS, or any part of a DAS, up to 10,000 necessary to ensure effective lb (4,536 kg) per trip. exempt participants in the Sector, pursuant to paragraph (c)(2) of this administration of, and compliance with, * * * * * section, from any Federal fishing the Operations Plan and the Sector (i) Offloading requirement for vessels regulations necessary to allow such allocation. Solicitation of public possessing species regulated by a daily participants to fish in accordance with comment on, and NMFS final possession limit. Vessels that have the Operations Plan, with the exception determination on such exemptions shall ended a trip as specified in of regulations addressing the following be consistent with paragraphs (c)(1) and § 648.10(b)(2)(iii) or (c)(3) that possess measures for Sectors based on a hard (2) of this section. on board species regulated by a daily TAC: Year-round closure areas, possession limit (i.e., pounds per DAS), (3) The Regional Administrator may permitting restrictions (e.g., vessel as specified at § 648.85 or § 648.86, must withdraw approval of a Sector, after upgrades, etc.), gear restrictions offload these species prior to leaving consultation with the Council, at any designed to minimize habitat impacts port on a subsequent trip. Other species time if it is determined that Sector (e.g., roller gear restrictions, etc.), and regulated by an overall trip limit may be participants are not complying with the reporting requirements (not including retained on board for a subsequent trip. requirements of an approved Operations DAS reporting requirements). A For example, a vessel that possesses cod Plan or that the continuation of the framework adjustment, as specified in and winter flounder harvested from Operations Plan will undermine § 648.90, may be submitted to exempt Georges Bank is subject to a daily achievement of fishing mortality Sector participants from regulations not possession limit for cod of 1,000 lb (453 objectives of the NE Multispecies FMP. authorized to be exempted pursuant to kg)/DAS and an overall trip limit of Withdrawal of approval of a Sector may paragraph (c)(2) of this section. 5,000 lb (2,267 kg)/trip for winter only be done after notice and comment flounder. In this example, the vessel * * * * * rulemaking consistent with applicable would be required to offload any cod (2) * * * law. harvested, but may retain on board (x) Each vessel and vessel operator * * * * * and/or vessel owner participating in a winter flounder up to the maximum trip 13. In § 648.89, paragraph (b)(4) is Sector must comply with all applicable limit prior to leaving port and crossing added to read as follows: the VMS demarcation line to begin a requirements and conditions of the subsequent trip. Operations Plan specified in this § 648.89 Recreational and charter/party paragraph (b)(2) and the Letter of vessel restrictions. * * * * * 12. In § 648.87, paragraphs (b)(1)(ix), Authorization issued pursuant to * * * * * paragraph (c)(2) of this section. It shall (b)(1)(xv) and (xvi), (b)(2)(x), and (c) are (b) * * * revised to read as follows: be unlawful to violate any such conditions and requirements unless (4) The minimum fish size applies to § 648.87 Sector allocation. such conditions or restrictions are whole fish or to any part of a fish while * * * * * identified as administrative only in an possessed on board either a charter/ (b) * * * approved Operations Plan. Each Sector, party or a private recreational vessel. (1) * * * vessel, and vessel operator and/or vessel Fish fillets, or parts of fish, must have (ix) Unless exempted through a Letter owner participating in the Sector may skin on while possessed on board a of Authorization specified in paragraph be charged jointly and severally for civil vessel and at the time of landing in (c)(2) of this section, each vessel penalties and permit sanctions pursuant order to meet minimum size operator and/or vessel owner fishing to 15 CFR part 904. requirements. ‘‘Skin on’’ means the under an approved Sector must comply (c) Approval of a Sector and granting entire portion of the skin normally with all NE multispecies management of exemptions by the Regional attached to the portion of the fish or to measures of this part and other Administrator. (1) Once the submission fish parts possessed is still attached. applicable law. Each vessel and vessel documents specified under paragraphs * * * * * operator and/or vessel owner (a)(1) and (b)(2) of this section have § 648.92 [Amended] participating in a Sector must also been determined to comply with the comply with all applicable requirements requirements of this section, NMFS may 14. In § 648.92, remove paragraph and conditions of the Operating Plan consult with the Council and shall (b)(2)(iii). specified in paragraph (b)(2) of this approve or disapprove Sector operations [FR Doc. E7–20386 Filed 10–15–07; 8:45 am] section and the Letter of Authorization consistent with applicable law. BILLING CODE 3510–22–S

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Notices Federal Register Vol. 72, No. 199

Tuesday, October 16, 2007

This section of the FEDERAL REGISTER and interested incumbent members will official record of the National contains documents other than rules or be held. The full Advisory Board Agricultural Research, Extension, proposed rules that are applicable to the Meeting will convene at 12:15 p.m. with Education, and Economics Advisory public. Notices of hearings and investigations, introductory remarks provided by the Board and will be kept on file for public committee meetings, agency decisions and Acting Chair of the Advisory Board. review in the Research, Extension, rulings, delegations of authority, filing of petitions and applications and agency There will be brief introductions by new Education, and Economics Advisory statements of organization and functions are Board members, incumbents, and guests Board Office. examples of documents appearing in this followed by general Advisory Board Done at Washington, DC this 10th day of section. Business. There will be remarks from a October, 2007. variety of distinguished leaders and Gale Buchanan, experts in the field of agriculture, as Under Secretary, Research, Education, and DEPARTMENT OF AGRICULTURE well as officials and/or designated Economics. experts from the four agencies of [FR Doc. E7–20324 Filed 10–15–07; 8:45 am] Office of the Secretary USDA’s Research, Education, and BILLING CODE 3410–22–P Economics Mission area. Speakers will Notice of the National Agricultural provide recommendations regarding Research, Extension, Education, and ways the USDA can enhance its Economics Advisory Board Meeting DEPARTMENT OF AGRICULTURE research, extension, education, and AGENCY: Research, Education, and economic programs to protect our Agricultural Marketing Service Nation’s food, fiber, fuel and Economics, USDA. [Docket No. AMS–LS–07–0113; LS–05–09] ACTION: Notice of meeting. agricultural system. The Honorable (Acting) Secretary of Agriculture, Chuck United States Standards for Livestock SUMMARY: In accordance with the Conner, will attend the meeting and and Meat Marketing Claims, Grass Federal Advisory Committee Act, 5 provide brief remarks. The meeting will (Forage) Fed Claim for Ruminant U.S.C. App. 2, the United States adjourn for the day at 5 p.m. Following Livestock and the Meat Products Department of Agriculture announces a adjournment, an evening program will Derived From Such Livestock meeting of the National Agricultural be held from 6 p.m. to 8 p.m. with guest Research, Extension, Education, and speaker Dr. Robert Brackett, Director of AGENCY: Agricultural Marketing Service, Economics Advisory Board. The the U.S. Food and Drug USDA. meeting is open to the general public. Administration’s Center for Food Safety ACTION: Notice. DATES: The National Agricultural & Applied Nutrition, who will present SUMMARY: Research, Extension, Education, and highlights concerning Food Safety. On The Agricultural Marketing Economics Advisory Board will meet Tuesday, October 30, 2007, the meeting Service (AMS) is establishing a October 29–31, 2007 at the Double Tree will reconvene at 7:30 a.m. with voluntary standard for a grass (forage) Hotel, 1515 Rhode Island Avenue, NW., introductory remarks from Dr. Gale fed livestock marketing claim. This Washington, DC 20024. Buchanan, Under Secretary of the standard incorporates revisions made as ADDRESSES: The public may file written Research, Education and Economics a result of comments received from an comments before or up to two weeks Mission Area. Various presentations and earlier proposed standard. A number of after the meeting with the contact discussions will take place throughout livestock producers make claims person. You may submit comments by the day on the two Focus Topics, associated with production practices in any of the following methods: E-mail: ‘‘Organic Agriculture’’ and ‘‘Rural order to distinguish their products in [email protected]; Fax: (202) Economic and Community Development the marketplace. With the establishment 720–6199; Mail/Hand-Delivery or and Priorities for Cooperative of this voluntary standard, livestock Courier: The National Agricultural Extension’’. The meeting will adjourn producers may request that a grass Research, Extension, Education, and for the day by 5:15 p.m. Following the (forage) fed claim be verified by the Economics Advisory Board; Research, adjournment, there will be an evening Department of Agriculture (USDA). Education, and Economics Advisory meeting with guest speaker, Dr. Bo Verification of this claim will be Board Office, Room 344-A, Jamie L. Beaulieu, Director, Southern Rural accomplished through an audit of the Whitten Building, United States Development Center, who will provide production process in accordance with Department of Agriculture, STOP 2255, highlights on Rural Development. On procedures that are contained in Part 62 1400 Independence Avenue, SW., Wednesday, October 31, 2007, the Board of Title 7 of the Code of Federal Washington, DC 20250–2255. Meeting will reconvene at 8:30 a.m. Regulations (7 CFR part 62), and the FOR FURTHER INFORMATION CONTACT: with a final session to discuss Strategic meat sold from these approved Joseph Dunn, Executive Director or Plans for the Board. The Advisory Board programs can carry a claim verified by Shirley Morgan-Jordan, Program Meeting will adjourn by 9:30 a.m. USDA. Support Coordinator, National Written comments by attendees or other DATES: Effective Date: November 15, Agricultural Research, Extension, interested stakeholders will be 2007. Education, and Economics Advisory welcomed for the public record before FOR FURTHER INFORMATION CONTACT: Board; telephone: (202) 720–3684. and up to two weeks following the Martin E. O’Connor, Chief, Standards, SUPPLEMENTARY INFORMATION: On Board meeting (by close of business Analysis, and Technology Branch, Monday, October 29, 2007, at 9 a.m. an Wednesday, November 14, 2007). All Livestock and Seed Program, AMS, Orientation Session for new members statements will become a part of the USDA, Room 2607–S, 1400

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Independence Avenue, SW., enhanced since the product was labeled Product labels that include the grass Washington, DC 20250–0254, facsimile as ‘‘USDA Certified.’’ The LS Program (forage) fed marketing claim must be (202) 720–1112, telephone (202) 720– also offers verification services through submitted to USDA’s Food Safety and 4486, or e-mail Quality System Verification Programs Inspection Service (FSIS), Labeling [email protected]. The U.S. (QSVP; http://www.ams.usda.gov/lsg/ Program and Delivery Division (LPDD), Standards for Livestock and Meat arc/audit.htm) to substantiate claims for evaluation prior to use. FSIS, LPDD, Marketing Claims, Grass (Forage) Fed that cannot be determined by direct under the authority of the Federal Meat Claim for Ruminant Livestock and the examination of livestock, their Inspection Act (FMIA; 21 U.S.C. 601, Meat Products Derived from Such carcasses, component parts, or the 607) and the Poultry Products Livestock, is available through the above finished product. The QSVP provides Inspection Act (PPIA; 21 U.S.C. 451, physical address or by accessing the suppliers of agricultural products or 457), regulates domestic and imported Web site at http://www.ams.usda.gov/ services the opportunity to distinguish meat, poultry, and egg product labeling, lsg/stand/claim.htm. specific activities involved in the standards, and ingredients. AMS has SUPPLEMENTARY INFORMATION: Section production and processing of their worked closely with FSIS, LPDD to 203(c) of the Agricultural Marketing Act agricultural products and to assure develop the voluntary grass (forage) fed of 1946, as amended (7 U.S.C. 1622), customers of their ability to provide marketing claim standard. The standard directs and authorizes the Secretary of consistent quality products or services. for a grass (forage) fed marketing claim Agriculture ‘‘To develop and improve This is accomplished by documenting will be part of the voluntary U.S. standards of quality, condition, the quality management program and Standards for Livestock and Meat quantity, grade, and packaging, and having the manufacturing or service Marketing Claims which may be used in recommend and demonstrate such delivery processes verified through conjunction with a USDA QSVP. Grass standards in order to encourage independent, third-party audits. One (forage) fed marketing claims may be uniformity and consistency in specific QSVP is the USDA Process verified, as provided in 7 CFR Part 62, commercial practices.’’ USDA is Verified Program which allows by a feeding protocol that confirms a committed to carrying out this authority suppliers to make marketing claims— grass (forage)-based diet. However, since in a manner that facilitates the such as feeding practices or other this is a voluntary marketing claim, marketing of agricultural products. One raising and processing claims—and FSIS will not establish a new provision way of achieving this objective is label and market their products as to limit the use of the term grass (forage) through the development and ‘‘USDA Process Verified.’’ fed to labels in which participants have a USDA QSVP. Any specific labeling maintenance of voluntary standards by As multiple marketers of specialized issues or questions not related to AMS’ AMS. claims began to seek USDA certification services should be directed to the FSIS, AMS is establishing this voluntary or verification for the same or similar U.S. Standard for Livestock and Meat LPDD. production practices, AMS determined Marketing Claims, Grass (Forage) Fed it would be beneficial to establish Comments and Responses on the Claim for Ruminant Livestock and the standards for common production and Proposed Marketing Claim Standard Meat Products Derived from Such marketing claims and these standards for the Grass (Forage) Fed Claim Livestock, in accordance with will collectively be a part of the procedures that are contained in Part 36 AMS originally proposed 13 U.S. voluntary U.S. Standards for Livestock of Title 7 of the Code of Federal Standards for Livestock and Meat and Meat Marketing Claims that may be Regulations (7 CFR part 36). Marketing Claims, as a notice and used in conjunction with a certified or request for comments, in the December Paperwork Reduction Act verified program recognized by AMS. 30, 2002, Federal Register Notice (67 FR In accordance with the Paperwork The livestock and meat marketing claim 79552), including the grass (forage) fed Reduction Act of 1995 (PRA; 44 U.S.C. standards will be instrumental in claim. AMS then revised the grass 3501 et seq.), the information collection facilitating communication, establishing (forage) fed claim and re-proposed the and recordkeeping requirements for the a common trade language, and claim in the May 12, 2006, Federal services associated with the grass enhancing understanding among Register Notice (71 FR 27662). This (forage) fed marketing claim is approved producers, processors, and consumers. final notice only covers the grass under Office of Management and Budget Past experience indicates that standards (forage) fed claim. Other claims that (OMB) Control No. 0581–0124, which sort a highly diverse population into appeared in the December 30, 2002, expires August 31, 2008. more homogeneous groups, and when Federal Register Notice (67 FR 79552) standards are uniformly applied, they will be addressed at a later time. Background provide a valuable marketing tool. AMS In the December 30, 2002, Federal Individuals and companies often develops standards for marketing and Register Notice (67 FR 79552), the grass highlight production and marketing production claims based on experience (forage) fed claim standard proposed practices in advertisements and with USDA Certified Programs and that grass, green or range pasture, or promotions to distinguish their products USDA QSVP, research into standard forage shall be 80 percent or more of the in the marketplace. Since the late practices and procedures, and requests primary energy source throughout the 1970’s, livestock and meat producers from the livestock and meat industries. animal’s life cycle. As a result of the (individuals and companies) have One such production practice is the public comments received, AMS requested the voluntary services of AMS raising of livestock on grasslands or determined significant modification to to verify or certify specific practices to forage products. Accordingly, AMS is the proposed grass (forage) fed standard increase the value of their products. The establishing the voluntary grass (forage) was needed. AMS re-proposed the grass Livestock and Seed (LS) Program of fed marketing claim standard. AMS (forage) fed claim standard in the May AMS has provided certification, through obtained input from a number of 12, 2006, Federal Register Notice (71 FR direct product examination, for a individual experts in government, 27662). It proposed that grass (annual number of production claims related to industry, and academia while drafting and perennial), forbs (legumes, livestock and carcass characteristics. this standard and the corresponding Brassica), browse, forage, or stockpiled The validity of such claims was thresholds for compliance. forages, and post-harvest crop residue

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without separated grain shall be at least justification for the level being at 99 Therefore, AMS will not adopt any of 99 percent of the energy source for the percent. the other suggested percentage levels lifetime of the ruminant specie, with the Commenters were not only concerned and will remove any reference to a exception of milk consumed prior to about the percentage level but also percentage in the standard. Accordingly, weaning. requested further clarification of what the grass (forage) fed marketing claim By the close of the comment period the percentage refers to. One commenter will only apply to ruminant animals for the May 12, 2006, Federal Register supported the figure of 99 percent as the whose diet throughout their lifespan is Notice (71 FR 27662), AMS received grass (forage) fed standard but requested derived solely from grass (forage), with 19,811 comments concerning the grass that the wording be changed from ‘‘99% the exception of milk consumed prior to (forage) fed claim from consumers, of the energy source’’ to ‘‘99% of the dry weaning. AMS realizes that incidental academia, trade and professional matter intake.’’ This commenter’s supplementation may occur due to associations, non-profit organizations, rationale was that the percentage of the inadvertent exposure to non-forage national organic associations, consumer energy source as related to animal food feedstuffs or to ensure the animal’s well advocacy associations, retail and meat intake is not a commonly calculated being at all times during adverse product companies, and livestock measure and using it will cause environmental or physical conditions. If producers. Summaries of issues raised confusion and various unintended incidental supplementation occurs as by commenters and AMS’ responses interpretations on how it is to be described above, the producer must follow. measured. Another commenter made a fully document (e.g., receipts, similar request that the language require Grass (Forage) Percentage ingredients, and tear tags) the incidental feeding of 100 percent forage and not 99 supplementation that occurs including Comments: An overwhelming percent of the energy from forage. Two how much, how often, and what was majority of the comments received other commenters also had similar supplemented. The producer must expressed support that AMS chose to comments that the claim as stated is maintain sufficient records of the develop and propose production confusing, that the statement ‘‘at least animal’s diet for the lifespan of the standards for grass fed animals. Further, 99 percent of the energy source’’ does animal to demonstrate compliance with the majority of comments supported not correspond to ‘‘a grass or forage the requirement that, throughout its that the animal’s diet must be 99 based diet that is 99 percent or higher’’ lifespan, the ruminant animal’s diet is percent or higher grass or forage-based. and that the first statement could be derived solely from grass and forage, AMS also received a small number of taken as any amount of protein (or other with the exceptions previously comments suggesting a percentage other nutrient) source could also be fed. discussed. than the proposed 99 percent. A few Another commenter suggested that the Finally, with regard to the commenter commenters suggested the standard be use of forage as an energy source should requesting scientific justification for the 100 percent grass or forage-based. One be changed to ‘‘energy/feed source’’ to 99 percent grass (forage)-based diet, commenter in particular commented avoid the supplementation of non- AMS notes that this is a marketing claim favorably on the increase from 80 forage-based nitrogen, such as urea centered on a production method where percent to 99 percent but stated that a treated hay. the animal’s diet is derived from grass 100 percent would be easier to verify. Agency Responses: After evaluating and not a computed scientific figure. There were also commenters who stated the extensive comments received that the 99 percent grass or forage-based regarding the appropriate diet Clarification of Language and diet was too strict due to the diverse percentage, AMS determined that in Definition Relative to the Exclusion of climate and rangeland throughout the order to make a grass (forage) fed Grains United States. One commenter stated marketing claim, a diet of grass (forage) Comments: The majority of the that 99 percent of the diet coming from should be maximized. AMS believes comments received requested that the grass or forage is too high to have a that the 99 percent grass or forage-based standard be clarified, and stated that the balanced ration that provides good diet proposed in the May 12, 2006, language in the proposed standard was weight gains and also reduces nitrogen Federal Register Notice (71 FR 27662) ambiguous which could allow meat losses to the environment. One was appropriate. However, AMS from grain fed animals to be labeled as commenter stated that 75 percent of beef concurs it is easier to verify a 100 grass (forage) fed. Specifically, many of producers in the United States work percent grass (forage)-based diet. AMS the commenters asked for the meaning with environments with periods of zero also concurs that as proposed, various of ‘‘immature grain’’ to be clarified. plant growth, and only the highest interpretations on what the percentage AMS received numerous comments quality stored forages will result in refers to and how it will be measured with specific suggestions for the weight gains approaching 1.0 kg/day. (calculated) might occur. The language language in the background section and These commenters recommended in the standard regarding the use of definition of the grass (forage) fed various levels from 90 to 97.5 percent grass (forage) as an ‘‘energy source’’ standard to ensure grain would be grass or forage-based diet to address should be changed and clarified to prohibited. Commenters suggested that these concerns. One comment suggested represent that the standard is based the standard should prohibit the use of that the grass (forage) fed claim require solely on the consumption of a grass any mature corn or other traditional that grass (forage) be at least 99 percent (forage)-based diet. Removing the feed grains in feedstock used by of the energy source for the lifetime of ‘‘energy source’’ terminology will producers seeking to market products the animal with the exception of further clarify that supplemental energy under a grass (forage) fed label. documented emergency feeding. and protein sources are not permitted Numerous commenters requested that Another commenter stated that the 1 and will remove any confusion about crops normally harvested for grain (such percent allowed for non-forage feed how to measure (calculate) percent as corn and small grains) must be should be specified for inadvertent or energy source. Again, AMS believes that harvested or grazed when in the emergency cases only, but not part of due to the nature of grass (forage) fed vegetative state (pre-grain formation) in the regular ration. Beyond setting a production systems, it will be more order to be considered eligible feed percentage level, one commenter also appropriate to verify a maximized (100 under this standard. Several asked AMS to provide scientific percent) grass (forage)-based diet. commenters suggested that ‘‘hay,

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haylage, baleage, silage, and ensilage Stored and Harvested Forages and commenters stated that certain may be fed, provided no grain species Other Supplements supplements should be allowed while have reached the milk stage or legume Comments: One issue that particularly others indicated that the supplements grain reached 10 percent pod fill.’’ divided commenters was allowing should not be allowed. Specific A few other comments were also stored or harvested forages to be a part supplements mentioned to be excluded received regarding the language in the of the grass (forage) fed claim. One were processed or partially processed standard. One commenter commenter stated it is important to fruits, vegetables, rice, nuts or nut hulls, soybean meal and soy hulls, dried recommended that AMS reconsider the exclude ‘‘green chop’’ forage, corn or distillers grains, corn gluten feed, whole definition of eligible feed provided in sorghum grain, and soybeans. Another cottonseed, flax, beet pulp, citrus pulp, the 2002 Notice (i.e., grass, green or commenter encouraged AMS not to cottonseed meal, livestock minerals for range pasture, or forage) and include allow harvested forage, corn silage, or proper immune function and general language regarding the specific other grains that have been separated health, range cubes (75 percent ground from their stalks to be part of the grass conditions where harvested grasses can alfalfa hay and 25 percent wheat and (forage) fed claim. Another commenter be used. They stated that if AMS soybean meal, all organic certified), and specifically did not think the feeding of changes the definition of ‘‘grass,’’ then wheat bran. AMS will need to also look at the fermented vegetative products like The commenters in support of feeding impact the change makes on meeting the silage should be permitted in the grass supplements stated that supplemental nutritional needs of the animal if the (forage) fed designation as they have feeding of ruminants that are on a very requirement is to still be 99 percent of undergone significant chemical high forage diet, whether on pasture or the energy needs. One commenter stated alteration. One commenter wanted being fed stored forages during the that it may be better to indicate that animals raised 100 percent on live, pasture dormancy period, is essential legumes and Brassica are only examples green grass and that their diet should practice for both profitability, water of forbs, not the complete list of not include hay, almond hulls, or other quality concerns, and is very important acceptable forbs. One commenter vegetable matter. to balancing the ration given to the requested that the word ‘‘mother’s’’ be Some commenters stated ruminant. inserted before the phrase ‘‘milk mechanically harvested forage without One commenter submitted that consumed prior to feeding.’’ Another grain may be fed to animals while on mineral and vitamin supplementation commenter brought up the issue of grassland during periods of inclement should not be routine, but only used calves raised on milk replacer until weather or low forage quality. Several when necessary for animal health weaning. This commenter stated that in commenters supported the proposed purposes. dairy-intensive regions of the United standard to allow the feeding of Agency Responses: Due to the diverse States it is possible for dairy bull and harvested grass and forage to grass fed range and climate conditions across the steer calves to be part of grass fed beef animals. They stated that in northern United States, it is not practical to limit production systems and that it would be climates, feeding of harvested grass and consumption to grass (forage) consumed useful for the standard to clarify forage during winter months is often by the animal only while pasturing and whether milk replacer is an acceptable necessary to sustain animals in a to restrict the use of harvested, feed source. healthy condition as well as in drought stockpiled or stored forages. During conditions. Another commenter stated periods of inclement weather or low Agency Responses: AMS did not that stored forages should be allowed, forage quality, the welfare and intend for the standard to permit meat because in most regions of the country, nutritional needs of the animal must be from grain fed animals to be labeled as cattle cannot graze during the entire taken into account. Allowing harvested grass (forage) fed. AMS agrees further calendar year, and there will be year or stockpiled forages will address the clarification and more specific language round demand for locally produced lack of readily available grass (forage) are needed to prevent the feeding of grass fed, fresh products. This throughout the year. Accordingly, grain. AMS has incorporated several of commenter stated that their customers harvested forage without grain is the suggested clarifications received in the winter would rather purchase allowed. AMS realizes that silage is a through the comments on this point and products produced from grass fed fermented vegetative product that has the definition of grass (forage) will be animals fed stored forage than undergone significant chemical clarified so that crops normally conventional meat and dairy products, alteration and is not as ‘‘green’’ as other harvested for grain may qualify for if they have the choice. This commenter freshly chopped forages; however, forage only if they are harvested or are also stated that the use of hay and hay restricting silage due to a ‘‘green’’ grazed in the vegetative state (pre-grain). crop silage will be needed to provide criterion is outside the scope of the The details regarding the language feed when snow cover prevents standard. As stated previously in the clarifications are set forth in this livestock from grazing live or dormant document, language will be in the standard. Regarding milk consumed by pasture. Another commenter mentioned standard to exclude grain, specifically to calves prior to weaning, AMS has that the best stored forage is grass that exclude forage crops containing grain as determined that it is not necessary to is mechanically harvested before grain eligible feed. insert the word ‘‘mother’s’’ as one is formed and properly cured and stored With regard to other supplements commenter suggested. Milk replacer fed to maintain as much ‘‘green’’ as possible mentioned in the comments, AMS does prior to weaning is within the intent of and that silage did not meet the ‘‘green’’ agree that certain supplemental the grass (forage) fed standard, as it is criteria. ingredients should not be allowed in the an acceptable alternative feed source to AMS also received numerous diet because they are not grass (forage). mother’s milk. The remainder of the comments suggesting various These ingredients include cereal grains, comments were considered, but not supplements that should or should not grain byproducts (starch and protein incorporated into the standard as AMS be considered eligible to be included in sources), cottonseed and cottonseed has determined the standard, with the the grass (forage) fed diet. Again, the meal, soybean and soybean meal, non- revisions made, is clear, attainable, and comments received regarding protein nitrogen sources such as urea, appropriate. supplements differed in that some and animal byproducts. By contrast,

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roughage (e.g.≤, cottonseed hulls, while pasturing. Other commenters determined it is preferable to keep the peanut hulls, and almond hulls), stated that at the minimum, animals terminology separate and develop two defined as any feed high in crude fiber should graze during the growing season distinct standards for both grass (forage) and low in total digestible nutrients, on but for no less than 120 days per year. fed and free-range claims, particularly an air-dry basis, can be supplemented in One commenter said that grass fed in view of possible distinctions in their a grass (forage)-based diet because it is ruminants must graze pasture during the diet. Similarly, AMS has determined it low in nutrients and its bulk stimulates entire growing season and that is preferable to keep the terminology peristalsis. Further, AMS believes that exceptions to this provision should be separate for the use of antibiotics and mineral and vitamin supplements limited to (1) emergencies that may hormones. should be allowed so the animal’s threaten the safety and well being of the Verification, Compliance, and Labeling nutrient intake can be adjusted and that animals or soil; and, (2) management Issues deficiencies in the diet can be corrected. practices such as roundups, sorting, shipping, and weaning. This commenter Comments: Several commenters Related Production Issues Including also stated that the provisions should stated that while the audit-based Access to Pasture, Confinement, and not be interpreted as to exclude high verification procedures (USDA Process Antibiotics and Hormones intensity rotational grazing systems. Verified Program) utilized to Comments: Many of the comments Some of the commenters also stated substantiate label claims provides a high received from both producers and that similar to the issue of pasture degree of assurance, the cost of consumers were explicit in that they raised, the grass (forage) fed claim compliance with these standards can be want grass fed raising practices should also mean animals are not to be unduly burdensome for small and mid- distinguished from conventional feeding raised in confinement (e.g., feedlot). sized producers and that all possible practices. Commenters wrote that Some commenters suggested that grass steps be taken to reduce the fee-based consumers of grass fed animal products fed animals should not be fed in requirements for participating in this reasonably expect that these animals are confinement more than 20–30 days per program. raised on pasture, in contrast to the calendar year, unless an emergency One commenter stated that it was feedlots and other confinement situation arises that poses a threat to the unfortunate that this program does not operations typical of conventional animal’s health or well being (e.g., fire, maintain any penalties for producers animal agriculture. Others specifically flood, and blizzard). Some suggested and handlers who utilize the grass stated that they do not want the grass allowable confinement conditions that (forage) fed label without participating (forage) fed label to mean an animal has include: times when animals are sorted, in the USDA Process Verified Program. been confined for up to 220 days, fed shipped, weaned, sold, and harvested, Another comment recommended that corn silage, and administered antibiotics and periods of extreme, adverse weather FSIS establish a new provision within and growth hormones. Others requested such as flooding, drought, or blizzards. the Meat and Poultry Inspection for AMS to ensure that grass (forage) fed Another production practice on Regulations and the Meat and Poultry means range or pasture raised, not which AMS received comments was the Inspection Manual, Directives and produced from a conventional use of antibiotics and hormones. Some Notices that would limit the usage of the confinement operation. of the commenters stated that in their term ‘‘grass fed’’ only to labels in which Many commenters also urged AMS to view the grass (forage) fed standard the producer and handler of the product move quickly to develop the revised should restrict the use of antibiotics and were approved participants under a requirements for livestock labeling hormones. However, other commenters USDA Process Verified Program for claims related to hormones, antibiotics, discussed the complexities in grass (forage) fed labeling. and pasture requirements. Commenters completely restricting the use of Other commenters stated a transition stated that the grass (forage) fed claim antibiotics. period for producers should be allowed will only become truly effective when it Agency Responses: In the May 12, so that they may continue to sell comprehensively includes hormone, 2006, Federal Register Notice (71 FR products that claim to be produced from antibiotic, and free-range or pasture fed 27662), AMS determined that meat grass fed animals while protocols are standards. produced from animals which meet the updated, and new labels are approved Another issue raised was that the minimum requirements for grass by FSIS, printed, and applied to the proposed standard neglected to specify (forage) feeding should be eligible for product. Another commenter asked to or require that animals be raised on the grass (forage) fed claim and see language added that will not allow pasture. Some commenters specifically additional production practices that go producers to include the term ‘‘grass stated the term grass (forage) fed is, and beyond a grass (forage) fed diet should fed’’ in their company name unless they should continue to be, synonymous not be incorporated in this standard. are selling product verified by AMS. with animals having free access to Additional labeling claims can be made They stated if this provision is not pasture or rangeland. Many other in conjunction with the grass (forage) added ranches will just change their commenters stated that grass (forage) fed fed claim (e.g., free-range, no antibiotics ranch name to include the word grass should mean animals humanely raised or hormones administered) to highlight fed instead of going through the in grass pastures from birth to harvest. other production practices. AMS also paperwork required of USDA Process Other commenters stated that the 99 has determined that animals must graze Verified Programs. percent provision was appropriate, but live pasture during the growing season One commenter objected to the only in conjunction with the as a requirement of the grass (forage) fed voluntary program because their main expectation that the bulk of an animal’s standard as it is inherent to the term plant is located in Argentina and would nutrition will come from a live, green grass (forage) fed. With regards to the not be able to be included in the pasture where, according to season, the issue of confinement and free-range, as program, even though 99 percent of all animal shall predominantly be raised. stated in the May 12, 2006, Federal animals and 100 percent of all bulls and Others commented that AMS should Register Notice (71 FR 27662), AMS cows are grass fed in Argentina. This require that a significant amount of the recognizes the synergistic nature commenter stated that this program grass in the animal’s diet come from between grass feeding and free-range discriminates against imported meat grass and forage consumed by animals conditions; however, AMS has and meat products, and is an added cost

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to the end user, as the costs to approve applicable FSIS regulatory approvals are be based on those various perceptions. the meat would be passed on to the in place. However, this issue is not within the consumer. scope of this marketing claim standard. Perceptions Associated With Grass Agency Responses: Relative to the Nutritional issues on labels are more (Forage) Fed Claim cost of AMS audit-based verification appropriately addressed through the services, every effort has been made to Comments: Many commenters offered FSIS, LPDD label approval process. make these services available in the reasons for producing and consuming most cost-effective manner possible to meat from grass fed animals. Additional Issues Raised all applicants. The cost of AMS’ Commenters stated that as a consumer Comments: Some commenters also verification services is outside the scope they wanted livestock raised in requested that the use of genetically of voluntary marketing claim standards. conditions that promote the animal’s engineered plants and forage be In response to the issue of penalties health and protect the environment, and prohibited and that specifically the for producers and handlers who utilize in conditions that will produce meat grass (forage) fed label should ensure a grass (forage) fed label without products that contain the healthiest the grass or forage used as feed not be participating in the USDA Process nutrients. sourced from pasture or harvested from Verified Program, it should be noted One commenter thought AMS should grasses using genetically engineered that all label claims, including the ones allow verifiable health claims, such as varieties of alfalfa, Bahia grass, tall verified by a USDA Process Verified low fat, or future verifiable health fescue, Italian ryegrass or other such Program, must be approved by FSIS, claims, such as Conjugated Linoleic grasses. LPDD. FSIS, LPDD develops and Acid (CLA) content. Another Several comments supported that the implements regulations and policies to commenter also disagreed with any standard covers all ruminants, including ensure that meat, poultry, and egg prohibition on any claims regarding cattle, goats, and sheep. However, product labeling is truthful and non- levels of Omega-3 fatty acids and CLA multiple commenters requested that the misleading. Under FMIA and PPIA, the in a specified serving of grass fed meat standard be written so as to clearly labels of products must be approved by versus an identical serving of grain fed indicate that dairy products derived the Secretary of Agriculture, who has meat. These commenters stated that from livestock meeting the grass (forage) delegated this authority to FSIS, before sufficient empirical scientific evidence fed standard can be marketed using these products can enter commerce. now exists to clearly document the grass (forage) fed claims. One Accordingly, all labeling issues and attributes of grass feeding in regard to commenter specifically proposed that questions, including requiring a USDA Omega-3 fatty acids and CLA. the grass (forage) fed claim be applied Process Verified Program for approval of Several commenters suggested that to all ruminant animal products a grass (forage) fed claim, transition while the exact benefits of increased including meat, meat products, milk, periods, and the use of grass fed in a CLA and the type and balance of milk products, animal fiber, and animal company’s name must be addressed by Omega-3 fatty acids are still under fiber products. Another commenter FSIS. evaluation, the possibility that meat asked that the standard address the The purpose of voluntarily derived from grass (forage) fed reality of what a grass fed chicken or a participating in a USDA Process ruminants is better for consumers grass fed pig will eat. Verified Program is to obtain AMS remains an open question. One One commenter also suggested that a verification for specific practices so that commenter stated that they support standardized spelling of grass fed be a livestock or meat producer’s products AMS’ position that requirements or determined to minimize confusion can be differentiated in the marketplace. characteristics beyond energy source among producers, marketers, Although producers and handlers may (i.e., level of CLA or Omega-3 fatty consumers, and industry organizations. use an approved grass (forage) fed label acids) should not be incorporated into Agency Responses: At this time, a without participating in a USDA QSVP, the standard. This commenter stated requirement prohibiting the use of the use of any official certificate, that not all forages are equal in fatty genetically engineered plants is not memoranda, marks, or other acid composition and feeding different included due to the lack of research identifications, and devices for purposes types of forages to different types of showing effects on animals consuming of the Agricultural Marketing Act cattle across the country can result in genetically engineered plants. Further, without complying with the program differing concentrations of CLA and this voluntary standard applies only to requirements may result in either a fine, Omega-3 fatty acids in the final product. meat products from ruminants. Milk, imprisonment, or both. Section 203(h) They agreed grass fed beef can contain milk products, animal fiber, and animal of the Agricultural Marketing Act of significantly higher levels of these fiber products are determined to be 1946 authorizes the imposition of fines, compounds than grain fed beef; outside the scope of this standard. AMS imprisonment, or both for anyone who however, they stated that the industry does agree a standardized spelling of knowingly falsifies any official lacks evidence to suggest that these grass fed would minimize confusion certificate, memorandum, mark, or other higher levels create a meaningful health and has applied a standardized spelling identification, or device for making such benefit for humans and agreed that this to the standard. mark or identification, with respect to issue warrants further investigation Accordingly, AMS establishes the inspection, class, grade, quality, size, based on sound science. following voluntary U.S. Standard for quantity, or condition, issued or Agency Responses: It will be up to the Livestock and Meat Marketing Claims, authorized pursuant to USDA QSVP. producer to make additional in this notice. Relative to foreign producers who distinctions in their meat products want to market grass (forage) fed beyond the grass (forage) fed claim. U.S. Standards for Livestock and Meat products in the United States, a cost- Further, it is up to an individual Marketing Claims, Grass (Forage) Fed effective, voluntary program to consumer to determine their reason for Claim for Ruminant Livestock and the substantiate label claims can be eating meat from animals fed grass Meat Products Derived From Such developed between USDA and the (forage). Reasons consumers list for Livestock. appropriate national-level counterpart consuming meat from grass fed animals Background: This claim applies to in the producer’s country provided differ widely and such standards would ruminant animals and the meat and

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meat products derived from such the amount, the frequency, and the this area due to dense, mature forests animals whose diet, throughout their supplements provided. with an abundance of down dead and lifespan, with the exception of milk (or Authority: 7 U.S.C. 1621–1627. ladder fuels and would be apt to change milk replacer) consumed prior to the area from mature forest to grasses weaning, is solely derived from forage, Dated: October 10, 2007. and forbs, damage existing seedlings, which for the purpose of this claim, is Lloyd C. Day, saplings and young forest. The loss of any edible herbaceous plant material Administrator, Agricultural Marketing vegetation would also create conditions that can be grazed or harvested for Service. conducive to excess soil erosion over feeding, with the exception of grain. [FR Doc. E7–20328 Filed 10–15–07; 8:45 am] the landscape. The Bridger-Teton Forage-based diets can be derived from BILLING CODE 3410–02–P National Forest Land and Resource grass (annual and perennial), forbs (e.g., Management Plan (LRMP) and the 2004 legumes, Brassica), and browse. Greys River Landscape Scale Animals cannot be fed grain or grain DEPARTMENT OF AGRICULTURE Assessment (LSA) have both identified byproducts and must have continuous opportunities for vegetation treatments Forest Service access to pasture during the growing to help improve resource conditions. season. Growing season is defined as the Bridger-Teton National Forest, Greys The LSA found that the lodgepole pine time period extending from the average River Ranger District, Wyoming. Upper vegetation in the Greys River falls date of the last frost in spring to the Greys Vegetation Treatment outside the range of properly average date of the first frost in the fall functioning condition and identified an in the local area of production. Hay, AGENCY: Forest Service, USDA. opportunity to treat over 7,000 acres by haylage, baleage, silage, crop residue ACTION: Notice of intent to prepare an 2010. without grain, and other roughage environmental impact statement. Alternative 1—Proposed Action sources also may be included as acceptable feed sources. Consumption SUMMARY: The analysis area of 11,855 This proposal was developed of seeds naturally attached to forage is acres is located in the Upper Greys primarily to help achieve desired acceptable. However, crops normally River watershed on the Greys River conditions described in the LSA while harvested for grain (including but not Ranger District of the Bridger-Teton responding to issues from previous limited to corn, soybean, rice, wheat, National Forest. It is approximately 20 public scoping, changes in resource and oats) are only eligible feed if they miles southeast of Afton, Wyoming on demand, and recently identified are foraged or harvested in the the west slope of the Wyoming Range. resource issues. It is designed to vegetative state (pre-grain). All lands within the 11,855 acre improve Forest resource conditions as identified in the LSA. Upon request, verification of this analysis area are National Forest System The proposal is to treat approximately claim will be accomplished through an lands, within Lincoln County, 591 acres and reduce existing sediment audit of the production process. The Wyoming. The legal description sources within the 11,855 acre analysis producer must be able to verify for AMS includes portions of: T30N, R116W and area which lies in the upper Greys River that the grass (forage) marketing claim T29N, R116W. drainage. The proposed action would standard requirements are being met DATES: Comments concerning the scope take place from approximately 2008 through a detailed documented quality of the analysis must be received by through 2011 and would include: management system. November 15, 2007. The draft environmental impact statement is 1. Commercial harvest of Claim and Standard expected in February 2008 and the final approximately 591 acres of mixed conifer timber. Grass (Forage) Fed—Grass and forage environmental impact statement is • expected in April 2008. Approximately 436 acres would be shall be the feed source consumed for treated using a clearcutting silvicultural ADDRESSES: the lifetime of the ruminant animal, Send written comments to: system. with the exception of milk consumed District Ranger, Greys River Ranger • Approximately 155 acres would be prior to weaning. The diet shall be District, P.O. Box 339, Afton, Wyoming. treated using a selection silvicultural derived solely from forage consisting of For further information, mail system to remove dead and dying trees, grass (annual and perennial), forbs (e.g., correspondence to: _ _ _ low vigor trees, or small groups of trees legumes, Brassica), browse, or cereal mailroom r4 bridger [email protected] less than 2 acres in size, while retaining grain crops in the vegetative (pre-grain) and on the subject line put only ‘‘Upper 40 to 70% of healthy trees in the stand. state. Animals cannot be fed grain or Greys River Vegetation Treatment.’’ • Approximately 4.5 miles of grain byproducts and must have FOR FURTHER INFORMATION CONTACT: temporary road would be constructed continuous access to pasture during the District Ranger, Greys River Ranger and then closed and rehabilitated after growing season. Hay, haylage, baleage, District, P.O. Box 339, 641 N. use. These would be mostly short spurs silage, crop residue without grain, and Washington St., Afton, Wyoming 83110, to access log landing areas off the main other roughage sources may also be or phone (307) 886–5310. roads. Approximately 1.5 miles of included as acceptable feed sources. SUPPLEMENTARY INFORMATION: existing closed roads would be used for Routine mineral and vitamin timber hauling and closed and supplementation may also be included Purpose and Need for Action rehabilitated after use. in the feeding regimen. If incidental The purpose of the proposed action is 2. Identifying segments of existing supplementation occurs due to to attain desired vegetation conditions logging roads and trails, including all inadvertent exposure to non-forage including increased diversity of tree age culverts and creek crossings, that have feedstuffs or to ensure the animal’s well and size classes, improve the health and the potential to erode, particularly those being at all times during adverse vigor of some mature timber stands and segments that are delivering, or have the environmental or physical conditions, reduce the risk of stand replacing fire. potential to deliver, sediment to stream the producer must fully document (e.g., It further reduces soil erosion and channels and other water bodies. receipts, ingredients, and tear tags) the sedimentation from existing sources. A Restore identified areas to Elimination supplementation that occurs including stand replacing fire is highly likely in Class 3 and 4 (as defined in the Forest

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Plan). Segments of the designated road environmental effects of the proposed impact statement may be waived or system would be reconstructed to action and alternatives. dismissed by the courts (City of Angoon improve drainage, reduce sediments, v. Hodel, 803 F.2d 1016, 1022 (9th Cir. Preliminary Issues ensure fish passage and provide 1986) and Wisconsin Heritages, Inc. v. improved public safety before log The Forest Service has identified the Harris, 490 F. Supp. 1334, 1338 (E.D. hauling could occur. following potential issues. Your input is Wis. 1980)). Because of these court 3. Treating slash created from timber especially valuable here. It will help us rulings, it is very important that those harvest by broadcast burn or pile burn. determine which of these merit detailed interested in this proposed action All treatments are planned within analysis. It will also help identify participate by the close of the 45-day Desired Future Condition (DFC) area 1B. additional issues related to the proposed comment period so that substantive The management emphasis for DFC 1B action that may not be listed here. comments and objections are made is scheduled wood fiber production and Issue 1—The effects of vegetative available to the Forest Service at a time use, livestock production, and other treatment on lynx foraging habitat, when it can meaningfully consider them commodity outputs. security cover for elk and other habitat, and respond to them in the final including Snake River cutthroat trout environmental impact statement. To Possible Alternatives habitat. assist the Forest Service in identifying Alternative 2—No Action Alternative Issue 2—The effects of vegetative and considering issues and concerns on treatment on forest health, specifically the proposed action, comments on the This alternative is required under the high proportion of older age class draft environmental impact statement NEPA regulations and also serves as a conifer stands and declining tree should be as specific as possible. It is baseline of information for comparison condition, including high dwarf also helpful if comments refer to of other alternatives. Though this mistletoe infection levels in lodgepole specific pages or chapters of the draft alternative does not respond to the pine. statement. Comments may also address purpose and need for action, it does Issue 3—The effects of vegetative the adequacy of the draft environmental address some issues. treatment on fuel loading. High fuel impact statement or the merits of the Responsible Official loadings exist in dead and down alternatives formulated and discussed in material, as well as from recent the statement. Reviewers may wish to Jay Dunbar, District Forest Ranger, mortality losses, due to mountain pine refer to the Council on Environmental Greys River Ranger District, Afton, beetle and long-term site productivity. Quality Regulations for implementing Wyoming. Issue 4—The effects of roads and the procedural provisions of the Nature of Decision To Be Made harvest activities on water quality. National Environmental Policy Act at 40 Comment Requested CFR 1503.3 in addressing these points. This decision will be whether or not Comments received, including the to implement specific vegetation This notice of intent initiates the names and addresses of those who management projects and associated scoping process which guides the comment, will be considered part of the road improvements, as allowed in the development of the environmental public record on this proposal and will LRMP and LSA. The decision would impact statement. be available for public inspection. include any mitigation measures needed in addition to those prescribed in the Early Notice of Importance of Public Authority: 40 CFR 1501.7 and 1508.22; LRMP. Participation in Subsequent Forest Service Handbook 1909.15, Section Environmental Review 21. Scoping Process The Draft EIS (DEIS) is proposed to be Dated: October 4, 2007. The Forest Service is seeking filed with the Environmental Protection Heidi Whitlatch, information, comments, and assistance Agency (EPA) and to be available for Acting District Forest Ranger. from individuals, organizations, tribal public comment in the winter of 2008. [FR Doc. 07–5072 Filed 10–15–07; 8:45 am] governments, and federal, state, and At that time, the EPA will publish a BILLING CODE 3410–11–M local agencies interested in or affected notice of availability for the DEIS in the by this project. In addition, comments Federal Register. The comment period submitted on the March 9, 2007 scoping on the DEIS will be 45 days from the BROADCASTING BOARD OF effort will also be considered in date the EPA publishes the notice of GOVERNORS preparation of the Draft Environmental availability in the Federal Register. The Impact Statement. Public participation Forest Service believes, at this early Meeting will be solicited by notifying in person stage, it is important to give reviewers and/or by mail known interested and notice of several court rulings related to Date and Time: Wednesday, October 17, affected publics. News releases will be public participation in the 2007. 1 p.m.–2:45 p.m. used to give the public general notice. environmental review process. First, Place: Office of Cuba Broadcasting, Public participation activities would reviewers of draft environmental impact Conference Room, 4201 NW. 77th Ave., include requests for written comments. statements must structure their Miami, FL 33166. The first formal opportunity to comment participation in the environmental Closed Meeting: The members of the is to respond to this notice of intent, review of the proposal so that it is Broadcasting Board of Governors (BBG) which initiates the scoping process (40 meaningful and alerts an agency to the will meet in closed session to review CFR 1501.7). Scoping includes: (1) reviewer’s position and contentions and discuss a number of issues relating Identifying potential issues, (2) (Vermont Yankee Nuclear Power Corp. to U.S. Government-funded non- narrowing the potential issues and v. NRDC, 435 U.S. 519, 553 (1978)). military international broadcasting. identifying significant issues of those Also, environmental objections that They will address internal procedural, that have been covered by prior could be raised at the draft budgetary, and personnel issues, as well environmental review, (3) exploring environmental impact statement stage as sensitive foreign policy issues alternatives in addition to No Action, but that are not raised until after relating to potential options in the U.S. and (4) identifying potential completion of the final environmental international broadcasting field. This

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meeting is closed because if open it received antidumping and the time for initiating an investigation in likely would either disclose matters that countervailing duty petitions filed by order to poll the domestic industry. would be properly classified to be kept Appleton Papers, Inc. (petitioner) on The Department will need additional secret in the interest of foreign policy behalf of the domestic industry time to analyze the domestic producers’ under the appropriate executive order (5 producing lightweight thermal paper. responses to the Department’s request U.S.C. 552b(c)(1)) or would disclose See Antidumping Duty Petitions on for information. Therefore, it is information the premature disclosure of Lightweight Thermal Paper from necessary to extend the deadline which would be likely to significantly Germany, the Republic of Korea, and determining the adequacy of the frustrate implementation of a proposed the People’s Republic of China and petition for a period not to exceed 40 agency action. (5 U.S.C. 552b(c)(9)(B)) In Countervailing Duty Petition on days from the filing of the petition. As addition, part of the discussion will Lightweight Thermal Paper from the a result, the initiation determination relate solely to the internal personnel People’s Republic of China (September will now be due no later than October and organizational issues of the BBG or 19, 2007) (Petitions). 29, 2007. the International Broadcasting Bureau. Determination of Industry Support for International Trade Commission (5 U.S.C. 552b(c)(2) and (6)) the Petition Notification CONTACT PERSON FOR MORE INFORMATION: Section 732(b)(1) of the Tariff Act of Persons interested in obtaining more The Department will contact the 1930, as amended (the Act), requires information should contact Carol International Trade Commission (ITC) that a petition be filed by or on behalf Booker at (202) 203–4545. and will make this extension notice of the domestic industry. Section available to the ITC. Dated: October 9, 2007. 732(c)(4)(A) of the Act provides that the Dated: October 09, 2007. Carol Booker, Department’s industry support Stephen J. Claeys, Legal Counsel. determination be based on whether a Deputy Assistant Secretary for Import [FR Doc. 07–5118 Filed 10–12–07; 12:01 pm] minimum percentage of the relevant Administration. BILLING CODE 8610–01–M industry supports the petition. A petition meets this requirement if the [FR Doc. E7–20345 Filed 10–15–07; 8:45 am] domestic producers or workers who BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE support the petition account for: (i) at least 25 percent of the total production DEPARTMENT OF COMMERCE International Trade Administration of the domestic like product; and (ii) more than 50 percent of the production International Trade Administration (A–428–840, A–580–860, A–570–920, C–570– of the domestic like product produced 921) by that portion of the industry A–533–838 Notice of Extension of the Deadline for expressing support for, or opposition to, the petition. Moreover, section Carbazole Violet Pigment 23 from Determining the Adequacy of the India: Extension of Time Limit for Antidumping Duty Petitions: 732(c)(4)(D) of the Act provides that, if the petition does not establish support Preliminary Results of Antidumping Lightweight Thermal Paper from Duty Administrative Review Germany, the Republic of Korea, and of domestic producers or workers the People’s Republic of China; and accounting for more than 50 percent of AGENCY: Import Administration, the Countervailing Duty Petition: the total production of the domestic like International Trade Administration, Lightweight Thermal Paper from the product, the Department shall: (i) poll Department of Commerce. People’s Republic of China the industry or rely on other information in order to determine if EFFECTIVE DATE: October 16, 2007. AGENCY: Import Administration, there is support for the petition, as FOR FURTHER INFORMATION CONTACT: International Trade Administration, required by subparagraph (A), or (ii) if Yang Jin Chun or Richard Rimlinger, Department of Commerce there is a large number of producers, AD/CVD Operations, Office 5, Import Administration, International Trade EFFECTIVE DATE: October 16, 2007. determine industry support using a Administration, U.S. Department of FOR FURTHER INFORMATION CONTACT: statistically valid sampling method to poll the industry. Commerce, 14th Street and Constitution Minoo Hatten at (202) 482–1690 and Avenue, NW., Washington, DC 20230; Dmitry Vladimirov at (202) 482–0665 Extension of Time telephone: (202) 482–5760 and (202) (Republic of Korea); Blanche Ziv at Section 732(c)(1)(A)(ii) of the Act 482–4477, respectively. (202) 482–4207, Hallie Zink at (202) provides that within 20 days of the SUPPLEMENTARY INFORMATION: 482–6907, and Scott Holland at (202) filing of an antidumping duty petition, 482–1279 (People’s Republic of China), the Department will determine, inter Background Victoria Cho at (202) 482–5075 and alia, whether the petition has been filed At the request of an interested party, Christopher Hargett at (202) 482–4161 by or on behalf of the U.S. industry the Department of Commerce (the (Germany), AD/CVD Operations, Import producing the domestic like product. Department) initiated the administrative Administration, International Trade Section 732(c)(1)(B) of the Act provides review of the antidumping duty order Administration, U.S. Department of that the deadline for the initiation on carbazole violet pigment 23 from Commerce, 14th Street and Constitution determination, in exceptional India for the period December 1, 2005, Avenue, NW., Washington, DC 20230. circumstances, may be extended by 20 through November 30, 2006. See SUPPLEMENTARY INFORMATION: days in any case in which the Initiation of Antidumping and EXTENSION OF INITIATION OF Department must ‘‘poll or otherwise Countervailing Duty Administrative INVESTIGATIONS determine support for the petition by Reviews and Request for Revocation in the industry.’’ Because it is not clear Part, 72 FR 5005 (February 2, 2007). On The Petitions from the petition whether the industry August 22, 2007, we extended the due On September 19, 2007, the support criteria have been met, the date for the completion of the Department of Commerce (Department) Department has determined to extend preliminary results of reviews by 45

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days. See Carbazole Violet Pigment 23 certain forged stainless steel flanges the scope of this order are cast stainless from India: Extension of Time Limit for from India. See Certain Forged Stainless steel flanges. Cast stainless steel flanges Preliminary Results of Antidumping Steel Flanges From India: Preliminary generally are manufactured to Duty Administrative Review, 72 FR Results of Antidumping Duty New specification ASTM A–351. The flanges 46954 (August 22, 2007). The Shipper Administrative Review, 72 FR subject to this order are currently preliminary results of the review are 41706 (July 31, 2007) (Preliminary classifiable under subheadings currently due no later than October 19, Results). The merchandise covered by 7307.21.10.00 and 7307.21.50.00 of the 2007. this review is certain forged stainless Harmonized Tariff Schedule of the Extension of Time Limit for Preliminary steel flanges, manufactured by Micro United States (HTSUS). Although the Results of Antidumping Duty Forge (India) (Micro Forge), as described HTSUS subheading is provided for Administrative Review in the ‘‘Scope of the Order’’ section of convenience and customs purposes, the this notice. The period of review (POR) written description of the merchandise Section 751(a)(3)(A) of the Tariff Act is February 1, 2006 through July 31, under review is dispositive of whether of 1930, as amended (the Act), requires 2006. We invited parties to comment on or not the merchandise is covered by the the Department to make a preliminary our Preliminary Results. We received no scope of the order. determination within 245 days after the comments. Therefore, the final results Final Results of the Review last day of the anniversary month of an are unchanged from those presented in order for which a review is requested the preliminary results. The final We determine the following and a final determination within 120 weighted–average dumping margin for percentage weighted–average margin days after the date on which the Micro Forge is listed below in the exists for the period February 1, 2006, preliminary determination is published. section entitled ‘‘Final Results of the through July 31, 2006: If it is not practicable to complete the Review.’’ review within these time periods, Weighted Average section 751(a)(3)(A) of the Act allows EFFECTIVE DATE: October 16, 2007. Manufacturer / Exporter Margin (percent- the Department to extend the time limit FOR FURTHER INFORMATION CONTACT: age) Michael J. Heaney, or Robert James, AD/ for the preliminary determination to a Micro Forge ...... 210.00 maximum of 365 days after the last day CVD Operations, Office 7, Import Administration, International Trade of the anniversary month. Liquidation We determine that it is not practicable Administration, U.S. Department of to complete the preliminary results of Commerce, 14th Street and Constitution The Department shall determine, and this review within the original time Avenue, NW, Washington, DC 20230; U.S. Customs and Border Protection limit because we need additional time telephone: (202) 482–4475 or (202) 482– (CBP) shall assess, antidumping duties to obtain and analyze information 0649, respectively. on all appropriate entries. In this regarding suspended entries of the SUPPLEMENTARY INFORMATION: review, the Department is applying an subject merchandise during the period adverse facts available rate of 210.00 of review. Therefore, we are extending Background percent to Micro Forge’s U.S. sales. The the time period for issuing the On July 31, 2007, the Department Department intends to issue assessment preliminary results of this review by 45 published the preliminary results of the instructions to CBP 15 days after the days until December 3, 2007. antidumping duty new shipper date of publication of these final results This notice is published in administrative review of certain forged of review. We will direct CBP to assess accordance with section 751(a)(3)(A) of stainless steel flanges from India. See the appropriate assessment rate (210 the Act and 19 CFR 351.213(h)(2). Preliminary Results. The review covers percent) against the entered Customs Dated: October 10, 2007. Micro Forge, and the POR is February 1, values for the subject merchandise on each of Micro Forge’s entries under the Stephen J. Claeys, 2006, through July 31, 2006. In the Preliminary Results, we assigned Micro relevant order during the POR. Deputy Assistant Secretaryfor Import Forge a margin based on adverse facts Administration. Cash Deposit Requirements available. We invited parties to [FR Doc. E7–20346 Filed 10–15–07; 8:45 am] comment. We received no comments. The following cash deposit BILLING CODE 3510–DS–S requirements will be effective upon Scope of the Order publication of the final results of this The products covered by this order administrative review for all shipments DEPARTMENT OF COMMERCE are certain forged stainless steel flanges, of the subject merchandise entered, or International Trade Administration both finished and not finished, withdrawn from warehouse, for generally manufactured to specification consumption on or after the date of [A–533–809] ASTM A–182, and made in alloys such publication, as provided by section as 304, 304L, 316, and 316L. The scope 751(a)(1) of the Tariff Act of 1930, as Certain Forged Stainless Steel Flanges includes five general types of flanges. amended (the Tariff Act): (1) for the From India; Notice of Final Results of They are weld–neck, used for butt–weld company named above, the cash deposit Antidumping Duty New Shipper line connection; threaded, used for rates will be the rate shown; (2) for Review threaded line connections; slip–on and previously reviewed or investigated AGENCY: Import Administration, lap joint, used with stub–ends/butt– companies not listed above, the cash International Trade Administration, weld line connections; socket weld, deposit rate will continue to be the Department of Commerce. used to fit pipe into a machined company–specific rate published for the SUMMARY: On July 31, 2007, the recession; and blind, used to seal off a most recent period; (3) if the exporter is Department of Commerce (the line. The sizes of the flanges within the not a firm covered in this review, a prior Department) published the preliminary scope range generally from one to six review, or the original less–than–fair– results of the new shipper inches; however, all sizes of the above– value (LTFV) investigation, but the administrative review in the described merchandise are included in manufacturer is, the cash deposit rate antidumping duty order covering the scope. Specifically excluded from will be the rate established for the most

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recent period for the manufacturer of Department’’) published the preliminary of silicon by weight, and silicon metal the merchandise; and (4) the cash results of its new shipper reviews of the with a higher aluminum content deposit rate for all other manufacturers antidumping duty order on silicon containing between 89 and 96 percent or exporters will continue to be 162.14 metal from the People’s Republic of silicon by weight. The merchandise percent. This rate is the ‘‘All Others’’ China (‘‘PRC’’). See Silicon Metal From under investigation is currently rate from the amended final the People’s Republic of China: classifiable under item numbers determination in the LTFV Preliminary Results of the 2005/2006 2804.69.10 and 2804.69.50 of the investigation. See Amended Final New Shipper Reviews, 72 FR 28467 Harmonized Tariff Schedule of the Determination and Antidumping Duty (May 21, 2007) (Preliminary Results). United States (‘‘HTSUS’’) as a chemical Order; Certain Forged Stainless Steel Based on our analysis of the record, product, but is commonly referred to as Flanges From India, 59 FR 5994 including information obtained since a metal. Semiconductor–grade silicon (February 9, 1994). These cash deposit the preliminary results, we have made (silicon metal containing by weight not requirements shall remain in effect until changes to the margin calculations for less than 99.99 percent of silicon and further notice. both Jiangxi Gangyuan Silicon Industry provided for in subheading 2804.61.00 This notice also serves as a final Co. Ltd. (‘‘Jiangxi Gangyuan’’) and of the HTSUS) is not subject to this reminder to importers of their Shanghai Jinneng International Trade order. This order is not limited to responsibility under 19 CFR Co., Ltd.(Shanghai Jinneng’’). See Final silicon metal used only as an alloy agent 351.402(f)(2) to file a certificate Results of Review section, below. or in the chemical industry. Although regarding the reimbursement of EFFECTIVE DATE: October 16, 2007. the HTSUS subheading is provided for convenience and customs purposes, the antidumping or countervailing duties FOR FURTHER INFORMATION CONTACT: Scot written description of the merchandise prior to liquidation of the relevant Fullerton or Michael Quigley, AD/CVD is dispositive. entries during this review period. Operations, Office 9, Import Failure to comply with this requirement Administration, International Trade New Shipper Status could result in the Secretary’s Administration, U.S. Department of presumption that reimbursement of For these final results, no party has Commerce, 14th Street and Constitution contested the bona fides of either antidumping or countervailing duties Avenue, NW., Washington, DC 20230; occurred and the subsequent assessment Respondent’s sales, therefore we telephone: (202) 482–1386 or (202) 482– continue to find, as in the Preliminary of doubled antidumping duties. 4047, respectively. This notice also serves as a reminder Results, that both Respondents have met SUPPLEMENTARY INFORMATION: to parties subject to administrative the requirements to qualify as a new protective orders (APO) of their Background shipper during the POR and that the Respondents’ sale of silicon metal to the responsibility concerning the return or On May 21, 2007, the Department destruction of proprietary information United States is an appropriate published the preliminary results of its transaction for a new shipper. disclosed under APO in accordance new shipper reviews of the antidumping with 19 CFR 351.305. Timely written duty order on silicon metal from the Changes Since the Preliminary Results notification of the return or destruction PRC, and invited parties to comment on Based on the comments received from of APO materials or conversion to the preliminary results. See Preliminary the interested parties, we have made judicial protective order is hereby Results. The new shipper reviews cover changes to the margin calculation for requested. Failure to comply with the one exporter, Shanghai Jinneng and its both Jiangxi Gangyuan and Shanghai regulations and terms of an APO is a affiliated producer, Datong Jinneng Jinneng. violation which is subject to sanction. Industrial Silicon Co., Inc. (‘‘Datong Analysis of Comments Received We are issuing and publishing this Jinneng’’), and one producer/exporter: notice in accordance with sections Jiangxi Gangyuan (hereinafter In the case and rebuttal briefs 751(a)(1) and 777(i)(1) of the Tariff Act collectively ‘‘Respondents’’). See received from the parties after the and 19 CFR 351.221(b)(5). Preliminary Results. The period of Preliminary Results, we received Dated: October 9, 2007. review (‘‘POR’’) for these new shipper comments on several issues, including David M. Spooner, reviews is June 1, 2005, through May 31, the surrogate country selection and Assistant Secretary for Import 2006. surrogate values used to value (1) Administration. On June 11, 2007, we received electricity and (2) overhead, selling, [FR Doc. E7–20347 Filed 10–15–07; 8:45 am] additional data from both Respondents general and administrative expenses, BILLING CODE 3510–DS–S and Globe Metallurgical Inc. and profit . All issues raised in the case (‘‘Petitioner’’) regarding factors of briefs are addressed in the Issues and production. On June 25, 2007, we Decision Memorandum, which is hereby DEPARTMENT OF COMMERCE received Respondents’ case brief, and on adopted by this notice. A list of the June 26, 2007, we received Petitioner’s issues raised, all of which are in the International Trade Administration case brief. On July 2, 2007, we received Issues and Decision Memorandum, is the Respondents’ rebuttal brief, and on attached to this notice as Appendix I. A–570–806 July 3, 2007, we received the Parties can find a complete discussion Silicon Metal from the People’s Petitioner’s rebuttal brief. On July 30, of all issues raised in the briefs and the Republic of China: Notice of Final 2007, we held both a public and a corresponding recommendations in this Results of 2005/2006 New Shipper closed hearing, and the transcripts of public memorandum on file in the Reviews these hearings were placed on the Central Records Unit (‘‘CRU’’), room B– record on August 6, 2007. 099 of the Herbert C. Hoover Building. AGENCY: Import Administration, In addition, a complete version of the International Trade Administration, Scope of the Order Issues and Decision Memorandum can Department of Commerce. The product covered by the order and be accessed directly on the Web at SUMMARY: On May 21, 2007, the this review is silicon metal containing at . The paper copy Department of Commerce (‘‘the least 96.00 but less than 99.99 percent and electronic version of the Issues and

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Decision Memorandum are identical in Cash Deposits Company–Specific Issues: Jiangxi content. Gangyuan The following cash–deposit Final Results of Review requirements will be effective upon Comment 9: Clerical Errors in publication of the final results of these Calculating Freight We determine that the following Comment 10: June 2005 Electricity antidumping duty margins exist: new shipper reviews for all shipments of subject merchandise from Shanghai Consumption Comment 11: Work–In-Process Jinneng and Jiangxi Gangyuan entered, SILICON METAL FROM THE PRC Inventory or withdrawn from warehouse, for Comment 12: Silica Fume Offset During Weighted– consumption on or after the publication POR Manufacturer/Exporter Average date, as provided by section 751 (a) (2) Margin Company–Specific Issues: Shanghai (Percent) (C) of the Tariff Act of 1930, as amended (‘‘the Act’’): (1) For subject merchandise Jinneng / Datong Jinneng Shanghai Jinneng International produced and exported by Jiangxi Comment 13: Silicon Metal Fines Trade Company Ltd...... 7.93 Gangyuan, or produced by Datong Valuation Jiangxi Gangyuan Silicon Indus- Jinneng and exported by Shanghhai Comment 14: Packing Bags Valuation try Co. Ltd...... 50.62 Jinneng, the cash–deposit rate will be Comment 15: High Aluminum Quartz PRC–wide Rate ...... 139.49 that established in the final results of Comment 16: Quartz Yield Loss these reviews; (2) for subject Comment 17: Instructions to Customs For details on the calculation of the merchandise exported by Shanghai [FR Doc. E7–20344 Filed 10–15–07; 8:45 am] antidumping duty margin for Shanghai Jinneng but not manufactured by Datong BILLING CODE 3510–DS–S Jinneng, see Memorandum to the File, Jinneng, the cash deposit rate will through Scot T. Fullerton, Program continue to be the PRC–wide rate (i.e., Manager, from Michael Quigley, 139.49 percent); and (3) for subject DEPARTMENT OF COMMERCE International Trade Analyst, regarding merchandise exported by Shanghai Silicon Metal from the People’s Jinneng, but manufactured by any other International Trade Administration Republic of China - Analysis party, the cash deposit rate will be the A–570–894 Memorandum for the Final Results of PRC–wide rate (i.e., 139.49 percent). New Shipper Review of Shanghai Certain Tissue Paper Products from Notification to Importers Jinneng International Trade Company the People’s Republic of China: Final Ltd. (October 9, 2007). A public version This notice serves as a final reminder Results and Final Rescission, In Part, of this memorandum is on file in the to importers of their responsibility of Antidumping Duty Administrative CRU. Review For details on the calculation of the under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement antidumping duty margin for Jiangxi AGENCY: Import Administration, Gangyuan, see Memorandum to the File, of antidumping duties prior to International Trade Administration, through Scot T. Fullerton, Program liquidation of the relevant entries Department of Commerce. Manager, from Michael Quigley, during this review period. Failure to SUMMARY: On April 9, 2007, the U.S. International Trade Analyst, regarding comply with this requirement could Department of Commerce (the Silicon Metal from the People’s result in the Secretary’s presumption Department) published the preliminary Republic of China - Analysis that reimbursement of antidumping results of the first administrative review Memorandum for the Final Results of duties occurred and the subsequent of the antidumping duty order on New Shipper Review of Jiangxi assessment of double antidumping certain tissue paper products (tissue Gangyuan Silicon Industry Co. duties. paper) from the People’s Republic of Ltd.(October 9, 2007). A public version These reviews and notice are in China (PRC). See Certain Tissue Paper of this memorandum is also on file in accordance with sections 751(a)(1), Products from the People’s Republic of the CRU. 751(a)(2) and 777(i)(1) of the Act and 19 China: Preliminary Results and CFR 351.221(b)(5). Preliminary Rescission, In Part, of Assessment of Antidumping Duties Dated: October 9, 2007. Antidumping Duty Administrative The Department will determine, and David M. Spooner, Review, 72 FR 17477, (April 9, 2007) U.S. Customs and Border patrol (‘‘CBP’’) (Preliminary Results). This review Assistant Secretary for Import shall assess, antidumping duties on all Administration. covers the following exporters and/or appropriate entries. The Department producer/exporters: (1) Max Fortune intends to issue assessment instructions Appendix I Industrial Limited and Max Fortune to CBP 15 days after the date of General Issues (FETDE) Paper Products Co., Ltd. publication of these final results of (collectively, Max Fortune); (2) Samsam review. For assessment purposes for Comment 1: Selection of Surrogate Productions Ltd. and Guangzhou Baxi companies with a calculated rate, where Country Printing Products Co., Ltd. (Guangzhou possible, we calculated importer– Comment 2: Electricity Valuation Baxi) (collectively, Samsam); (3) Foshan specific assessment rates for silicon Sansico Co., Ltd., PT Grafitecindo metal from the PRC via ad valorem duty Comment 3: Selection of Financial Ciptaprima, PT Printec Perkasa, PT assessment rates based on the ratio of Statements Printec Perkasa II, PT Sansico Utama, the total amount of the dumping Comment 4: Quartz Valuation Sansico Asia Pacific Limited margins calculated for the examined Comment 5: Silica Fume By–Product (collectively, the Sansico Group); (4) sales to the total entered value of those Valuation Vietnam Quijiang Paper Co., Ltd. same sales during the POR. We will Comment 6: Steam Coal Valuation (Quijiang); (5) China National Aero– instruct CBP to assess antidumping Technology Import & Export Xiamen duties on all appropriate entries covered Comment 7: Charcoal Valuation Corp. (China National); (6) Putian City by this review. Comment 8: Electrode Usage Hong Ye Paper Products Co., Ltd. (Hong

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Ye); (7) Putian City Chengxiang Qu Li regarding Verification of the Factors to which its unaffiliated supplier would Feng (Chengxiang); (8) Kepsco, Inc. Responses of Max Fortune (FETDE) agree, if the Department’s verifiers (Kepsco); and (9) Giftworld Enterprise Paper Products Co., Ltd. (MFPP) in the wished to visit the supplier’s facilities. Co., Ltd. (Giftworld). The period of Antidumping Duty Review of Certain On June 22, 2007, the Department review (POR) is September 21, 2004, Tissue Paper from the People’s Republic informed the Sansico Group that it through February 28, 2006. Based on of China, dated July 12, 2007. See also would proceed with verification of the our analysis of the comments received Memorandum to the File, regarding Sansico Group but would not visit the and verification findings, we have made Verification of the Sales Responses of facilities of its unaffiliated supplier if changes to certain surrogate values and Max Fortune Industrial Limited in the the Department would not be allowed to to Max Fortune’s margin. In addition, Antidumping Duty Review of Certain verify the supplier’s books and records we have determined to rescind this Tissue Paper from the People’s Republic for the POR.1 of China, dated July 12, 2007 (Max review with respect to Samsam. On June 25, 2007, the Department Therefore, the final results differ from Fortune Sales Verification Report). On May 15, 2007, the Department verified the ‘‘no shipment’’ responses of the Preliminary Results. We are also the Sansico Group in Jakarta, Indonesia, rescinding this review with respect to verified the sales responses of Samsam at the production facilities of PT Printec the Sansico Group and Quijiang. at its facilities in Hong Kong. From May Perkasa. See Memorandum to James C. EFFECTIVE DATE: October 16, 2007. 16 to May 18, 2007, the Department verified the factors of production Doyle, Director, AD/CVD Operations, FOR FURTHER INFORMATION CONTACT: responses of Guangzhou Baxi at its Office 9, regarding Verification of Sales Kristina Horgan or Bobby Wong, AD/ facilities in Guangzhou, PRC, and on Response of The Sansico Group in the CVD Operations, Office 9, Import May 19, 2007, the Department verified Antidumping Duty Administrative Administration, International Trade the factors of production responses of Review of Certain Tissue Paper From Administration, U.S. Department of Guilin Samsam Paper Products Ltd. the People’s Republic of China, dated Commerce, 14th Street and Constitution (Guilin Samsam) at its facilities in July 13, 2007. Avenue, NW., Washington, DC 20230; Guilin, PRC. On May 21, 2007, the On July 13, 2007, we invited parties telephone: (202) 482–8173 or (202) 482– Department verified the sales responses 0409, respectively. to comment on our Preliminary Results. of Samsam Premiums Ltd. (St. Clair On July 20, 2007, the Sansico Group SUPPLEMENTARY INFORMATION: Pakwell) at its facilities in Orange, CA. requested a seven–day extension of the Background See Memorandum to the File, regarding deadline to submit rebuttal briefs, and Verification of the Sales & Factors We published the preliminary results on July 25, 2007, the Department Responses of Samsam Productions granted that request. On July 31, 2007, of the first administrative review on Limited in the Antidumping Duty April 9, 2007, in the Federal Register. the Department requested that the Review of Certain Tissue Paper Products Sansico Group place on the record the See Preliminary Results. Since the from the People’s Republic of China, Preliminary Results, the following Indonesian law stating that special dated July 12, 2007. See also permission is needed to audit the events have occurred: Memorandum to the File, regarding On April 11, 2007, Seaman Paper financial records of state–owned Verification of the Factors Responses of companies, as described in the Sansico Company of Massachusetts (petitioner) Guangzhou Baxi Productions Limited submitted comments on the Group’s letter to the Department dated and Guilin Samsam Paper Products Ltd. July 30, 2007.2 On August 1, 2007, the Department’s April 2, 2007, in the Antidumping Duty Review of Sansico Group placed this information memorandum concerning telephone Certain Tissue Paper Products from the on the record. conversations with U.S. representatives People’s Republic of China, dated July of two producers of papermaking 12, 2007. See also Memorandum to the On August 3, 2007, we received case machines. On April 19, 2007, we issued File, regarding Verification of the Sales briefs from Max Fortune, the Sansico a memorandum stating that the Responses of Samsam Premiums Ltd. Group, and Target Corporation, an Department would postpone the briefing (d.b.a. St. Clair Pakwell) in the interested party to this proceeding. On schedule for the final results until Antidumping Duty Review of Certain August 6, 2007, we received case briefs verification reports were issued for Max Tissue Paper Products from the People’s from petitioner and Samsam. On August Fortune and Samsam. On April 23, Republic of China, dated July 12, 2007. 16, 2007, Max Fortune requested a one– 2007, the Sansico Group filed comments On May 18, 2007, the Sansico Group day extension of the deadline to submit responding to petitioner’s April 11, responded to the comments submitted rebuttal briefs, and on August 16, 2007, 2007, submission. On May 2, 2007, the by petitioner on May 3, 2007, while on the Department granted that request. We Department issued a second May 22, 2007, we received the received rebuttal briefs from petitioner, supplemental questionnaire to the supplemental questionnaire response Max Fortune, and Samsam on August Sansico Group. On May 3, 2007, from the Sansico Group. On June 22, 20, 2007. On August 21, 2007, we petitioner submitted comments on the 2007, the Department spoke via received one additional rebuttal brief Sansico Group’s April 23, 2007, telephone with counsel for the Sansico from petitioner and a rebuttal brief from submission. On May 9, 2007, both Group about the verification of its the Sansico Group. On August 22, 2007, petitioner and the Sansico Group unaffiliated supplier, scheduled for June both petitioner and the Sansico Group requested a hearing. 27, 2007. In this conversation, counsel submitted letters withdrawing their From May 7 through May 9, 2007, the for the Sansico Group informed the separate requests for a hearing. Department conducted a verification of Department that the Sansico Group’s Max Fortune’s factors of production unaffiliated supplier would not permit 1 See Memorandum to the File, regarding information at its facilities in Fujian, verification of all the information and Telephone Call Regarding Verification of Sansico Fuzhou, PRC, while on May 11 and May sources of information listed in the Group’s Indonesian Supplier, dated June 25, 2007. 14, 2007, the Department conducted a Department’s June 15, 2007, verification 2 See Letter to the Secretary from the Sansico Group, regarding Response to Department’s Request verification of Max Fortune’s sales outline. The Sansico Group also placed During the Verification of Sansico Group in Certain information at its facilities in Hong a letter on the record, dated June 22, Tissue Paper Products from the People’s Republic Kong. See Memorandum to the File, 2007, outlining the limited procedures of China (July 30, 2007).

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Scope of the Antidumping Duty Order Analysis of Comments Received received from interested parties on this issue, the Department has made a final The tissue paper products subject to All issues raised in the briefs are addressed in the Memorandum to David determination to rescind this review this order are cut–to–length sheets of with regard to Samsam. The Department tissue paper having a basis weight not M. Spooner, Assistant Secretary for Import Administration, regarding Issues has concluded that the single sale made exceeding 29 grams per square meter. by Samsam during the POR was not a Tissue paper products subject to this and Decision Memorandum for the Final Results in the First Administrative bona fide commercial transaction. order may or may not be bleached, dye– Review of Certain Tissue Paper Products Specifically, the price, quantity, and colored, surface–colored, glazed, surface from the People’s Republic of China, timing of the sale, taken into decorated or printed, sequined, dated October 9, 2007 (Issues and consideration with the unique crinkled, embossed, and/or die cut. The Decision Memorandum), which is circumstances of the transaction, have tissue paper subject to this order is in hereby adopted by this notice. A list of led the Department to conclude that this the form of cut–to–length sheets of the issues raised, all of which are in the was not a legitimate commercial tissue paper with a width equal to or Issues and Decision Memorandum, is transaction. Accordingly, the greater than one–half (0.5) inch. Subject attached to this notice as Appendix I. Department is rescinding the review tissue paper may be flat or folded, and Parties can find a complete discussion with respect to Samsam. For an in– may be packaged by banding or of all issues raised in the briefs and the depth discussion on this issue, see wrapping with paper or film, by placing corresponding recommendations in this Comment 4 of the Issues and Decision in plastic or film bags, and/or by placing public memorandum, which is on file in Memorandum; see also Memorandum to in boxes for distribution and use by the the Central Records Unit (CRU), room James C. Doyle, Director, AD/CVD ultimate consumer. Packages of tissue B–099 of the Department of Commerce. Operations, Office 9, regarding The paper subject to this order may consist In addition, a complete version of the Bona Fides Analysis of Samsam solely of tissue paper of one color and/ Issues and Decision Memorandum can Productions, Ltd.; Guangzhou Baxi or style, or may contain multiple colors be accessed directly on the Internet at Printing Products, Ltd.; Guilin Samsam and/or styles. http://ia.ita.doc.gov/. The paper copy Paper Products, Ltd.; and St. Clair Pakwell (collectively ‘‘Samsam’’) in the The merchandise subject to this order and electronic version of the Issues and First Administrative of Certain Tissue does not have specific classification Decision Memorandum are identical in content. Paper Products from the People’s numbers assigned to them under the Republic of China, dated October 9, Harmonized Tariff Schedule of the Partial Rescission of Administrative 2007. United States (HTSUS). Subject Review merchandise may be under one or more Separate Rates of several different subheadings, In the Preliminary Results, the Department issued a notice of intent to Max Fortune requested a separate, including: 4802.30; 4802.54; 4802.61; company–specific antidumping duty 4802.62; 4802.69; 4804.31.1000; rescind this administrative review with respect to the Sansico Group and rate. In the Preliminary Results, we 4804.31.2000; 4804.31.4020; found that Max Fortune met the criteria 4804.31.4040; 4804.31.6000; 4804.39; Quijiang. We stated in the Preliminary Results that we would solicit additional for the application of a separate 4805.91.1090; 4805.91.5000; information prior to the final results of antidumping duty rate. See Preliminary 4805.91.7000; 4806.40; 4808.30; this review from the Sansico Group to Results, 72 FR at 17480. The 4808.90; 4811.90; 4823.90; 4820.50.00; confirm the veracity of its no shipment Department did not receive comments 4802.90.00; 4805.91.90; 9505.90.40. The claims. See Preliminary Results, 72 FR on this issue prior to these final results. tariff classifications are provided for at 17480. Based on our analysis of Moreover, we have not received any convenience and customs purposes; information and comments received information since the Preliminary however, the written description of the Results with respect to Max Fortune that 3 from interested parties on this issue, scope of this order is dispositive. including a verification of the Sansico would warrant reconsideration of our Excluded from the scope of this order Group, the Department has determined separate–rates determination with are the following tissue paper products: to rescind this review with regard to the respect to this company. Therefore, we (1) Tissue paper products that are Sansico Group. See Issues and Decision have assigned an individual dumping coated in wax, paraffin, or polymers, of Memorandum at Comment 3 for further margin to Max Fortune for this review a kind used in floral and food service discussion on this issue. period. applications; (2) tissue paper products The Department did not receive Use of Facts Otherwise Available and that have been perforated, embossed, or comments on the preliminary decision the PRC–Wide Rate die–cut to the shape of a toilet seat, i.e., to rescind this review with regard to disposable sanitary covers for toilet Quijiang. See Preliminary Results, 72 FR In the Preliminary Results, we found seats; (3) toilet or facial tissue stock, at 17480. As the Department has no that China National, Hong Ye, towel or napkin stock, paper of a kind evidence to challenge this finding, the Chengxiang, Kepsco, and Giftworld did used for household or sanitary Department is rescinding this not respond in a complete and timely purposes, cellulose wadding, and webs administrative review with respect to manner to the Department’s requests for of cellulose fibers (HTSUS Quijiang.4 information, and hence do not qualify 4803.00.20.00 and 4803.00.40.00). Finally, due to information for separate rates. Rather, we found that discovered at verification and our China National, Hong Ye, Chengxiang, 3 On January 30, 2007, at the direction of U.S. analysis of information and comments Kepsco, and Giftworld are appropriately Customs and Border Protection (CBP), the considered to be part of the PRC–wide Department added the following HTSUS 4 The Department notes that Quijiang is currently entity, subject to the PRC–wide rate. See classifications to the AD/CVD module for tissue subject to an anti-circumvention inquiry in tissue Preliminary Results, 72 FR at 17480– paper: 4802.54.3100, 4802.54.6100, and paper from the PRC. See Certain Tissue Paper 4823.90.6700. However, we note that the six-digit Products from the People’s Republic of China: 17481. The Department did not receive classifications for these numbers were already listed Initiation of Anti-circumvention Inquiry, 71 FR comments on this issue prior to these in the scope. 53662 (September 12, 2006). final results.

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The Department also did not receive determination under section 753, or (4) from the People’s Republic of China, comments on its preliminary any other information placed on the dated October 9, 2007. determination to apply adverse facts record. Final Results of Review available (AFA) to the PRC–wide entity For the final results, in accordance (including China National, Hong Ye, with sections 776(a)(2) and 776(b) of the We determine that the following Chengxiang, Kepsco, and Giftworld) and Act, the Department has determined antidumping duty margins exist: has no evidence to challenge this that Max Fortune did not act to the best finding. Therefore, we have not altered of its ability in providing necessary CERTAIN TISSUE PAPER FROM THE our decision to apply total AFA to the information involving missing sale(s) PRC PRC–wide entity (including China and certain sale(s) discounts, as found at Individually Reviewed Exporters National, Hong Ye, Chengxiang, Kepsco, verification, with respect to Max and Giftworld) for these final results, in Fortune’s U.S. sales database. See Issues Max Fortune Industrial accordance with sections 776(a)(2)(A) and Decision Memorandum, at Ltd...... 0.07% and (B) and section 776(b) of the Tariff Comment 7, and Max Fortune Sales PRC–Wide Rate. Verification Report at 2 and 14 and 18– PRC–Wide Rate (in- Act of 1930, as amended (the Act). See cluding China Na- id. for a complete discussion of the 19. Thus, as partial AFA the Department tional, Hong Ye, Department’s decision to apply total has applied the PRC–wide rate of 112.64 Chengxiang, Kepsco, AFA to the PRC–wide entity (including percent to the missing sale and and Giftworld) ...... 112.64% China National, Hong Ye, Chengxiang, incorporated the sale into Max Fortune’s Kepsco, and Giftworld). margin calculation. See Memorandum For details on the calculation of the to the File, regarding Certain Tissue antidumping duty weighted–average Changes since the Preliminary Results Paper from the People’s Republic of margin for Max Fortune, see Max Based on comments received from the China (PRC): Max Fortune Industrial Fortune Analysis Memo. A public interested parties and findings at Limited and Max Fortune (FETDE) version of this memorandum is on file verification, we have made the Paper Products Co., Ltd. (collectively, in the CRU. following company–specific changes to Max Fortune) Analysis Memorandum Max Fortune’s margin calculation. 1) for the Final Results of Review, dated Assessment Rates The Department revised certain of Max October 9, 2007 (Max Fortune Analysis Pursuant to section 751(a)(2)(A) of the Fortune’s freight and insurance Memo). Because the Department used Act and 19 CFR 351.212(b), the expenses. See Max Fortune Sales secondary information in this partial Department will determine, and CBP Verification Report at 2 and 20. 2) The AFA determination, the Department shall assess, antidumping duties on all Department did not deduct domestic corroborated the secondary information appropriate entries. The Department insurance expenses from Max Fortune’s in accordance with section 776(c) of the intends to issue assessment instructions sales. See Max Fortune Sales Act and determined the PRC wide rate to CBP 15 days after the date of Verification Report at 2 and 20. 3) The to be both reliable and relevant. See publication of these final results of Department subtracted certain billing Issues and Decision Memorandum, at review. For assessment purposes, where adjustments from Max Fortune’s U.S. Comment 7. possible, we calculated importer– sales. See Issues and Decision Also, as facts available, the specific assessment rates for tissue Memorandum, at Comment 7, and Max Department has used information on the paper from the PRC via ad valorem duty Fortune Sales Verification Report at 2 record to apply one sales discount to all assessment rates based on the ratio of and 16–17. of Max Fortune’s sales of subject the total amount of the dumping Section 776(a)(2) of the Act provides merchandise to a certain U.S. customer. margins calculated for the examined that if an interested party: (A) As partial AFA, the Department has sales to the total entered value of those Withholds information that has been calculated a second discount using an same sales. We will instruct CBP to requested by the Department; (B) fails to adverse value and also applied the assess antidumping duties on all provide such information in a timely discount to all of Max Fortune’s sales of appropriate entries covered by this manner or in the form or manner subject merchandise to a certain U.S. review. requested, subject to subsections customer, regardless of whether each Cash Deposit Requirements 782(c)(1) and 782(e) of the Act; (C) sale was subject to the discount. See significantly impedes a determination Max Fortune Analysis Memo. Because The following cash deposit under the antidumping statute; or (D) the Department used information requirements will be effective upon provides such information but the gathered in the course of the instant publication of these final results of this information cannot be verified, the review for the facts available and the administrative review for all shipments Department shall, subject to subsection partial AFA discount determinations, of the subject merchandise entered, or 782(d) of the Act, use facts otherwise there was no need for the Department to withdrawn from warehouse, for available in reaching the applicable corroborate the information used, consumption on or after the publication determination. pursuant to section 776(c) of the Act. date, as provided for by section Section 776(b) of the Act states that if See Issues and Decision Memorandum, 751(a)(2)(C) of the Act: (1) For Max the administering authority finds that an at Comment 7. Fortune, the Department has calculated interested party has not acted to the best For the final results, we also revised a de minimus margin for these final of its ability to comply with a request our calculation of surrogate financial results, and therefore no cash deposit for information, the administering ratios for factory overhead, and used the will be required for this company; (2) authority may, in reaching its revised ratio in our margin calculation. for previously investigated or reviewed determination, use an inference that is See Issues and Decision Memorandum, PRC and non–PRC exporters not listed adverse to that party. The adverse at Comment 2. See also Memorandum to above that have separate rates, the cash inference may be based upon: (1) The the File, regarding Factors of Production deposit rate will continue to be the petition, (2) a final determination in the Valuation Memorandum for the Final exporter–specific rate published for the investigation under this title, (3) any Results of Antidumping Administrative most recent period; (3) for all PRC previous review under section 751 or Review of Certain Tissue Paper Products exporters of subject merchandise that

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have not been found to be entitled to a Max Fortune–Related Issues Services and Technology Rights): Export separate rate, including those Comment 7: Application of Adverse Trade Facilitation Services, including, companies for which this review has Facts Available based on Verification but not limited to, professional services been rescinded, the cash deposit rate Findings in the areas of government relations and will be the PRC–wide rate of 112.64 [FR Doc. E7–20349 Filed 10–15–07; 8:45 am] assistance with state and federal percent; and (4) for all non–PRC programs; foreign trade and business BILLING CODE 3510–DS–S exporters of subject merchandise which protocol; consulting; market research have not received their own rate, the and analysis; collection of information cash deposit rate will be the rate DEPARTMENT OF COMMERCE on trade opportunities; marketing; applicable to the PRC exporters that negotiations; joint ventures; shipping; supplied that non–PRC exporter. These International Trade Administration export management; export licensing; deposit requirements, when imposed, advertising; documentation and services shall remain in effect until further Export Trade Certificate of Review related to compliance with customs notice. AGENCY: International Trade requirements; insurance and financing; trade show exhibitions; organizational Notification to Interested Parties Administration, Department of Commerce. development; management and labor This notice also serves as the final strategies; transfer of technology; ACTION: Notice of Issuance of an Export transportation services; and facilitating reminder to importers of their Trade Certificate of Review, Application the formation of shippers’ associations. responsibility under 19 CFR 351.402(f) No. 07–00001. to file a certificate regarding the Export Markets reimbursement of antidumping duties SUMMARY: On October 10, 2007, the U.S. prior to liquidation of the relevant Department of Commerce issued an The Export Markets include all parts entries during this review period. Export Trade Certificate of Review to of the world except the United States Failure to comply with this requirement East International Holdings, LLC (the fifty states of the United States, the could result in the Secretary’s (‘‘EIH’’). This notice summarizes the District of Columbia, the presumption that reimbursement of conduct for which certification has been Commonwealth of Puerto Rico, the antidumping duties occurred and in the granted. Virgin Islands, American Samoa, Guam, subsequent assessment of double FOR FURTHER INFORMATION CONTACT: the Commonwealth of the Northern antidumping duties. Jeffrey C. Anspacher, Director, Export Mariana Islands, and the Trust Territory This notice also serves as the only Trading Company Affairs, International of the Pacific Islands). reminder to parties subject to Trade Administration, by telephone at Export Trade Activities and Methods of administrative protective order (APO) of (202) 482–5131 (this is not a toll-free Operation their responsibility concerning the number), or by E-mail at return/destruction or conversion to [email protected]. 1. With respect to the sale of Products and Services, licensing of Technology judicial protective order of proprietary SUPPLEMENTARY INFORMATION: Title III of Rights, and provision of Export Trade information disclosed under APO in the Export Trading Company Act of Facilitation Services, EIH may: accordance with 19 CFR 351.305(a)(3). 1982 (15 U.S.C. Sections 4001–21) a. Provide and/or arrange for the Failure to comply is a violation of the authorizes the Secretary of Commerce to APO. issue Export Trade Certificates of provisions of Export Trade Facilitation This administrative review and this Review. The regulations implementing Services; notice are published in accordance with Title III are found at 15 CFR Part 325 b. Engage in promotional and sections 751(a)(1) and 777(i)(1) of the (2006). marketing activities and collect Act. Export Trading Company Affairs information on trade opportunities in the Export Markets and distribute such Dated: October 9, 2007. (‘‘ETCA’’) is issuing this notice pursuant to 15 CFR 325.6(b), which requires the information to clients; David M. Spooner, U.S. Department of Commerce to c. Enter into exclusive and/or non- Assistant Secretaryfor Import Administration. publish a summary of the certification exclusive licensing and/or sales APPENDIX I in the Federal Register. Under Section agreements with Suppliers for the 305(a) of the Act and 15 CFR 325.11(a), export of Products, Services, and/or General Issues any person aggrieved by the Secretary’s Technology Rights to Export Markets; Comment 1: Zeroing determination may, within 30 days of d. Enter into exclusive and/or non- Comment 2: Classification of Expenses the date of this notice, bring an action exclusive agreements with distributors in Financial Ratios in any appropriate district court of the and/or sales representatives in Export United States to set aside the Markets; Company–Specific Issues determination on the ground that the e. Allocate export sales or divide Sansico Group–Related Issues determination is erroneous. Export Markets among Suppliers for the sale and/or licensing of Products, Comment 3: Rescission of The Sansico Description of Certified Conduct Services, and/or Technology Rights; Group Export Trade f. Allocate export orders among Samsam–Related Issues 1. Products: All products. Suppliers; 2. Services: All services. g. Establish the price of Products, Comment 4a: Application of Adverse 3. Technology Rights: Technology Services, and/or Technology Rights for Facts Available based on Verification Rights, including, but not limited to, sales and/or licensing in Export Findings patents, trademarks, copyrights and Markets; Comment 4b: Verification Findings trade secrets that relate to Products and h. Negotiate, enter into, and/or Comment 5: Other Verification Findings Services. manage licensing agreements for the Comment 6: Clerical Errors in 4. Export Trade Facilitation Services export of Technology Rights; and Preliminary Results (as they relate to the Export of Products, i. Enter into contracts for shipping.

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2. EIH and its individual Suppliers Other Conduct invention is available for licensing in may regularly exchange information on Nothing in this Certificate prohibits accordance with 35 U.S.C. 207 and 37 a one-on-one basis regarding that EIH from engaging in conduct not CFR Part 404 to achieve expeditious Supplier’s inventories and near-term specified in this Certificate, but such commercialization of results of federally production schedules so EIH may conduct is subject to the normal funded research and development. determined the availability of Products application of the antitrust laws. FOR FURTHER INFORMATION CONTACT: for export and effectively coordinated Disclaimer Technical and licensing information on with its distributors in Export Markets. this invention may be obtained by Terms and Conditions of Certificate The issuance of this Certificate of writing to: National Institute of Review to EIH by the Secretary of Standards and Technology, Office of 1. EIH, including its officers, Commerce with the concurrence of the Technology Partnerships, Attn: Mary employees or agents, shall not Attorney General under the provisions Clague, Building 222, Room A155, intentionally disclose, directly or of the Act does not constitute, explicitly Gaithersburg, MD 20899. Information is indirectly, to any Supplier (including or implicitly, an endorsement or also available via telephone: 301–975– parent companies, subsidiaries, or other opinion by the Secretary of Commerce 4188, fax 301–975–3482, or e-mail: entities related to any Supplier) any or the Attorney General concerning [email protected]. Any request for information about any other Supplier’s either (a) the viability or quality of the information should include the NIST costs, production, capacity, inventories, business plans of EIH or its Members or Docket number and title for the domestic prices, domestic sales, terms (b) the legality of such business plans of invention as indicated below. of domestic marketing or sale, or U.S. EIH or its Members under the laws of business plans, strategies, or methods the United States (other than as SUPPLEMENTARY INFORMATION: NIST may unless such information is already provided in the Act) or under the laws enter into a Cooperative Research and generally available to the trade or of any foreign country. Development Agreement (‘‘CRADA’’) public. The application of this Certificate to with the licensee to perform further research on the invention for purposes 2. EIH will comply with requests conduct in Export Trade where the of commercialization. The invention made by the Secretary of Commerce on United States Government is the buyer available for licensing is: behalf of the Secretary or the Attorney or where the United States Government General for information or documents bears more than half the cost of the [NIST Docket Number: 06–010] transaction is subject to the limitations relevant to conduct under the Title: Self-Assembled Monolayer set forth in Section V(D) of the Certificate. The Secretary of Commerce Based Silver Switches. will request such information or ‘‘Guidelines for the Issuance of Export Abstract: The invention is a two-state documents when either the Attorney Trade Certificates of Review (Second switching device based on two General or the Secretary believes that Edition),’’ 50 FR 1786 (January 11, electrodes separated by a self-assembled the information or documents are 1985). monolayer. At least one of the required to determine that the Export A copy of the certificate will be kept electrodes may be composed of silver Trade, Export Trade Activities and in the International Trade and the other electrode of any Methods of Operation of a person Administration’s Freedom of electrically conductive material, such as protected by this Certificate of Review Information Records Inspection Facility, metals, especially gold or platinum. In continue to comply with the standards Room 4100, U.S. Department of the high-resistance OFF state, the two of Section 303(a) of the Act. Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. electrodes are separated by a non- Definition electrically conducting organic Dated: October 10, 2007. monolayer. Application of a negative ‘‘Supplier’’ means a person who Jeffrey Anspacher, threshold bias causes a silver ion produces, provides, or sells a Product Director, Export Trading Company Affairs. filament to grow within the monolayer and/or Services. [FR Doc. E7–20307 Filed 10–15–07; 8:45 am] and bridge the gap between the two Protection Provided by Certificate BILLING CODE 3510–DR–P electrodes, changing the device into a low-resistance ON state. The device may This Certificate protects EIH and its be turned OFF by application of a directors, officers, and employees acting DEPARTMENT OF COMMERCE positive threshold bias, which causes on its behalf from private treble damage the ionic filament to retract back into National Institute of Standards and actions and government criminal and the silver electrode. The device is easy Technology civil suits under U.S. federal and state to fabricate, smaller than currently antitrust laws for the export conduct available devices, and because the only specified in the Certificate and carried Notice of Government Owned Invention Available for Licensing required components are silver, another out during its effective period in electrode and a self-assembled compliance with its terms and AGENCY: National Institute of Standards monolayer between them, it should be conditions. and Technology, Commerce. possible to incorporate this switch into Effective Period of Certificate ACTION: Notice of Government owned a variety of device geometries. invention available for licensing. This Certificate continues in effect Dated: October 3, 2007. from the effective date indicated below SUMMARY: The invention listed below is James M. Turner, until it is relinquished, modified, or owned in whole by the U.S. Acting Director. revoked as provided in the Act and the Government as represented by the [FR Doc. E7–20355 Filed 10–15–07; 8:45 am] Regulations. Department of Commerce. The BILLING CODE 3510–13–P

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DEPARTMENT OF COMMERCE Caribbean Council FMP and a joint Gulf members, present and voting, of the of Mexico and South Atlantic Council Caribbean Council. Similarly, the Gulf National Oceanic and Atmospheric FMP. All three Southeast fishery of Mexico and South Atlantic Councils Administration management councils have expressed Spiny Lobster FMP amendment and RIN 0648–AV61 concern recently about the effects of associated DEIS must be approved by imports of spiny lobster that are smaller those Councils. After the Councils Fisheries of the Caribbean, Gulf of than the size limits in the U.S. spiny approve this document, the DEIS will be Mexico, and South Atlantic; lobster FMPs. In many instances, submitted to NMFS for filing with the Amendment 3 to the Fishery imports are also undersized based on Environmental Protection Agency Management Plan for the Spiny size limits established in the country of (EPA). The EPA will publish a notice of Lobster Fishery of the Caribbean and origin. Many Caribbean and Central and availability of the DEIS for public Amendment 5 to the Joint Fishery South American nations share these comment in the Federal Register. The Management Plan for the Spiny concerns, and scientific evidence DEIS will have a 45-day comment Lobster Fishery of the Gulf of Mexico suggests that larvae from one area or period. This procedure is pursuant to and South Atlantic region within this species’ range may regulations issued by the Caribbean contribute to stock recruitment in other Council on Environmental Quality AGENCY: National Marine Fisheries areas or regions. (CEQ) for implementing the procedural Service (NMFS), National Oceanic and The Caribbean Council has expressed provisions of the National Atmospheric Administration (NOAA), intent to amend its Spiny Lobster FMP Environmental Policy Act (NEPA; 40 Commerce. to consider application of a minimum CFR parts 1500–1508) and to NOAA’s ACTION: Notice of intent to prepare a size limit on imported spiny lobster. Administrative Order 216–6 regarding draft environmental impact statement NMFS believes amendment of the Gulf NOAA’s compliance with NEPA and the (DEIS); scoping meetings; request for of Mexico and South Atlantic Spiny CEQ regulations. comments. Lobster FMP should be addressed The Councils will consider public concurrently. After conferring with the comments received on the DEIS in SUMMARY: The Caribbean Fishery Gulf of Mexico and South Atlantic developing the final environmental Management Council (Caribbean Councils, the Caribbean Council was impact statement (FEIS) and before Council) intends to prepare a DEIS to designated as the administrative lead to adopting final management measures for describe and analyze management address spiny lobster issues. Thus, the the amendment. The Councils will alternatives to be included in an Caribbean Council will prepare one submit both the final joint amendment amendment to the Fishery Management document, which contains an and the supporting FEIS to NMFS for Plan (FMP) for the Spiny Lobster amendment to the Caribbean Spiny review by the Secretary of Commerce Fishery of Puerto Rico and the U.S. Lobster FMP and also an amendment to (Secretary) under the Magnuson-Stevens Virgin Islands and the FMP for the the Gulf and South Atlantic Spiny Fishery Conservation and Management Spiny Lobster Fishery of the Gulf of Lobster FMP. Act. Mexico and South Atlantic. These The Caribbean Council will develop a NMFS will announce, through a alternatives will consider measures to DEIS to describe and analyze notice published in the Federal implement a minimum import size on management alternatives to implement a Register, the availability of the final spiny lobster. The purpose of this notice minimum size limit on imported spiny joint amendment for public review of intent is to solicit public comments lobster. The amendment will provide during the Secretarial review period. on the scope of issues to be addressed updates to the best available scientific During Secretarial review, NMFS will in the DEIS. information regarding Panulirus argus, also file the FEIS with the EPA for a DATES: Written comments on the scope and based on that information, the final 30-day public comment period. of issues to be addressed in the DEIS Councils will determine what actions This comment period will be concurrent must be received by the Caribbean and alternatives are necessary to protect with the Secretarial review period and Council by November 15, 2007. A series spiny lobster throughout its range. will end prior to final agency action to of scoping meetings will be held in Those alternatives may include, but are approve, disapprove, or partially October 2007. See SUPPLEMENTARY not limited to: A ‘‘no action’’ alternative approve the final joint amendment. INFORMATION for the specific dates, regarding the fishery; alternatives to NMFS will announce, through a times, and locations of the scoping restrict the minimum import size based notice published in the Federal meetings. on carapace length; alternatives to Register, all public comment periods on restrict the minimum import size based the final joint amendment, its proposed ADDRESSES: Written comments on the on tail length; and alternatives to restrict implementing regulations, and its scope of the DEIS and requests for the importation of meat, which is not associated FEIS. NMFS will consider all additional information on the whole lobster or tailed lobster. public comments received during the amendment should be sent to the In accordance with NOAA’s Secretarial review period, whether they Caribbean Fishery Management Council, Administrative Order NAO 216–6, are on the final amendment, the 268 Mun˜ oz Rivera Avenue, Suite 1108, Section 5.02(c), the Caribbean Council proposed regulations, or the FEIS, prior San Juan, Puerto Rico 00918; telephone: has identified this preliminary range of to final agency action. 787–766–5927; fax: 787–766–6239. alternatives as a means to initiate Comments may also be sent by e-mail to discussion for scoping purposes only. Scoping Meeting Dates, Times, and [email protected]. This may not represent the full range of Locations FOR FURTHER INFORMATION CONTACT: alternatives that eventually will be All scoping meetings are scheduled to Graciela Garcia-Moliner; phone: 787– evaluated by the Caribbean Council. be held from 7 p.m. to 10 p.m. The 766–5927; fax: 787–766–6239; e-mail: Once the Caribbean Council meetings will be physically accessible to [email protected]. completes the DEIS associated with the people with disabilities. Request for SUPPLEMENTARY INFORMATION: Spiny amendment to the Spiny Lobster sign language interpretation or other Lobster (Panulirus argus) in the Fishery of the Caribbean, it must be auxiliary aids should be directed to the Southeast Region is managed under a approved by a majority of the voting Caribbean Council (see ADDRESSES).

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October 16—Windward Passage Dated: October 11, 2007. use the product commercially, the Hotel, Charlotte Amalie, St. Thomas, Tracey L. Thompson, subject patent would be eligible for an USVI. Acting Director, Office of Sustainable extension of the patent term under 35 October 17—Buccaneer Hotel, Fisheries, National Marine Fisheries Service. U.S.C. 156, and that the patent should Christiansted, St Croix, USVI. [FR Doc. E7–20322 Filed 10–15–07; 8:45 am] be extended for one year as required by October 23—Pierre Hotel, De Diego BILLING CODE 3510–22–S 35 U.S.C. 156(d)(5)(B). Because it is Avenue, San Juan, PR. apparent that the regulatory review period will continue beyond the October 24—Ponce Golf and Casino DEPARTMENT OF COMMERCE expiration date of the patent (November Resort, 1150 Caribe Avenue, Ponce, PR. 20, 2007), interim extension of the October 25—Mayaguez Holiday Inn, Patent and Trademark Office patent term under 35 U.S.C. 156(d)(5) is 2701 Highway #2, Mayaguez, PR. [Docket No. PTO–P–2007–0037] appropriate. Authority: 16 U.S.C. 1801 et seq. An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. Dated: October 11, 2007. Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; 4,971,802 is granted for a period of one Alan D. Risenhoover, MIFAMURTIDE year from the expiration date of the Director, Office of Sustainable Fisheries, patent, i.e., until November 20, 2008. National Marine Fisheries Service. AGENCY: United States Patent and [FR Doc. 07–5107 Filed 10–11–07; 4:13 pm] Trademark Office, Commerce. Dated: October 4, 2007. Jon W. Dudas, BILLING CODE 3510–22–P ACTION: Notice of Interim Patent Term Under Secretary of Commerce for Intellectual Extension. Property and Director of the United States Patent and Trademark Office. DEPARTMENT OF COMMERCE SUMMARY: The United States Patent and Trademark Office has issued a [FR Doc. E7–20372 Filed 10–15–07; 8:45 am] National Oceanic and Atmospheric certificate under 35 U.S.C. 156(d)(5) for BILLING CODE 3510–16–P Administration a one-year interim extension of the term of U.S. Patent No. 4,971,802. DEPARTMENT OF ENERGY RIN: 0648–XD37 FOR FURTHER INFORMATION CONTACT: Raul Tamayo by telephone at (571) 272–7728; North Pacific Fishery Management Federal Energy Regulatory by mail marked to his attention and Council; Public Meeting Commission addressed to the Commissioner for [IC07–574–001, FERC–574] AGENCY: National Marine Fisheries Patents, Mail Stop Hatch-Waxman PTE, Service (NMFS), National Oceanic and P.O. Box 1450, Alexandria, VA 22313– 1450; by fax marked to his attention at Commission Information Collection Atmospheric Administration (NOAA), Activities, Proposed Collection; Commerce. (571) 273–7728, or by e-mail to [email protected]. Comment Request; Extension ACTION: Notice of a public meeting. SUPPLEMENTARY INFORMATION: Section October 4, 2007. AGENCY: Federal Energy Regulatory SUMMARY: The North Pacific Fishery 156 of Title 35, United States Code, Management Council (Council) Salmon generally provides that the term of a Commission. Bycatch Workgroup will meet in patent may be extended for a period of ACTION: Notice. up to five years if the patent claims a Anchorage, AK. SUMMARY: product, or a method of making or using In compliance with the DATES: The meeting will be held on a product, that has been subject to requirements of section 3507 of the November 2, 2007, from 9 a.m. to 2 p.m. certain defined regulatory review, and Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy ADDRESSES: The meeting will be held at that the patent may be extended for the Hawthorn Suites, 1110 West 8th interim periods of up to a year if the Regulatory Commission (Commission) Avenue, Anchorage, AK. regulatory review is anticipated to has submitted the information extend beyond the expiration date of the collection described below to the Office Council address: North Pacific of Management and Budget (OMB) for Fishery Management Council, 605 W. patent. On August 8, 2007, IDM Pharma, review and extension of this 4th Ave., Suite 306, Anchorage, AK information collection requirement. Any 99501–2252. agent/licensee of patent owner Novartis, timely filed an application under 35 interested person may file comments FOR FURTHER INFORMATION CONTACT: U.S.C. 156(d)(5) for an interim extension directly with OMB and should address Diana Stram, Council staff; telephone: of the term of U.S. Patent No. 4,971,802. a copy of those comments to the (907) 271–2809 Claims of the patent cover the product Commission as explained below. The SUPPLEMENTARY INFORMATION: The Mifamurtide having the active Commission did not receive any Committee will discuss salmon bycatch ingredient muramyl tripeptide comments in response to an earlier cap formulation alternatives for Bering phosphatidyl ethanolamine. The Federal Register notice of May 29, 2007 Sea and Aleutian Islands trawl fisheries application indicates, and the Food and (72 FR 29489–29490) and has made this and develop recommendations. Drug Administration has confirmed, notification in its submission to OMB. Copies of the submission were also Special Accommodations that a New Drug Application for the human drug product Mifamurtide has submitted to the commenters. This meeting is physically accessible been filed and is currently undergoing DATES: Comments on the collection of to people with disabilities. Requests for regulatory review before the Food and information are due by November 13, sign language interpretation or other Drug Administration for permission to 2007. auxiliary aids should be directed to Gail market or use the product commercially. ADDRESSES: Address comments on the Bendixen at (907) 271–2809 at least 7 Review of the application indicates collection of information to the Office of working days prior to the meeting date. that, except for permission to market or Management and Budget, Office of

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Information and Regulatory Affairs, 1. Collection of Information: FERC DEPARTMENT OF ENERGY Attention: Federal Energy Regulatory 574 ‘‘Gas Pipeline Certificates: Hinshaw Commission Desk Officer. Comments to Exemption.’’ Federal Energy Regulatory OMB should be filed electronically, c/o 2. Sponsor: Federal Energy Regulatory Commission [email protected] and Commission. include the OMB Control No. as a point 3. Control No. 1902–0116. [Docket No. CP06–143–001] of reference. The Desk Officer may be The Commission is now requesting reached by telephone at 202–395–7345. Algonquin Gas Transmission, LLC; that OMB approve and extend the A copy of the comments should also be Notice of Compliance Filing expiration date for an additional three sent to the Federal Energy Regulatory years with no changes to the existing Commission, Office of the Executive October 5, 2007. collection. The information filed with Director, ED–34, Attention: Michael Take notice that on October 1, 2007, the Commission is mandatory. Miller, 888 First Street, NE., Algonquin Gas Transmission, LLC Washington, DC 20426. Comments may 4. Necessity of the Collection of (Algonquin) tendered for filing as part of be filed either in paper format or Information: Submission of the its FERC Gas Tariff, Fifth Revised electronically. Those persons filing information is necessary for the Volume No. 1, the tariff sheets listed on electronically do not need to make a Commission to carry out its Appendix A to the filing, to be effective paper filing. For paper filings an responsibilities in implementing the November 1, 2007. statutory provisions of the sections 1(c), original and 14 copies, of such Algonquin states that the filing is comments should be submitted to the 4 and 7 of the Natural Gas Act (NGA) (15 U.S.C. 717–717w). Natural Gas being made in compliance with the Secretary of the Commission, Federal ‘‘Ordering Issuing Certificate,’’ issued by Energy Regulatory Commission, 888 pipeline companies file applications with the Commission furnishing the Commission on September 22, 2006 First Street, NE., Washington, DC 20426 in the captioned proceeding. and should refer to Docket No. IC07– information in order for a determination Any person desiring to protest this 574–001. to be made as to whether the applicant qualifies for an exemption under the filing must file in accordance with Rule Documents filed electronically via the provisions of the Natural Gas Act 211 of the Commission’s Rules of Internet must be prepared in (section 1(c)). If the exemption is Practice and Procedure (18 CFR WordPerfect, MS Word, Portable granted, the pipeline is not required to 385.211). Protests to this filing will be Document Format, or ASCII format. To file certificate applications, rate considered by the Commission in file the document, access the schedules, or any other application or determining the appropriate action to be Commission’s Web site at http:// forms prescribed by the Commission. taken, but will not serve to make www.ferc.gov and click on ‘‘Make an E- The exemption applies to companies protestants parties to the proceeding. Filing,’’ and then follow the instructions Such protests must be filed on or before for each screen. First time users will engaged in the transportation or sale for resale of natural gas in interstate the date as indicated below. Anyone have to establish a user name and filing a protest must serve a copy of that password. The Commission will send an commerce if: (a) They receive gas at or within the boundaries of the state from document on all the parties to the automatic acknowledgement to the proceeding. sender’s e-mail address upon receipt of another person; (b) such gas is comments. User assistance for electronic transported, sold, consumed within The Commission encourages filings is available at 202–502–8258 or such state; (c) the rates, service and electronic submission of protests in lieu by e-mail to [email protected]. Comments facilities of such company are subject to of paper using the ‘‘eFiling’’ link at should not be submitted to this e-mail regulation by a State Commission. http://www.ferc.gov. Persons unable to address. The Commission implements these file electronically should submit an All comments may be viewed, printed filing requirements in the Code of original and 14 copies of the protest to or downloaded remotely via the Internet Federal Regulations (CFR) under 18 CFR the Federal Energy Regulatory through FERC’s homepage using the part 152. Commission, 888 First Street, NE., ‘‘eLibrary’’ link. Enter the docket 5. Respondent Description: The Washington, DC 20426. number excluding the last three digits in respondent universe currently This filing is accessible on-line at the docket number field to access the comprises 1 company (on average) http://www.ferc.gov, using the document. For user assistance, contact subject to the Commission’s ‘‘eLibrary’’ link and is available for [email protected] or toll- jurisdiction. review in the Commission’s Public free at 1–866–208–3676 or 202–502– 6. Estimated Burden: 245 total hours, Reference Room in Washington, DC. 6652 (e-mail at 1 respondent (average), 1 response per There is an ‘‘eSubscription’’ link on the [email protected]), or the respondent, and 245 hours per response Web site that enables subscribers to Public Reference Room at 202–502– (rounded off and average time). receive e-mail notification when a 8371, TTY 202–502–8659 (e-mail at 7. Estimated Cost Burden to document is added to a subscribed [email protected]). respondents: 245 hours/2080 hours per docket(s). For assistance with any FERC years × $122,137 per year = $14,386. Online service, please e-mail FOR FURTHER INFORMATION CONTACT: [email protected], or call Michael Miller may be reached by The cost per respondent is equal to $14,386. (866) 208–3676 (toll free). For TTY, call telephone at (202) 502–8415, by fax at (202) 502–8659. (202) 273–0873, and by e-mail at Statutory Authority: Statutory provisions [email protected]. of sections 1(c), 4 and 7 of the Natural Gas Comment Date: 5 p.m. Eastern Time Act (NGA) (15 U.S.C. 717–717w). October 15, 2007. SUPPLEMENTARY INFORMATION: Kimberly D. Bose, Kimberly D. Bose, Description Secretary. Secretary. The information collection submitted [FR Doc. E7–20286 Filed 10–15–07; 8:45 am] [FR Doc. E7–20295 Filed 10–15–07; 8:45 am] for OMB review contains the following: BILLING CODE 6717–01–P BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY of approximately 1,200 MMcf of associated with the Commission’s maximum daily injection capability and environmental review process. Federal Energy Regulatory approximately 1,200 MMcf of maximum Environmental commenters will not be Commission daily withdrawal capability. Black required to serve copies of filed [Docket Nos. CP07–451–000; CP07–452– Bayou seeks authorization to charge documents on all other parties. 000; CP07–453–000] market-based rates for its proposed However, the non-party commenters services. will not receive copies of all documents Black Bayou Storage LLC; Notice of Any questions regarding this filed by other parties or issued by the Application application should be directed to John Commission (except for the mailing of R. Staffier, Stuntz, Davis & Staffier, P.C., environmental documents issued by the October 9, 2007. 555 Eleventh Street, NW., Suite 550, Commission) and will not have the right Take notice that on September 25, Washington, DC 20004, or via telephone to seek court review of the 2007, Black Bayou Storage LLC (Black at (202) 638–6588, facsimile at (202) Commission’s final order. Bayou), 6733 South Yale Avenue, Tulsa, 638–6581, or e-mail The Commission strongly encourages Oklahoma 74136, filed with the [email protected]. electronic filings of comments, protests Commission an application, pursuant to There are two ways to become and interventions via the Internet in lieu section 7(c) of the Natural Gas Act, and involved in the Commission’s review of of paper. See, 18 CFR 385.2001(a)(1)(iii) Subpart F of Part 157, and Subpart G of this project. First, any person wishing to and the instructions on the Part 284 of the Commission’s obtain legal status by becoming a party Commission’s Web site (http:// Regulations for: (1) A certificate of to the proceedings for this project www.ferc.gov) under the ‘‘e-Filing’’ link. public convenience and necessity in should, on or before the comment date Comment Date: October 30, 2007. Docket No. CP07–451–000 authorizing stated below, file with the Federal Black Bayou to construct and operate a Energy Regulatory Commission, 888 Kimberly D. Bose, natural gas storage facility and pipeline First Street, NE., Washington, DC 20426, Secretary. facilities connecting with a motion to intervene in accordance [FR Doc. E7–20320 Filed 10–15–07; 8:45 am] Transcontinental Gas Pipe Line with the requirements of the BILLING CODE 6717–01–P (Transco) and Kinder Morgan Louisiana Commission’s Rules of Practice and Pipeline LLC (Kinder Morgan) in Procedure (18 CFR 385.214 or 385.211) Cameron Parish, Louisiana; (2) a blanket and the Regulations under the NGA (18 DEPARTMENT OF ENERGY certificate in Docket No. CP07–452–000 CFR 157.10). A person obtaining party authorizing Black Bayou to construct, status will be placed on the service list Federal Energy Regulatory acquire, operate and abandon facilities; maintained by the Secretary of the Commission and (3) a blanket certificate in Docket Commission and will receive copies of [Docket No. PR08–1–000] No. CP07–453–000 authorizing Black all documents filed by the applicant and Bayou to provide open-access firm and by all other parties. A party must submit Enogex Inc.; Notice of Petition for Rate interruptible interstate natural gas 14 copies of filings made with the Approval storage and storage related services and Commission and must mail a copy to the associated pre-granted abandonment the applicant and to every other party in October 9, 2007. authorization, as more fully set forth in the proceeding. Only parties to the Take notice that on October 1, 2007, the application which is open to public proceeding can ask for court review of Enogex Inc., (Enogex) filed a petition for inspection. This filing may be also Commission orders in the proceeding. approval of zonal rates for interruptible viewed on the Web at http:// However, a person does not have to transportation services, pursuant to www.ferc.gov using the ‘‘eLibrary’’ link. intervene in order to have comments section 284.123(b)(2) of the Enter the docket number excluding the considered. The second way to Commission’s regulations. Enogex last three digits in the docket number participate is by filing with the requests that the Commission approve a field to access the document. For Secretary of the Commission, as soon as maximum interruptible transportation assistance, please contact FERCOnline possible, an original and two copies of rate of $0.3785 per MMBtu for service Support at comments in support of or in opposition furnished in the East Zone and a [email protected] or toll to this project. The Commission will maximum interruptible transportation free at (866) 208–3676, or TTY, contact consider these comments in rate of $0.0969 per MMBtu for service (202) 502–8659. determining the appropriate action to be furnished in the West Zone provided. Black Bayou proposes to construct, taken, but the filing of a comment alone Enogex requests the maximum own, operate, and maintain a natural gas will not serve to make the filer a party interruptible transportation rates it storage facility on the Black Bayou salt to the proceeding. The Commission’s proposes to charge for services, dome in Cameron Parish, approximately rules require that persons filing pursuant to section 311 of the Natural 15 miles west of Hackberry, Louisiana. comments in opposition to the project Gas Policy Act to become effective Black Bayou states that it would provide copies of their protests only to January 1, 2008. construct and operate approximately the party or parties directly involved in Any person desiring to participate in 2.45 miles of 30-inch diameter pipeline the protest. this rate proceeding must file a motion connecting with Transco and Persons who wish to comment only to intervene or to protest this filing must approximately 4.7 miles of 24-inch on the environmental review of this file in accordance with Rules 211 and diameter pipeline connecting with project should submit an original and 214 of the Commission’s Rules of Kinder Morgan. Black Bayou also states two copies of their comments to the Practice and Procedure (18 CFR 385.211 that it would construct and operate a Secretary of the Commission. and 385.214). Protests will be compressor station with a total of 18,940 Environmental commenters will be considered by the Commission in HP. Black Bayou further states that the placed on the Commission’s determining the appropriate action to be underground salt cavern storage facility environmental mailing list, will receive taken, but will not serve to make would have a total working gas capacity copies of the environmental documents, protestants parties to the proceeding. of 15 billion cubic feet (Bcf) with a total and will be notified of meetings Any person wishing to become a party

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must file a notice of intervention or Procedure (18 CFR 385.211, 385.214). accordance with Rules 211 and 214 of motion to intervene, as appropriate. Protests will be considered by the the Commission’s Rules of Practice and Such notices, motions, or protests must Commission in determining the Procedure (18 CFR 385.211, 385.214). be filed on or before the date as appropriate action to be taken, but will Protests will be considered by the indicated below. Anyone filing an not serve to make protestants parties to Commission in determining the intervention or protest must serve a the proceeding. Any person wishing to appropriate action to be taken, but will copy of that document on the Applicant. become a party must file a notice of not serve to make protestants parties to Anyone filing an intervention or protest intervention or motion to intervene, as the proceeding. Any person wishing to on or before the intervention or protest appropriate. Such notices, motions, or become a party must file a notice of date need not serve motions to intervene protests must be filed on or before the intervention or motion to intervene, as or protests on persons other than the comment date. Anyone filing a motion appropriate. Such notices, motions, or Applicant. to intervene or protest must serve a copy protests must be filed on or before the The Commission encourages of that document on the Applicant and comment date. On or before the electronic submission of protests and all the parties in this proceeding. comment date, it is not necessary to interventions in lieu of paper using the The Commission encourages serve motions to intervene or protests ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and on persons other than the Applicant. Persons unable to file electronically interventions in lieu of paper using the The Commission encourages should submit an original and 14 copies ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and of the protest or intervention to the Persons unable to file electronically interventions in lieu of paper using the Federal Energy Regulatory Commission, should submit an original and 14 copies ‘‘eFiling’’ link at http://www.ferc.gov. 888 First Street, NE., Washington, DC of the protest or intervention to the Persons unable to file electronically 20426. Federal Energy Regulatory Commission, should submit an original and 14 copies This filing is accessible on-line at 888 First Street, NE., Washington, DC of the protest or intervention to the http://www.ferc.gov, using the 20426. Federal Energy Regulatory Commission, ‘‘eLibrary’’ link and is available for This filing is accessible on-line at 888 First Street, NE., Washington, DC review in the Commission’s Public http://www.ferc.gov, using the 20426. Reference Room in Washington, DC. ‘‘eLibrary’’ link and is available for This filing is accessible on-line at There is an ‘‘eSubscription’’ link on the review in the Commission’s Public http://www.ferc.gov, using the Web site that enables subscribers to Reference Room in Washington, DC. ‘‘eLibrary’’ link and is available for receive e-mail notification when a There is an ‘‘eSubscription’’ link on the review in the Commission’s Public document is added to a subscribed web site that enables subscribers to Reference Room in Washington, DC. docket(s). For assistance with any FERC receive e-mail notification when a There is an ‘‘eSubscription’’ link on the Online service, please e-mail document is added to a subscribed Web site that enables subscribers to [email protected], or call docket(s). For assistance with any FERC receive e-mail notification when a (866) 208–3676 (toll free). For TTY, call Online service, please e-mail document is added to a subscribed (202) 502–8659. [email protected], or call docket(s). For assistance with any FERC Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call Online service, please e-mail October 22, 2007. (202) 502–8659. [email protected], or call Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call Kimberly D. Bose, on October 17, 2007. (202) 502–8659. Secretary. Comment Date: 5 p.m. Eastern Time Kimberly D. Bose, [FR Doc. E7–20319 Filed 10–15–07; 8:45 am] on October 25, 2007. BILLING CODE 6717–01–P Secretary. [FR Doc. E7–20293 Filed 10–15–07; 8:45 am] Kimberly D. Bose, BILLING CODE 6717–01–P Secretary. DEPARTMENT OF ENERGY [FR Doc. E7–20285 Filed 10–15–07; 8:45 am] BILLING CODE 6717–01–P Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Federal Energy Regulatory [Docket No. RT04–2–016] DEPARTMENT OF ENERGY Commission Federal Energy Regulatory ISO New England Inc. et al.; Notice of [Docket Nos. EL07–99–000; QF85–147–008] Filing Commission Primary Energy of North Carolina LLC; [Docket No. CP05–412–003] October 5, 2007. Notice of Filing Take notice that on October 3, 2007, Tennessee Gas Pipeline Company; ISO New England Inc. (ISO), hereby October 4, 2007. Notice of Compliance Filing moves for a limited waiver of the Take notice that on September 14, Independence Audit requirement. 2007, pursuant to 18 CFR 292.205(c), October 5, 2007. Specifically, the ISO requests that the filed a request for a temporary limited Take notice that on October 3, 2007, audit be; (1) Postponed until such time waiver of the Commission’s operating Tennessee Gas Pipeline Company at which Commission auditors are and efficiency standards in 18 CFR (Tennessee) tendered for filing as part of performing their next audit of the ISO; 292.205(a)(2), with respect to the its FERC Gas Tariff, Fifth Revised and (2) conducted by Commission qualifying status of its 52 MW Volume No. 1, Thirteenth Revised Sheet auditors. cogeneration facility located in the No. 23G and Tenth Revised Sheet No. Any person desiring to intervene or to Roxboro, North Carolina for calendar 413A, to be effective November 1, 2007. protest this filing must file in years 2007. Tennessee states that the purpose of accordance with Rules 211 and 214 of Any person desiring to intervene or to the filing is to file revised tariff sheets the Commission’s Rules of Practice and protest this filing must file in that: (1) Implement the recourse

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transmission rate authorized by the settlement-only generator or, in the DEPARTMENT OF ENERGY Order; and (2) list eight non-conforming alternative, waive Market Rule 1. Federal Energy Regulatory agreements in its FERC Gas Tariff as Any person desiring to intervene or to required by the May 9, 2006 Order. Commission protest this filing must file in Any person desiring to protest this accordance with Rules 211 and 214 of filing must file in accordance with Rule the Commission’s Rules of Practice and [Docket Nos. CP06–365–000; CP06–366– 211 of the Commission’s Rules of Procedure (18 CFR 385.211, 385.214). 000] Practice and Procedure (18 CFR Protests will be considered by the 385.211). Protests to this filing will be Bradwood Landing, LLC, NorthernStar Commission in determining the considered by the Commission in Energy, LLC; Notice of Public Meetings appropriate action to be taken, but will determining the appropriate action to be To Take Comments on the Draft not serve to make protestants parties to taken, but will not serve to make Environmental Impact Statement for the proceeding. Any person wishing to protestants parties to the proceeding. the Proposed Bradwood Landing LNG Such protests must be filed on or before become a party must file a notice of Project the date as indicated below. Anyone intervention or motion to intervene, as filing a protest must serve a copy of that appropriate. Such notices, motions, or October 5, 2007. protests must be filed on or before the document on all the parties to the The staff of the Federal Energy comment date. Anyone filing a motion proceeding. Regulatory Commission (FERC or to intervene or protest must serve a copy The Commission encourages Commission) is issuing this notice to electronic submission of protests in lieu of that document on the Applicant and announce a series of public meetings to of paper using the ‘‘eFiling’’ link at all the parties in this proceeding. take comments on the draft http://www.ferc.gov. Persons unable to The Commission encourages Environmental Impact Statement (EIS) file electronically should submit an electronic submission of protests and issued by the FERC on August 17, 2007, original and 14 copies of the protest to interventions in lieu of paper using the for the proposed Bradwood Landing the Federal Energy Regulatory ‘‘eFiling’’ link at http://www.ferc.gov. liquefied natural gas (LNG) Project. The Commission, 888 First Street, NE., Persons unable to file electronically draft EIS addresses the proposal by Washington, DC 20426. should submit an original and 14 copies Bradwood Landing, LLC to construct This filing is accessible on-line at of the protest or intervention to the and operate an LNG import terminal http://www.ferc.gov, using the Federal Energy Regulatory Commission, about 38 miles up the Columbia River ‘‘eLibrary’’ link and is available for from its mouth in Clatsop County, review in the Commission’s Public 888 First Street, NE., Washington, DC 20426. Oregon, and the associated 36-mile-long Reference Room in Washington, DC. natural gas sendout pipeline proposed There is an ‘‘eSubscription’’ link on the This filing is accessible online at by NorthernStar Energy, LLC that would Web site that enables subscribers to http://www.ferc.gov, using the cross portions of Clatsop and Columbia receive e-mail notification when a ‘‘eLibrary’’ link and is available for Counties, Oregon, and Cowlitz County, document is added to a subscribed review in the Commission’s Public Washington, to connect the Bradwood docket(s). For assistance with any FERC Reference Room in Washington, DC. Landing LNG terminal with the existing Online service, please e-mail There is an ‘‘eSubscription’’ link on the Williams Northwest Pipeline Company [email protected], or call Web site that enables subscribers to interstate pipeline system near Kelso, (866) 208–3676 (toll free). For TTY, call receive e-mail notification when a Washington. (202) 502–8659. document is added to a subscribed The FERC staff produced the draft EIS Comment Date: 5 p.m. Eastern Time docket(s). For assistance with any FERC in cooperation with the U.S. Department October 15, 2007. Online service, please e-mail of the Army Corps of Engineers, U.S. Kimberly D. Bose, [email protected], or call Department of Homeland Security Coast Secretary. (866) 208–3676 (toll free). For TTY, call Guard, and the U.S. Department of [FR Doc. E7–20294 Filed 10–15–07; 8:45 am] (202) 502–8659. Transportation. The draft EIS was BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time delivered to the U.S. Environmental on October 17, 2007. Protection Agency, and mailed to various federal, state, and local DEPARTMENT OF ENERGY Kimberly D. Bose, government agencies, elected officials, Secretary. affected landowners, regional Federal Energy Regulatory [FR Doc. E7–20298 Filed 10–15–07; 8:45 am] environmental organizations, Indian Commission BILLING CODE 6717–01–P tribes, local libraries and newspapers, intervenors, and other interested parties. [Docket No. ER08–20–000] The issuance of the draft EIS was University of New Hampshire; Notice noticed in the Federal Register on of Request for Expedited August 24, 2007, (72 FR 48629–48631). Consideration and Waivers Under The deadline for comments on the draft Market Rule 1 EIS is December 24, 2007. In addition to, or in lieu of, sending in written October 5, 2007. comments on the draft EIS, the FERC Take notice that on October 2, 2007, and cooperating agencies invite you to the University of New Hampshire attend the public comment meetings (University) requests that the that will be held in Oregon and Commission void the designation of the Washington in November 2007, on the University’s cogeneration facility as a dates, times, and locations listed below.

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Date and time Location

Tuesday, November 6, 2007, 6:30 p.m. to 10 J.A. Wendt Elementary School, 265 S. 3rd St., Cathlamet, Washington 98612, Telephone: p.m. (PST). 360–795–3261. Wednesday, November 7, 2007, 9 a.m. to 12 Cowlitz County Expo and Conference Center, 1900 7th Ave., Longview, Washington 98632, p.m. (PST). Telephone: 360–577–3121. Wednesday, November 7, 2007, 6:30 p.m. to Cowlitz County Expo and Conference Center, 1900 7th Ave., Longview, Washington 98632, 10 p.m. (PST). Telephone: 360–577–3121. Thursday, November 8, 2007, 6:30 p.m. to 10 Hilda Lahti Elementary School, 42535 Old Highway 30, Astoria, Oregon 97103, Telephone: p.m. (PST). 503–458–6162.

These events are posted on the All documents (original and eight free at (866) 208–3676, or for TTY, Commission’s calendar located at http:// copies) should be filed with: Kimberly contact (202) 502–8659. A copy is also www.ferc.gov/EventCalendar/ D. Bose, Secretary, Federal Energy available for inspection and EventsList.aspx along with other related Regulatory Commission, 888 First reproduction at the address in item (h) information. For additional information, Street, NE., Washington, DC 20426. above. The Commission’s Rules of Practice please contact the Commission’s Office m. Individuals desiring to be included and Procedure require all intervenors of External Affairs at 1–866–208–FERC. on the Commission’s mailing list should filing documents with the Commission so indicate by writing to the Secretary Kimberly D. Bose, to serve a copy of that document on of the Commission. Secretary. each person whose name appears on the [FR Doc. E7–20296 Filed 10–15–07; 8:45 am] official service list for the project. n. Comments, Protests, or Motions to BILLING CODE 6717–01–P Further, if an intervenor files comments Intervene—Anyone may submit or documents with the Commission comments, a protest, or a motion to relating to the merits of an issue that intervene in accordance with the DEPARTMENT OF ENERGY may affect the responsibilities of a requirements of Rules of Practice and particular resource agency, they must Procedure, 18 CFR 385.210, .211, .214. Federal Energy Regulatory also serve a copy of the document on In determining the appropriate action to Commission that resource agency. A copy of any take, the Commission will consider all protests or other comments filed, but [Project No. 943–102] motion to intervene must also be served upon each representative of the only those who file a motion to Public Utility District No. 1 of Chelan Applicant specified in the particular intervene in accordance with the County; Notice of Application for application. Commission’s Rules may become a Amendment of License and Soliciting k. Description of the Application: The party to the proceeding. Any comments, Comments, Motions To Intervene, and Public Utility District No. 1 of Chelan protests, or motions to intervene must Protests County, Washington, licensee of the be received on or before the specified Rock Island Hydroelectric Project, has comment date for the particular October 4, 2007. filed an application seeking application. Take notice that the following authorization from the Federal Energy o. Any filings must bear in all capital hydroelectric application has been filed Regulatory Commission to grant a letters the title ‘‘COMMENTS’’, with the Commission and is available permit to Dr. Thomas Hurst for a 12-slip ‘‘PROTEST’’, OR ‘‘MOTION TO for public inspection: community dock for a 13 lot, 20-acre INTERVENE’’, as applicable, and the a. Application Type: Non-Project Use residential subdivision located on Project Number of the particular of Project Lands and Waters. upland property adjacent to the project. application to which the filing refers. b. Project No: 943–102. The proposed 1,444 square-foot floating c. Date Filed: September 14, 2007. dock includes a ramp, a main float, and p. Agency Comments—Federal, state, d. Applicant: Public Utility District one T-section with six fingers on each and local agencies are invited to file No. 1 of Chelan County. side; extends 130 feet from the ordinary comments on the application. A copy of e. Name of Project: Rock Island high water mark; and is located the application may be obtained by Hydroelectric Project. approximately four miles upriver from agencies directly from the Applicant. If f. Location: The project is located on Rock Island dam in Chelan County, an agency does not file comments the Columbia River in Chelan County, Washington. within the time specified for filing Washington. The project does not l. Location of the Application: This comments, it will be presumed to have occupy any Federal or tribal lands. filing is available for review at the no comments. One copy of an agency’s g. Filed Pursuant to: Federal Power Commission or may be viewed on the comments must also be sent to the Act, 16 U.S.C. 791(a)–825(r). Commission’s Web site at http:// Applicant’s representatives. h. Applicant Contact: Michelle Smith, www.ferc.gov, using the ‘‘eLibrary’’ link. q. Comments, protests and License and Natural Resource Enter the docket number excluding the interventions may be filed electronically Compliance Manager, Public Utility last three digits in the docket number via the Internet in lieu of paper. See, 18 District No. 1 of Chelan County, P.O. field to access the document. You may CFR 385.2001(a)(1)(iii) and the Box 1231, Wenatchee, WA 98807–1231. also register online at http:// instructions on the Commission’s Web Phone: (888) 663–8121, Ext. 4180. www.ferc.gov/docs-filing/ site at http://www.ferc.gov under the i. FERC Contact: Any questions on esubscription.asp to be notified via ‘‘e-Filing’’ link. this notice should be addressed to Jon e-mail of new filings and issuances Cofrancesco at (202) 502–8951 or by related to this or other pending projects. Kimberly D. Bose, e-mail: [email protected]. For assistance, contact FERC Online Secretary. j. Deadline for filing comments and/ Support at [FR Doc. E7–20284 Filed 10–15–07; 8:45 am] or motions: October 26, 2007. [email protected] or toll- BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY capacity of 20-megawatts, (2) a proposed submit, if such an application may be transmission line, and (4) appurtenant filed, either a preliminary permit Federal Energy Regulatory facilities. The project would have an application or a development Commission average annual generation of 87.6- application (specify which type of [Project No. 12848–000] gigawatt-hours and be sold to a local application). A notice of intent must be utility. served on the applicant(s) named in this FFP Project 6, LLC; Notice of l. Location of Application: A copy of public notice. Application Accepted for Filing and the application is available for q. Proposed Scope of Studies Under Soliciting Comments, Motions To inspection and reproduction at the Permit—A preliminary permit, if issued, Intervene, and Protests Commission in the Public Reference does not authorize construction. The Room, located at 888 First Street, NE., term of the proposed preliminary permit October 4, 2007. Room 2A, Washington, DC 20426, or by would be 36 months. The work Take notice that the following calling (202) 502–8371. This filing may proposed under the preliminary permit hydroelectric applications have been also be viewed on the Commission’s would include economic analysis, filed with the Commission and are Web site at http://www.ferc.gov using preparation of preliminary engineering available for public inspection: the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental a. Type of Application: Preliminary number excluding the last three digits in impacts. Based on the results of these Permit. the docket number field to access the studies, the Applicant would decide b. Project No.: P–12848–000. document. For assistance, call toll-free whether to proceed with the preparation c. Date Filed: July 25, 2007. 1–866–208–3676 or e-mail of a development application to d. Applicant: FFP Project 6, LLC. [email protected]. For TTY, construct and operate the project. e. Name of the Project: Algiers Light call (202) 502–8659. A copy is also r. Comments, Protests, or Motions To Project. available for inspection and Intervene—Anyone may submit f. Location: The project would be reproduction at the address in item h comments, a protest, or a motion to located on the Mississippi River in above. intervene in accordance with the Orleans Parish, Louisiana. The project m. Individuals desiring to be included requirements of Rules of Practice and uses no dam or impoundment. on the Commission’s mailing list should Procedure, 18 CFR 385.210, .211, .214. g. Filed Pursuant to: Federal Power so indicate by writing to the Secretary In determining the appropriate action to Act, 16 U.S.C. 791a–825r. of the Commission. take, the Commission will consider all h. Applicants Contact: Mr. Dan Irvin, n. Competing Preliminary Permit— protests or other comments filed, but FFP Project 6, LLC, 69 Bridge Street, Anyone desiring to file a competing only those who file a motion to Manchester, MA 01944, phone (978) application for preliminary permit for a intervene in accordance with the 232–3536. proposed project must submit the Commission’s Rules may become a i. FERC Contact: Patricia W. Gillis, competing application itself, or a notice party to the proceeding. Any comments, (202) 502–8735. of intent to file such an application, to protests, or motions to intervene must j. Deadline for filing comments, the Commission on or before the be received on or before the specified protests, and motions to intervene: 60 specified comment date for the comment date for the particular days from the issuance date of this particular application (see 18 CFR 4.36). application. notice. Submission of a timely notice of intent Comments, protests and interventions All documents (original and eight allows an interested person to file the may be filed electronically via the copies) should be filed with: Secretary, competing preliminary permit Internet in lieu of paper. See 18 CFR Federal Energy Regulatory Commission, application no later than 30 days after 385.2001(a)(1)(iii) and the instructions 888 First Street, NE., Washington, DC the specified comment date for the on the Commission’s Web site at http:// 20426. Comments, protests, and particular application. A competing www.ferc.gov under the ‘‘e-Filing’’ link. interventions may be filed electronically preliminary permit application must s. Filing and Service of Responsive via the Internet in lieu of paper; see 18 conform with 18 CFR 4.30 and 4.36. Documents—Any filings must bear in CFR 385.2001(a)(1)(iii) and the o. Competing Development all capital letters the title instructions on the Commission’s web Application—Any qualified ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT site under the ‘‘e-Filing’’ link. The development applicant desiring to file a TO FILE COMPETING APPLICATION’’, Commission strongly encourages competing development application ‘‘COMPETING APPLICATION’’, electronic filings. Please include the must submit to the Commission, on or ‘‘PROTEST’’, and ‘‘MOTION TO project number (P–12848–000) on any before a specified comment date for the INTERVENE’’, as applicable, and the comments or motions filed. particular application, either a Project Number of the particular The Commission’s Rules of Practice competing development application or a application to which the filing refers. and Procedure require all intervenors notice of intent to file such an Any of the above-named documents filing documents with the Commission application. Submission of a timely must be filed by providing the original to serve a copy of that document on notice of intent to file a development and the number of copies provided by each person in the official service list application allows an interested person the Commission’s regulations to: The for the project. Further, if an intervenor to file the competing application no Secretary, Federal Energy Regulatory files comments or documents with the later than 120 days after the specified Commission, 888 First Street, NE., Commission relating to the merits of an comment date for the particular Washington, DC 20426. An additional issue that may affect the responsibilities application. A competing license copy must be sent to Director, Division of a particular resource agency, they application must conform with 18 CFR of Hydropower Administration and must also serve a copy of the document 4.30 and 4.36. Compliance, Federal Energy Regulatory on that resource agency. p. Notice of Intent—A notice of intent Commission, at the above-mentioned k. Description of Project: The must specify the exact name, business address. A copy of any notice of intent, proposed project would consist of: (1) address, and telephone number of the competing application or motion to 1,000 proposed 20-kilowatt Free Flow prospective applicant, and must include intervene must also be served upon each generating units having a total installed an unequivocal statement of intent to

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representative of the Applicant Commission strongly encourages competing development application specified in the particular application. electronic filings. Please include the must submit to the Commission, on or t. Agency Comments—Federal, state, project number (P–12857–000) on any before a specified comment date for the and local agencies are invited to file comments or motions filed. particular application, either a comments on the described application. The Commission’s Rules of Practice competing development application or a A copy of the application may be and Procedure require all intervenors notice of intent to file such an obtained by agencies directly from the filing documents with the Commission application. Submission of a timely Applicant. If an agency does not file to serve a copy of that document on notice of intent to file a development comments within the time specified for each person in the official service list application allows an interested person filing comments, it will be presumed to for the project. Further, if an intervenor to file the competing application no have no comments. One copy of an files comments or documents with the later than 120 days after the specified agency’s comments must also be sent to Commission relating to the merits of an comment date for the particular the Applicant’s representatives. issue that may affect the responsibilities application. A competing license of a particular resource agency, they application must conform with 18 CFR Kimberly D. Bose, must also serve a copy of the document 4.30 and 4.36. Secretary. on that resource agency. p. Notice of Intent—A notice of intent [FR Doc. E7–20287 Filed 10–15–07; 8:45 am] k. Description of Project: The must specify the exact name, business BILLING CODE 6717–01–P proposed project would consist of: (1) address, and telephone number of the 1,000 proposed 20-kilowatt Free Flow prospective applicant, and must include generating units having a total installed an unequivocal statement of intent to DEPARTMENT OF ENERGY capacity of 20-megawatts, (2) a proposed submit, if such an application may be transmission line, and (4) appurtenant filed, either a preliminary permit Federal Energy Regulatory facilities. The project would have an application or a development Commission average annual generation of 87.6- application (specify which type of [FFP Project 18, LLC; Project No. 12857– gigawatt-hours and be sold to a local application). A notice of intent must be 000] utility. served on the applicant(s) named in this l. Location of Application: A copy of public notice. Notice of Application Accepted for the application is available for q. Proposed Scope of Studies Under Filing and Soliciting Comments, inspection and reproduction at the Permit—A preliminary permit, if issued, Motions To Intervene, and Protests Commission in the Public Reference does not authorize construction. The Room, located at 888 First Street, NE., term of the proposed preliminary permit October 4, 2007. Room 2A, Washington, DC 20426, or by would be 36 months. The work Take notice that the following calling (202) 502–8371. This filing may proposed under the preliminary permit hydroelectric applications have been also be viewed on the Commission’s would include economic analysis, filed with the Commission and are Web site at http://www.ferc.gov using preparation of preliminary engineering available for public inspection: the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental a. Type of Application: Preliminary number excluding the last three digits in impacts. Based on the results of these Permit. the docket number field to access the studies, the Applicant would decide b. Project No.: P–12857–000. document. For assistance, call toll-free whether to proceed with the preparation c. Date Filed: July 25, 2007. 1–866–208–3676 or e-mail of a development application to d. Applicant: FFP Project 18, LLC. [email protected]. For TTY, construct and operate the project. e. Name of the Project: College Point call (202) 502–8659. A copy is also r. Comments, Protests, or Motions to Project. available for inspection and Intervene—Anyone may submit f. Location: The project would be reproduction at the address in item h comments, a protest, or a motion to located on the Mississippi River in St. above. intervene in accordance with the James Parish, Louisiana. The project m. Individuals desiring to be included requirements of Rules of Practice and uses no dam or impoundment. on the Commission’s mailing list should Procedure, 18 CFR 385.210, .211, .214. g. Filed Pursuant to: Federal Power so indicate by writing to the Secretary In determining the appropriate action to Act, 16 U.S.C. 791a–825r. of the Commission. take, the Commission will consider all h. Applicants Contact: Mr. Dan Irvin, n. Competing Preliminary Permit— protests or other comments filed, but FFP Project 18, LLC, 69 Bridge Street, Anyone desiring to file a competing only those who file a motion to Manchester, MA 01944, phone (978) application for preliminary permit for a intervene in accordance with the 232–3536. proposed project must submit the Commission’s Rules may become a i. FERC Contact: Patricia W. Gillis, competing application itself, or a notice party to the proceeding. Any comments, (202) 502–8735. of intent to file such an application, to protests, or motions to intervene must j. Deadline for filing comments, the Commission on or before the be received on or before the specified protests, and motions to intervene: 60 specified comment date for the comment date for the particular days from the issuance date of this particular application (see 18 CFR 4.36). application. notice. Submission of a timely notice of intent Comments, protests and interventions All documents (original and eight allows an interested person to file the may be filed electronically via the copies) should be filed with: Secretary, competing preliminary permit Internet in lieu of paper. See 18 CFR Federal Energy Regulatory Commission, application no later than 30 days after 385.2001(a)(1)(iii) and the instructions 888 First Street, NE., Washington, DC the specified comment date for the on the Commission’s Web site at 20426. Comments, protests, and particular application. A competing http://www.ferc.gov under the interventions may be filed electronically preliminary permit application must ‘‘e-Filing’’ link. via the Internet in lieu of paper; see 18 conform with 18 CFR 4.30 and 4.36. s. Filing and Service of Responsive CFR 385.2001(a)(1)(iii) and the o. Competing Development Documents—Any filings must bear in instructions on the Commission’s Web Application—Any qualified all capital letters the title site under the ‘‘e-Filing’’ link. The development applicant desiring to file a ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT

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TO FILE COMPETING APPLICATION’’, g. Applicant Contact: Lee Glenn, party to the proceeding. Any comments, ‘‘COMPETING APPLICATION’’, Georgia Power Company, 125 Wallace protests, or motions to intervene must ‘‘PROTEST’’, and ‘‘MOTION TO Dam Road, NE., Eatonton, GA 31024, be received on or before the specified INTERVENE’’, as applicable, and the (706) 485–8704. comment date for the particular Project Number of the particular h. FERC Contact: Gina Krump, application. application to which the filing refers. Telephone (202) 502–6704, or by e-mail n. Filing and Service of Responsive Any of the above-named documents at [email protected]. Documents—Any filings must bear in must be filed by providing the original i. Deadline for filing comments, all capital letters the title and the number of copies provided by protests, and motions to intervene: ‘‘COMMENTS’’, ‘‘PROTESTS’’, OR the Commission’s regulations to: The November 5, 2007. ‘‘MOTION TO INTERVENE’’, as Secretary, Federal Energy Regulatory All documents (original and eight applicable, and the Project Number of Commission, 888 First Street, NE., copies) should be filed with Kimberly D. the particular application to which the Washington, DC 20426. An additional Bose, Secretary, Federal Energy filing refers. Any of the above-named copy must be sent to Director, Division Regulatory Commission, 888 First documents must be filed by providing of Hydropower Administration and Street, NE., Washington, DC 20426. the original and the number of copies Compliance, Federal Energy Regulatory The Commission’s Rules of Practice provided by the Commission’s Commission, at the above-mentioned and Procedure require all intervenors regulations to: The Secretary, Federal address. A copy of any notice of intent, filing a document with the Commission Energy Regulatory Commission, 888 competing application or motion to to serve a copy of that document on First Street, NE., Washington, DC 20426. intervene must also be served upon each each person in the official service list A copy of any motion to intervene must for the project. Further, if an intervenor representative of the Applicant also be served upon each representative files comments or documents with the specified in the particular application. of the Applicant specified in the Commission relating to the merits of an t. Agency Comments—Federal, State, particular application. and local agencies are invited to file issue that may affect the responsibilities o. Agency Comments—Federal, State, comments on the described application. of a particular resource agency, they and local agencies are invited to file A copy of the application may be must also serve a copy of the documents comments on the described application. obtained by agencies directly from the on that resource agency. A copy of the application may be j. Description of Application: The Applicant. If an agency does not file obtained by agencies directly from the licensee is seeking Commission comments within the time specified for Applicant. If an agency does not file approval to issue a permit to Heron filing comments, it will be presumed to comments within the time specified for Cove Properties, LLC for the have no comments. One copy of an filling comments, it will be assumed to construction of five docks, totaling 42 agency’s comments must also be sent to have no comments. One copy of an slips, a 985-foot seawall, and a boat the Applicant’s representatives. agency’s comments must also be sent to ramp on approximately 0.13 acre of the Applicant’s representatives. Kimberly D. Bose, project land. The proposal is for the use Secretary. of residents at a condominium Kimberly D. Bose, [FR Doc. E7–20288 Filed 10–15–07; 8:45 am] development. All proposed work is Secretary. BILLING CODE 6717–01–P consistent with the current permitting [FR Doc. E7–20289 Filed 10–15–07; 8:45 am] limitations. BILLING CODE 6717–01–P k. This filing is available for review at DEPARTMENT OF ENERGY the Commission in the Public Reference Room or may be viewed on the Federal Energy Regulatory DEPARTMENT OF ENERGY Commission’s Web site at http:// Commission www.ferc.gov using the ‘‘e-Library’’ link. Federal Energy Regulatory [Project No. 2413–094] Enter the project number excluding the Commission last three digits (P–2413–094) in the [Project No. 2407–120] Georgia Power Company; Notice of docket number field to access the Application for Non-Project Use of document. For online assistance, Alabama Power Company; Notice of Project Lands and Waters and contact [email protected] or Application for Amendment of License Soliciting Comments, Motions To call toll-free (866) 208–3676, for TTY, and Soliciting Comments, Motions To Intervene, and Protests call (202) 502–8659. A copy is also Intervene, and Protests October 4, 2007. available for inspection and October 9, 2007. Take notice that the following reproduction at the addresses in item g. hydroelectric application has been filed l. Individual desiring to be included Take notice that the following with the Commission and is available on the Commission’s mailing list should hydroelectric application has been filed for public inspection. so indicate by writing to the Secretary with the Commission and is available a. Application Type: Non-Project Use of the Commission. for public inspection: of Project Lands and Waters. m. Comments, Protests, or Motions to a. Application Type: Temporary b. Project No.: 2413–094. Intervene—Anyone may submit Variance of Drawdown Limits. c. Date Filed: August 23, 2007. comments, a protest, or a motion to b. Project No.: 2407–120. d. Applicant: Georgia Power intervene in accordance with the c. Date Filed: September 4, 2007. Company. requirements of Rules of Practice and d. Applicant: Alabama Power e. Name and Location of Project: Procedure, 18 CFR 385.210, .211, .214. Company. Wallace Dam Project is located on the In determining the appropriate action to e. Name of Project: The Yates and Lake Oconee in Greene County, Georgia. take, the Commission will consider all Thurlow Project. The proposed project does not occupy protests or other comments filed, but f. Location of Project: The Yates and federal lands. only those who file a motion to Thurlow Project is located on the f. Filed Pursuant to: Federal Power intervene in accordance with the Tallapoosa River in Tallapoosa and Act 16 U.S.C. 791(a)–825(r). Commission’s Rules may become a Elmore Counties, Alabama.

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g. Filed Pursuant to: Federal Power so indicate by writing to the Secretary with the Commission and is available Act, 16 U.S.C. 791a–825r. of the Commission. for public inspection. h. Applicant Contact: Alan L. Peeples, n. Comments, Protests, or Motions to a. Type of Application: New Major Alabama Power Company, 600 N. 18th Intervene: Anyone may submit License. Street, P.O. Box 2641, Birmingham, AL comments, a protest, or a motion to b. Project No.: P–803–087. 35291, (205) 257–1401. intervene in accordance with the c. Date Filed: October 2, 2007. i. FERC Contact: Henry Woo, (202) requirements of Rules of Practice and d. Applicant: Pacific Gas and Electric 502–8872. Procedure, 18 CFR 385.210, .211, .214. Company (PG&E). j. Deadline for filing comments, In determining the appropriate action to e. Name of Project: DeSabla- protests, or motions to intervene: take, the Commission will consider all Centerville Hydroelectric Project. October 31, 2007. All documents protests or other comments filed, but f. Location: The existing project is (original and eight copies) should be only those who file a motion to located on Butte Creek and the West filed with: Secretary, Federal Energy intervene in accordance with the Branch Feather River in Butte County, Regulatory Commission, 888 First Commission’s Rules may become a California. The project affects 145.7 Street, NE., Washington, DC 20426. party to the proceeding. Any comments, acres of federal lands administered by The Commission’s Rules of Practice protests, or motions to intervene must the Lassen National Forest, 2.1 acres of and Procedure require all intervenors be received on or before the specified federal lands administered by the filing documents with the Commission comment date for the particular Plumas National Forest, and 11.6 acres to serve a copy of that document on application. of federal lands administered by the each person in the official service list o. Filing and Service of Responsive U.S. Bureau of Land Management. for the project. Further, if an intervenor g. Filed Pursuant to: Federal Power Documents: Any filings must bear in all files comments or documents with the Act 16 U.S.C. 791(a)–825(r). capital letters the title ‘‘COMMENTS’’, Commission relating to the merits of an h. Applicant Contact: Randal S. ‘‘PROTEST’’, OR ‘‘MOTION TO issue that may affect the responsibilities Livingston, Vice President-Power INTERVENE’’, as applicable, and the of a particular resource agency, they Generation, Pacific Gas and Electric Project Number of the particular must also serve a copy of the document Company, P.O. Box 770000, Mail Code: on that resource agency. A copy of any application to which the filing refers. N11E, San Francisco, CA 94177; motion to intervene must also be served p. Agency Comments: Federal, State, Telephone (415) 973–7000. upon each representative of the and local agencies are invited to file i. FERC Contact: Aaron Liberty, (202) Applicant specified in the particular comments on the described application. 502–6862 or [email protected]. application. A copy of the application may be j. This application is not ready for k. Description of Request: The obtained by agencies directly from the environmental analysis at this time. Alabama Power Company (APC) is Applicant. If an agency does not file k. Project Description: The existing requesting a temporary variance of the comments within the time specified for DeSabla-Centerville Hydroelectric reservoir drawdown limits of the Yates filing comments, it will be presumed to Project is composed of three and Thurlow Project license. APC have no comments. One copy of an developments, including Toadtown, requests that it be allowed to draw agency’s comments must also be sent to DeSabla, and Centerville, and has a down the Thurlow pool to 283.0–284.5 the Applicant’s representatives. combined installed capacity of 26,400 feet from September 4, 2007, to January q. Comments, protests and kilowatts (kW). 11, 2008, for spillway board interventions may be filed electronically The Toadtown development, which maintenance. Included in APC’s request via the Internet in lieu of paper. See, 18 diverts water from the West Branch was concurrence received from the CFR 385.2001(a)(1)(iii) and the Feather River, consists of the following Alabama Department of Conservation instructions on the Commission’s Web constructed facilities: (1) Round Valley and Natural Resources. site at http://www.ferc.gov under the Reservoir, a 98 acre reservoir with a l. Locations of the Application: A ‘‘e-Filing’’ link. The Commission gross storage capacity of 1,700 acre-feet; copy of the application is available for strongly encourages electronic filings. (2) Round Valley dam, an earthfill dam, inspection and reproduction at the Kimberly D. Bose, 29-feet high and 810-feet long; (3) a 40- foot wide overflow spillway; (4) a 15- Commission’s Public Reference Room, Secretary. located at 888 First Street, NE., Room inch outlet pipe at the base of Round [FR Doc. E7–20317 Filed 10–15–07; 8:45 am] 2A, Washington, DC 20426, or by calling Valley dam, and manual low level outlet (202) 502–8371. This filing may also be BILLING CODE 6717–01–P valve; (5) Philbrook Reservoir, a 173 viewed on the Commission’s Web site at acre reservoir with a gross storage http://www.ferc.gov using the DEPARTMENT OF ENERGY capacity of 4,985 acre-feet; (6) Philbrook ‘‘eLibrary’’ link. Enter the docket main dam (located on Philbrook Creek), number (P–2407) in the docket number Federal Energy Regulatory a compacted earthfill dam, 87-feet high field to access the document. You may Commission and 850-feet long; (7) Philbrook also register online at http:// auxiliary dam (170 feet to the right of the main dam), a compacted earthfill www.ferc.gov/docs-filing/ Project No: P–803–087 esubscription.asp to be notified via dam, 24-feet high and 470-feet long; (8) e-mail of new filings and issuances Pacific Gas and Electric Company; a 29.7-foot wide spillway with 5 related to this or other pending projects. Notice of Application Tendered for flashboard bays; (9) a 10.75-foot long For assistance, call 1–866–208–3676 or Filing with the Commission and and 14.75-foot wide spillway with a e-mail [email protected], Establishing Procedural Schedule for single, manual radial gate; (10) a 33-inch for TTY, call (202) 502–8659. A copy is Licensing and Deadline for diameter, 460-foot long outlet conduit also available for inspection and Submission of Final Amendments from Philbrook Reservoir; (11) a 17-foot reproduction at the address in item (g) high, 8-feet diameter submerged vertical above. October 9, 2007. concrete intake, controlled by a 30-inch m. Individuals desiring to be included Take notice that the following diameter manual needle valve; (12) on the Commission’s mailing list should hydroelectric application has been filed Hendricks Head Dam, a concrete gravity

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dam, 15-feet high with an overflow The Centerville development, which channels of Philbrook Creek and the spillway section 98-feet wide; (13) a diverts the flow of Butte Creek West Branch Feather River about 8 8.66-mile long Hendricks Canal, downstream of the DeSabla miles to Hendricks Head dam. Then composed mostly of earthen ditch with development, consists of the following water is conveyed in the Hendricks several flume and tunnel sections, with constructed facilities: (1) The Upper canal, through Toadtown Powerhouse, a capacity of 125 cfs; (14) feeder Centerville Canal, that originates at then into the Toadtown canal. From this diversions from 4 creeks into DeSabla Powerhouse and ends at point, the water is conveyed in the Butte Hendricks/Toadtown canal; (15) a 40- Helltown Ravine (currently carries a few Creek canal to DeSabla Forebay then inch diameter, 1,556-foot long steel cfs for local water uses and has not been discharged into Butte Creek. Water flow penstock; (16) Toadtown Powerhouse, a used for power generation for many is then diverted into the Lower 28 by 44 foot reinforced concrete years); (2) Lower Centerville Diversion Centerville canal to the Centerville building, with one turbine-generator Dam, a 12-foot high, 72.5 foot-wide header box, through the Centerville unit and a normal operating capacity of concrete arch dam with an overflow 1.5 MW; (17) a 1500-foot long 12 kv spillway; (3) an 8-mile long Lower Powerhouse, and finally discharged to tapline connecting Toadtown Centerville Canal, composed of earthen Butte Creek. Powerhouse to a distribution system; canal and several flume sections, with a PG&E proposes to continue operating and (18) appurtenant facilities. capacity of 183 cfs; (4) feeder diversions the Project with no change to Project The DeSabla development, which from 3 creeks that flow into Lower generation facilities or features other diverts water from upper Butte Creek Centerville Canal (all 3 no longer in than adoption of resource management and uses the outflow of the Toadtown use); (5) one 30-inch diameter and one measures and the deletion of five feeder development, consists of the following 42-inch diameter, reduced to 36-inch diversions. constructed facilities: (1) The 2.4-mile diameter, 2,559-foot long steel long Toadtown Canal, an earthen canal penstocks; (6) Centerville Forebay, a 27 l. Locations of the Application: A with a capacity of 125 cfs; (2) Butte by 37 foot concrete header box with a copy of the application is available for Creek Diversion Dam, a 50-foot high, spillway channel; (7) Centerville review at the Commission in the Public 100-foot long, concrete arch dam with Powerhouse, a 32 by 109 foot reinforced Reference Room or may be viewed on an overflow spillway; (3) a 11.4-mile concrete building, with two turbine- the Commission’s Web site at http:// long Butte Canal, composed of earthen generator units and a total normal www.ferc.gov using the ‘‘eLibrary’’ link. berm sections, gunited sections, tunnel operating capacity of 6.4 MW; and (8) Enter the docket number excluding the sections, a siphon, and flume sections, appurtenant facilities. last three digits in the docket number with a capacity of 91 cfs; (4) a 0.7-mile PG&E operates the project primarily field to access the document. For long canal that combines Butte Canal as a run-of-river system and operates on assistance, contact FERC Online with Toadtown Canal, with a capacity of a continuous basis, using the water Support at 191 cfs; (5) feeder diversions from 4 supply available after satisfaction of the [email protected] or toll- creeks that flow into Butte Canal (1 not minimum instream flow requirements. free at 1–866–208–3676, or for TTY, in use); (6) DeSabla Dam, a 50-foot high, During the winter and spring, base flows (202) 502–8659. A copy is also available 100-foot wide earthen embankment with in the West Branch of the Feather River for inspection and reproduction at the a spillway canal; (7) DeSabla Forebay, a and Butte Creek typically provide address in item (h) above. 15 acre reservoir with a gross storage adequate flow for full operation of the capacity of 163 acre-feet (originally 188 Project powerhouses. During the m. You may also register online at acre-feet); (8) a 66-inch diameter, summer months, the available base flow http://www.ferc.gov/esubscribenow.htm reduced to 42-inch diameter, 1.3-mile water is augmented by water releases to be notified via e-mail of new filings long steel penstock; and (9) DeSabla from Round Valley and Philbrook and issuances related to this or other Powerhouse, a 26.5 by 41 foot reservoirs. During the fall months, pending projects. For assistance, contact reinforced concrete building, with one Project powerhouses are operated at FERC Online Support. turbine generator unit and a normal reduced capacities due to low stream n. Procedural Schedule: The operating capacity of 18.5 MW; (10) a flows. application will be processed according 0.25-mile long transmission tapline Water releases from Round Valley to the following Hydro Licensing connecting DeSabla Powerhouse to the reservoir flow down the West Branch 60kV Oro Fino Tap Line; and (11) Feather River, and water releases from Schedule. Revisions to the schedule appurtenant facilities. Philbrook reservoir pass down natural may be made as appropriate.

Milestone Target date

Tendering Notice ...... October 9, 2007. Remaining Study Results Due ...... February 15, 2008. Notice of Acceptance / Notice of Ready for Environmental Analysis ...... March 17, 2008. Filing of recommendations, preliminary terms and conditions, and fishway prescriptions ...... May 16, 2008. Commission issues Draft EA ...... November 12, 2008. Comments on Draft EA ...... December 12, 2008. Modified terms and conditions ...... February 10, 2009. Commission issues Final EA ...... May 11, 2009.

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o. Final amendments to the power marketers only as purchasing- July 11, 2007, the Federal Energy application must be filed with the selling entities; the identification of the Regulatory Commission (Commission) Commission no later than 30 days from Reliability Standard requirements that will hold a conference on November 16, the issuance date of the notice of ready would apply to a retail power marketer 2007, to examine the implementation of for environmental analysis. registered as an LSE; support for the its enforcement authority as expanded conclusions (i) that the loads served by by the Energy Policy Act of 2005 (EPAct Kimberly D. Bose, Direct, Sempra and Strategic are directly 2005).1 The conference will be held in Secretary. connected to the Bulk-Power System the Commission Meeting Room at the [FR Doc. E7–20318 Filed 10–15–07; 8:45 am] and (ii) that retail power marketers Commission’s headquarters located at BILLING CODE 6717–01–P within the ReliabilityFirst region, in the 888 First Street, NE., Washington, DC aggregate, impact Bulk-Power System 20426. reliability; and alternative solutions for The purpose of the conference is to DEPARTMENT OF ENERGY addressing any reliability gaps that may assess the enforcement program implemented by the Commission during Federal Energy Regulatory be identified. the first two years after passage of EPAct Commission The conference is open for the public to attend. The conference will not be 2005 primarily as it pertains to the Notice of Technical Conference and transcribed and telephone participation additional subject matter authority and Extension of Comment Date will not be available. the expanded civil penalty authority in The Commission will accept written Part II of the Federal Power Act 2 and October 9, 2007. comments on the discussion at this the Natural Gas Act.3 Direct Energy Services, LLC, Docket technical conference no later than 5 The tentative schedule and topics for No. RC07–4–000. p.m. Eastern Time on October 29, 2007. the conference are as follows: Sempra Energy Solutions LLC, Docket Further, in notices of filing issued 9 a.m.–9:30 a.m.—Opening Remarks No. RC07–6–000. September 17, 2007, in the above- 9:30 a.m.–11 a.m.—First Panel—The Strategic Energy, L.L.C., Docket No. captioned dockets, the Commission set First Two Years of EPAct Enforcement RC07–7–000. an October 11, 2007 comment date for 11 a.m.–11:10 a.m.—Break Take notice that on October 12, 2007, the submission of interventions, 11:10 a.m.–12:30 p.m.—Second Panel— a technical conference will be held at comments and protests. The How Enforcement Fits into the the Federal Energy Regulatory Commission is extending the comment Commission’s Mission Commission to discuss appeals of the date for the submission of interventions, 12:30 p.m.–1:30 p.m.—Lunch break North American Electric Reliability comments and protests in the above- 1:30 p.m.–3 p.m.—Third Panel— Corporation’s (NERC) compliance captioned dockets until October 29, Enforcement of Reliability Standards 3 p.m.–3:15 p.m.—Closing Remarks registry determinations regarding Direct 2007, to coincide with the comment due Energy Services, LLC (Direct), Sempra date for comments on the discussion at The first panel will focus on an Energy Solutions LLC (Sempra) and the technical conference. overview of enforcement from a broad Strategic Energy, L.L.C. (Strategic). This Commission conferences are policy perspective, including how the technical conference was established in accessible under section 508 of the Commission balances a firm approach to an Order Establishing Technical Rehabilitation Act of 1973. For enforcement of its major rules, Conference in the above dockets, issued accessibility accommodations please regulations, and orders with fair September 26, 2007.1 It will be held at send an e-mail to [email protected] treatment of all persons that may be the headquarters of the Federal Energy or call toll free 1–866–208–3372 (voice) subject to remedies and sanctions for Regulatory Commission, 888 First or 202–208–1659 (TTY), or send a FAX their conduct. The discussion will Street, NE., Washington, DC from 11 to 202–208–2106 with the required examine how the Commission can best a.m.–2 p.m. (EST). accommodations. achieve compliance with regulatory The technical conference will consist For more information about this requirements, and will address how the of a discussion between Commission conference, please contact: Sarah Commission evaluates enforcement staff and representatives of NERC and McKinley, Office of External Affairs, cases, including self-reported violations ReliabilityFirst Corporation Federal Energy Regulatory Commission, and matters that result in no penalty, (ReliabilityFirst). Direct, Sempra and (202) 502–8004, and how companies subject to Strategic are also invited to participate. [email protected]. investigation can best respond to the The primary question to be addressed is Commission. whether NERC has adequately justified Kimberly D. Bose, The second panel will focus on how its determination that ReliabilityFirst Secretary. entities relate to the Commission in properly registered Direct, Sempra and [FR Doc. E7–20316 Filed 10–15–07; 8:45 am] light of the newly enhanced EPAct 2005 Strategic as load-serving entities (LSEs). BILLING CODE 6717–01–P enforcement authority and the NERC and ReliabilityFirst will be Commission’s ongoing regulatory asked to address issues concerning the functions. The discussion will examine decision to register Direct, Sempra and DEPARTMENT OF ENERGY when companies should direct inquiries Strategic, including but not limited to: or problems to the Office of the nature and extent of any gap in Federal Energy Regulatory Enforcement and when they should be reliability that may result from their not Commission directed to other Commission program being registered as an LSE; the Docket No. AD07–13–000 offices. The Commission is interested in circumstances within the how well the Commission responds to ReliabilityFirst region that justify their Conference on Enforcement Policy; matters that involve regulatory policy as registration as LSEs, while other Second Notice of Conference well as having enforcement aspects. In Regional Entities have registered retail October 4, 2007. 1 Pub. L. 109–58, 119 Stat. 594 (2005). 1 Direct Energy Services, LLC, et al., 120 FERC As announced in the ‘‘First Notice of 2 16 U.S.C.§§791a et seq. (2000). ¶ 61,280 (2007). Conference on Enforcement,’’ issued on 3 15 U.S.C.§§717 et seq. (2000).

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addition, the discussion will focus on questions, you may visit http:// DEPARTMENT OF ENERGY the relationship between the www.CapitolConnection.org or contact Commission’s audit functions and Danelle Perkowski or David Reininger at Federal Energy Regulatory enforcement activity and whether the 703–993–3100. Commission No-Action Letter program 4 is useful in FERC conferences and meetings are obtaining guidance on potential accessible under section 508 of the [Docket No. AD07–15–000] enforcement issues. Rehabilitation Act of 1973. For The third panel will focus on State of the Natural Gas Industry accessibility accommodations please reliability issues. With the new Conference; Notice of Commission send an e-mail to [email protected] responsibilities given to the Conference Commission by EPAct 2005 with respect or call toll free (866) 208–3372 (voice) to the reliability of the nation’s bulk or 202–502–8659 (TTY), or send a fax to October 5, 2007. 202–208–2106 with the required power system, the Commission has The Federal Energy Regulatory accommodations. approved numerous reliability Commission will hold a conference on standards that now are mandatory, and Kimberly D. Bose, November 6, 2007, from 9:30 a.m. to has authorized an enforcement 12:30 p.m. (EST), in the Commission mechanism through Regional Entities Secretary. Meeting Room on the second floor of the and the Electric Reliability Organization [FR Doc. E7–20290 Filed 10–15–07; 8:45 am] offices of the Federal Energy Regulatory (ERO). This discussion will look at how BILLING CODE 6717–01–P Commission, 888 First Street, NE., the Regional Entities and the ERO are Washington, DC. processing self-reported violations and other compliance matters, and will DEPARTMENT OF ENERGY All interested persons may attend; address emerging practical issues of there is no registration and no fee. Federal Energy Regulatory enforcement as well as the The conference will provide the Commission Commission’s own authority to enforce Commission the opportunity to hear mandatory reliability standards and its from knowledgeable industry experts interest in the most effective way to [Docket Nos. CP07–398–000; CP07–399– and discuss the challenges facing the achieve compliance with the standards. 000; CP07–400–000; CP07–401–000; CP07– natural gas industry and its customers. A further notice will be issued before 402–000] A future notice will provide greater the conference to finalize the conference detail. format and schedule. The Commission Gulf Crossing Pipeline Company, LLC; anticipates that it will also issue Gulf South Pipeline Company, L.P; Transcripts of the conference will be background material to assist in framing Notice of Applicant Meeting immediately available from Ace the discussion. Also, we note that the Reporting Company (202–347–3700 or following topics will not be discussed as October 5, 2007. 1–800–336–6646) for a fee. they are involved in or implicated by On October 11, 2007, the Office of Additionally, Capitol Connection offers pending Commission proceedings: Energy Projects (OEP) staff will meet the opportunity for remote listening and standards of conduct, market with representatives of Gulf Crossing viewing of the conference. It is available monitoring, transparency, and market Pipeline Company, LLC (Gulf Crossing); for a fee, live over the Internet, by manipulation. co-applicant in the above referenced phone, or via satellite. Persons interested in receiving the broadcast, or To ensure adequate time to engage in dockets. a meaningful dialog, participants on who need information on making each panel will be limited to four or five Gulf Crossing requests the meeting to arrangements should contact David people. Anyone interested in discuss the possible reconfiguration of Reininger or Julia Morelli at the Capitol participating as a panelist may contact some of the compressor stations Connection (703–993–3100) as soon as Anna Cochrane, Deputy Director of the proposed in the Gulf Crossing Project. possible or visit the Capitol Connection Office of Enforcement, by e-mail at Gulf Crossing will present details of, Web site at http:// [email protected] or by phone at and reasons for, the possible www.capitolconnection.gmu.edu and (202) 502–8100. modification to its certificate click on ‘‘FERC.’’ As previously noted, all interested application. Gulf Crossing and OEP Staff FERC conferences are accessible persons are invited to attend the will discuss the proposed timing of the under section 508 of the Rehabilitation conference, and there is no registration amendment to the certificate application Act of 1973. For accessibility fee to attend. The conference will not be and any impact to the project schedule. accommodations please send an e-mail transcribed but will be web cast. A free For additional information, please to [email protected] or call toll free web cast of this event will be available contact the Commission’s Office of 866–208–3372 (voice) or 202–208–1659 through http://www.ferc.gov. Anyone External Affairs at 1–866–208–FERC. (TTY), or send a FAX to 202–208–2106 with Internet access who desires to view with the required accommodations. this event can do so by navigating to Kimberly D. Bose, Additional details and the agenda for http://www.ferc.gov’s Calendar of Events Secretary. this conference will be included in a and locating this event in the Calendar. [FR Doc. E7–20297 Filed 10–15–07; 8:45 am] subsequent notice. For more The event will contain a link to its web information about the conference, cast. The Capitol Connection provides BILLING CODE 6717–01–P please contact John Schnagl at (202) technical support for the web casts and 502–8756 ([email protected]). offers access to the meeting via phone bridge for a fee. If you have any Kimberly Bose, Secretary. 4 Informal Staff Advice on Regulatory Requirements, 113 FERC ¶ 61,174 (2005), as [FR Doc. E7–20299 Filed 10–15–07; 8:45 am] modified by 117 FERC 61,069 (2006). BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Docket Numbers: RP08–19–000. Commission’s Public Reference Room in Applicants: Guardian Pipeline, L.L.C. Washington, DC. There is an Federal Energy Regulatory Description: Guardian Pipeline LLC eSubscription link on the Web site that Commission submits Original Sheet 7 et al. to its enables subscribers to receive e-mail FERC Gas Tariff, Original Volume 1, to notification when a document is added Combined Notice of Filings #1 become effective 11/1/07. to a subscribed dockets(s). For October 10, 2007. Filed Date: 10/04/2007. assistance with any FERC Online Take notice that the Commission has Accession Number: 20071005–0076. service, please e-mail Comment Date: 5 p.m. Eastern Time received the following Natural Gas [email protected]. or call on Tuesday, October 16, 2007. Pipeline Rate and Refund Report filings: (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Docket Numbers: RP03–36–028. Docket Numbers: RP08–20–000. Applicants: Dauphin Island Gathering Applicants: Northern Natural Gas Nathaniel J. Davis, Sr., Company. Partners. Acting Deputy Secretary. Description: Dauphin Island Description: Northern Natural Gas Company submits Third Revised Sheet [FR Doc. E7–20339 Filed 10–15–07; 8:45 am] Gathering Partners submits its Thirty- BILLING CODE 6717–01–P Fourth Revised Sheet 9 et al. to its FERC 153 et al. to FERC Gas Tariff, Fifth Gas Tariff, First Revised Volume 1, to Revised Volume 1. become effective 11/4/07. Filed Date: 10/05/2007. Accession Number: 20071009–0092. ENVIRONMENTAL PROTECTION Filed Date: 10/04/2007. AGENCY Accession Number: 20071005–0075. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Wednesday, October 17, 2007. [OW–2003–0064, FRL–8482–7] on Tuesday, October 16, 2007. Any person desiring to intervene or to Docket Numbers: RP03–323–013. protest in any of the above proceedings U.S. EPA’s National Clean Water Act Applicants: Williston Basin Interstate must file in accordance with Rules 211 Recognition Awards Presentation Pipeline Co. and 214 of the Commission’s Rules of During the Water Environment Description: Williston Basin Interstate Practice and Procedure (18 CFR 385.211 Federation’s Technical Exposition and Pipeline Company submits negotiated and 385.214) on or before 5 p.m. Eastern Conference (WEFTEC), and Rate Schedule FT–1 Service Agreement. time on the specified comment date. It Announcement of 2007 National Filed Date: 10/02/2007. is not necessary to separately intervene Awards Winners again in a subdocket related to a Accession Number: 20071003–0228. AGENCY: Environmental Protection compliance filing if you have previously Comment Date: 5 p.m. Eastern Time Agency (EPA). on Monday, October 15, 2007. intervened in the same docket. Protests ACTION: Notice. Docket Numbers: RP06–200–037. will be considered by the Commission Applicants: Rockies Express Pipeline in determining the appropriate action to SUMMARY: The Environmental Protection LLC. be taken, but will not serve to make Agency recognized municipalities and Description: Rockies Express Pipeline protestants parties to the proceeding. industries for outstanding and LLC submits Thirtieth Revised Sheet 22 Anyone filing a motion to intervene or innovative technological achievements et al. to FERC Gas Tariff, First Revised protest must serve a copy of that in wastewater treatment and pollution Volume 1 to be effective 10/10/07. document on the Applicant. In reference abatement programs. An inscribed Filed Date: 10/09/2007. to filings initiating a new proceeding, plaque was presented to first and Accession Number: 20071010–0079. interventions or protests submitted on second place national winners at the Comment Date: 5 p.m. Eastern Time or before the comment deadline need annual Clean Water Act Recognition on Monday, October 22, 2007. not be served on persons other than the Awards presentation during the Water Docket Numbers: RP97–255–076. Applicant. Environment Federation’s Technical Applicants: TransColorado Gas The Commission encourages Exposition and Conference (WEFTEC). Transmission Company. electronic submission of protests and Recognition is made every year for Description: TransColorado Gas interventions in lieu of paper, using the outstanding programs and projects in Transmission Co submits Fifteenth FERC Online links at http:// operations and maintenance at Revised Sheet 21 et al. to FERC Gas www.ferc.gov. To facilitate electronic wastewater treatment facilities, Tariff, First Revised Volume 1 to be service, persons with Internet access biosolids management and public effective 9/9/07. who will eFile a document and/or be acceptance, municipal implementation Filed Date: 10/09/2007. listed as a contact for an intervenor and enforcement of local pretreatment Accession Number: 20071010–0080. must create and validate an programs, cost-effective storm water Comment Date: 5 p.m. Eastern Time eRegistration account using the controls, and combined sewer overflow on Monday, October 22, 2007. eRegistration link. Select the eFiling controls. This action also announces the Docket Numbers: RP08–14–001. link to log on and submit the 2007 national awards winners. Applicants: Texas Eastern intervention or protests. DATES: Monday, October 15, 2007, 11:30 Transmission LP. Persons unable to file electronically a.m. to 1 p.m. Description: Texas Eastern should submit an original and 14 copies Transmission, LP re-submits the entire of the intervention or protest to the ADDRESSES: The national awards Service Agreement including the Federal Energy Regulatory Commission, presentation ceremony was held at the corrected Exhibit A as well as the 888 First St., NE., Washington, DC San Diego Convention Center, San accompanying redlines comparing the 20426. Diego, California. agreement to its 10/1/07 filing. The filings in the above proceedings FOR FURTHER INFORMATION CONTACT: Filed Date: 10/04/2007. are accessible in the Commission’s William Hasselkus, Telephone: (202) Accession Number: 20071009–0091. eLibrary system by clicking on the 564–0664. Facsimile Number: (202) Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They 501–2396. E-Mail: on Tuesday, October 16, 2007. are also available for review in the [email protected]. Also visit

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the Office of Wastewater Management’s treatment and encourages public (1) Outstanding Operations and Web page at http://www.epa.gov/owm. support of programs targeted to Maintenance practices at wastewater SUPPLEMENTARY INFORMATION: The Clean protecting the public’s health and safety treatment facilities; Water Act Recognition Awards are and the nation’s water quality. State (2) Exemplary Biosolids Management authorized by section 501(a) and (e) of water pollution control agencies and projects, technology/innovation or the Clean Water Act, and 33 U.S.C. EPA regional offices make development activities, research and recommendations to headquarters for 1361(a) and (e). Applications and public acceptance efforts; nominations for the national awards are the national awards. Programs and recommended by EPA regions. A projects being recognized are in (3) Pretreatment Program Excellence; regulation establishes a framework for compliance with applicable water (4) Storm Water Management the annual recognition awards program quality requirements and have a Excellence; and, at 40 CFR part 105. EPA announced the satisfactory record with respect to (5) Outstanding Combined Sewer availability of application and environmental quality. Municipalities Overflow Control programs. nomination information for this year’s and industries are recognized for their awards (72 FR 26632, May 10, 2007). demonstrated creativity and The winners of the EPA’s 2007 The awards program enhances national technological achievements in five National Clean Water Act Recognition awareness of municipal wastewater awards categories as follows: Awards are listed below by category.

Category: Outstanding Operations and Maintenance Awards

First Place Sub-category

Kent County Regional Wastewater Treatment Facility, Milford, Delaware ...... Large Advanced Plant. Persigo Wastewater Treatment Facility, Grand Junction, Colorado ...... Large Secondary Treatment Plant. Kalispell Advanced Wastewater Treatment and Biological Nutrient Removal Facility, Kalispell, Montana Medium Advanced Plant. Douglasville-Douglas County Water and Sewer Authority, South Central Urban Water Reuse Facility, Small Non-Discharging Plant. Douglasville, Georgia. Village of Trempealeau Wastewater Treatment Facility, Trempealeau, Wisconsin ...... Small Secondary Plant. Southern Ute Indian Tribe Wastewater Treatment Plant, Ignacio, Colorado ...... Small Advanced Plant.

Second Place Sub-category

Flat Creek Water Reclamation Facility, Gainesville, Georgia ...... Large Advanced Plant. City of Groton, Connecticut Water Pollution Control Facility, Groton, Connecticut ...... Medium Advanced Plant. Barona Band of Mission Indians, Lakeside, California ...... Small Advanced Plant.

Category: Exemplary Biosolids Management Awards

First Place Sub-category

Ocean County Utilities Authority, Bayville, New Jersey ...... Greater than 5 dry tons per day. City of Albany, Oregon, Albany, Oregon ...... Less than 5 dry tons per day. University of Washington (Biosolids to Biodiesel), Seattle, Washington ...... Research and Innovation Activities. Columbus Water Works, Atlanta, Georgia ...... Technology Development Activities.

Second Place

Southside Wastewater Treatment Plant, Dallas, Texas ...... Greater than 5 dry tons per day.

Category: Outstanding Pretreatment Program Awards

First Place Sub-category

Tri-Cities: Vandalia, Tipp City, Huber Heights, Ohio, Dayton, Ohio ...... 0–5 Significant Industrial Users (SIUs). City of Longmont, Colorado, Longmont, Colorado ...... 6–20 SIUs. Jacksonville Electric Authority, Jacksonville, Florida ...... 21 or more SIUs.

Second Place

Big Dry Creek Wastewater Treatment Facility, Westminster, Colorado ...... 0–5 SIUs. Persigo Wastewater Treatment Facility, Grand Junction, Colorado ...... 6–20 SIUs. Austin Water Utility, Austin, Texas ...... 21 or more SIUs.

Category: Outstanding Storm Water Management Awards

First Place Sub-category

City of Oakland Watershed Improvement Program, Oakland, California ...... Municipal Program. Caltrans Stormwater Management Program, Sacramento, California ...... Municipal Program.

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Dated: October 4, 2007. DC, 20460, Attention Docket ID No. electronically in http:// Judy Davis, EPA–HQ–ORD–2007–0484. www.regulations.gov or in hard copy at Acting Director, Office of Wastewater • Hand Delivery or Courier. Deliver the Board of Scientific Counselors, Management. comments to: EPA Docket Center (EPA/ National Center for Environmental [FR Doc. E7–20373 Filed 10–15–07; 8:45 am] DC), Room B102, EPA West Building, Research (NCER) Standing BILLING CODE 6560–50–P 1301 Constitution Avenue, NW., Subcommittee—2007 Docket, EPA/DC, Washington, DC., Attention Docket ID EPA West, Room B102, 1301 No. EPA–HQ–ORD–2007–0484. Constitution Ave., NW., Washington, ENVIRONMENTAL PROTECTION Note: this is not a mailing address. Such DC. The Public Reading Room is open AGENCY deliveries are only accepted during the from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal [EPA–HQ–ORD–2007–0484; FRL–8482–8] docket’s normal hours of operation, and special arrangements should be made for holidays. The telephone number for the Board of Scientific Counselors, deliveries of boxed information. Public Reading Room is (202) 566–1744, National Center for Environmental Instructions: Direct your comments to and the telephone number for the ORD Research (NCER) Standing Docket ID No. EPA–HQ–ORD–2007– Docket is (202) 566–1752. Subcommittee Meeting—2007 0484. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: The received will be included in the public Designated Federal Officer via mail at: AGENCY: Environmental Protection docket without change and may be Susan Peterson, Mail Code 8104–R, Agency (EPA). made available online at http:// Office of Science Policy, Office of ACTION: Notice of meeting. www.regulations.gov, including any Research and Development, personal information provided, unless Environmental Protection Agency, 1200 SUMMARY: Pursuant to the Federal the comment includes information Pennsylvania Avenue, NW., Advisory Committee Act, Public Law claimed to be Confidential Business Washington, DC 20460; via phone/voice 92–463, the Environmental Protection Information (CBI) or other information mail at: (202) 564–1077; via fax at: (202) Agency, Office of Research and whose disclosure is restricted by statute. 565–2911; or via e-mail at: Development (ORD), gives notice of a Do not submit information that you [email protected]. meeting of the Board of Scientific consider to be CBI or otherwise SUPPLEMENTARY INFORMATION: Counselors (BOSC) National Center for protected through http:// General Information Environmental Research (NCER) www.regulations.gov or e-mail. The Standing Subcommittee. http://www.regulations.gov Web site is Participation in the meeting will be by DATES: The meeting (a teleconference an ‘‘anonymous access’’ system, which teleconference only—meeting rooms call) will be held on Thursday, means EPA will not know your identity will not be used. Members of the public November 1, 2007 from 1 p.m. to 3 p.m. or contact information unless you who wish to obtain the call-in number All times noted are eastern time. The provide it in the body of your comment. and access code to participate in the meeting may adjourn early if all If you send an e-mail comment directly conference call may contact Susan business is finished. Requests for the to EPA without going through http:// Peterson, the Designated Federal draft agenda or for making oral www.regulations.gov, your e-mail Officer, via any of the contact methods presentations at the conference call will address will be automatically captured listed in the FOR FURTHER INFORMATION be accepted up to 1 business day before and included as part of the comment CONTACT section above, by 4 working the meeting. that is placed in the public docket and days prior to the conference call. ADDRESSES: Participation in the meeting made available on the Internet. If you The purpose of the meeting is to will be by teleconference only—meeting submit an electronic comment, EPA discuss the subcommittee’s input to rooms will not be used. Members of the recommends that you include your their draft letter report and follow-up public may obtain the call-in number name and other contact information in from their September 11, 2007 and access code for the call from Susan the body of your comment and with any teleconference. Proposed agenda items for the conference call include, but are Peterson, whose contact information is disk or CD–ROM you submit. If EPA not limited to: Discussion of each of the listed under the FOR FURTHER cannot read your comment due to three workgroups’ recommendations, INFORMATION CONTACT section of this technical difficulties and cannot contact format of the draft letter report, and how notice. Submit your comments, you for clarification, EPA may not be it responds to the charge question to the identified by Docket ID No. EPA–HQ– able to consider your comment. subcommittee. The conference call is ORD–2007–0484, by one of the Electronic files should avoid the use of open to the public. following methods: special characters, any form of • Information on Services for http://www.regulations.gov: Follow encryption, and be free of any defects or Individuals with Disabilities: For the on-line instructions for submitting viruses. For additional information information on access or services for comments. about EPA’s public docket visit the EPA • individuals with disabilities, please E-mail: Send comments by Docket Center homepage at http:// contact Susan Peterson at (202) 564– electronic mail (e-mail) to: www.epa.gov/epahome/dockets.htm. 1077 or [email protected]. To [email protected], Attention Docket Docket: All documents in the docket request accommodation of a disability, ID No. EPA–HQ–ORD–2007–0484. are listed in the http:// • please contact Susan Peterson, Fax: Fax comments to: (202) 566– www.regulations.gov index. Although preferably at least 10 days prior to the 0224, Attention Docket ID No. EPA– listed in the index, some information is meeting, to give EPA as much time as HQ–ORD–2007–0484. not publicly available, e.g., CBI or other possible to process your request. • Mail: Send comments by mail to: information whose disclosure is Board of Scientific Counselors, National restricted by statute. Certain other Dated: October 10, 2007. Center for Environmental Research material, such as copyrighted material, Mimi Dannel, (NCER) Standing Subcommittee—2007 will be publicly available only in hard Acting Director, Office of Science Policy. Docket, Mailcode: 28221T, 1200 copy. Publicly available docket [FR Doc. E7–20348 Filed 10–15–07; 8:45 am] Pennsylvania Ave., NW., Washington, materials are available either BILLING CODE 6560–50–P

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FEDERAL COMMUNICATIONS select ‘‘Federal Communications Controlling the Assault of Non-Solicited COMMISSION Commission’’ from the list of agencies Pornography and Marketing Act of 2003, presented in the ‘‘Select Agency’’ box, CG Docket No. 04–53, FCC 04–194, Public Information Collection (5) click the ‘‘Submit’’ button to the adopting rules to prohibit the sending of Requirement Submitted to OMB for right of the ‘‘Select Agency’’ box, (6) commercial messages to any address Review and Approval, Comments when the list of FCC ICRs currently referencing an Internet domain name Requested under review appears, look for the title associated with wireless subscribers’ October 10, 2007. of this ICR (or its OMB control number, messaging services, unless the if there is one) and then click on the ICR individual addressee has given the SUMMARY: The Federal Communications Commission, as part of its continuing Reference Number to view detailed sender express prior authorization. effort to reduce paperwork burden, information about this ICR.’’ The information collection invites the general public and other FOR FURTHER INFORMATION CONTACT: For requirements consist of 47 CFR 64.3100 Federal agencies to take this additional information or copies of the (a)(4), (d), (e) and (f) of the opportunity to comment on the information collection(s), contact Cathy Commission’s rules. following information collection, as Williams at (202) 418–2918. Federal Communications Commission. required by the Paperwork Reduction SUPPLEMENTARY INFORMATION: Marlene H. Dortch, Act of 1995, Public Law 104–13. An OMB Control Number: 3060–1078. Secretary. agency may not conduct or sponsor a Title: Rules and Regulations [FR Doc. E7–20341 Filed 10–15–07; 8:45 am] collection of information unless it Implementing the Controlling the BILLING CODE 6712–01–P displays a currently valid control Assault of Non-Solicited Pornography number. No person shall be subject to and Marketing Act of 2003, CG Docket any penalty for failing to comply with No. 04–53. a collection of information subject to the Form Number: Not applicable. FEDERAL TRADE COMMISSION Paperwork Reduction Act (PRA) that Type of Review: Extension of a does not display a valid control number. currently approved collection. Comments are requested concerning (a) Respondents: Individuals or [File No. 071 0101] whether the proposed collection of households; business or other for-profit Kyphon Inc., Disc-O-Tech Medical information is necessary for the proper entities; not-for-profit institutions. Technologies Ltd. (Under Voluntary performance of the functions of the Number of Respondents: 5,443,287. Liquidation), and Discotech Commission, including whether the Estimated Time per Response: 1–10 Orthopedic Technologies Inc.; information shall have practical utility; hours (average per response). Analysis of Agreement Containing (b) the accuracy of the Commission’s Frequency of Response: Consent Orders to Aid Public burden estimate; (c) ways to enhance Recordkeeping requirement; On Comment the quality, utility, and clarity of the occasion reporting requirements; third information collected; and (d) ways to party disclosure requirement. AGENCY: Federal Trade Commission. minimize the burden of the collection of Obligation To Respond: Required to ACTION: Proposed Consent Agreement. information on the respondents, obtain or retain benefits. including the use of automated Total Annual Burden: 30,254,598 SUMMARY: The consent agreement in this collection techniques or other forms of hours. matter settles alleged violations of information technology. Total Annual Cost: $13,639,892. federal law prohibiting unfair or DATES: Written Paperwork Reduction Nature and Extent of Confidentiality: deceptive acts or practices or unfair Act (PRA) comments should be Confidentiality is an issue to the extent methods of competition. The attached submitted on or before November 15, that individuals and households Analysis to Aid Public Comment 2007. If you anticipate that you will be provide personally identifiable describes both the allegations in the submitting comments, but find it information, which is covered under the draft complaint and the terms of the difficult to do so within the period of FCC’s system of records notice (SORN), consent order—embodied in the consent time allowed by this notice, you should FCC/CGB–1, ‘‘Informal Complaints and agreement—that would settle these advise the contacts listed below as soon Inquiries.’’ allegations. as possible. Privacy Act Impact Assessment: Yes. ADDRESSES: Direct all PRA comments to The Privacy Impact Assessment was DATES: Comments must be received on Nicholas A. Fraser, Office of completed on June 28, 2007. It may be or before November 8, 2007. Management and Budget, via Internet at reviewed at: http://www.fcc.gov/omd/ ADDRESSES: Interested parties are [email protected] or via privacyact/ invited to submit written comments. fax at (202) 395–5167 and to Cathy Privacy_Impact_Assessment.html. Comments should refer to ‘‘Kyphon Inc., Williams, Federal Communications Needs and Uses: The reporting File No. 071 0101,’’ to facilitate the Commission, Room 1–C823, 445 12th requirements included under this OMB organization of comments. A comment Street, SW., Washington, DC or via Control Number 3060–1078 enables the filed in paper form should include this Internet at [email protected] or Commission to collect information reference both in the text and on the [email protected]. regarding violations of the Controlling envelope, and should be mailed or To view a copy of this information the Assault of Non-Solicited delivered to the following address: collection request (ICR) submitted to Pornography and Marketing Act of 2003 Federal Trade Commission/Office of the OMB: (1) Go to the web page http:// (CAN–SPAM Act). This information is Secretary, Room 135-H, 600 www.reginfo.gov/public/do/PRAMain, used to help wireless subscribers stop Pennsylvania Avenue, NW., (2) look for the section of the web page receiving unwanted commercial mobile Washington, DC 20580. Comments called ‘‘Currently Under Review,’’ (3) services messages. containing confidential material must be click on the downward-pointing arrow On August 12, 2004, the Commission filed in paper form, must be clearly in the ‘‘Select Agency’’ box below the released an Order, Rules and labeled ‘‘Confidential,’’ and must ‘‘Currently Under Review’’ heading, (4) Regulations Implementing the comply with Commission Rule 4.9(c).

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16 CFR 4.9(c) (2005).1 The FTC is Reference Room, Room 130-H, 600 substantial competitor from the U.S. requesting that any comment filed in Pennsylvania Avenue, NW., market for minimally invasive vertebral paper form be sent by courier or Washington, DC 20580, either in person compression fracture (‘‘MIVCF’’) overnight service, if possible, because or by calling (202) 326-2222. treatment products. The proposed U.S. postal mail in the Washington area Public comments are invited, and may Consent Agreement would remedy the and at the Commission is subject to be filed with the Commission in either alleged violation by requiring a delay due to heightened security paper or electronic form. All comments divestiture that will replace the precautions. Comments that do not should be filed as prescribed in the competition that otherwise would be contain any nonpublic information may ADDRESSES section above, and must be lost in this market as a result of the instead be filed in electronic form as received on or before the date specified Acquisition. part of or as an attachment to e-mail in the DATES section. II. The Parties messages directed to the following e- mail box: [email protected]. Analysis of Agreement Containing Kyphon develops and markets The FTC Act and other laws the Consent Order to Aid Public Comment medical devices used to restore and Commission administers permit the I. Introduction preserve spinal function and diagnose collection of public comments to the source of low back pain, including The Federal Trade Commission consider and use in this proceeding as products used to treat vertebral (‘‘Commission’’) has accepted, subject to appropriate. All timely and responsive compression fractures in a minimally final approval, an Agreement public comments, whether filed in invasive manner. In 2006, Kyphon Containing Consent Orders (‘‘Consent paper or electronic form, will be reported worldwide sales of Agreement’’) from Kyphon Inc. considered by the Commission, and will approximately $408 million, and U.S. (‘‘Kyphon’’) and Disc-O-Tech Medical be available to the public on the FTC sales of $324 million. Technologies Ltd. (Under Voluntary Web site, to the extent practicable, Disc-O-Tech, an Israeli corporation Liquidation) and Discotech Orthopedic athttp;//www.ftc.gov. As a matter of and its U.S. subsidiary that develops, Technologies Inc. (collectively ‘‘Disc-O- discretion, the FTC makes every effort to manufactures, and sells products for remove home contact information for Tech’’). The purpose of the proposed minimally invasive orthopedic individuals from the public comments it Consent Agreement is to remedy the surgeries, introduced the Confidence receives before placing those comments anticompetitive effects that would system to the U.S. market in July 2006. on the FTC Web site. More information, otherwise result from Kyphon’s Disc-O-Tech’s global revenues were including routine uses permitted by the acquisition of Disc-O-Tech’s Confidence approximately $14 million in 2006. Privacy Act, may be found in the FTC’s assets. Under the terms of the proposed Consent Agreement, Kyphon and Disc- III. Minimally Invasive Vertebral privacy policy, athttp://www.ftc.gov/ftc/ Compression Fracture Treatments privacy.htm. O-Tech are required to divest all assets (including intellectual property) related FOR FURTHER INFORMATION CONTACT: Vertebral compression fractures to Disc-O-Tech’s Confidence business to Jonathan S. Klarfeld (202) 326-3187, (‘‘VCFs’’) occur when one or more a third party, enabling that third party Bureau of Competition, Room NJ-5108, vertebral bodies collapse. Osteoporosis, to manufacture and sell the Confidence 600 Pennsylvania Avenue, NW., a degenerative bone disease that largely cement and delivery system for the Washington, DC 20580. affects elderly women, causes the vast treatment of vertebral compression majority of VCFs, but they can also be SUPPLEMENTARY INFORMATION: Pursuant fractures. caused by cancerous tumors or to section 6(f) of the Federal Trade The proposed Consent Agreement has traumatic injury. For some patients, Commission Act, 38 Stat. 721, 15 U.S.C. been placed on the public record for VCFs cause extreme, persistent, and 46(f), and § 2.34 of the Commission thirty days to solicit comments from debilitating pain. Rules of Practice, 16 CFR 2.34, notice is interested persons. Comments received Doctors and their patients have few hereby given that the above-captioned during this period will become part of ways to effectively treat VCFs. In the consent agreement containing a consent the public record. After thirty days, the past, physicians most commonly treated order to cease and desist, having been Commission will again review the VCF patients with a variety of pain filed with and accepted, subject to final proposed Consent Agreement and the management techniques such as back approval, by the Commission, has been comments received, and will decide braces, bed rest, and pain medication. placed on the public record for a period whether it should withdraw the For many patients, these techniques do of thirty (30) days. The following proposed Consent Agreement or make it not control the pain associated with Analysis to Aid Public Comment final. VCFs and could lead to later health describes the terms of the consent On December 20, 2006, Kyphon problems. Open surgery involving the agreement, and the allegations in the agreed to acquire certain spine-related placement of metal hardware is rarely complaint. An electronic copy of the assets from Disc-O-Tech, including the performed to repair a VCF because the full text of the consent agreement intellectual property, sales agreements, patients are typically elderly and not package can be obtained from the FTC and other assets relating to Disc-O- good candidates for successful Home Page (for October 9, 2007), on the Tech’s B-Twin, SKy Bone Expander, procedures. MIVCF treatments were World Wide Web, at http://www.ftc.gov/ and Confidence product lines for developed to provide doctors and their os/2007/10/index.htm. A paper copy approximately $220 million (the patients with a VCF treatment that is can be obtained from the FTC Public ‘‘Acquisition’’). The Commission’s more effective than pain management complaint alleges that the proposed and safer and more effective than open 1 The comment must be accompanied by an explicit request for confidential treatment, acquisition of the assets related to the surgery. including the factual and legal basis for the request, Confidence system, if consummated, Vertebroplasty, the first MIVCF and must identify the specific portions of the would violate Section 7 of the Clayton treatment to be introduced, involves the comment to be withheld from the public record. Act, as amended, 15 U.S.C. § 18, and injection of a fairly liquid The request will be granted or denied by the Commission’s General Counsel, consistent with Section 5 of the Federal Trade polymethylmethacrylate bone cement applicable law and the public interest. See Commission Act, as amended, 15 U.S.C. into the fractured vertebral body under Commission Rule 4.9(c), 16 CFR 4.9(c). § 45, by removing an actual, direct, and fluoroscopy image guidance. The bone

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cement sets quickly, stabilizing the There are other competitors in the to review the material and respond to fracture and eliminating painful MIVCF treatment product market, any questions the FDA may have. In movement of loose bone in the vertebra. including Medtronic and Spineology, addition to the development and Vertebroplasty effectively relieves pain, but none provides the near-term regulatory time requirements for firms but many doctors have safety concerns competitive threat to Kyphon posed by seeking to enter the MIVCF treatment regarding the risk of the liquid bone Disc-O-Tech’s offering. Medtronic has product market, there are substantial cement leaking out of the vertebral had limited success selling its Arcuate intellectual property barriers an entrant body. XP product to date, and its product must overcome. Patent litigation among Kyphoplasty, introduced by Kyphon appears to hold limited growth competitors in this market is ongoing, in 1999, is similar to vertebroplasty, prospects. Spineology’s MIVCF offering and key patents act as a major obstacle except that the physician performs the has been and appears likely to remain to any prospective entrant. As such, any additional step of inflating one or two a niche product that competes primarily new MIVCF treatment device of any balloons inside the vertebral body for younger VCF patients. Although competitive significance would have to before injecting the bone cement. The several additional firms are attempting be designed around existing patents. principal advantage of kyphoplasty is to enter the MIVCF treatment product Finally, even after a non-infringing that the inflation of the balloons creates market, the time line for design is developed and the product is a cavity into which the bone cement can commercialization of these products is manufactured, a firm would still need to flow, reducing the likelihood that significantly behind that of the establish a U.S. sales and marketing cement will leak outside of the vertebral Confidence system, and none appears to force. Considering all these factors, body. Kyphoplasty may have the have the Confidence system’s entry into the manufacture and sale of additional benefit of helping to restore immediate prospects for success. MIVCF treatment products is likely to the vertebral body towards its pre- take longer than two years. Thus, timely IV. Competitive Effects and Entry fracture shape and height. Because of its and sufficient entry in response to a Conditions safety advantage and other perceived small but significant price increase is advantages, kyphoplasty is the most The Acquisition would cause extremely unlikely. widely used MIVCF treatment product significant competitive harm in the in the United States. market for MIVCF treatment products. V. The Proposed Consent Agreement Because of the superiority of MIVCF Confidence is Kyphon’s principal The parties have agreed, pursuant to treatment products over alternatives, the competitive threat, and, but for the the proposed Consent Agreement, to relevant product market in which to Acquisition, would make significant divest Disc-O-Tech’s Confidence assets analyze the competitive effects of the inroads into Kyphon’s near-monopoly to a Commission-approved acquirer no Acquisition is no larger than MIVCF position. Because both products offer a later than 60 days after the Commission treatment products. The relevant safe method for treating VCFs, many accepts the Consent Agreement for geographic market is the United States. physicians consider the Confidence public comment, effectively remedying MIVCF treatment products are medical system to be the best alternative to the Acquisition’s anticompetitive effects devices that are regulated by the United kyphoplasty, particularly for elderly in the MIVCF treatment product market. States Food and Drug Administration osteoporotic patients who receive the The Consent Agreement requires that (‘‘FDA’’). MIVCF treatment products vast majority of kyphoplasty treatments. the parties divest all assets relating to sold outside the United States, but not By eliminating such a close competitor, the Confidence system, including approved for sale in the United States, the Acquisition would likely allow tangible property, intellectual property, are not viable alternatives for U.S. Kyphon to unilaterally raise prices in and any permits and licenses that are consumers and hence are not in the the MIVCF treatment market. The necessary to manufacture, distribute, relevant market. anticompetitive effects of the and sell the Confidence system. In Kyphon’s premium-priced Acquisition are exacerbated by the fact addition, the parties must divest the kyphoplasty product dominates the that it appears to have been undertaken rights to certain Disc-O-Tech MIVCF treatment product market with with the specific goal of precluding development efforts related to the more than a ninety percent share based other major spine companies from Confidence system. To the extent that on revenues. Disc-O-Tech’s Confidence acquiring Confidence and marketing it an acquirer of the Confidence assets system is the first MIVCF treatment against kyphoplasty, which would have requires additional assets not included product that uses a highly viscous happened had Kyphon not acquired in the asset package, the Consent cement. Both Kyphon’s product, which Confidence itself. By enabling Kyphon, Agreement requires Kyphon to provide uses balloons, and Disc-O-Tech’s rather than a major spine company, to a license to any other assets it acquired product, which uses a highly viscous control the further development and from Disc-O-Tech, which will ensure cement, have substantially lower risks positioning of Confidence, Kyphon that the acquirer will be able to of leakage from the vertebral body would be able to avoid the competition immediately enter the MIVCF treatment following injection than do the that it otherwise would have faced in product market and remain a viable ‘‘traditional’’ vertebroplasty products the MIVCF treatment product market. competitor. offered by numerous other firms. All of As such, the Acquisition, if The proposed Consent Agreement the latter inject a low viscosity cement. consummated, would have a significant, contains several provisions to help As a result, Disc-O-Tech’s Confidence adverse effect on competition. ensure that the divestiture is successful. system is poised to become a closer New entry is not likely to avert the First, the Commission will evaluate substitute for Kyphon’s product than are anticompetitive effects of the proposed possible purchasers of the divested the traditional vertebroplasty products. transaction. It likely would take more assets to ensure that the competitive For this reason, traditional than two years for a would-be entrant to environment that would have existed vertebroplasty products will not develop a product, conduct clinical but for the transaction is restored. If the constrain the prices for Kyphon’s trials, and submit the product for FDA parties do not divest the Confidence product to the same extent that Disc-O- approval. After submitting an assets within the 60-day time period to Tech’s Confidence system would, absent application for FDA clearance or a Commission-approved buyer, or if its acquisition by Kyphon. approval, a firm must wait for the FDA Kyphon closes on the acquisition of the

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Confidence assets, the Consent By direction of the Commission, with facilities. The goals are to provide the Agreement provides for the Commission Commissioners Harbour and Kovacic following: (1) Firsthand exposure to to appoint a trustee to divest the assets. recused. industry’s drug development processes Second, Disc-O-Tech is required to Donald S. Clark, and (2) a venue for sharing information provide transitional services to the Secretary. about project management procedures Commission-approved buyer. These (but not drug-specific information) with [FR Doc. E7–20325 Filed 10–15–07: 8:45 am] transitional services, which are similar industry representatives. in form to what Disc-O-Tech would [Billing Code: 6750–01–S] have provided to Kyphon, may be II. The Site Tours Program necessary for a smooth transition of the Confidence assets to the acquirer and to DEPARTMENT OF HEALTH AND In this program, over a 2- to 3-day ensure continued and uninterrupted HUMAN SERVICES period, small groups (five or less) of service to customers during the regulatory project managers, including a transition. The Consent Agreement also Food and Drug Administration senior level regulatory project manager, requires that Kyphon covenant not to can observe operations of sue the acquirer of the Confidence assets Training Program for Regulatory pharmaceutical manufacturing and/or for infringing any intellectual property Project Managers; Information packaging facilities, pathology/ Available to Industry Kyphon acquired from Disc-O-Tech that toxicology laboratories, and regulatory is not being divested. This covenant AGENCY: Food and Drug Administration, affairs operations. Neither this tour nor covers not only the Confidence assets, HHS. any part of the program is intended as but also extends to any developments an ACTION: Notice. a mechanism to inspect, assess, judge, acquirer might make to the Confidence or perform a regulatory function, but is assets. This provision is designed as a SUMMARY: The Food and Drug meant rather to improve mutual safety net to ensure that Kyphon does Administration (FDA) Center for Drug understanding and to provide an avenue not interfere with the acquirer’s freedom Evaluation and Research (CDER) is for open dialogue. During the Site Tours to compete in the U.S. MIVCF treatment announcing the continuation of the Program, regulatory project managers product market with a patent Regulatory Project Management Site will also participate in daily workshops infringement lawsuit based on former Tours and Regulatory Interaction Disc-O-Tech intellectual property. with their industry counterparts, Program (the Site Tours Program). The focusing on selective regulatory issues Finally, to ensure that the Commission purpose of this document is to invite important to both CDER staff and will have an opportunity to review any pharmaceutical companies interested in industry. The primary objective of the attempt by Kyphon to acquire or license participating in this program to contact daily workshops is to learn about the any of the Confidence assets at any time CDER. team approach to drug development, within the next two years, the proposed DATES: Pharmaceutical companies may including drug discovery, preclinical Consent Agreement contains a prior submit proposed agendas to the agency evaluation, tracking mechanisms, and notice provision committing Kyphon to by December 17, 2007. an H-S-R framework, even if such a regulatory submission operations. The transaction otherwise would be non- ADDRESSES: Submit written proposed overall benefit to regulatory project reportable. agendas regarding the Site Tours managers will be exposure to project The Order to Hold Separate and Program to Beth Duvall-Miller, Center management, team techniques, and for Drug Evaluation and Research, Food Maintain Assets that is included in the processes employed by the and Drug Administration, 10903 New Consent Agreement requires that Disc- pharmaceutical industry. By O-Tech maintain the viability of the Hampshire Ave., Bldg. 22, rm. 6466, Silver Spring, MD 20993–0002. You can participating in this program, the Confidence business as a competitive regulatory project manager will grow operation until the business is also reach Beth Duvall-Miller by telephone at 301–796–0700 or by e-mail professionally by gaining a better transferred to a Commission-approved understanding of industry processes and buyer. Specifically, Disc-O-Tech must at [email protected]. procedures. maintain the confidentiality of sensitive SUPPLEMENTARY INFORMATION: business information, and take all III. Site Selection actions required to prevent the I. Background destruction or wasting of the Confidence An important part of CDER’s All travel expenses associated with assets. Kyphon may not interfere with commitment to make safe and effective the site tours will be the responsibility the Confidence business during the drugs available to all Americans is of CDER; therefore, selection will be pendency of the divestiture by having optimizing the efficiency and quality of based on the availability of funds and any involvement in the Confidence the drug review process. To support this resources for each fiscal year. Firms business, making offers of employment primary goal, CDER has initiated interested in offering a site tour or to Disc-O-Tech employees involved in various training and development learning more about this training the Confidence business before the programs to promote high performance opportunity should respond by (see Confidence assets are divested, or in its regulatory project management DATES) by submitting a proposed agenda interfering with Disc-O-Tech’s suppliers staff. CDER seeks to enhance to Beth Duvall-Miller (see ADDRESSES). of materials for the Confidence product. significantly review efficiency and The purpose of this analysis is to review quality by providing the staff Dated: October 9, 2007. facilitate public comment on the with a better understanding of the Jeffrey Shuren, proposed Consent Agreement, and it is pharmaceutical industry and its Assistant Commissioner for Policy. not intended to constitute an official operations. To this end, CDER is [FR Doc. E7–20430 Filed 10–15–07; 8:45 am] interpretation of the proposed Decision continuing its training program to give BILLING CODE 4160–01–S and Order or to modify its terms in any regulatory project managers the way. opportunity to tour pharmaceutical

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DEPARTMENT OF HEALTH AND Proposed Project objectives of the grant project, and HUMAN SERVICES The HRSA Uniform Progress Report outcome measures and indicators (UPR) is used for the preparation and developed by the Bureau to meet Health Resources and Services submission of continuation applications requirements of the Government Administration for Title VII and VIII health professions Performance and Results Act (GPRA). and nursing education and training The Bureau has simplified several Agency Information Collection programs. The UPR measures grantee tables in UPR II and added the ability Activities: Submission for OMB success in meeting (1) the objectives of for grantees to provide better race and Review; Comment Request the grant project, and (2) the cross- ethnicity data. In addition, to respond to cutting outcomes developed for the the requirements of GPRA, the Bureau Periodically, the Health Resources Bureau of Health Professions’ education has revised its cross-cutting goals, and Services Administration (HRSA) and training programs. Part I of the expected outcomes, and indicators in publishes abstracts of information progress report is designed to collect UPR III CPMS that provide the collection requests under review by the information to determine whether framework for collection of outcome Office of Management and Budget sufficient progress has been made on the data for its Title VII and VIII programs. (OMB), in compliance with the approved project objectives, as grantees An outcome-based performance Paperwork Reduction Act of 1995 (44 must demonstrate satisfactory progress system is critical for measuring whether U.S.C. Chapter 35). To request a copy of to warrant continuation of funding. Part program support is meeting national the clearance requests submitted to II collects information on activities health workforce objectives. At the core OMB for review, call the HRSA Reports specific to a given program. Part III, the of the performance measurement system Clearance Office on (301) 443–1129. Comprehensive Performance are found cross-cutting goals with Management System (CPMS), collects respect to workforce quality, supply, The following request has been data on overall project performance diversity, and distribution of the health submitted to the Office of Management related to the Bureau’s strategic goals, professions workforce. and Budget for review under the objectives, outcomes, and indicators. The estimated annual burden is as Paperwork Reduction Act of 1995: Progress will be measured based on the follows:

Responses Report Number of per Total Hours per Total burden respondents respondent responses response hours

Uniform Progress Report ...... 1,500 1 1,500 7 10,500

Total ...... 1,500 ...... 1,500 ...... 10,500

Written comments and SUMMARY: The ACHDGDNC will be Bureau, HRSA, Parklawn Building, recommendations concerning the conducting a two hour conference call Room 18A–19, 5600 Fishers Lane, proposed information collection should to hear a presentation from the Rockville, Maryland 20857; telephone be sent within 30 days of this notice to ACHDGDNC’s Evidence Review (301) 443–1080; fax (301) 443–8604; or the desk officer for HRSA, either by Workgroup and discuss the Committee’s e-mail: [email protected]. e-mail to Report on long-term followup. Members of the public can present [email protected] or by oral comments during the conference DATES: The conference call will be held fax to 202–395–6974. Please direct all call during the public comment period. on November 14, 2007, at 2 p.m. EST. correspondence to the ‘‘attention of the If a member of the public wishes to Participants must dial: 1–877–922–9969 desk officer for HRSA.’’ speak, the Department should be and enter the corresponding pass code notified at the time the participant Dated: October 9, 2007. 627445. For security reasons, the pass Alexandra Huttinger, registers. Other members of the public code 627445 is required to join the call. will be allocated time if time permits. Acting Director, Division of Policy Review Participants should call no later than and Coordination. 1:50 p.m. EST in order for the logistics FOR FURTHER INFORMATION CONTACT: [FR Doc. E7–20383 Filed 10–15–07; 8:45 am] to be set up. Participants are asked to Michele A. Lloyd-Puryear, Executive BILLING CODE 4165–15–P register for the conference by contacting Secretary, ACHDGDNC, Maternal and Carrie Diener at (301) 443–1080 or e- Child Health Bureau, HRSA, Parklawn mail [email protected]. The registration Building, Room 18A–19, 5600 Fishers DEPARTMENT OF HEALTH AND deadline is November 12, 2007. The Lane, Rockville, Maryland 20857; HUMAN SERVICES Department will try to accommodate telephone (301) 443–1080; fax (301) those wishing to participate in the call. 443–8604; or e-mail: Health Resources and Services Any member of the public can submit [email protected]. Administration written materials that will be distributed SUPPLEMENTARY INFORMATION: The Advisory Committee on Heritable to Committee members prior to the ACHDGDNC was chartered under Disorders and Genetic Diseases in conference call. Parties wishing to Section 1111 of the Public Health Newborns and Children (ACHDGDNC) submit written comments should ensure Service (PHS) Act, 42 U.S.C. 300b–10, that the comments are postmarked or in February 2003 to advise the Secretary AGENCY: Health Resources and Services emailed no later than November 12, of the U.S. Department of Health and Administration (HRSA), HHS. 2007, for consideration. Comments Human Services. The ACHDGDNC is should be submitted to Michele A. directed to review and report regularly ACTION: Notice of ACHDGDNC Meeting Lloyd-Puryear, Executive Secretary, on newborn and childhood screening to be held by Conference Call. ACHDGDNC, Maternal and Child Health practices for heritable disorders, to

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recommend improvements in the DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND national newborn and childhood HUMAN SERVICES HUMAN SERVICES heritable screening programs, and to engage in the following activities: National Institutes of Health National Institutes of Health (1) Provide advice and recommendations to the Secretary National Cancer Institute; Notice of National Center for Research concerning grants and projects awarded Meeting Resources; Notice of Closed Meetings or funded under its designated Pursuant to section 10(a) of the Pursuant to section 10(d) of the authorizing PHS Act; Federal Advisory Committee Act, as Federal Advisory Committee Act, as (2) Provide technical information to amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice the Secretary for the development of is hereby given of a meeting of the is hereby given of the following policies and priorities for the National Cancer Institute Board of meetings. administration of grants under the Scientific Advisors. The meetings will be closed to the designated PHS act; and The meeting will be open to the public in accordance with the (3) Provide such recommendations, public, with attendance limited to space provisions set forth in sections advice or information as may be available. Individuals who plan to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., necessary to enhance, expand or attend and need special assistance, such as amended. The grant applications and improve the ability of the Secretary to as sign language interpretation or other the discussions could disclose reduce the mortality or morbidity in reasonable accommodations, should confidential trade secrets or commercial newborns and children from heritable notify the Contact Person listed below property such as patentable material, disorders. The purpose of this call is to hear in advance of the meeting. and personal information concerning discussion from the ACHDGDNC Name of Committee: National Cancer individuals associated with the grant members on the proposed review Institute Board of Scientific Advisors. applications, the disclosure of which template from the ACHDGDNC’s Date: November 15–16, 2007. would constitute a clearly unwarranted Evidence Workgroup and, if the Time: November 15, 2007, 8 a.m. to 6 p.m. invasion of personal privacy. ACHDGDNC chooses, to approve that Agenda: Director’s Report: Ongoing and Name of Committee: National Center for template. In addition, the ACHDGDNC New Business; Reports of Program Review Research Resources Special Emphasis Panel; may choose to develop Group(s); and Budget Presentation; Reports of Conference Grant SEP. recommendations from the ACHDGDNC Special Initiatives; RFA and RFP Concept Date: October 31, 2007. Reviews; and Scientific Presentations. Time: 1 p.m. to 3 p.m. to the Secretary concerning the Place: National Institutes of Health, Agenda: To review and evaluate grant ACHDGDNC’s evaluation and Building 31, 31 Center Drive, 6th Floor, applications. decisionmaking process and newborn Conference Room 10, Bethesda, MD 20892. Place: National Institutes of Health, One screening long-term followup. Time: November 16, 2007, 8:30 a.m. to 1 Democracy Plaza, 6701 Democracy Dated: October 9, 2007. p.m. Boulevard, Room—1087, Bethesda, MD Agenda: Reports of Special Initiatives; RFA 20892 (Telephone Conference Call). Alexandra Huttinger, and RFP Concept Reviews; and Scientific Contact Person: Steven Birken, PhD, Acting Director, Division of Policy Review Presentations. Scientific Review Administrator, Office of and Coordination. Place: National Institutes of Health, Review, National Center for Research [FR Doc. E7–20387 Filed 10–15–07; 8:45 am] Building 31, 31 Center Drive, 6th Floor, Resources, National Institutes of Health, 6701 BILLING CODE 4165–15–P Conference Room 10, Bethesda, MD 20892. Democracy Blvd., 10th Fl., Bethesda, MD Contact Person: Paulette S. Gray, PhD, 20892, (301) 435–1078, Executive Secretary, Director, Division of [email protected]. DEPARTMENT OF HEALTH AND Extramural Activities, National Cancer This notice is being published less than 15 days prior to the meeting due to the timing HUMAN SERVICES Institute, National Institutes of Health, 6116 Executive Boulevard, 8th Floor, RM. 8001, limitations imposed by the review and funding cycle. National Institutes of Health Bethesda, MD 20892, 301–496–5147, [email protected]. Name of Committee: National Center for National Cancer Institute; Amended Information is also available on the Research Resources Special Emphasis Panel; C.O.B.R.E.—SEP. Notice of Meeting Institute’s/Center’s home page: deainfo.nci.nih.gov/advisory/bsa.htm, where Date: November 1, 2007. Notice is hereby given of a change in an agenda and any additional information for Time: 8 a.m. to 5 p.m. the meeting of the President’s Cancer the meeting will be posted when available. Agenda: To review and evaluate grant (Catalogue of Federal Domestic applications. Panel, October 22, 2007, 8 a.m. to Place: Hyatt Regency Bethesda, One October 22, 2007, 6:30 p.m., Hyatt Assistance Program Nos. 93.392, Cancer Bethesda Metro Center, 7400 Wisconsin Regency La Jolla, 3777 La Jolla Village Construction; 93.393, Cancer Cause and Avenue, Bethesda, MD 20814. Drive, San Diego, CA 92122 which was Prevention Research; 93.394, Cancer Contact Person: Linda C. Duffy, PhD, published in the Federal Register on Detection and Diagnosis Research; Scientific Review Administrator, Office of September 26, 2007, 72 FR 54667. 93.395, Cancer Treatment Research; Review, National Center for Research This meeting is being amended to 93.396, Cancer Biology Research; Resources, National Institutes of Health, 6701 reschedule the closed session to 93.397, Cancer Centers Support; 93.398, Dem. Blvd., 1 Dem, Plaza, Rm. 1082, MSC 4874, Bethesda, MD 20892–4874, 301–435– Tuesday, October 30, 2007, 2 p.m.–4 Cancer Research Manpower; 93.399, 0810, [email protected]. Cancer Control, National Institutes of p.m., as a telephone conference. The Name of Committee: National Center for meeting is closed to the public. Health, HHS) Research Resources Special Emphasis Panel; Dated: October 5, 2007. Dated: October 10, 2007. Comparative Medicine SEP. Jennifer Spaeth, Jennifer Spaeth, Date: November 7, 2007. Time: 2:30 p.m. to 5:30 p.m. Director, Office of Federal Advisory Director, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy. Committee Policy. applications. [FR Doc. 07–5093 Filed 10–15–07; 8:45 am] [FR Doc. 07–5095 Filed 10–15–07; 8:45 am] Place: National Institutes of Health, One BILLING CODE 4140–01–M BILLING CODE 4140–01–M Democracy Plaza, 6701 Democracy

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Boulevard, Room—1087, Bethesda, MD Contact Person: Robert B Moor, PhD, limitations imposed by the review and 20892 (Telephone Conference Call). Health Scientist Administrator, Blood funding cycle. Contact Person: Steven Birken, PhD, Diseases Program, Division of Blood Disease (Catalogue of Federal Domestic Assistance Scientific Review Administrator, National and Resources, National Heart, Lung, and Program Nos. 93.375, Minority Biomedical Center for Research Resources, or National Blood Institute, NIH, 6701 Rockledge Drive, Research Support; 93.821, Cell Biology and Room 10162, Bethesda, MD 20892, 301/435– Institutes of Health, 6701 Democracy Biophysics Research; 93.859, Pharmacology, 0050. Boulevard, One Democracy Plaza, Room Physiology, and Biological Chemistry Information is also available on the 1078, MSC 4874, Bethesda, MD 20892–4874, Research; 93.862, Genetics and 301–435–0815, [email protected]. Institute’s/Center’s home page: www.nhlbi.nih.gov/meetings/index.htm, Developmental Biology Research; 93.88, Name of Committee: National Center for Minority Access to Research Careers; 93.96, Research Resources Special Emphasis Panel; where an agenda and any additional information for the meeting will be posted Special Minority Initiatives, National CM SEP 08’. when available. Institutes of Health, HHS) Date: November 19, 2007. Time: 2 p.m. to 3:30 p.m. (Catalogue of Federal Domestic Assistance Dated: October 5, 2007. Agenda: To review and evaluate grant Program Nos. 933.233, National Center for Jennifer Spaeth, Sleep Disorders Research; 93.837, Heart and applications. Director, Office of Federal Advisory Place: National Institutes of Health, 1 Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases Committee Policy. Democracy Plaza, 6701 Democracy Blvd., [FR Doc. 07–5083 Filed 10–15–07; 8:45 am] 1087, Bethesda, MD 20892 (Telephone and Resources Research, National Institutes Conference Call). of Health, HHS) BILLING CODE 4140–01–M Contact Person: Steven Birken, PhD, Dated: October 3, 2007. Scientific Review Administrator, National Jennifer Spaeth, Center for Research Resources, or National DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory HUMAN SERVICES Institutes of Health, 6701 Democracy Committee Policy. Boulevard, One Democracy Plaza, Room 1078, MSC 4874, Bethesda, MD 20892–4874, [FR Doc. 07–5084 Filed 10–15–07; 8:45 am] National Institutes of Health 301–435–0815, [email protected]. BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance National Institute of Aging; Notice of Program Nos. 93.306, Comparative Medicine; Closed Meeting 93.333, Clinical Research; 93.371, Biomedical DEPARTMENT OF HEALTH AND Technology; 93.389, Research Infrastructure, HUMAN SERVICES Pursuant to section 10(d) of the 93.306, 93.333, National Institutes of Health, Federal Advisory Committee Act, as HHS) National Institutes of Health amended (5 U.S.C. Appendix 2), notice Dated: October 5, 2007. National Institute of General Medical is hereby given of the following Jennifer Spaeth, Sciences; Notice of Closed Meeting meeting. Director, Office of Federal Advisory The meeting will be closed to the Committee Policy. Pursuant to section 10(d) of the public in accordance with the Federal Advisory Committee Act, as [FR Doc. 07–5089 Filed 10–15–07; 8:45 am] provisions set forth in sections amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140–01–M 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following as amended. The grant applications and meeting. the discussions could disclose The meeting will be closed to the DEPARTMENT OF HEALTH AND confidential trade secrets or commercial public in accordance with the HUMAN SERVICES property such as patentable material, provisions set forth in sections and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health individuals associated with the grant as amended. The grant applications and applications, the disclosure of which National Heart, Lung, and Blood the discussions could disclose would constitute a clearly unwarranted Institute; Notice of Meeting confidential trade secrets or commercial invasion of personal privacy. property such as patentable material, Pursuant to section 10(d) of the and personal information concerning Name of Committee: National Institute on Federal Advisory Committee Act, as individuals associated with the grant Aging Special Emphasis Panel; Alzheimer amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which Pathogenesis. is hereby given of a meeting of the would constitute a clearly unwarranted Date: October 24, 2007. Sickle Cell Disease Advisory invasion of personal privacy. Time: 9 a.m. to 12 p.m. Committee. Agenda: To review and evaluate grant The meeting will be open to the Name of Committee: National Institute of applications. public, with attendance limited to space General Medical Sciences Special Emphasis Place: National Institute on Aging, Panel; MBRS Support of Competitive Gateway Building, 7201 Wisconsin Avenue, available. Individuals who plan to Research. attend and need special assistance, such 2C212, Bethesda, MD 20814 (Telephone Date: October 23–24, 2007. Conference Call). as sign language interpretation or other Time: 1 p.m. to 4 p.m. Contact Person: William Cruce, PhD, reasonable accommodations, should Agenda: To review and evaluate grant Health Scientist Administrator, Scientific notify the Contact Person listed below applications. Review Office, National Institute on Aging, Place: National Institutes of Health, in advance of the meeting. National Institutes of Health, Room 2C212, Natcher Building, 45 Center Drive, Bethesda, 7201 Wisconsin Avenue, Bethesda, MD Name of Committee: Sickle Cell Disease MD 20892. (Telephone Conference Call). 20814, 301–402–7704, [email protected]. Advisory Committee. Contact Person: Margaret J Weidman, PhD, Date: October 29, 2007. Office of Scientific Review, National Institute This notice is being published less than 15 Time: 8:30 a.m. to 4 p.m. of General Medical Sciences, National days prior to the meeting due to the timing Agenda: Discussion of Programs and Institutes of Health, 45 Center Drive, Room limitations imposed by the review and Issues. 3AN18B, Bethesda, MD 20892, 301 594– funding cycle. Place: National Institutes of Health, 6701 3663, [email protected]. (Catalogue of Federal Domestic Assistance Rockledge Drive, Conference Room 9112/ This notice is being published less than 15 Program Nos. 93.866, Aging Research, 9116, Bethesda, MD 20892. days prior to the meeting due to the timing National Institutes of Health, HHS)

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Dated: October 5, 2007. DEPARTMENT OF HEALTH AND Boulevard, Bethesda, MD 20892 (Telephone Jennifer Spaeth, HUMAN SERVICES Conference Call). Contact Person: Robert Wellner, PhD, Director, Office of Federal Advisory National Institutes of Health Scientific Review Administrator, Review Committee Policy. Branch, DEA, NIDDK, National Institutes of [FR Doc. 07–5086 Filed 10–15–07; 8:45 am] National Institute of Diabetes and Health, Room 748, 6707 Democracy BILLING CODE 4140–01–M Digestive and Kidney Diseases; Notice Boulevard, Bethesda, MD 20892–5452, (301) of Closed Meetings 594–7791, [email protected]. Name of Committee: National Institute of DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Diabetes and Digestive and Kidney Diseases HUMAN SERVICES Federal Advisory Committee Act, as Special Emphasis Panel; Bariatric Surgery amended (5 U.S.C. Appendix 2), notice Ancillary Studies. National Institutes of Health is hereby given of the following Date: November 14, 2007. meetings. Time: 2 p.m. to 3:30 p.m. The meetings will be closed to the Agenda: To review and evaluate grant National Institute on Drug Abuse; applications. Notice of Closed Meeting public in accordance with the Place: National Institutes of Health, Two provisions set forth in sections Democracy Place, 6707 Democracy Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Boulevard, Bethesda, MD 20892 (Telephone Federal Advisory Committee Act, as as amended. The grant applications and Conference Call). amended (5 U.S.C. Appendix 2), notice the discussions could disclose Contact Person: Paula A. Rushing, PhD, is hereby given of the following confidential trade secrets or commercial Scientific Review Administrator, Review Branch, DEA, NIDDK, National Institutes of meeting. property such as patentable material, and personal information concerning Health, Room 747, 6707 Democracy The meeting will be closed to the individuals associated with the grant Boulevard, Bethesda, MD 20892–5452, (301) 594–8895 [email protected]. public in accordance with the applications, the disclosure of which provisions set forth in sections would constitute a clearly unwarranted Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. as amended. The grant applications and Special Emphasis Panel; NAPS2 Name of Committee: National Institute of Continuation. the discussions could disclose Diabetes and Digestive and Kidney Diseases Date: November 15, 2007. confidential trade secrets or commercial Special Emphasis Panel; Erectile Dysfunction Time: 11 a.m. to 12:30 p.m. property such as patentable material, and Endothelial Function. Agenda: To review and evaluate grant and personal information concerning Date: October 31, 2007. applications. individuals associated with the grant Time: 11 a.m. to 12 p.m. Place: National Institutes of Health, Two applications, the disclosure of which Agenda: To review and evaluate grant Democracy Place, 6707 Democracy applications. would constitute a clearly unwarranted Boulevard, Bethesda, MD 20892 (Telephone Place: National Institutes of Health, Two Conference Call). invasion of personal privacy. Democracy Plaza, 6707 Democracy Contact Person: Carol J. Goter-Robinson, Name of Committee: National Institute on Boulevard, Bethesda, MD 20892 (Telephone PhD, Scientific Review Administrator, Conference Call). Drug Abuse Special Emphasis Panel; Review Branch, DEA, NIDDK, National Contact Person: Carol J. Goter-Robinson, Pathway to Independence Award. Institutes of Health, Room 748, 6707 PhD, Scientific Review Administrator, Democracy Boulevard, Bethesda, MD 20892– Date: October 30, 2007. Review Branch, DEA, NIDDK, National 5452, (301) 594–7791, Time: 1:30 p.m. to 4:30 p.m. Institutes of Health, Room 748, 6707 [email protected]. Agenda: To review and evaluate grant Democracy Boulevard, Bethesda, MD 20892– Name of Committee: National Institute of applications. 5452, (301) 594–7791, [email protected]. Diabetes and Digestive and Kidney Diseases Place: National Institutes of Health, 6101 Special Emphasis Panel; Enzyme Assessment Executive Boulevard, Rockville, MD 20852 Name of Committee: National Institute of Core. (Telephone Conference Call). Diabetes and Digestive and Kidney Diseases Date: November 15, 2007. Special Emphasis Panel; Diabetes-Related Contact Person: Jose F. Ruiz, PhD, Time: 1 p.m. to 3 p.m. Risk Factors Ancillary Study. Scientific Review Administrator, Office of Agenda: To review and evaluate grant Date: November 9, 2007. applications. Extramural Affairs, National Institute on Time: 2 p.m. to 3:30 p.m. Place: National Institutes of Health, Two Drug Abuse, NIH, 6101 Executive Blvd., Rm. Agenda: To review and evaluate grant 213, MSC 8401, Bethesda, MD 20892, 301– applications. Democracy Place, 6707 Democracy 451–3086, [email protected]. Place: National Institutes of Health, Two Boulevard, Bethesda, MD 20892 (Telephone Democracy Plaza, 6707 Democracy Conference Call). (Catalogue of Federal Domestic Assistance Contact Person: Robert Wellner, PhD, Program Nos. 93.279, Drug Abuse and Boulevard, Bethesda, MD 20892 (Telephone Conference Call). Scientific Review Administrator, Review Addiction Research Programs, National Contact Person: Michele L. Barnard, PhD, Branch, DEA, NIDDK, National Institutes of Institutes of Health, HHS) Scientific Review Administrator, Review Health, Room 757, 6707 Democracy Dated: October 5, 2007. Branch, DEA, NIDDK, National Institutes of Boulevard, Bethesda, MD 20892–5452, Health, Room 753, 6707 Democracy [email protected]. Jennifer Spaeth, Boulevard, Bethesda, MD 20892–5452, (301) Name of Committee: National Institute of Director, Office of Federal Advisory 594–8898, [email protected]. Diabetes and Digestive and Kidney Diseases Committee Policy. Name of Committee: National Institute of Special Emphasis Panel; Hematopietic Stem [FR Doc. 07–5087 Filed 10–15–07; 8:45 am] Diabetes and Digestive and Kidney Diseases Cells. BILLING CODE 4140–01–M Special Emphasis Panel; Diabetes, Date: November 19, 2007. Endocrinology, and Metabolic Diseases. Time: 10 a.m. to 5 p.m. Date: November 13, 2007. Agenda: To review and evaluate grant Time: 1 p.m. to 3 p.m. applications. Agenda: To review and evaluate grant Place: Bethesda Marriott Suites, 6711 applications. Democracy Boulevard, Bethesda, MD 20892. Place: National Institutes of Health, Two Contact Person: Carol J. Goter-Robinson, Democracy Plaza, 6707 Democracy PhD, Scientific Review Administrator,

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Review Branch, DEA, NIDDK, National Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Institutes of Health, Room 748, 6707 applications. Program Nos. 93.855, Allergy, Immunology, Democracy Boulevard, Bethesda, MD 20892– Place: North Bethesda Marriott, 5701 and Transplantation Research; 93.856, 5452, (301) 594–7791, Marinelli Road, Bethesda, MD 20852. Microbiology and Infectious Diseases [email protected]. Contact Person: Mercy R. Prabhudas, PhD, Research, National Institutes of Health, HHS) Scientific Review Administrator, Scientific Name of Committee: National Institute of Dated: October 5, 2007. Diabetes and Digestive and Kidney Diseases Review Program, Division of Extramural Special Emphasis Panel; Ancillary Study in Activities, NIAID/NIH/DHHS, 6700B Jennifer Spaeth, the Genetics of Diabetes Type 2. Rockledge Drive, MSC 7616, Bethesda, MD Director, Office of Federal Advisory Date: November 19, 2007. 20892–7616, 301–451–2615, [email protected]. Committee Policy. Time: 1 p.m. to 3 p.m. (Catalogue of Federal Domestic Assistance [FR Doc. 07–5091 Filed 10–15–07; 8:45 am] Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, BILLING CODE 4140–01–M applications. and Transplantation Research; 93.856, Place: National Institutes of Health, Two Microbiology and Infectious Diseases Democracy Place, 6707 Democracy Research, National Institutes of Health, HHS) Boulevard, Bethesda, MD 20892 (Telephone DEPARTMENT OF HEALTH AND Conference Call). Dated: October 5, 2007. HUMAN SERVICES Contact Person: Maria E. Davila-Bloom, Jennifer Spaeth, PhD, Scientific Review Administrator, Director, Office of Federal Advisory National Institutes of Health Review Branch, DEA, NIDDK, National Committee Policy. Institutes of Health, Room 758, 6707 [FR Doc. 07–5090 Filed 10–15–07; 8:45 am] National Institute of Child Health and Democracy Boulevard, Bethesda, MD 20892– Human Development; Notice of Closed BILLING CODE 4140–01–M 5452, (301) 594–7637 davila- Meeting [email protected]. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Program Nos. 93.847, Diabetes, HUMAN SERVICES Federal Advisory Committee Act, as Endocrinology and Metabolic Research; amended (5 U.S.C. Appendix 2), notice 93.848, Digestive Diseases and Nutrition National Institutes of Health is hereby given of the following Research; 93.849, Kidney Diseases, Urology meeting. and Hematology Research, National Institutes National Institute of Allergy and The meeting will be closed to the of Health, HHS) Infectious Diseases; Notice of Closed public in accordance with the Dated: October 5, 2007. Meeting provisions set forth in sections Jennifer Spaeth, Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Director, Office of Federal Advisory as amended. The grant applications and Committee Policy. Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice the discussions could disclose [FR Doc. 07–5088 Filed 10–15–07; 8:45 am] is hereby given of the following confidential trade secrets or commercial BILLING CODE 4140–01–M meeting. property such as patentable material, The meeting will be closed to the and personal information concerning DEPARTMENT OF HEALTH AND public in accordance with the individuals associated with the grant HUMAN SERVICES provisions set forth in sections applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted National Institutes of Health as amended. The grant applications and invasion of personal privacy. the discussions could disclose Name of Committee: National Institute of National Institute of Allergy and confidential trade secrets or commercial Child Health and Human Development Initial Infectious Diseases; Notice of Closed property such as patentable material, Review Group; Population Sciences Meeting and personal information concerning Subcommittee. individuals associated with the grant Date: November 8–9, 2007. Pursuant to section 10(d) of the applications, the disclosure of which Time: 8 a.m. to 5 p.m. Federal Advisory Committee Act, as would constitute a clearly unwarranted Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice invasion of personal privacy. applications. is hereby given of the following Place: Double Tree Hotel, 1515 Rhode meeting. Name of Committee: National Institute of Island Avenue, NW., Washington, DC 20005. The meeting will be closed to the Allergy and Infectious Diseases Special Contact Person: Carla T. Walls, PhD., public in accordance with the Emphasis Panel; R13 Conference Review. Scientific Review Administrator, Division of provisions set forth in sections Date: October 31, 2007. Scientific Review, National Institute of Child Time: 1 p.m. to 4 p.m. Health, and Human Development, NIH, 6100 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant as amended. The grant applications and Executive Blvd., Room 5B01, Bethesda, MD applications and/or proposals. 20892, (301) 435–6898, [email protected]. the discussions could disclose Place: National Institutes of Health, confidential trade secrets or commercial Rockledge 6700, 6700B Rockledge Drive, (Catalogue of Federal Domestic Assistance property such as patentable material, Bethesda, MD 20817 (Telephone Conference Program Nos. 93.864, Population Research; Call). 93.865, Research for Mothers and Children; and personal information concerning 93.929, Center for Medical Rehabilitation individuals associated with the grant Contact Person: Ellen S. Buczko, PhD., Scientific Review Administrator, Scientific Research; 93.209, Contraception and applications, the disclosure of which Infertility Loan Repayment Program, National would constitute a clearly unwarranted Review Program, Division of Extramural Activities, National Institutes of Health/ Institutes of Health, HHS). invasion of personal privacy. NIAID, 6700B Rockledge Drive, MSC 7616, Dated: October 5, 2007. Name of Committee: National Institute of Bethesda, MD 20892–7616, 301–451–2676, Jennifer Spaeth, Allergy and Infectious Diseases Special [email protected]. Director, Office of Federal Advisory Emphasis Panel; T Cell Regulation and This notice is being published less than 15 Committee Policy. Tolerance. days prior to the meeting due to the timing Date: November 6, 2007. limitations imposed by the review and [FR Doc. 07–5092 Filed 10–15–07; 8:45 am] Time: 8 a.m. to 6 p.m. funding cycle. BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND Contact Person: Megal Libbey, PhD, Agenda: To review and evaluate grant HUMAN SERVICES Scientific Review Administrator, Division of applications. Extramural Activities, National Institute of Place: Residence Inn Marriott, 7335 National Institute of Health Mental Health, NIH, Neuroscience Center, Wisconsin Ave., Bethesda, MD 20814. 6001 Executive Blvd., Room 6148, MSC 9609, Contact Person: Brian R. Pike, PhD, Office National Institute of Mental Health; Rockville MD 20852, 301–402–6807, of Scientific Review, National Institute of Notice of Closed Meetings [email protected]. General Medical Sciences, National Institutes (Catalogue of Federal Domestic Assistance of Health, 45 Center Drive, Room 3AN18, Pursuant to section 10(d) of the Program Nos. 93.242, Mental Health Research Bethesda, MD 20892, (301) 594–3907, Federal Advisory Committee Act, as Grants; 93.281, Scientist Development [email protected]. amended (5 U.S.C. Appendix 2), notice Award, Scientist Development Award for Name of Committee: National Institute of is hereby given of the following Clinicians, and Research Scientist Award; General Medical Sciences Initial Review meetings. 93.282, Mental Health National Research Group, Biomedical Research and Research The meetings will be closed to the Service Awards for Research Training, Training Review Subcommittee B. public in accordance with the National Institutes of Health, HHS) Date: November 9, 2007. provisions set forth in sections Dated: October 10, 2007. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate and grant Jennifer Spaeth, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. as amended. The grant applications and Director, Office of Federal Advisory Place: Residence Inn Marriott, 7335 the discussions could disclose Committee Policy. Wisconsin Ave., Bethesda, MD 20814. confidential trade secrets or commercial [FR Doc. 07–5094 Filed 10–15–07; 8:45 am] Contact Person: Arthur L. Zachary, PhD, property such as patentable material, BILLING CODE 4140–01–M Scientific Review Administrator, Office of and personal information concerning Scientific Review, National Institute of individuals associated with the grant General Medical Sciences, National Institutes applications, the disclosure of which DEPARTMENT OF HEALTH AND of Health, Natcher Building, Room 3AN18, would constitute a clearly unwarranted HUMAN SERVICES Bethesda, MD 20892, (301) 594–2886, [email protected]. invasion of personal privacy. National Institutes of Health (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of Program Nos. 93.375, Minority Biomedical Mental Health Special Emphasis Panel, National Institute of General Medical Research Support; 93.821, Cell Biology and ITMA/ITSP Conflicts. Sciences; Notice of Closed Meetings Biophysics Research; 93.859, Physiology, and Date: November 8, 2007. Biological Chemistry Research; A93.862, Time: 10 a.m. to 1 p.m. Genetics and Developmental Biology Agenda: To review and evaluate grant Pursuant to section 10(d) of the Federal Advisory Committee Act, as Research; 93.88, Minority Access to Research applications. Careers; 93.96, Special Minority Initiatives, Place: National Institutes of Health, amended (5 U.S.C. Appendix 2), notice National Institutes of Health, HHS) Neuroscience Center, 6001 Executive is hereby given of the following Boulevard, Rockville, MD 20852 (Telephone meetings. Dated: October 10, 2007. Conference Call). The meetings will be closed to the Jennifer Spaeth, Contact Person: Christopher S. Sarampote, Director, Office of Federal Advisory PhD, Scientific Review Administrator, public in accordance with the provisions set forth in sections Committee Policy. Division of Extramural Activities, National [FR Doc. 07–5096 Filed 10–15–07; 8:45 am] Institute of Mental Health, NIH, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neuroscience Center, 6001 Executive Blvd., as amended. The grant applications and BILLING CODE 4140–01–M Room 6148, MSC 9608, Bethesda, MD 20892, the discussions could disclose 301–443–1959, [email protected]. confidential trade secrets or commercial DEPARTMENT OF HEALTH AND Name of Committee: National Institute of property such as patentable material, HUMAN SERVICES Mental Health Special Emphasis Panel, and personal information concerning NNTC AIDS. individuals associated with the grant National Institutes of Health Date: November 8, 2007. applications, the disclosure of which Time: 1 p.m. to 3 p.m. constitute a clearly unwarranted Agenda: To review and evaluate grant National Institute of Diabetes and applications. invasion of personal privacy. Digestive and Kidney Diseases; Notice Place: National Institute of Health, Name of Committee: National Institute of of Closed Meetings Neuroscience Center, 6001 Executive General Medical Sciences Initial Review Boulevard, Rockville, MD 20852 (Telephone Group, Biomedical Research and Research Pursuant to section 10(d) of the Conference Call). Training Review Subcommittee A. Federal Advisory Committee Act, as Contact Person: Henry J. Haigler, PhD, Date: November 7, 2007. amended (5 U.S.C. Appendix 2), notice Scientific Review Administrator, Division of Time: 8 a.m. to 5 p.m. is hereby given of the following Extramural Activities, National Institute of Agenda: To review and evaluate and grant meetings. Mental Health, NIH, Neuroscience Center, applications. 6001 Executive Blvd., Rm. 6150, MSC 9608, Place: Residence Inn Marriott, 7335 The meetings will be closed to the Bethesda, MD 20892–9608, 301/443–7216, Wisconsin Ave., Bethesda, MD 20814,. public in accordance with the [email protected]. Contact Person: Carole H. Latker, PhD, provisions set forth in sections Name of Committee: National Institute of Scientific Review Administrator, Office of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Mental Health Special Emphasis Panel, AIDS Scientific Review, National Institute of as amended. The grant applications and Training Review. General Medical Sciences, National Institutes the discussions could disclose Date: November 13, 2007. of Health, Natcher Building, Room 3AN18, Bethesda, MD 20892, (301) 594–2848, confidential trade secrets or commercial Time: 1 p.m. to 4 p.m. property such as patentable material, Agenda: To review and evaluate grant [email protected]. applications. Name of Committee: National Institute of and personal information concerning Place: National Institute of Health, General Medical Sciences Special Emphasis individuals associated with the grant Neuroscience Center, 6001 Executive Panel, National Research Service Award. applications, the disclosure of which Boulevard, Rockville, MD 20852 (Telephone Date: November 8, 2007. would constitute a clearly unwarranted Conference Call). Time: 8 a.m. to 5 p.m. invasion of personal privacy.

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Name of Committee: National Institute of individuals associated with the grant Place: National Institutes of Health, 6701 Diabetes and Digestive and Kidney Diseases applications, the disclosure of which Rockledge Drive, Bethesda, MD 20892 Special Emphasis Panel, Training Grants in would constitute a clearly unwarranted (Telephone Conference Call). Digestive Diseases and Nutrition. invasion of personal privacy. Contact Person: Joseph G. Rudolph, PhD, Date: November 8, 2007. Scientific Review Administrator, Center for Time: 10 a.m. to 2 p.m. Name of Committee: Microbiology, Scientific Review, National Institutes of Agenda: To review and evaluate grant Infectious Diseases and AIDS Initial Review Health, 6701 Rockledge Drive, Room 5186, applications. Group, Acquired Immunodeficiency MSC 7844, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, Two Syndrome Research Review Committee, 2212, [email protected]. Democracy Plaza, 6707 Democracy AIDS Research Review Committee Name of Committee: Center for Scientific Boulevard, Bethesda, MD 20892 (Telephone (November 2007). Review Special Emphasis Panel; Conference Call). Date: November 28, 2007. Nanotechnology. Contact Person: Maria E. Davila-Bloom, Time: 8 a.m. to 5 p.m. Date: October 29, 2007. PhD, Scientific Review Administrator, Agenda: To review and evaluate grant Time: 8 a.m. to 4 p.m. Review Branch, DEA, NIDDK, National applications. Agenda: To review and evaluate grant Institutes of Health, Room 758, 6707 Place: Hyatt Regency Bethesda, One applications. Democracy Boulevard, Bethesda, MD 20892– Bethesda Metro Center, 7400 Wisconsin Place: Hilton Crystal City, VA, Washington 5452, (301) 594–7637, davila- Avenue, Bethesda, MD 20814. Reagan National Airport, 2399 Jefferson [email protected]. Contact Person: Erica L. Brown, PhD, Davis Highway, Arlington, VA 22202. Name of Committee: National Institute of Scientific Review Administrator, Scientific Contact Person: Joseph D. Mosca, PhD, Diabetes and Digestive and Kidney Diseases Review Program, Division of Extramural MBA, Scientific Review Administrator, Special Emphasis Panel, Obesity Nutrition Activities, National Institutes of Health/ Center for Scientific Review, National Research Centers (P30). NIAID, 6700B rockledge Drive, MSC 7616, Institutes of Health, 6701 Rockledge Drive, Date: December 3, 2007. Bethesda, MD 20892–7616, 301–451–2639, Rm 5158, MSC 7808, Bethesda, MD 20892, Time: 8 a.m. to 5 p.m. [email protected]. 301–435–2344, [email protected]. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific applications. Program Nos. 93.855, allergy, Immunology, Review Special Emphasis Panel; ZRG1 F09– Place: Bethesda Marriott Suites, 6711 and Transplantation Research; 93.856, Democracy Blvd., Bethesda, MD 20817. Microbiology and Infectious Diseases W (20) Oncology Fellowship. Contact Person: Paul A. Rushing, PhD, Research, National Institutes of Health, HHS) Date: October 29, 2007. Scientific Review Administrator, Review Time: 8 a.m. to 5 p.m. Branch, DEA, NIDDK, National Institutes of Dated: October 10, 2007. Agenda: To review and evaluate grant Health, Room 747, 6707 Democracy Jennifer Spaeth, applications. Boulevard, Bethesda, MD 20892–5452, (301) Director, Office of Federal Advisory Place: Embassy suites Hotel Chevy Chase, 594–8895, [email protected]. Committee Policy. 4300 Military Road, NW., Washington, DC 20015. (Catalogue of Federal Domestic Assistance [FR Doc. 07–5098 Filed 10–15–07; 8:45 am] Program Nos. 93.847, Diabetes, Contact Person: Lambratu Rahman, PhD, Endocrinology and Metabolic Research; BILLING CODE 4140–01–M Scientific Review Administrator, Center for 93.848, Digestive Diseases and Nutrition Scientific Review, National Institutes of Research; 93.849, Kidney Diseases, Urology Health, 6701 Rockledge Drive, Rm 6214, MSC and Hematology Research, National Institutes DEPARTMENT OF HEALTH AND 7804, Bethesda, MD 20892, 301–451–3493, of Health, HHS) HUMAN SERVICES [email protected]. Name of Committee: Center for Scientific Dated: October 10, 2007. National Institutes of Health Jennifer Spaeth, Review Special Emphasis Panel; Cancer Drug Development SBIR/STTR Panel. Director, Office of Federal Advisory Center for Scientific Review; Notice of Date: October 30–31, 2007. Committee Policy. Closed Meetings Time: 9 a.m. to 5 p.m. [FR Doc. 07–5097 Filed 10–15–07; 8:45 am] Agenda: To review and evaluate grant BILLING CODE 4140–01–M Pursuant to section 10(d) of the applications. Federal Advisory Committee Act, as Place: National Institutes of Health, 6701 amended (5 U.S.C. Appendix 2), notice Rockledge Drive, Bethesda, MD 20892 DEPARTMENT OF HEALTH AND is hereby given of the following (Virtual Meeting). HUMAN SERVICES meetings. Contact Person: Steven B. Scholnick, PhD, Scientific Review Administrator, Center for National Institutes of Health The meetings will be closed to the Scientific Review, National Institutes of public in accordance with the Health, 6701 Rockledge Drive, Room 6152, National Institute of Allergy and provisions set forth in sections MSC 7804, Bethesda, MD 20892, 301–435– Infectious Diseases; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 1719, [email protected]. Meeting as amended. The grant applications and Name of Committee: Center for Scientific the discussions could disclose Review Special Emphasis Panel; Member Pursuant to section 10(d) of the confidential trade secrets or commercial Conflicts in Language, Communication and Federal Advisory Committee Act, as property such as patentable material, Cognition. amended (5 U.S.C. appendix 2), notice and personal information concerning Date: October 30, 2007. is hereby given of the following individuals associated with the grant Time: 10:30 a.m. to 12 p.m. meeting. applications, the disclosure of which Agenda: To review and evaluate grant The meeting will be closed to the applications. would constitute a clearly unwarranted Place: National Institutes of Health, 6701 public in accordance with the invasion of personal privacy. provisions set forth in sections Rockledge Drive, Bethesda, MD 20892 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific (Telephone Conference Call). Review Special Emphasis Panel; Member Contact Person: Dana Jeffrey Plude, PhD, as amended. The grant applications and Conflict: Neuropathic Pain. Scientific Review Administrator, Center for the discussions could disclose Date: October 26, 2007. Scientific Review, National Institutes of confidential trade secrets or commercial Time: 1 p.m. to 3 p.m. Health, 6701 Rockledge Drive, Room 3176, property such as patentable material, Agenda: To review and evaluate grant MSC 7848, Bethesda, MD 20892, 301–435– and personal information concerning applications. 2309, [email protected].

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Name of Committee: Center for Scientific Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel; Review Special Emphasis Panel; Genes, Health, 6701 Rockledge Drive, Room 3206, International Brain Disorders Review Group. Genomes and Genetics Specials. MSC 7808, Bethesda, MD 20814–9292, 301– Date: October 31–November 1, 2007. Date: November 1–2, 2007. 435–1149, [email protected]. Time: 4 p.m. to 5 p.m. Time: 8 a.m. to 2 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Agenda: To review and evaluate grant Review Special Emphasis Panel; Risk applications. applications. Prevention and Health Behavior Across the Place: Hotel Del Coronado, 1500 Orange Place: Baltimore Marriott Waterfront, 700 Life Span. Avenue, San Diego, CA 92118. Aliceanna Street, Baltimore, MD 21202. Date: November 1–2, 2007. Contact Person: Dan D. Gerendasy, PhD, Contact Person: Michael A. Marino, PhD, Time: 8:30 a.m. to 5 p.m. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 2216, Health, 6701 Rockledge Drive, Room 5132, Place: Henley Park Hotel, 926 MSC 7890, Bethesda, MD 20892, (301) 435– Massachusetts Avenue, NW., Washington, MSC 7843, Bethesda, MD 20892, 301–594– 0601, [email protected]. DC 20001. 6830, [email protected]. Name of Committee: Center for Scientific Contact Person: Claire E. Gutkin, PhD, (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel; Topics in MPH, Scientific Review Administrator, Program Nos. 93.306, Comparative Medicine; Pathogenesis. Center for Scientific Review, National 93.333, Clinical Research, 93.306, 93.333, Date: November 1–2, 2007. Institutes of Health, 6701 Rockledge Drive, 93.337, 93.393–93.396, 93.837–93.844, Time: 8 a.m. to 5 p.m. Room 3138, MSC 7759, Bethesda, MD 20892, 93.846–93.878, 93.892, 93.893, National Agenda: To review and evaluate grant 301–594–3139, [email protected]. Institutes of Health, HHS) applications. Name of Committee: Center for Scientific Dated: October 5, 2007. Place: Hilton Alexandria Old Town Hotel, Review Special Emphasis Panel; Fellowship: Cell Biology. Jennifer Spaeth, 1767 King Street, Alexandria, VA 22314. Contact Person: Rolf Menzel, PhD, Date: November 1–2, 2007. Director, Office of Federal Advisory Scientific Review Administrator, Center for Time: 8:30 a.m. to 5 p.m. Committee Policy. Scientific Review, National Institutes of Agenda: To review and evaluate grant [FR Doc. 07–5085 Filed 10–15–07; 8:45 am] Health, 6701 Rockledge Drive, Room 3196, applications. BILLING CODE 4140–01–M MSC 7808, Bethesda, MD 20892, 301–435– Place: Hyatt Regency Bethesda, One 0952, [email protected]. Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. Name of Committee: Center for Scientific Contact Person: Jonathan Arias, PhD, DEPARTMENT OF HEALTH AND Review Special Emphasis Panel; Pathways Scientific Review Administrator, Center for HUMAN SERVICES Linking Environments, Behaviors and HIV/ Scientific Review, National Institutes of AIDS. Health, 6701 Rockledge Drive, Room 5170, National Institutes of Health Date: November 1–2, 2007. MSC 7840, Bethesda, MD 20892, 301–435– Time: 8 a.m. to 5 pm. 4206, [email protected]. Agenda: To review and evaluate grant Center for Scientific Review; Notice of Name of Committee: Center for Scientific applications. Closed Meetings Review Special Emphasis Panel; RIBT Place: Hamilton Crowne Plaza Hotel, 14th Member Conflicts. and K Streets, NW., Washington, DC 20005. Pursuant to section 10(d) of the Date: November 1, 2007. Contact Person: Fungai F. Chanetsa, PhD, Federal Advisory Committee Act, as Time: 1 p.m. to 4 p.m. Scientific Review Administrator, Center for Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice Scientific Review, National Institutes of is hereby given of the following applications. Health, 6701 Rockledge Drive, Room 3135, Place: National Institutes of Health, 6701 meetings. MSC 7770, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 The meetings will be closed to the 1262, [email protected]. (Telephone Conference Call). public in accordance with the Name of Committee: Center for Scientific Contact Person: George M. Barnas, PhD, provisions set forth in sections Review Special Emphasis Panel; Scientific Review Administrator, Center for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Fellowships: Physiology and Pathobiology of Scientific Review, National Institutes of Organ Systems. as amended. The grant applications and Health, 6701 Rockledge Drive, Room 2180, Date: November 1, 2007. MSC 7818, Bethesda, MD 20892, 301–435– the discussions could disclose Time: 8 a.m. to 5 p.m. 0696, [email protected]. confidential trade secrets or commercial Agenda: To review and evaluate grant Name of Committee: Center for Scientific property such as patentable material, applications. Review Special Emphasis Panel; PAR–06– and personal information concerning Place: Marriott Key Bridge, 1401 Lee 421: Pharmacogenetics of Fluoride (R21). individuals associated with the grant Highway, Arlington, VA 22209. Date: November 1, 2007. applications, the disclosure of which Contact Person: Abdelouahab Aitouche, Time: 3 p.m. to 4:30 p.m. would constitute a clearly unwarranted PhD, Scientific Review Administrator, Center Agenda: To review and evaluate grant invasion of personal privacy. for Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 2183, Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific MSC 7818, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; Community 2365, [email protected]. (Telephone Conference Call). Participation in Research PAR (R21). Name of Committee: Center for Scientific Contact Person: J. Terrell Hoffeld, DDS, Date: November 1–2, 2007. Review Special Emphasis Panel; Food Safety, PhD, Dental Officer, USPHS, Center for Time: 8 a.m. to 5 p.m. non-HIV Infectious Agents Sterilization and Scientific Review, National Institutes of Agenda: To review and evaluate grant Bioremediation. Health, 6701 Rockledge Drive, Room 4116, applications. Date: November 1–2, 2007. MSC 7816, Bethesda, MD 20892, 301–435– Place: Washington Plaza Hotel, 10 Thomas Time: 8:30 a.m. to 5 p.m. 1781, [email protected]. Circle, NW., Washington, DC 20005. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Steven H. Krosnick, MD, applications. Review Special Emphasis Panel; Visual Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Systems Small Business. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Date: November 2, 2007. Health, 6701 Rockledge Drive, Room 3158, (Virtual Meeting). Time: 8 a.m. to 6 p.m. MSC 7770, Bethesda, MD 20892, (301) 435– Contact Person: Fouad A. El-Zaatari, PhD, Agenda: To review and evaluate grant 1712, [email protected]. Scientific Review Administrator, Center for applications.

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Place: Georgetown Suites, 1000 29th Time: 8 a.m. to 6:30 p.m. Name of Committee: AIDS and Related Street/1111 30th Street NW., Washington, DC Agenda: To review and evaluate grant Research Integrated Review Group; AIDS 20007. applications. Clinical Studies and Epidemiology Study Contact Person: George Ann Mckie, PhD, Place: DoubleTree Hotel Bethesda, 8120 Section. DVM, Scientific Review Administrator, Wisconsin Avenue, Bethesda, MD 20814. Date: November 7, 2007. Center for Scientific Review, National Contact Person: Soheyla Saadi, PhD, Time: 8 a.m. to 6 p.m. Institutes of Health, 6701 Rockledge Drive, Scientific Review Officer, Center for Agenda: To review and evaluate grant Room 1124, MSC 7846, Bethesda, MD 20892, Scientific Review, National Institutes of applications. 301–435–1049, [email protected]. Health, 6701 Rockledge Drive, Room 3211, Place: Embassy Suites at the Chevy Chase Name of Committee: Center for Scientific MSC 7808, Bethesda, MD 20892, 301–435– Pavilion, 4300 Military Road, NE., Review Special Emphasis Panel; 0903, [email protected]. Tenleytown Ballroom, Washington, DC Fellowships: Sensory, Motor and Cognitive Name of Committee: Center for Scientific 20015. Neuroscience. Review Special Emphasis Panel; Physiology Contact Person: Hilary D. Sigmon, PhD, Date: November 2, 2007. and Pathobiology of Organ Systems. Scientific Review Administrator, Center for Time: 8 a.m. to 5 p.m. Date: November 6, 2007. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5216, Agenda: To review and evaluate grant Time: 8 a.m. to 5 p.m. MSC 7852, Bethesda, MD 20892, (301) 594– applications. Agenda: To review and evaluate grant 6377, [email protected]. Place: Bahia Resort Hotel, 998 W. Mission applications. Bay Drive, San Diego, CA 92109. Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific Contact Person: Judith A. Finkelstein, PhD, Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel; Scientific Review Administrator, National Avenue, Bethesda, MD 20814. Computational Biology and Software Institutes of Health, 6701 Rockledge Drive, Contact Person: Abdelouahab Aitouche, Development. Room 5178, MSC 7844, Bethesda, MD 20892, PhD, Scientific Review Administrator, Center Date: November 7–8, 2007. 301–435–1249, [email protected]. for Scientific Review, National Institutes of Time: 8 a.m. to 4:30 p.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 2183, Agenda: To review and evaluate grant applications. Review Special Emphasis Panel; MSC 7818, Bethesda, MD 20892, 301–435– 2365, [email protected]. Place: National Institutes of Health, 6701 Endocrinology, Nutritional Metabolism and Rockledge Drive, Bethesda, MD 20892, Reproductive Science. Name of Committee: Center for Scientific (Virtual Meeting). Date: November 2, 2007. Review Special Emphasis Panel; Small Contact Person: Marc Rigas, PhD, Scientific Time: 8:30 a.m. to 4 p.m. Business: Cell Biology SBIR/STTR Review Officer, Center for Scientific Review, Agenda: To review and evaluate grant Applications. National Institutes of Health, 6701 Rockledge applications. Date: November 6–7, 2007. Drive, Room 4194, MSC 7826, Bethesda, MD Place: DoubleTree Hotel, Bethesda, 8120 Time: 8 a.m. to 5 p.m. 20892, 301–402–1074, [email protected]. Wisconsin Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Contact Person: Krish Krishnan, PhD, applications. Name of Committee: Center for Scientific Scientific Review OFficer, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Small Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Business: Respiratory Sciences. Health, 6701 Rockledge Drive, Room 6164, (Virtual Meeting). Date: November 7, 2007. MSC 7892, Bethesda, MD 20892, (301) 435– Contact Person: David Balasundaram, PhD, Time: 11 a.m. to 2 p.m. 1041, [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5189, Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Infectious MSC 7840, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, Diseases and Microbiology Fellowships. 1022 [email protected]. (Virtual Meeting). Date: November 2, 2007. Contact Person: Bonnie L. Burgess-Beusse, Time: 8:30 a.m. to 6 p.m. Name of Committee: Center for Scientific Review Special Emphasis Panel; Diversity PhD, Scientific Review Administrator, Center Agenda: To review and evaluate grant Fellowships in Molecular Genetics. for Scientific Review, National Institutes of applications. Date: November 6-7, 2007. Health, 6701 Rockledge Drive, Room 2191C, Place: Crowne Plaza Philadelphia Hotel, Time: 9 a.m. to 5 p.m. MSC 7818, Bethesda, MD 20892, 301–435– 1800 Market Street, Philadelphia, PA 19103. Agenda: To review and evaluate grant 1783, [email protected]. Contact Person: John C. Pugh, PhD, applications. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel; LCMI Scientific Review, National Institut5es of Rockledge Drive, Bethesda, MD 20892 Member Conflicts. Health, 6701 Rockledge Drive, Room 3114, (Virtual Meeting). Date: November 7, 2007. MSC 7808, Bethesda, MD 20892, (301) 435– Contact Person: Barbara J. Thomas, PhD, Time: 1 p.m. to 5 p.m. 2398, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel; Erythrocyte Health, 6701 Rockledge Drive, Room 2218, Place: National Institutes of Health, 6701 Biology. MSC 7890, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 Date: November 2, 2007. 0603, [email protected]. (Telephone Conference Call) . Time: 2 p.m. to 4 p.m. Name of Committee: Center for Scientific Contact Person: Ghenima Dirami, PhD, Agenda: To review and evaluate grant Review Special Emphasis Panel; LIRR and Scientific Review Administrator, Center for applications. RIBT Member Conflicts. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Date: November 6, 2007. Health, 6701 Rockledge Drive, Room 2159, Rockledge Drive, Bethesda, MD 20892, Time: 1 p.m. to 4 p.m. MSC 7818, Bethesda, MD 20892, 301–594– (Telephone Conference Call). Agenda: To review and evaluate grant 1321, [email protected]. Contact Person: Robert T. Su, PhD, applications. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Fellowships: Diversity Programs.. Health, 6701 Rockledge Drive, Room 4134, (Telephone Conference Call). Date: November 7, 2007. MSC 7802, Bethesda, MD 20892, (301) 435– Contact Person: George M. Barnas, PhD, Time: 1:30 p.m. to 5 p.m. 1195, [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel; Infectious Health, 6701 Rockledge Drive, Room 2180, Place: National Institutes of Health, 6701 Agent Detection and Diagnostics. MSC 7818, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 Date: November 5, 2007. 0696, [email protected]. (Telephone Conference Call) .

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Contact Person: Abdelouahab Aitouche, Place: Hilton Silver Spring, 8727 Colesville Time: 10 a.m. to 5 p.m. Ph.D, Scientific Review Administrator, Road, Silver Spring, MD 20910. Agenda: To review and evaluate grant Center for Scientific Review, National Contact Person: Jo Pelham, BA, Scientific applications. Institutes of Health, 6701 Rockledge Drive, Review Administrator, Center for Scientific Place: National Institutes of Health, 6701 Room 2183, MSC 7818, Bethesda, MD 20892, Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301–435–2365, [email protected]. Rockledge Drive, Room 4102, MSC 7814, (Virtual Meeting). Name of Committee: Center for Scientific Bethesda, MD 20892, (301) 435–1786, Contact Person: Krish Krishnan, PhD, Review Special Emphasis Panel; [email protected]. Scientific Review Administrator, Center for Psychopathology, Developmental Disabilities Name of Committee: Center for Scientific Scientific Review, National Institutes of and Disorders of Aging. Review Special Emphasis Panel; Hematology Health, 6701 Rockledge Drive, Room 6164, Date: November 8–9, 2007. Small Business (SBIR). MSC 7892, Bethesda, MD 20892, (301) 435– Time: 7 a.m. to 4 p.m. Date: November 8, 2007. 1041, [email protected]. Agenda: To review and evaluate grant Time: 8 a.m. to 2 p.m. Name of Committee: Center for Scientific applications. Agenda: To review and evaluate grant Review Special Emphasis Panel; Radiation Place: National Institutes of Health, 6701 applications and/or proposals. Oncology and Therapy. Rockledge Drive, Bethesda, MD 20892 Place: One Washington Circle Hotel, One Date: November 8, 2007. (Virtual Meeting). Washington Circle, Washington, DC 20037. Time: 2 p.m. to 3:30 p.m. Contact Person: Gabriel B. Fosu, Ph.D, Contact Person: Delia Tang, MD, Scientific Agenda: To review and evaluate grant Scientific Review Administrator, Center for Review Administrator, Center for Scientific applications. Scientific Review, National Institutes of Review, National Institutes of Health, 6701 Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 3215, Rockledge Drive, Room 4126, MSC 7802, Rockledge Drive, Bethesda, MD 20892, MSC 7808, Bethesda, MD 20892, 301–435– Bethesda, MD 20892, 301–435–2506, (Telephone Conference Call). 3562, [email protected]. [email protected]. Contact Person: Angela Y. Ng, PhD, MBA, Name of Committee: Center for Scientific Name of Committee: Center for Scientific Scientific Review Administrator, Center for Review Special Emphasis Panel; Community Review Special Emphasis Panel; EPR Scientific Review, National Institutes of Participation in Research PAR (R01). Spectroscopy Program Project. Health, 6701 Rockledge Drive, Room 6200, Date: November 8–9, 2007. Date: November 8–9, 2007. MSC 7804, (For courier delivery, use MD Time: 8 a.m. to 5 p.m. Time: 8 a.m. to 3 p.m. 20817) Bethesda, MD 20892, (301) 435–1715, Agenda: To review and evaluate grant Agenda: To review and evaluate grant [email protected]. applications. applications. Place: Washington Plaza Hotel, 10 Thomas Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Circle, NW., Washington, DC 20005. Rockledge Drive, Bethesda, MD 20892, Contact Person: Steven H. Krosnick, MD, Atherosclerosis, Aging and Lipid (Virtual Meeting). Metabolism. Scientific Review Administrator, Center for Contact Person: Nuria E. Assa-Munt, PhD, Scientific Review, National Institutes of Date: November 8, 2007. Scientific Review Administrator, Center for Time: 2 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3158, Scientific Review, National Institutes of MSC 7770, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4164, 1712, [email protected]. applications. MSC 7806, Bethesda, MD 20892, (301) 451– Place: National Institutes of Health, 6701 Name of Committee: AIDS and Related 1323, [email protected]. Rockledge Drive, Bethesda, MD 20892, Research Integrated Review Group; Name of Committee: Center for Scientific Behavioral and Social Consequences of HIV/ (Telephone Conference Call). AIDS Study Section. Review Special Emphasis Panel; Health Contact Person: Olga A. Tjurmina, PhD, Date: November 8, 2007. Literacy. Scientific Review Administrator, Center for Time: 8 a.m. to 6 p.m. Date: November 8–9, 2007. Scientific Review, National Institutes of Agenda: To review and evaluate grant Time: 8:30 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4030B, applications. Agenda: To review and evaluate grant MSC 7814, Bethesda, MD 20892, (301) 435– Place: Westin City Center Washington, DC., applications. 1375, [email protected]. 1400 M Street, NW., Washington, DC 20005. Place: Hotel Washington, Pennsylvania Name of Committee: Center for Scientific Contact Person: Mark P. Rubert, Ph.D, Avenue at 15th Street, NW., Washington, DC Review Special Emphasis Panel; Review of Scientific Review Administrator, Center for 20004. Electron Microscopy Program Project. Scientific Review, National Institutes of Contact Person: Karen Lechter, PhD, Date: November 8–10, 2007. Health, 6701 Rockledge Drive, Room 5218, Scientific Review Administrator, Center for Time: 4 p.m. to 6 p.m. MSC 7852, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Agenda: To review and evaluate grant 1775, [email protected]. Health, 6701 Rockledge Drive, Room 3128, applications. MSC 7759, Bethesda, MD 20892, 301–496– Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 0726, [email protected]. Review Special Emphasis Panel; Biophysical Rockledge Drive, Bethesda, MD 20892, and Biochemical Science. Name of Committee: Center for Scientific (Virtual Meeting). Date: November 8, 2007. Review Special Emphasis Panel; Small Contact Person: Ping Fan, PhD, MD, Time: 8 a.m. to 6 p.m. Business: Non-HIV Anti-infective Scientific Review Administrator, Center for Agenda: To review and evaluate grant Therapeutics. Scientific Review, National Institutes of applications. Date: November 8, 2007. Health, 6701 Rockledge Drive, Room 5154, Place: Churchill Hotel, 1914 Connecticut Time: 8:30 a.m. to 7 p.m. MSC 7840, Bethesda, MD 20892, 301435– Avenue, NW., Washington, DC 20009. Agenda: To review and evaluate grant 1740, [email protected]. Contact Person: Denise Beusen, Ph.D, applications. Name of Committee: Center for Scientific Scientific Review Officer, Center for Place: Admiral Fell Inn, 888 South Review Special Emphasis Panel; HOP IRG Scientific Review, National Institutes of Broadway, Baltimore, MD 21231. Fellowship Meeting. Health, 6701 Rockledge Drive, Room 4142, Contact Person: Rossana Berti, PhD, Date: November 8–9, 2007. MSC 7806, Bethesda, MD 20892, 301–435– Scientific Review Administrator, Center for Time: 5 p.m. to 5 p.m. 1267, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3191, applications. Review Special Emphasis Panel; MSC 7846, Bethesda, MD 20892, (301) 402– Place: Holiday Inn Georgetown, 2101 Rehabilitation SBIR Review. 6411, [email protected]. Wisconsin Avenue, NW., Washington, DC Date: November 8–9, 2007. Name of Committee: Center for Scientific 20007. Time: 8 a.m. to 4 p.m. Review Special Emphasis Panel; Diabetes, Contact Person: Fungai F. Chanetsa, PhD, Agenda: To review and evaluate grant Obesity and Nutrition. Scientific Review Administrator, Center for applications. Date: November 8, 2007. Scientific Review, National Institutes of

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Health, 6701 Rockledge Drive, Room 3135, Place: National Institutes of Health, 6701 DATES: NBSAC will meet on Saturday, MSC 7770, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 October 20, 2007, from 8 a.m. to 12:30 1262, [email protected]. (Telephone Conference Call). p.m., and on Monday, October 22, 2007, Name of Committee: Center for Scientific Contact Person: Robert T. Su, PhD, from 8 a.m. to 3:30 p.m. The Boats and Review Special Emphasis Panel; Scientific Review Administrator, Center for Scientific Review, National Institutes of Associated Equipment Subcommittee Psychopathology, Developmental will meet on Saturday, October 20, Disabilities, Stress and Aging Fellowship Health, 6701 Rockledge Drive, Room 4134, Study Section. MSC 7802, Bethesda, MD 20892, (301) 435– 2007, from 1:30 p.m. to 4:30 p.m. The Date: November 9, 2007. 1195, [email protected]. Recreational Boating Safety Strategic Time: 8 a.m. to 6 p.m. Name of Committee: Center for Scientific Planning Subcommittee will meet on Agenda: To review and evaluate grant Review Special Emphasis Panel; Metabolism Sunday, October 21, 2007, from 8 a.m. applications. Reproduction. to 12 p.m. The Prevention through Place: Churchill Hotel, 1914 Connecticut Date: November 9, 2007. People Subcommittee will meet on Avenue, NW., Washington, DC 20009. Time: 12 p.m. to 2 p.m. Sunday, October 21, 2007, from 1 p.m. Contact Person: Estina E. Thompson, MPH, Agenda: To review and evaluate grant to 4:30 p.m. These meetings may close PhD, Scientific Review Administrator, Center applications. early if all business is finished. On for Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 3178, Rockledge Drive, Bethesda, MD 20892, Sunday, October 21, 2007, a MSC 7848, Bethesda, MD 20892, 301–496– (Telephone Conference Call). subcommittee meeting may start earlier 5749, [email protected]. Contact Person: Michael Knecht, PhD, if the preceding Subcommittee meeting Name of Committee: Center for Scientific Scientific Review Administrator, Center for closed early. Review Special Emphasis Panel; DBBD Scientific Review, National Institutes of ADDRESSES: NBSAC will meet at the Diversity Predoctoral Fellowship Review. Health, 6701 Rockledge Drive, Room 6176, Residence Inn Arlington—Pentagon Date: November 9, 2007. MSC 7892, Bethesda, MD 20892, (301) 435– City, 550 Army Navy Drive, Arlington, 1046, [email protected]. Time: 8 a.m. to 6 p.m. VA 22202. The subcommittee meetings Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance will be held at the same address. Send applications. Program Nos. 93.306, Comparative Medicine; Place: St. Gregory Hotel, 2033 M Street, 93.333, Clinical Research, 93.306, 93.333, written material and requests to make NW., Washington, DC 20036. 93.337, 93.393–93.396, 93.837–93.844, oral presentations to Mr. Jeff Ludwig, Contact Person: Paek-Gyu Lee, PhD, 93.846–93.878, 93.892, 93.893, National Executive Secretary of NBSAC, Scientific Review Administrator, Center for Institutes of Health, HHS) Commandant (CG–54221), U.S. Coast Scientific Review, National Institutes of Dated: October 10, 2007. Guard Headquarters, 2100 Second Street Health, 6701 Rockledge Drive, Room 4095D, SW., Washington, DC 20593–0001. This Jennifer Spaeth, MSC 7812, Bethesda, MD 20892, 301 402– notice is available on the Internet at 7391, [email protected]. Director, Office of Federal Advisory http://dms.dot.gov or the Office of Committee Policy. Name of Committee: Center for Scientific Boating Safety’s Web site at http:// Review Special Emphasis Panel; Biophysical [FR Doc. 07–5099 Filed 10–15–07; 8:45 am] www.uscgboating.org/nbsac/nbsac.htm. and Physiological Neuroscience. BILLING CODE 4140–01–M Date: November 9, 2007. FOR FURTHER INFORMATION CONTACT: Jeff Time: 8:30 a.m. to 6 p.m. Ludwig, Executive Secretary of NBSAC, Agenda: To review and evaluate grant telephone 202–372–1061, fax 202–372– applications. DEPARTMENT OF HOMELAND 1932. Place: Jurys Washington Hotel, 1500 New SECURITY SUPPLEMENTARY INFORMATION: Notice of Hampshire Avenue, NW., Washington, DC 20036. Coast Guard these meetings is given under the Contact Person: Michael A. Lang, PhD, Federal Advisory Committee Act, 5 Scientific Review Administrator, Center for [USCG–2007–29095] U.S.C. App. Scientific Review, National Institutes of Tentative Agendas of Meetings Health, 6701 Rockledge Drive, Room 4140, National Boating Safety Advisory MSC 7850, Bethesda, MD 20892, 301 435– Council National Boating Safety Advisory 1265, [email protected]. Council (NBSAC) Name of Committee: Center for Scientific AGENCY: Coast Guard, DHS. Review Special Emphasis Panel; Cancer ACTION: Notice of meetings; schedule (1) Remarks—Mr. James P. Muldoon, Biomarkers and Cancer Genetics. changes. NBSAC Chairman; Date: November 9, 2007. (2) Chief, Office of Boating Safety Time: 3 p.m. to 5 p.m. SUMMARY: On September 11, 2007, the Update on NBSAC Resolutions and Agenda: To review and evaluate grant United States Coast Guard published a Recreational Boating Safety Program applications. report. Place: National Institutes of Health, 6701 notice in the Federal Register (72 FR Rockledge Drive, Bethesda, MD 20892 51828) announcing a meeting of the (3) Executive Secretary’s report. (Telephone Conference Call). National Boating Safety Advisory (4) Chairman’s session. Contact Person: Angela Y. Ng, PhD, MBA, Council (NBSAC) and its subcommittees (5) TSAC Liaison’s report. Scientific Review Administration, Center for on boats and associated equipment, (6) NAVSAC Liaison’s report. Scientific Review, National Institutes of prevention through people, and (7) Coast Guard Auxiliary report. Health, 6701 Rockledge Drive, Room 6200, recreational boating safety strategic (8) National Association of State MSC 7804, (For courier delivery, use MD planning will meet to discuss issues Boating Law Administrators report. 20817), Bethesda, MD 20892, 301–435–1715, relating to recreational boating safety. A (9) Report on upcoming national [email protected]. scheduling conflict has required moving boating survey. Name of Committee: Center for Scientific the Boats and Associated Equipment (10) Prevention Through People Review Special Emphasis Panel; Platelet Biology. subcommittee meeting to the afternoon Subcommittee report. Date: November 9, 2007. of Saturday, October 20, 2007 and the (11) Boats and Associated Equipment Time: 3 p.m. to 5 p.m. Prevention through People Subcommittee report. Agenda: To review and evaluate grant subcommittee meeting to the afternoon (12) Recreational Boating Safety applications. of Sunday, October 21, 2007. Strategic Planning Subcommittee report.

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Information on Services for Individuals Estimated Total Annual Burden obtain copies of the information With Disabilities Hours: 800 Hours. collection request submission from For information on facilities or Frequency of Response: Annually. Keith Neves, Office of Planning, Bureau Comments: Interested persons are services for individuals with disabilities of Indian Education, 1849 C Street, NW., invited to submit written comments on or to request special assistance at the MS–3609/MIB, Washington, DC 20240. the proposed information collection to meetings, contact the Executive SUPPLEMENTARY INFORMATION: The BIE the Office of Information and Regulatory Secretary of NBSAC as soon as possible. Higher Education Grant Program Affairs, Office of Management and Dated: October 4, 2007. Annual Report Form (OMB No. 1076– Budget, Attention: Nathan Lesser, Desk 0106) provides a profile of program Howard L. Hime, Officer, Department of Homeland financial data from which we derive a Acting Director of Commercial Regulations Security/FEMA, and sent via electronic national analysis of supplemental and Standards, United States Coast Guard. mail to [email protected] funding, unmet financial needs of or faxed to (202) 395–6974. Comments [FR Doc. E7–20321 Filed 10–15–07; 8:45 am] eligible students and college graduation must be submitted on or before BILLING CODE 4910–15–P rates. Authority for the collection of November 15, 2007. information is contained in Pub. L. 93– FOR FURTHER INFORMATION CONTACT: 638, The Indian Self-Determination and DEPARTMENT OF HOMELAND Requests for additional information or Education Assistance Act of 1975, as SECURITY copies of the information collection amended. The BIE Higher Education should be made to Director, Records Grant Application (OMB No. 1076– Federal Emergency Management Management Division, FEMA, 500 C Agency 0101) provides for an annual collection Street, SW., Room 609, Washington, DC of information required to make a 20472, facsimile number (202) 646– Agency Information Collection determination in the eligibility of 3347, or e-mail address FEMA- Activities: Submission for OMB funding for an applicant. The [email protected]. Review; Comment Request information collection is mandatory to Dated: October 9, 2007. be considered for a benefit. AGENCY: Federal Emergency John A. Sharetts-Sullivan, Request for Comments: The Bureau of Management Agency, DHS. Director, Records Management Division, Indian Education requests you to send ACTION: Notice; 30-day notice and Office of Management Directorate, Federal your comments on this collection to the request for comments; Revision of a Emergency Management Agency, Department location listed in the ADDRESSES section. currently approved collection, OMB of Homeland Security. Your comments should address: (a) The Number 1660–0021, FEMA Form 95–22. [FR Doc. E7–20343 Filed 10–15–07; 8:45 am] necessity of this information collection BILLING CODE 9110–17–P for the proper performance of the SUMMARY: The Federal Emergency Management Agency (FEMA) has functions of the agency, including whether the information will have submitted the following information DEPARTMENT OF THE INTERIOR collection to the Office of Management practical utility; (b) the accuracy of the agency’s estimate of the burden (hours and Budget (OMB) for review and Bureau of Indian Affairs clearance in accordance with the and cost) of the collection of requirements of the Paperwork Proposed Information Collections information, including the validity of Reduction Act of 1995. The submission Under the Paperwork Reduction Act; the methodology and assumptions used; describes the nature of the information Comment Request (c) ways we could enhance the quality, collection, the categories of utility and clarity of the information to AGENCY: Bureau of Indian Education, respondents, the estimated burden (i.e., be collected; and (d) ways we could Interior. the time, effort and resources used by minimize the burden of the collection of respondents to respond) and cost, and ACTION: Notice of Proposed Renewal the information on the respondents, includes the actual data collection Information Collection. such as through the use of automated collection techniques or other forms of instruments FEMA will use. SUMMARY: The Bureau of Indian Title: National Fire Academy information technology. Please note that Education (BIE) is submitting the an agency may not sponsor or request, Executive Fire Officer Program information collection, titled the BIE Application Form. and an individual need not respond to, Higher Education Grant Program a collection of information unless it has OMB Number: 1660–0021. Annual Report Form, OMB Control Abstract: The Executive Fire Officer a valid OMB Control Number. Number 1076–0106, and the BIE Higher Program (EFOP) annually receives more It is our policy to make all comments Education Grant Application Form, available to the public for review at the applications from qualified applicants OMB Control Number 1076–0101 for than there are program slots available. Bureau of Indian Education location approval. The Higher Education Annual listed in the ADDRESSES section, room Additional information is required to Grant Report Form and the Higher objectively evaluate the applicant’s 3609, during the hours of 8 a.m.–4 p.m., Education Grant Application need to be Monday through Friday except for legal writing capability, professional renewed. accomplishments, and analytical ability. holidays. If you wish to have your name DATES: This information along with supporting Submit comments on or before and/or address withheld, you must state documentation are used to select the December 17, 2007. this prominently at the beginning of most qualified participants for the ADDRESSES: Please send comments to your comments. We will honor your EFOP. Mr. Kevin Skenandore, Director, Bureau request according to the requirements of Affected Public: Individuals and of Indian Education, Office of the the law. All comments from households, and State, Local or Tribal Director, 1849 C Street, NW/MS–3609 organizations or representatives will be Governments. MIB, Washington, DC 20240, facsimile available for review. We may withhold Number of Respondents: 400. number (202) 208–3312. comments from review for other Estimated Time per Respondent: 1 FOR FURTHER INFORMATION CONTACT: You reasons. Hour. may request further information or OMB Approval Number: 1076–0106.

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Title: BIE Higher Education Grant (FFO) will be preparing an siting of two 500/345kV substations. Program Annual Report Form. Environmental Impact Statement (EIS) Corridors, large enough to allow for a 1- Brief Description of Collection: to amend the Pony Express Resource mile separation between the proposed Respondents who receive a grant are Management Plan to consider a right-of- double-circuit 500/345kV line and the required to submit an annual report. way application for the Mona to Oquirrh future double-circuit 500/345kV line Submission of an annual report is Double-Circuit 500/345 Kilovolt (kV) would be considered. mandatory for receiving a benefit. Transmission Line, located on public The estimated lengths of the proposed Type of Review: Renewal. lands in Juab, Tooele, Utah and Salt transmission line route and future line Respondents: Tribal higher education Lake Counties, Utah. This notice would be determined through the program directors. initiates the public scoping period and environmental studies but could range Number of Respondents: 125. announces public scoping meetings. from 60 to120 miles. A right-of-way of Estimated Time per Response: 3 DATES: The public will be notified of up to 250 feet in width and a right-of- hours. scoping meetings through the local way grant for 50 years would be Frequency of Response: Annual. news media at least 15 days prior to the required to construct, operate, and Total Annual Burden to Respondents: first meeting. It is anticipated at least maintain the transmission line and 375 hours. five scoping meetings (Copperton, structures. Specific acreages of access OMB Approval Number: 1076–0101. Tooele, Cedar Fort, Eureka and Nephi, roads and temporary work areas would Title: BIE Higher Education Grant Utah) will be held during this scoping be determined through the Program Application. period. The BLM will announce public environmental studies. The proposed Brief Description of Collection: scoping meetings to identify relevant project would take approximately Respondents receiving a benefit must issues through local newspapers, eighteen months to construct, with an annually complete the form to newsletters, and the PacifiCorp Web in-service date of June 2012. Once demonstrate unmet financial need for site: http://www.pacificorp.com. The constructed, the project would be in operation year round transporting consideration of a grant. project status, including meeting dates/ electrical power to the Wasatch Front. Type of Review: Renewal. times, will also be available on the The preliminary plan of development Respondents: Students through the BLM’s Electronic Notification Bulletin tribally controlled institutions of higher will be presented to the public during Board (https://www.ut.blm.gov/enbb/ scoping meetings and newsletters education. Submission of an annual index.php). application is required for consideration mailed to interested parties. It will be in receiving a benefit. ADDRESSES: Written comments on the available for public review at BLM’s Salt Number of Respondents: 14,000. scope of the EIS should be post-marked Lake and Fillmore Field Offices and the Estimated Time per Response: 1 hour. or hand delivered to the BLM Salt Lake EPG Web site. The BLM invites public Frequency of Response: Annual. Field Office or Fillmore Field Office by comment on the scope of the analysis, Total Annual Burden to Respondents: 4:30 p.m., no later than 30 days after the including issues to consider and 14,000 hours. date of publication of this notice in the alternatives to the proposed action. The Federal Register to ensure full purpose of the public scoping process is Dated: October 3, 2007. consideration. Written scoping to determine relevant issues that will Carl J. Artman, comments should be sent to BLM, Salt influence the scope of the Assistant Secretary—Indian Affairs. Lake Field Office, 2370 South 2300 environmental analysis and EIS [FR Doc. E7–20283 Filed 10–15–07; 8:45 am] West, Salt Lake City, Utah 84119, alternatives—in addition to the BILLING CODE 4310–6W–P ATTN: Mike Nelson; or Fillmore Field proposed action, the BLM will explore Office, 35 East 500 North, Fillmore, and evaluate all reasonable alternatives, Utah 84631, ATTN: Clara Stevens. including the no action alternative, DEPARTMENT OF THE INTERIOR Comments may also be submitted in pursuant to Council on Environmental writing to the BLM at one of the scoping Quality (CEQ) regulations 1502.14(a) Bureau of Land Management meetings or via e-mail at: and 1502.14(d). The issues and [UT–020–5101–ER–J217] [email protected]. alternatives will also guide the plan amendment process. FOR FURTHER INFORMATION CONTACT: For Notice of Intent To Prepare an An interdisciplinary approach will be additional information contact Mike Environmental Impact Statement To used to develop the EIS, in order to Nelson (Project Lead) Realty Specialist Analyze PacifiCorp’s Mona to Oquirrh consider a variety of resource issues and at the BLM Salt Lake Field Office, at Double-Circuit 500/345 Kilovolt (kV) concerns identified. The amendment to (801) 977–4300; or Clara Stevens, Realty Transmission Line, UT–82829, and the governing land use plan would be Specialist at the BLM Fillmore Field Amend the Pony Express Resource based upon the following planning Office, at (435) 743–3100. Management Plan for the Salt Lake criteria: Field Office, Utah SUPPLEMENTARY INFORMATION: PacifiCorp • The amendment will be completed proposes to establish a new double- in compliance with FLPMA, NEPA and AGENCY: Bureau of Land Management, circuit 500/345 kilovolt (kV) all other relevant Federal Law, Interior. transmission line from the Mona Executive Orders and management ACTION: Notice of Intent. Substation near Mona in Juab County, policies of the BLM; Utah to new expanded facilities at the • Where existing planning decisions SUMMARY: Pursuant to section 102(2) of existing Oquirrh Substation located in are still valid, those decisions may the National Environmental Policy Act West Jordan and the Terminal remain unchanged and be incorporated of 1969, 40 Code of Federal Regulations Substation located in Salt Lake City, in into the new amendment; and (CFR) subparts 1500–1508, and 43 CFR Salt Lake County, Utah. • The amendment will recognize subpart 2800 (Right-of-Way), notice is As part of long-range planning, this valid existing rights. hereby given that the Bureau of Land project will also include the Potential significant direct, indirect, Management (BLM), Salt Lake Field identification of a right-of-way for a residual, and cumulative impacts from Office (SLFO) and Fillmore Field Office double-circuit 500/345kV line and the the proposed action and alternatives

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will be analyzed. Important issues to be DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR addressed in the EIS could include land uses, wildlife, transportation, visual Bureau of Land Management Bureau of Land Management resources and socioeconomics. (NV–056–5853–ES; N–80113–01; 7–08807) Additional issues may be identified [(NM–921–1301–FI–08); (OKNM 113435)] during the scoping process. BLM Notice of Realty Action: Lease/ personnel will be present at the scoping Notice of Proposed Reinstatement of Conveyance for Recreation and Public meetings to explain the environmental Terminated Oil and Gas Lease OKNM Purposes in Clark County, NV 113435 review process, the right-of-way AGENCY: Bureau of Land Management, regulations, and other requirements for AGENCY: Bureau of Land Management, Interior. processing the proposed transmission Interior. ACTION: Notice of Realty Action. line and the associated EIS. ACTION: Notice of reinstatement of Representatives from PacifiCorp will SUMMARY: Recreation and Public terminated oil and gas lease. also be available to describe their Purposes (R&PP) Act request for lease and subsequent conveyance of proposal. SUMMARY: Under the Class II provisions approximately 41.48 acres of public Comments and information submitted of Title IV, Public Law 97–451, and 43 CFR 3108.2–3, the Bureau of Land land in Clark County, Nevada. The City on the EIS, including names, e-mail of North Las Vegas proposes to use the addresses, and street addresses of Management (BLM) received a petition for reinstatement of Competitive oil and land for a public park and a police respondents, will be available for public substation. review and disclosure at the above gas lease OKNM 113435 from the lessee, address. The BLM will not accept Greenwood Energy, Inc., for lands in DATES: Interested parties may submit anonymous comments. Before including Woods County, Oklahoma. The petition written comments regarding the proposed lease/conveyance of the lands your address, phone number, e-mail was filed on time and it was until November 30, 2007. address, or other personal identifying accompanied by all the rentals due ADDRESSES: information in your comment, you since the date the lease terminated Mail written comments to under the law. BLM Field Manager, Las Vegas Field should be aware that your entire Office, 4701 N. Torrey Pines Drive, Las comment—including your personal FOR FURTHER INFORMATION CONTACT: Vegas, NV 89130–2301. identifying information—may be made Bernadine T. Martinez, BLM, New FOR FURTHER INFORMATION CONTACT: publicly available at any time. While Mexico State Office, at (505) 438–7530. Frederick Marcell, (702) 515–5164. you can ask us in your comment to SUPPLEMENTARY INFORMATION: No valid SUPPLEMENTARY INFORMATION: withhold your personal identifying lease has been issued that affect the The following described public lands in information from public review, we lands. The lessee agrees to new lease North Las Vegas, Clark County, Nevada cannot guarantee that we will be able to terms for rentals and royalties of $10.00 per acre or fraction thereof, per year, have been examined and found suitable do so. Formal scoping comments must for lease and subsequent conveyance and 162⁄3 percent, respectively. The be submitted within 30 days after the under the provision of the R&PP Act, as last public meeting. Comments received lessee paid the required $500.00 administrative fee for the reinstatement amended (43 U.S.C. 869 et seq.). The and a list of attendees for each scoping City of North Las Vegas proposes to use meeting will be made available for of the lease and $166.00 cost for publishing this Notice in the Federal 41.48 acres of land for a public park and public inspection and open for 30 days a police substation. The park amenities following each meeting for any Register. The lessee met all the requirements for reinstatement of the will include indoor/outdoor swimming participant(s) who wish to clarify their lease as set out in Sections 31(d) and (e) pools, multi-generational center, views. Comments and documents of the Mineral Leasing Act of 1920 (30 gymnasiums, dance/aerobics rooms, dog pertinent to this proposal, including U.S.C. 188). We are proposing the park, parking areas, baseball fields, names and street addresses of reinstate lease OKNM 113435, effective basketball court, playground areas, respondents, may be examined at the the date of termination, March 1, 2007, walking trails, and barbeque areas. The Salt Lake or Fillmore Field Offices under the original terms and conditions park and police substation facility will during regular business hours (7:30 of the lease and the increased rental and serve citizens in the northeast sector of a.m.–4:30 p.m. Monday through Friday, royalty rates cited above. North Las Vegas where rapid growth has occurred. The parcel of land is located except holidays). Comments may be Before including your address, phone north of Centennial Parkway and south published as part of the EIS. number, e-mail address, or other of Rome Boulevard, and is legally Federal, State, and local agencies, as personal identifying information in your described as: well as individuals or organizations that comment, you should be aware that may be interested in or affected by the your comment—including your Mount Diablo Meridian, Nevada, personal identifying information—may BLM’s decision on this project are T. 19 S., R. 61 E., invited to participate in the scoping be made publicly available at any time. Section 24, lot 12. While you can ask us in your comment process and, if eligible, may request or The area described contains 41.48 acres, be requested by the BLM to participate to withhold your personal identifying more or less. as a cooperating agency. information from public review, we cannot guarantee that we will be able to The land is not required for any Dated: October 9, 2007. do so. federal purpose. The proposed action is Selma Sierra, in conformance with the Las Vegas Dated: October 15, 2007. Utah State Director. Resource Management Plan approved Bernadine T. Martinez, on October 5, 1998, and would be in the [FR Doc. E7–20426 Filed 10–15–07; 8:45 am] Land Law Examiner. public interest. The Plan of BILLING CODE 5101–$$–P [FR Doc. 07–5075 Filed 11–15–07; 8:45 am] Development has been reviewed and it BILLING CODE 4310–FB–M has been determined the proposed

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action is in conformance with the land Interested parties may submit SUMMARY: The Bureau of Land use plan decision, LD–1, established in comments regarding the specific use Management (BLM) has examined and accordance with section 202 of the proposed in the application and Plan of found suitable for classification for lease Federal Land Policy and Management Development, whether the BLM and subsequent conveyance under the Act, as amended (43 U.S.C. 1712). The followed proper administrative provisions of the Recreation and Public lease/conveyance, when issued, will be procedures in reaching the decision to Purposes (R&PP) Act, as amended, subject to the provisions of the R&PP lease/convey under the R&PP Act, or approximately 28.75 acres of public Act and applicable regulations of the any other factor not directly related to land in Clark County, Nevada. The City Secretary of the Interior, and will the suitability of the land for a public of Las Vegas (City) proposes to use the contain the following reservations to the park site and police substation. Any land as a public park. United States: adverse comments will be reviewed by DATES: Interested parties may submit 1. A right-of-way thereon for ditches the BLM Nevada State Director who comments regarding the proposed lease/ or canals constructed by the authority of may sustain, vacate, or modify this conveyance or classification of the lands the United States pursuant to the Act of realty action. In the absence of any until November 30, 2007. August 30, 1890 (43 U.S.C. 945). adverse comments, this realty action ADDRESSES: Send written comments to 2. All minerals shall be reserved to will become the final determination of the BLM Field Manager, Las Vegas Field the United States, together with the the Department of the Interior. Office, 4701 N. Torrey Pines Drive, Las right to prospect for, mine, and remove Before including your address, phone Vegas, NV 89130–2301. the minerals under applicable laws and number, e-mail address, or other such regulations as the Secretary of the personal identifying information in your FOR FURTHER INFORMATION CONTACT: Kim Interior may prescribe, including all comment, you should be aware that Liebhauser, Supervisory Realty necessary access and exit rights. your entire comment—including your Specialist, Las Vegas Field Office, (702) The lease/conveyance for N–80113– personal identifying information—may 515–5088. 01 will be subject to: be made publicly available at any time. SUPPLEMENTARY INFORMATION: The 1. Valid existing rights; While you can ask us in your comment following described public lands in Las 2. A right-of-way for underground to withhold your personal identifying Vegas, Clark County, Nevada have been distribution line purposes granted to information from public review, we examined and found suitable for Nevada Power Company, its successors cannot guarantee that we will be able to classification for lease and subsequent or assigns, by right-of-way N–80612, do so. Only written comments conveyance under the provisions of the pursuant to the Act of October 21, 1976, submitted by postal service or overnight R&PP Act, as amended (43 U.S.C. 869 et 090 Stat. 2776, 43 U.S.C. 1761; mail to the Field Manager BLM Las 3. A right-of-way for underground seq.). Vegas Field Office will be considered distribution line purposes granted to The City of Las Vegas proposes to use properly filed. Electronic mail, Nevada Power Company, its successors the 28.75 acres of land for a public park. facsimile, or telephone comments will or assigns, by right-of-way N–81066, The park amenities will include lacrosse not be considered properly filed. pursuant to the Act of October 21, 1976, fields, a tot play area, shade pavilions, Documents related to this action are on 090 Stat. 2776, 43 U.S.C. 1761; restrooms, landscaping and parking. 4. A right-of-way for temporary use file at the BLM Las Vegas Field Office The park will serve citizens in the purposes granted to Nevada Power at the address above and may be northwest sector of the City, where Company, its successors or assigns, by reviewed by the public at their request. rapid growth has occurred. The parcel right-of-way N–81066–01, pursuant to In the absence of any adverse of public land is generally located west the Act of October 21, 1976, 090 Stat. comments, the decision will become of Durango Drive, between Centennial 2778, 43 U.S.C. 1764; and expires effective on December 17, 2007. The Parkway and Tropical Parkway, and is December 30, 2007; lands will not be available for lease/ legally described as: 5. A right-of-way for telephone line conveyance until after the decision purposes granted to Central Telephone becomes effective. Mount Diablo Meridian, Nevada Company, its successors or assigns, by (Authority: 43 CFR 2741.5) T. 19 S., R. 60 E., right-of-way N–81442, pursuant to the Section 29, E1⁄2SW1⁄4NW1⁄4NE1⁄4, Dated: October 3, 2007. 1 1 1 Act of October 21, 1976, 090 Stat. 2776, N ⁄2SW ⁄4NE ⁄4, Mark R. Chatterton, S1⁄2NE1⁄4NW1⁄4SE1⁄4NE1⁄4, 43 U.S.C. 1761; Assistant Field Manager, Division of Non- NW1⁄4NW1⁄4SE1⁄4NE1⁄4. 6. A right-of-way for natural gas Renewable Resources. pipeline purposes granted to Southwest The area described contains 28.75 acres, [FR Doc. 07–5076 Filed 10–15–07; 8:45 am] more or less. Gas Corporation, its successors or assigns, by right-of-way N–82820, BILLING CODE 4310–HC–P The land is not required for any pursuant to the Act of February 25, federal purpose. The proposed action is in conformance with the Las Vegas 1920, 041 Stat. 0437, 30 U.S.C. 185 Sec. DEPARTMENT OF THE INTERIOR 28. Resource Management Plan approved Upon publication of this notice in the Bureau of Land Management on October 5, 1998, and would be in the Federal Register, the public lands public interest. The Plan of described above will be segregated from [NV–050–5853–ES; N–75562; 8–08807] Development has been reviewed and it all other forms of appropriation under is determined the proposed action the public land laws, including the Notice of Realty Action: Recreation conforms with land use plan decision, general mining laws, leasing under the and Public Purposes Act Classification LD–1, established in accordance with mineral leasing laws, and disposals of Public Lands in Clark County, section 202 of FLPMA, as amended (43 under the mineral material disposal Nevada U.S.C. 1712). The lease/conveyance, laws. Detailed information concerning AGENCY: Bureau of Land Management, when issued, will be subject to the this action is available for review at the Interior. provisions of the R&PP Act and Bureau of Land Management, Las Vegas applicable regulations of the Secretary ACTION: Notice of Realty Action. Field Office at the address listed above. of the Interior, and will contain the

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following reservations to the United whether the use will maximize the DEPARTMENT OF THE INTERIOR States: future use of uses of the land, whether 1. A right-of-way thereon for ditches the use is consistent with local planning Bureau of Land Management or canals constructed by the authority of and zoning, or if the use is consistent [NV–050–5853–ES; N–82353; 8–08807] the United States, Act of August 30, with State and Federal programs. The 1890 (43 U.S.C. 945). classification of the land described in Notice of Realty Action: Lease/ 2. All minerals shall be reserved to this Notice will become effective Conveyance for Recreation and Public the United States, together with the December 17, 2007. Purposes of Public Lands in Clark right to prospect for, mine, and remove County, NV such deposits from the lands under The lands will not be offered for applicable law and such regulations as lease/conveyance until after the AGENCY: Bureau of Land Management, the Secretary of the Interior may classification becomes effective. Interior. prescribe, including all necessary access Interested parties may submit ACTION: Notice of Realty Action. and exit rights. comments regarding the specific use The lease/conveyance for N–75562 SUMMARY: Recreation and Public proposed in the application and Plan of Purposes (R&PP) Act request for lease will also be subject to: Development, whether the BLM 1. Valid existing rights; and subsequent conveyance of followed proper administrative 2. Right-of-Way N–52442 for approximately 2.5 acres of public land underground 15KV distribution line and procedures in reaching the decision to in Clark County, Nevada. The City of telephone line purposes granted to lease/convey under the R&PP Act, or Las Vegas (City) proposes to use the Nevada Power Company, its successors any other factor not directly related to land as a fire station. or assigns, and Central Telephone the suitability of the land for a public DATES: Interested parties may submit Company, its successors or assigns, park. comments regarding the proposed lease/ pursuant to the Act of October 21, 1976 Only written comments submitted by conveyance of the lands until November (43 U.S.C. 1761); postal service or overnight mail to the 30, 2007. 3. Right-of-Way N–52442–01 for Field Manager, BLM Las Vegas Field ADDRESSES: Mail written comments to Temporary Use Permit purposes granted Office will be considered properly filed. the BLM Field Manager, Las Vegas Field to Nevada Power Company, its Electronic mail, facsimile or telephone Office, 4701 N. Torrey Pines Drive, Las successors or assigns, and Central comments will not be considered Vegas, NV 89130–2301. Telephone Company, its successors or properly filed. Documents related to this FOR FURTHER INFORMATION CONTACT: Kim assigns, pursuant to the Act of October action are on file at the BLM Las Vegas Liebhauser, Supervisory Realty 21, 1976 (43 U.S.C. 1764); Field Office at the address above and Specialist, Las Vegas Field Office, (702) 4. Right-of-Way N–59832 for roadway 515–5088. purposes granted to Clark County, its may be reviewed by the public at their SUPPLEMENTARY INFORMATION: successors or assigns, pursuant to the request. The Act of October 21, 1976 (43 U.S.C. Before including your address, phone following described public lands in Las 1761); number, e-mail address, or other Vegas, Clark County, Nevada have been 5. Right-of-Way N–78337 for personal identifying information in your examined and found suitable for lease and subsequent conveyance under the underground electrical distribution line comment, you should be aware that provisions of the R&PP Act, as amended purposes granted to Nevada Power your entire comment—including your (43 U.S.C. 869 et seq.). The City of Las Company, its successors or assigns, personal identifying information—may pursuant to the Act of October 21, 1976 Vegas proposes to use 2.5 acres of land be made publicly available at any time. for a fire station. The fire station (43 U.S.C. 1761); While you can ask us in your comment 6. Right-of-Way N–82735 for 15KV amenities will include fire personnel to withhold your personal identifying living quarters, kitchen facilities, office underground distribution line purposes information from public review, we granted to Nevada Power Company, its and conference rooms, street grading cannot guarantee that we will be able to successors or assigns, pursuant to the and paving as well as signage and traffic do so. Act of October 21, 1976 (43 U.S.C. signal construction, a dumpsite 1761); and Comments will be reviewed by the enclosure, landscaping and a parking 7. Right-of-Way N–82735–01 for BLM Nevada State Director who may lot. This fire station will serve citizens Temporary Use Permit purposes granted sustain, vacate, or modify this realty in the northwest sector of the City, to Nevada Power Company, its action in whole or in part. where rapid growth has occurred. The parcel of public land is generally successors or assigns, pursuant to the The decision will become effective on Act of October 21, 1976 (43 U.S.C. located east of Fort Apache Road and December 17, 2007. The lands will not north of Log Cabin Way, and can be 1764). be available for lease/conveyance until On October 16, 2007, the land described as: after the decision becomes effective. described above will be segregated from all other forms of appropriation under (Authority: 43 CFR 2741.5) Mount Diablo Meridian, Nevada, T. 19 S., R. 60 E., the public land laws, including the Dated: October 4, 2007. general mining laws, except for lease/ Section 5, a portion of Government Lot 18, Philip Rhinehart, 1 conveyance under the R&PP Act, leasing more particularly described as the NW ⁄4 under the mineral leasing laws, and Supervisory Realty Specialist, Acting of Government Lot 18. The area described contains 2.55 acres, disposals under the mineral material Assistant Field Manager, Las Vegas Field Office. more or less. disposal laws. Classification comments may be submitted involving the [FR Doc. 07–5077 Filed 10–15–07; 8:45 am] Note: This description will be replaced by suitability of the land for a public park. BILLING CODE 4310–HC–M a lot designation upon final approval of the official plat of survey. Comments on the classification are restricted to whether the lands are The land is not required for any physically suited for the proposal, federal purpose. The proposed action is

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in conformance with the Las Vegas to withhold your personal identifying The plat representing the dependent Resource Management Plan approved information from public review, we resurvey of a portion of the south on October 5, 1998, and would be in the cannot guarantee that we will be able to boundary and a portion of the public interest. The Plan of do so. subdivisional lines, and the subdivision Development has been reviewed and it Only written comments submitted by of sections 31 and 32, Township 17 is determined the proposed action postal service or overnight mail to the South, Range 51 East, Mount Diablo conforms with land use plan decision, Field Manager, BLM Las Vegas Field Meridian, Nevada, executed under LD–1, established in accordance with Office will be considered properly filed. Group No. 832, was accepted August 2, Section 202 of the Federal Land Policy Electronic mail, facsimile or telephone 2007. and Management Act, as amended (43 comments will not be considered These surveys were executed to meet U.S.C. 1712). The lease/conveyance, properly filed. Documents related to this certain administrative needs of the Fish when issued, will be subject to the action are on file at the BLM Las Vegas and Wildlife Service. provisions of the R&PP Act and Field Office at the address above and 2. The Plats of Survey of the following applicable regulations of the Secretary may be reviewed by the public at their described lands were officially filed at of the Interior, and will contain the request. the Nevada State Office, Reno, Nevada, following reservations to the United In the absence of any adverse on August 24, 2007. States: comments, the decision will become The plat representing the dependent 1. A right-of-way thereon for ditches effective on December 17, 2007. The resurvey of a portion of the or canals constructed by the authority of lands will not be available for lease/ subdivisional lines and a portion of the the United States, Act of August 30, conveyance until after the decision subdivision-of-section lines of section 1890 (43 U.S.C. 945). becomes effective. 25, the subdivision of sections 14 and 2. All minerals shall be reserved to 24 and the further subdivision of section (Authority: 43 CFR 2741.5) the United States, together with the 25, Township 11 North, Range 20 East, right to prospect for, mine, and remove Dated: October 4, 2007. Mount Diablo Meridian, Nevada, such deposits from the lands under Philip Rhinehart, executed under Group No. 816, was applicable law and such regulations as Supervisory Realty Specialist, Acting accepted August 23, 2007. the Secretary of the Interior may Assistant Field Manager, Las Vegas Field The plat, in three sheets, representing prescribe, including all necessary access Office. the dependent resurvey of the Second and exit rights. [FR Doc. 07–5078 Filed 10–15–07; 8:45 am] Standard Parallel North, through The lease/conveyance for N–82353 BILLING CODE 4310–HC–M portions of Ranges 21 and 22 East, a will be subject to valid existing rights. portion of the east boundary and a On October 16, 2007, the land portion of the subdivisional lines, and described above will be segregated from DEPARTMENT OF THE INTERIOR the subdivision of certain sections, all other forms of appropriation under Township 10 North, Range 22 East, the public land laws, including the Bureau of Land Management Mount Diablo Meridian, Nevada, general mining laws, except for lease/ [NV–952–08–1420–BJ] executed under Group No. 816, was conveyance under the R&PP Act, leasing accepted August 23, 2007. under the mineral leasing laws, and Filing of Plats of Survey; Nevada These surveys were executed to meet disposals under the mineral material certain administrative needs of the AGENCY: Bureau of Land Management. disposal laws. Bureau of Indian Affairs. Detailed information concerning this ACTION: Notice. 3. The Plat of Survey of the following station is available for review as the SUMMARY: The purpose of this notice is described lands was officially filed at BLM Las Vegas Field Office at the to inform the public and interested State the Nevada State Office, Reno, Nevada, address listed above. and local government officials of the on August 30, 2007. Interested parties may submit filing of Plats of Survey in Nevada. The plat representing the dependent comments regarding the specific use resurvey of a portion of the west DATES: proposed in the application and Plan of Effective Dates: Filing is effective boundary, a portion of the subdivisional Development, whether the BLM at 10 a.m. on the dates indicated below. lines and a portion of the subdivision- followed proper administrative FOR FURTHER INFORMATION CONTACT: of-section lines of sections 6 and 8, the procedures in reaching the decision to David D. Morlan, Chief, Branch of subdivision of sections 7, 16, 17 and 18, lease/convey under the R&PP Act, to Geographic Sciences, Bureau of Land the further subdivision of sections 5, 6, any other factor not yet directly related Management (BLM), Nevada State 8 and 9, and metes-and-bounds surveys to the suitability of the land for a fire Office, 1340 Financial Blvd., P.O. Box in sections 6, 7 and 18, Township 12 station. Any adverse comments will be 12000, Reno, Nevada 89520, 775–861– North, Range 29 East, Mount Diablo reviewed by the BLM Nevada State 6541. Meridian, Nevada, executed under Director who may sustain, vacate, or SUPPLEMENTARY INFORMATION: 1. The Group No. 827, was accepted August 28, modify this realty action. In the absence Plats of Survey of the following 2007. This survey was executed to meet of any adverse comments, this realty described lands were officially filed at certain administrative needs of the action will become the final the Nevada State Office, Reno, Nevada, Bureau of Indian Affairs. determination of the Department of the on August 7, 2007. 4. The above-listed surveys are now Interior. The plat, in five sheets, representing the basic record for describing the lands Before including your address, phone the dependent resurvey of portions of for all authorized purposes. These number, e-mail address, or other the south and east boundaries and a surveys have been placed in the open personal identifying information in your portion of the subdivisional lines, and files in the BLM Nevada State Office comment, you should be aware that the subdivision of certain sections, and are available to the public as a your entire comment—including your Township 17 South, Range 50 East, matter of information. Copies of the personal identifying information—may Mount Diablo Meridian, Nevada, surveys and related field notes may be be made publicly available at any time. executed under Group No. 832, was furnished to the public upon payment of While you can ask us in your comment accepted August 2, 2007. the appropriate fees.

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Dated: October 3, 2007. amended), the National Science implementation of certain feedwater David D. Morlan, Foundation announces the following flow measurement instrumentation. Chief Cadastral Surveyor, Nevada. meeting: The Commission had previously [FR Doc. E7–20292 Filed 10–15–07; 8:45 am] Name: Advisory Committee for Polar issued a Notice of Consideration of BILLING CODE 4310–HC–P Programs (1130). Issuance of Amendment published in Date/Time: November 8, 2007, 8 a.m. the Federal Register on March 16, 2005 to 5 p.m. November 9, 2007, 8 a.m. to (70 FR 12906). However, by letter dated DEPARTMENT OF LABOR 3 p.m. September 27, 2007, the licensee Place: National Science Foundation, withdrew the proposed change. Veterans’ Employment and Training 4201 Wilson Boulevard, Stafford II–11th For further details with respect to this Service Floor. action, see the application for Type of Meeting: Open. amendment dated January 31, 2005, and Office of the Assistant Secretary for Contact Person: Sue LaFratta, Office the licensee’s letter dated September 27, Veterans’ Employment and Training; the of Polar Programs (OPP). National 2007, which withdrew the application Advisory Committee on Veterans’ Science Foundation, 4201 Wilson for license amendment. Documents may Employment, Training and Employer Boulevard, Arlington, VA 22230. (703) be examined, and/or copied for a fee, at Outreach (ACVETEO); Notice of Open 292–8030. the NRC’s Public Document Room Meeting Minutes: May be obtained from the (PDR), located at One White Flint North, The Advisory Committee on Veterans’ contact person listed above. Public File Area O1 F21, 11555 Employment, Training and Employer Purpose of Meeting: To advise NSF on Rockville Pike (first floor), Rockville, Outreach (ACVETEO) was established the impact of its policies, programs, and Maryland. Publicly available records pursuant to Title II of the Veterans’ activities on the polar research will be accessible electronically from Housing Opportunity and Benefits community, to provide advice to the the Agencywide Documents Access and Improvement Act of 2006 (Pub. L. 109– Director of OPP on issues related to Management Systems (ADAMS) Public 233) and Section 9 of the Federal long-range planning. Electronic Reading Room on the internet Advisory Committee Act (FACA) (Pub. Agenda: Staff presentations and at the NRC Web site, http:// L. 92–462, Title 5 U.S.C. app.II). The discussion on opportunities and www.nrc.gov/reading-rm.html. Persons ACVETEO’s authority is codified in challenges for polar research, education who do not have access to ADAMS or Title 38 U.S. Code, Section 4110. and infrastructure; reports and who encounter problems in accessing The ACVETEO is responsible for recommendations from the Arctic and the documents located in ADAMS assessing employment and training Antarctic Committees of Visitors; and should contact the NRC PDR Reference needs of veterans; determining the overall dimensions of NSF’s IPY activity staff by telephone at 1–800–397–4209, extent to which the programs and and how it relates to IPY activity or 301–415–4737 or by e-mail to activities of the Department of Labor worldwide. [email protected]. met these needs; and assisting in Dated: October 11, 2007. Dated at Rockville, Maryland, this 9th day carrying out outreach to employers Susanne Bolton, of October 2007. seeking to hire veterans. For the Nuclear Regulatory Commission. The Advisory Committee on Veterans’ Committee Management Officer. Douglas V. Pickett, Employment Training and Employer [FR Doc. E7–20323 Filed 10–15–07; 8:45 am] Senior Project Manager, Plant Licensing Outreach will meet on Thursday, BILLING CODE 7555–01–P Branch I–1, Division of Operating Reactor November 15th from 8 a.m. to 4 p.m. at Licensing, Office of Nuclear Reactor the OSI Restaurant Partners, LLC, 2202 Regulation. N. Westshore Boulevard, Corporate NUCLEAR REGULATORY [FR Doc. E7–20417 Filed 10–15–07; 8:45 am] Center One Building, 5th Floor, Tampa, COMMISSION BILLING CODE 7590–01–P Florida 33607. [Docket Nos. 50–317 and 50–318] The committee will discuss programs assisting veterans seeking employment Calvert Cliffs Nuclear Power Plant, NUCLEAR REGULATORY and raising employer awareness as to Inc.; Notice of Withdrawal of COMMISSION the advantages of hiring veterans. Application for Amendment to Facility [Docket No. 70–143–CO, ASLBP No. 07– Individuals needing special Operating License accommodations should notify Bill 857–01–CO] The U.S. Nuclear Regulatory Offutt at (202) 693–4717 by November Nuclear Fuel Services (Confirmatory Commission (the Commission) has 9th, 2007. Order); Notice of Reconstitution Signed in Washington, DC, this 10th day of granted the request of Calvert Cliffs October 2007. Nuclear Power Plant, Inc. (the licensee) Pursuant to 10 CFR 2.321, the Atomic John M. McWilliam, to withdraw its application dated Safety and Licensing Board in the above January 31, 2005, for proposed Deputy Assistant Secretary, Veterans’ captioned Nuclear Fuel Services Employment and Training. amendments to Renewed Facility proceeding is hereby reconstituted by Operating License Nos. DPR–53 and [FR Doc. E7–20337 Filed 10–15–07; 8:45 am] appointing Administrative Judge G. Paul DPR–69 for the Calvert Cliffs Nuclear Bollwerk in place of Administrative BILLING CODE 4510–79–P Power Plant, Unit Nos. 1 and 2, Judge Peter Lam, whose retirement from respectively, located in Calvert County, the Panel has rendered him unavailable Maryland. to participate in this proceeding (10 CFR NATIONAL SCIENCE FOUNDATION The proposed amendment would 2.313(c)). Advisory Committee for Polar have revised the Renewed Facility In accordance with 10 CFR 2.302, Programs; Notice of Meeting Operating Licenses and Technical henceforth all correspondence, Specifications to increase the licensed documents, and other material relating In accordance with Federal Advisory core power by 1.37 percent to 2737 to any matter in this proceeding over Committee Act (Pub. L. 92–463, as MegaWatt-thermal through which this Licensing Board has

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jurisdiction should be served on a portion that may be closed pursuant Wednesday, October 31, 2007—8 a.m. Administrative Judge Bollwerk as to 5 U.S.C. 552b(c)(2) and (6) to discuss Until the Conclusion of Business follows: Administrative Judge G. Paul organizational and personnel matters The Subcommittee will meet with Bollwerk, Atomic Safety and Licensing that relate solely to the internal representatives of the NRC Staff, Board Panel, U.S. Nuclear Regulatory personnel rules and practices of the Westinghouse Electric Corporation (W ), Commission, Washington, DC 20555– ACRS, and information the release of and the AP1000 Design Centered 0001. which would constitute a clearly Working Group (DCWG) to discuss the Dated: Issued at Rockville, Maryland, this unwarranted invasion of personal AP1000 design, proposed revisions to 9th day of October 2007. privacy. 10 CFR Part 52 Appendix D, issues to E. Roy Hawkens, The agenda for the subject meeting be resolved collectively for Combined Chief Administrative Judge, Atomic Safety shall be as follows: License (COL) applicants referencing and Licensing Board Panel. Wednesday, October 31, 2007, 2:30 p.m. the AP1000 certified design by the [FR Doc. E7–20415 Filed 10–15–07; 8:45 am] Until the Conclusion of Business AP1000 DCWG, and issues that will be BILLING CODE 7590–01–P resolved on a plant-specific basis by The Subcommittee will discuss COL applicants. The Subcommittee will proposed ACRS activities and related hear presentations by and hold NUCLEAR REGULATORY matters. The Subcommittee will gather discussions with representatives of the COMMISSION information, analyze relevant issues and NRC staff, W, the AP1000 DCWG, and facts, and formulate proposed positions other interested persons regarding this [Docket No. IA–05–021–EA; ASLBP No. 05– and actions, as appropriate, for 839–02–EA] matter. The Subcommittee will gather deliberation by the full Committee. information, analyze relevant issues and Andrew Siemaszko (Enforcement Members of the public desiring to facts, and formulate proposed positions Action); Notice of Reconstitution provide oral statements and/or written and actions, as appropriate, for comments should notify the Designated deliberation by the full Committee. Pursuant to 10 CFR 2.321, the Atomic Federal Officer, Mr. Sam Duraiswamy Members of the public desiring to Safety and Licensing Board in the above (telephone: 301–415–7364) between provide oral statements and/or written captioned Andrew Siemaszko 7:30 a.m. and 4 p.m. (ET) five days prior comments should notify the Designated proceeding is hereby reconstituted by to the meeting, if possible, so that Federal Officer, David C. Fischer appointing Administrative Judge appropriate arrangements can be made. (telephone 301/415–6889) 5 days prior Nicholas Trikouris in place of Electronic recordings will be permitted to the meeting, if possible, so that Administrative Judge Peter Lam, whose only during those portions of the appropriate arrangements can be made. retirement from the Panel has rendered meeting that are open to the public. Electronic recordings will be permitted. him unavailable to participate in this Detailed procedures for the conduct of Detailed procedures for the conduct of proceeding (10 CFR 2.313(c)). and participation in ACRS meetings and participation in ACRS meetings In accordance with 10 CFR 2.302, were published in the Federal Register were published in the Federal Register henceforth all correspondence, on September 26, 2007 (72 FR 54695). on September 26, 2007 (72 FR 54695). documents, and other material relating Further information regarding this Further information regarding this to any matter in this proceeding over meeting can be obtained by contacting meeting can be obtained by contacting which this Licensing Board has the Designated Federal Officer between the Designated Federal Officer between jurisdiction should be served on 7:30 a.m. and 4 p.m. (ET). Persons 7:15 a.m. and 4 p.m. (ET). Persons Administrative Judge Trikouris as planning to attend this meeting are planning to attend this meeting are follows: Administrative Judge Nicholas urged to contact the above named urged to contact the above named G. Trikouris, Atomic Safety and individual at least two working days individual at least two working days Licensing Board Panel, U.S. Nuclear prior to the meeting to be advised of any prior to the meeting to be advised of any Regulatory Commission, Washington, potential changes in the agenda. potential changes to the agenda. DC 20555–0001. Dated: October 10, 2007. Dated: October 10, 2007. Issued at Rockville, Maryland this 9th day Cayetano Santos, of October 2007. Cayetano Santos, Chief, Reactor Safety Branch. E. Roy Hawkens, Chief, Reactor Safety Branch. [FR Doc. E7–20432 Filed 10–15–07; 8:45 am] Chief Administrative Judge, Atomic Safety [FR Doc. E7–20416 Filed 10–15–07; 8:45 am] and Licensing Board Panel. BILLING CODE 7590–01–P BILLING CODE 7590–01–P [FR Doc. E7–20419 Filed 10–15–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY NUCLEAR REGULATORY COMMISSION COMMISSION NUCLEAR REGULATORY Advisory Committee on Reactor Sunshine Federal Register Notice COMMISSION Safeguards (ACRS) Meeting of the Subcommittee on AP1000; Notice of DATES: Weeks of October 15, 22, 29, Advisory Committee on Reactor November 5, 12, 19, 2007. Safeguards (ACRS) Subcommittee Meeting PLACE: Commissioners’ Conference Meeting on Planning and Procedures; The ACRS Subcommittee on AP1000 Room, 11555 Rockville Pike, Rockville, Notice of Meeting will hold a meeting on October 31, Maryland. The ACRS Subcommittee on Planning 2007, Room T–2B3, 11545 Rockville STATUS: Public and Closed. and Procedures will hold a meeting on Pike, Rockville, Maryland. MATTERS TO BE CONSIDERED: October 31, 2007, Room T–2B1, 11545 The entire meeting will be open to Rockville Pike, Rockville, Maryland. public attendance. Week of October 15, 2007 The entire meeting will be open to The agenda for the subject meeting There are no meetings scheduled for public attendance, with the exception of shall be as follows: the Week of October 15, 2007.

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Week of October 22, 2007—Tentative participate in these public meetings, or comments, contact Gloria Blue, need this meeting notice or the Executive Secretary, TPSC, Office of the Wednesday, October 24, 2007— transcript or other information from the USTR, 1724 F Street, NW., Washington, 9:25 a.m. Affirmation Session (Public public meetings in another format (e.g. DC 20508 (202) 395–3475. All other Meeting) (Tentative) braille, large print), please notify the questions regarding the negotiations a. Final Rule—Clarification Of NRC NRC’s Disability Program Coordinator, should be addressed to Andrew Civil Penalty Authority Over Rohn Brown, at 301–492–2279, TDD: Stephens, Director for Bilateral Contractors And Subcontractors 301–415–2100, or by e-mail at Agricultural Affairs, Office of the USTR, Who Discriminate Against [email protected]. Determinations on (202) 395–9637. Employees For Engaging In requests for reasonable accommodation SUPPLEMENTARY INFORMATION: The 1985 Protected Activities (RIN 3150– will be made on a case-by-case basis. Agreement on the Establishment of a AH49) (Tentative) * * * * * Free Trade Area between the b. Pa’ina Hawaii, LLC (Material This notice is distributed by mail to Government of Israel and the License Application) (Tentative) several hundred subscribers; if you no Government of the United States of This meeting will be webcast live at longer wish to receive it, or would like America (Israel FTA) was intended to the Web address—http://www.nrc.gov. to be added to the distribution, please apply, in full, to trade in all products 9:30 a.m. Periodic Briefing on New contact the Office of the Secretary, between the two countries. However, Reactor Issues, Part 1 (Public Washington, DC 20555 (301–415–1969). the United States and Israel held Meeting) (Contact: Roger Rihm, In addition, distribution of this meeting differing interpretations as to the 301–415–7807) notice over the Internet system is meaning of certain rights and This meeting will be webcast live at available. If you are interested in obligations related to agricultural the Web address—http://www.nrc.gov. receiving this Commission meeting products under the Israel FTA. In the 1:30 p.m. Periodic Briefing on New schedule electronically, please send an interest of achieving practical Reactor Issues, Part 2 (Public electronic message to [email protected]. improvements in agricultural trade Meeting) (Contact: Roger Rihm, Dated: October 11, 2007. between the two countries, the United 301–415–7807) R. Michelle Schroll, States and Israel in 1996 signed the This meeting will be webcast live at Office of the Secretary. Agreement on Trade in Agricultural Products (ATAP). The 1996 ATAP was the Web address—http://www.nrc.gov. [FR Doc. 07–5119 Filed 10–12–07; 12:27 pm] an adjunct to the Israel FTA. The Week of October 29, 2007—Tentative BILLING CODE 7590–01–P agreement expired and then was There are no meetings scheduled for subsequently renewed in 2004 for a period ending on December 31, 2008. the Week of October 29, 2007. OFFICE OF THE UNITED STATES According to the ATAP, U.S. TRADE REPRESENTATIVE Week of November 5, 2007—Tentative agricultural products exported to Israel There are no meetings scheduled for Notice of Request for Public are divided into three categories: (1) the Week of November 5, 2007. Comments on the Review and Products which are exempt from tariffs, (2) products which are exempt from Week of November 12, 2007—Tentative Renegotiation of the United States- Israel Agreement on Trade in tariffs within certain quantities (tariff- Wednesday, November 14, 2007 Agricultural Products rate quotas), and (3) products which are imported at a preferential tariff rate. 9:30 a.m. Meeting with Advisory AGENCY: Office of the United States Following the implementation of the Committee on Nuclear Waste and Trade Representative. 1985 Israel FTA, most Israeli Materials (ACNW&M) (Public ACTION: Notice and Request for agricultural products exported to the Meeting) (Contact: Antonio Dias, Comments. United States had duty-free access to the 301 415–6805) U.S. market. However, certain Israeli This meeting will be webcast live at SUMMARY: The Trade Policy Staff products remained subject to tariff-rate the Web address—http://www.nrc.gov. Committee (TPSC) is soliciting written quotas. Therefore, duty-free quota comments on U.S. objectives for Week of November 19, 2007—Tentative allocations, in excess of U.S. WTO upcoming negotiations on the renewal commitments, are the principle There are no meetings scheduled for of the United States-Israel Agreement on concessions granted to Israeli products the Week of November 19, 2007. Trade in Agricultural Products (ATAP). as a result of the ATAP. * * * * * Specifically, the TPSC is seeking The United States and Israel have *The schedule for Commission comments on general negotiating committed to initiate a review of the meetings is subject to change on short objectives and product-specific requests. operation of the ATAP and to seek notice. To verify the status of meetings, DATES: Public comments are due by further improvements. In preparation, call (recording)—(301) 415–1292. Noon, Wednesday, November 14, 2007. USTR is soliciting detailed written Contact person for more information: ADDRESSES: Submissions by electronic comments, including data and Michelle Schroll, (301) 415–1662. mail should be submitted to arguments, addressing: * * * * * FR0802ustr.eop.gov. Submissions by (a) General and product-specific The NRC Commission Meeting facsimile: Gloria Blue, Executive negotiating objectives for the ATAP; Schedule can be found on the Internet Secretary, Trade Policy Staff Committee, (b) Economic costs and benefits to at: http://www.nrc.gov/about-nrc/policy- at (202) 395–6143. The public is U.S. producers and exporters related to making/schedule.html. strongly encouraged to submit the reduction or removal of current * * * * * documents electronically rather than by restrictions to the Israeli agricultural The NRC provides reasonable facsimile. (See requirements for market; accommodation to individuals with submissions below.) (c) Product-specific export interests or disabilities where appropriate. If you FOR FURTHER INFORMATION CONTACT: For barriers (described by Harmonized need a reasonable accommodation to procedural questions concerning public Tariff System numbers);

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(d) Detailed accounts of particular The USTR Reading Room is open to the (‘‘Index-Linked Securities’’), trade-restrictive measures that should be public, by appointment only, from 10 commodity-linked securities addressed in the negotiations; and, a.m. to 12 noon and 1 p.m. to 4 p.m., (‘‘Commodity-Linked Securities’’), and (e) Other relevant issues, including Monday through Friday. An currency-linked securities (‘‘Currency- potential environmental implications of appointment to review the file must be Linked Securities’’) (collectively, the proposed agreement. scheduled at least 48 hours in advance ‘‘Section 107 Securities’’). The text of the proposed rule change Written Comments and may be made by calling (202) 395– 6186. is available at the Exchange, the In order to facilitate prompt Commission’s Public Reference Room, processing of submissions, the Office of Carmen Suro-Bredie, and http://www.amex.com. the United States Trade Representative Chair, Trade Policy Staff Committee. strongly urges and prefers electronic (e- [FR Doc. E7–20374 Filed 10–15–07; 8:45 am] II. Self-Regulatory Organization’s Statement of the Purpose of, and mail) submissions in response to this BILLING CODE 3190–W8–P notice. In the event than an e-mail Statutory Basis for, the Proposed Rule submission is impossible, submissions Change should be made by facsimile. SECURITIES AND EXCHANGE In its filing with the Commission, the Interested persons may submit written COMMISSION Exchange included statements comments by Noon, Wednesday, concerning the purpose of, and basis for, November 14, 2007. All written [Release No. 34–56629; File No. SR–Amex– the proposed rule change and discussed comments must state clearly the 2007–87] any comments it received on the position taken, describe with Self-Regulatory Organizations; proposed rule change. The text of these particularity the supporting rationale, American Stock Exchange LLC; Notice statements may be examined at the and be in English. The first page of of Filing and Order Granting places specified in Item III below. The written comments must specify the Accelerated Approval of Proposed Amex has prepared summaries, set forth subject matter, including, as applicable, Rule Change, as Modified by in Sections A, B and C below, of the the product(s) (with HTSUS numbers). most significant aspects of such Amendment No. 1, To Amend Section Persons making submissions by e- statements. mail should use the following subject 107 of the Amex Company Guide To line: ‘‘United States-Israel ATAP Provide an Exception to the Initial A. Self-Regulatory Organization’s Written Comments.’’ Documents should Minimum Public Distribution Listing Statement of the Purpose of, and be submitted as Adobe PDF, MSWord Requirement Statutory Basis for, the Proposed Rule Change files or Word Perfect. Supporting October 9, 2007. documentation submitted as Pursuant to Section 19(b)(1)1 of the 1. Purpose spreadsheets are acceptable as Quattro Securities Exchange Act of 1934 The Exchange states that the purpose Pro or Excel. For any document (‘‘Act’’),2 and Rule 19b–4 thereunder,3 of this proposal is to permit the listing containing business confidential notice is hereby given that on August 9, of certain Section 107 Securities even information submitted electronically, 2007, American Stock Exchange LLC though the minimum public the file name of the business (‘‘Amex’’ or ‘‘Exchange’’) filed with the distribution requirement of one million confidential version should begin with Securities and Exchange Commission trading units has not been met at the the characters ‘‘BC–’’ and the file name (‘‘Commission’’) the proposed rule time of listing. This exception would be of the public version should begin with changes as described in Items I and II conditioned on whether the particular the characters ‘‘P–’’. The ‘‘P–’’ or ‘‘BC– below, which items have been prepared issue provides for the redemption of ’’ should be followed by the name of the by the Exchange. On October 4, 2007, securities at the option of the holders on submitter. Persons who make the Exchange submitted Amendment at least a weekly basis. In addition, the submissions by e-mail should not No. 1 to the proposed rule change. The Exchange proposes to revise the text of provide separate cover letters; Commission is publishing this notice to the ‘‘General Criteria’’ in each of information that might appear in a cover solicit comments on the proposed rule Sections 107C(a), 107D(a), 107E(a) and letter should be included in the change, as amended, from interested 107F(a) to eliminate repetitive rule text submission itself. To the extent persons, and is granting accelerated that is incorporated by reference to possible, any attachments to the approval to the proposed rule change. Section 107A of the Company Guide. submission should be included in the Pursuant to Section 107 of the Amex I. Self-Regulatory Organization’s same file as the submission itself, and Company Guide, the Exchange may Statement of the Terms of Substance of not as separate files. approve for listing and trading securities the Proposed Rule Change Written comments will be placed in a which cannot be readily categorized file open to public inspection pursuant The Exchange proposes to amend under the listing criteria for common to 15 CFR 2003.5, except business Sections 107A, 107C, 107D, 107E, and and preferred securities, bonds, confidential information submitted in 107F of the Amex Company Guide debentures, or warrants.4 The general accordance with 15 CFR 2003.6. (‘‘Company Guide’’) to provide an listing criteria relating to issuers and the Business confidential information exception to the initial minimum public issuance are set forth in Section 107A of submitted in accordance with 15 CFR distribution listing requirement of one the Company Guide. The Exchange in 2003.6 must be clearly marked million trading units for certain equity connection with a potential listing of ‘‘Business Confidential’’ at the top of linked term notes (‘‘Equity-Linked Section 107 Securities evaluates each each page, including any cover letter or Notes’’), index-linked exchangeable security against the following criteria in cover page, and must be accompanied notes (‘‘Index-Linked Exchangeable Section 107A: (1) A market value of at by a nonconfidential summary of the Notes’’), index-linked securities least $4 million; and (2) a minimum confidential information. All public documents and nonconfidential 1 15 U.S.C. 78s(b)(1). 4 See Securities Exchange Act Release No. 27753 summaries shall be available for public 2 15 U.S.C. 78a. (March 1, 1990), 55 FR 8626 (March 8, 1990) (SR– inspection in the USTR Reading Room. 3 17 CFR 240.19b–4. Amex–89–29).

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public distribution requirement of one Sections 107A(b), 107B(a), 107C(a), In the case of an ETF, shares are initially million trading units with a minimum 107D(a), 107E(a) and 107F(a) currently launched or distributed without a of 400 public shareholders. Two provide an exception to new listings of significant distribution event with the exceptions to these initial listing Section 107 Securities from the share float increasing over time as requirements exist. First, the minimum otherwise applicable requirement that securities in creation unit size are public distribution requirement is not the issue have 400 public shareholders issued from the issuer at net asset value applicable to an issue traded in upon listing, but only if the issue (‘‘NAV’’). Because of market dynamics thousand dollar denominations. Second, provides for the redemption of and the purchasing behavior of the minimum public shareholder securities at the option of the holders on investors, it is difficult for an issuer to requirement does not apply to securities at least at weekly basis.11 The Exchange be able to guarantee a specific number redeemable at the option of the holder believes that, where there is a weekly of units on the date of listing in order on at least a weekly basis. redemption right, the same justification to meet the initial minimum one million The listing criteria also provides that exists for an exception from the trading unit requirement. However, the the issuer must have assets in excess of minimum public distribution Exchange believes that this difficulty in $100 million and stockholder’s equity of requirement to have one million units ensuring the sale of one million units on at least $10 million, and pre-tax income issued at the time of listing. the listing date is not indicative of a of at least $750,000 in the last fiscal year The Exchange believes that a weekly likely long-term lack of liquidity in the or in two of the three prior fiscal years. redemption right will ensure a strong securities or, for the reasons set forth in In the case of an issuer which is unable correlation between the market price of the prior paragraph, of a difficulty in Section 107 Securities and the to satisfy the earning criteria stated in establishing a pricing equilibrium in the performance of the underlying asset, Section 101 of the Company Guide, the securities or a successful two-sided such as a single security, basket of Exchange will require the issuer to have market. securities and/or securities index, as the following: (1) Assets in excess of Accordingly, the Exchange submits holders will be unlikely to sell their $200 million and stockholders’ equity of that the existence of a weekly securities for less than their redemption at least $10 million; or (2) assets in redemption option justifies this limited value if they have a weekly right to be excess of $100 million and stockholders’ exception to the minimum public redeemed for their full value. In equity of at least $20 million. distribution requirement. addition, in the case of certain Section The Exchange over the past several 107 Securities with a weekly 2. Statutory Basis years added several different generic redemption feature, the issuer may have The Exchange believes that the listing standards in Section 107 for the ability to issue new securities from proposed rule change is consistent with Equity Linked Notes, Index-Linked time to time at market prices prevailing Section 6(b) of the Act,12 in general, and Exchangeable Notes, Index-Linked at the time of sale, at prices related to furthers the objectives of Section 6(b)(5) Securities, Commodity-Linked market prices or at negotiated prices. of the Act,13 in particular in that it is Securities, Currency-Linked Securities, This provides a ready supply of new designed to promote just and equitable and trust certificate securities. These securities, thereby reducing the principles of trade, to foster cooperation requirements are set forth in Sections potential that Section 107 Security 5 6 7 8 9 and coordination with persons engaging 107B, 107C, 107D, 107E, 107F, and market prices will be affected by a 10 in regulating, clearing, settling, 107G of the Company Guide, scarcity of available securities. In processing information with respect to, respectively. In each case, an initial addition, the ability to issue new and facilitating transactions in minimum public distribution of at least securities may assist in maintaining a securities, to remove impediments to one million trading units is required, strong correlation between the market and perfect the mechanism of a free and except where a security is traded in price and indicative value of such open market and a national market thousand dollar denominations. The securities during the trading day, as system, and, in general, to protect Exchange submits that an exception to investors will unlikely be willing to pay investors and the public interest. the minimum public distribution more than the indicative value in the requirement of one million trading units open market if they can acquire the B. Self-Regulatory Organization’s is necessary for the successful listing of securities from the issuer at such price. Statement on Burden on Competition Section 107 Securities that provide for The Exchange states that this is based The Exchange does not believe that redemption at the option of the holders largely on potential arbitrage the proposed rule change will impose on at least a weekly basis. opportunities that should mitigate the any burden on competition that is not effect of any price differentials. necessary or appropriate in furtherance 5 See Securities Exchange Act Release No. 32343 The Exchange believes that the ability of the purposes of the Act. (May 20, 1993), 58 FR 30833 (May 27, 1993) (SR– to list Section 107 Securities with these Amex–92–42). See also Securities Exchange Act C. Self-Regulatory Organization’s characteristics without an initial Release Nos. 42582 (March 27, 2000), 65 FR 17685 Statement on Comments on the (April 4, 2000) (SR–Amex–99–42) and 47055 minimum holder and initial minimum Proposed Rule Change Received From (December 19, 2002), 67 FR 79669 (December 30, public distribution requirement is Members, Participants or Others 2002) (SR–Amex–2002–110). important to the successful listing of 6 See Securities Exchange Act Release No. 44621 No written comments were solicited, (July 30, 2001), 66 FR 41064 (August 6, 2001) (SR– such securities. Issuers issuing these Amex–2001–23). types of Section 107 Securities generally or received, with respect to the 7 See Securities Exchange Act Release No. 51258 do not intend to do so by way of an proposed rule change, by Amex. (February 25, 2005), 70 FR 10700 (March 4, 2005) underwritten offering, but instead, III. Solicitation of Comments (SR–Amex–2005–001). initially distribute the securities similar 8 See Securities Exchange Act Release No. 55794 to the manner in which exchange-traded Interested persons are invited to (May 22, 2007), 72 FR 29558 (May 29, 2007) (SR– submit written data, views and Amex–2007–45). funds, or ‘‘ETFs,’’ are brought to market. 9 Id. arguments concerning the foregoing, 10 See Securities Exchange Act Release No. 50355 11 See Securities Exchange Act Release No. 55733 (September 13, 2004), 69 FR 56252 (September 20, (May 10, 2007), 72 FR 27602 (May 16, 2007) (SR– 12 15 U.S.C. 78f(b). 2004). Amex–2007–34). 13 15 U.S.C. 78f(b)(5).

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including whether the proposed rule a national securities exchange 14 and, in V. Conclusion change is consistent with the Act. particular, the requirements of Section 6 It is therefore ordered, pursuant to Comments may be submitted by any of of the Act.15 Specifically, the Section 19(b)(2) of the Act,19 that the the following methods: Commission finds that the proposed proposed rule change, as amended (SR– rule change is consistent with Section Electronic Comments Amex–2007–87), be, and it hereby is, 6(b)(5) of the Act,16 which requires, approved on an accelerated basis. • Use the Commission’s Internet among other things, that the rules of a For the Commission, by the Division of comment form (http://www.sec.gov/ national securities exchange be Market Regulation, pursuant to delegated rules/sro.shtml ); or designed to promote just and equitable authority.20 • Send e-mail to rule- principles of trade, to foster cooperation Florence E. Harmon, [email protected]. Please include File and coordination with persons engaged Deputy Secretary. in regulating, clearing, settling, Number SR–Amex–2007–87 on the [FR Doc. E7–20359 Filed 10–15–07; 8:45 am] subject line. processing information with respect to, and facilitating transactions in BILLING CODE 8011–01–P Paper Comments securities, to remove impediments to • Send paper comments in triplicate and perfect the mechanism of a free and SECURITIES AND EXCHANGE to Nancy M. Morris, Secretary, open market and a national market COMMISSION Securities and Exchange Commission, system, and, in general, to protect investors and the public interest. [Release No. 34–56636; File No. SR–Amex– 100 F Street, NE., Washington, DC, 2007–108] 20549–1090. The Commission believes that this All submissions should refer to File proposal should benefit investors by Self-Regulatory Organizations; Number SR–Amex–2007–87. This file providing an exception to the minimum American Stock Exchange LLC; Notice number should be included on the public distribution requirements for of Filing of Proposed Rule Change To subject line if e-mail is used. To help the Section 107 Securities with a weekly Increase the Annual Listing Fees for Commission process and review your redemption right. The Commission Certain Stock Issues of Listed comments more efficiently, please use believes that the market price of Section Companies 107 Securities with a weekly only one method. The Commission will October 10, 2007. redemption right should exhibit a strong post all comments on the Commission’s Pursuant to Section 19(b)(1) of the correlation to the performance of the Internet Web site (http://www.sec.gov/ Securities Exchange Act of 1934 relevant underlying index or asset, since rules/sro.shtml ). Copies of the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 holders of such securities will be submission, all subsequent notice is hereby given that on October amendments, all written statements unlikely to sell them for less than their 3, 2007, the American Stock Exchange with respect to the proposed rule redemption value if they have a weekly LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with change that are filed with the right to be redeemed for their full value. the Securities and Exchange Commission, and all written The Commission believes that this Commission (‘‘Commission’’) the communications relating to the exception is reasonable and should proposed rule change as described in proposed rule change between the allow for the listing and trading of Items I, II, and III below, which Items Commission and any person, other than certain Section 107 Securities that have been substantially prepared by those that may be withheld from the would otherwise not be able to be listed Amex. The Commission is publishing public in accordance with the and traded on the Exchange. this notice to solicit comments on the provisions of 5 U.S.C. 552, will be The Commission finds good cause for proposed rule change from interested available for inspection and copying in approving the proposed rule change persons. the Commission’s Public Reference prior to the 30th day after the date of I. Self-Regulatory Organization’s Room, 100 F Street, NE., Washington, publication of the notice of filing thereof DC 20549, on official business days Statement of the Terms of Substance of in the Federal Register. The the Proposed Rule Change between the hours of 10 a.m. and 3 p.m. Commission does not believe that the Copies of such filing also will be Exchange’s proposal raises any novel The Exchange proposes to amend available for inspection and copying at regulatory issues.17 In addition, the Section 141 of the Amex Company the principal office of the Exchange. All Commission believes that accelerating Guide to increase the annual listing fees comments received will be posted approval of this proposal should benefit for certain stock issues of listed without change; the Commission does investors by creating, without undue companies. The text of the proposed not edit personal identifying delay, additional competition in the rule change is available at http:// information from submissions. You market for Section 107 securities. www.amex.com, the Exchange’s should submit only information that principal office, and the Commission’s you wish to make available publicly. All Therefore the Commission finds good Public Reference Room. submissions should refer to File number cause, consistent with Section 19(b)(2) 18 II. Self-Regulatory Organization’s SR–Amex–2007–87 and should be of the Act, to approve the proposed rule change on an accelerated basis. Statement of the Purpose of, and submitted by November 6, 2007. Statutory Basis for, the Proposed Rule IV. Commission’s Findings and Order 14 In approving this proposed rule change, the Change Granting Accelerated Approval of the Commission has considered the proposed rule’s In its filing with the Commission, the Proposed Rule Change impact on efficiency, competition, and capital Exchange included statements formation. 15 U.S.C. 78c(f). concerning the purpose of, and basis for, After careful consideration, the 15 15 U.S.C. 78f. Commission finds that the proposed 16 15 U.S.C. 78f(b)(5). 17 19 15 U.S.C. 78s(b)(2). rule change is consistent with the See Securities Exchange Act Release No. 56271 (August 16, 2007), 72 FR 47107 (August 22, 2007) 20 17 CFR 200.30–3(a)(12). requirements of the Act and the rules (SR–NYSE–2007–74). 1 15 U.S.C. 78s(b)(1). and regulations thereunder applicable to 18 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4.

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the proposed rule change and discussed $27,500 across all levels of shares C. Self-Regulatory Organization’s any comments it received on the outstanding. The Exchange’s current Statement on Comments on the proposed rule change. The text of these annual listing fees for stock issues are Proposed Rule Change Received From statements may be examined at the set forth below: Members, Participants, or Others places specified in Item IV below. The Written comments on the proposed Number of shares Fee Exchange has prepared summaries, set rule change were neither solicited nor forth in Sections A, B, and C below, of received. the most significant aspects of such 5,000,000 shares or less ...... $16,500.00 statements. 5,000,001 to 10,000,000 shares 19,000.00 III. Date of Effectiveness of the 10,000,001 to 25,000,000 Proposed Rule Change and Timing for A. Self-Regulatory Organization’s shares ...... 21,500.00 Commission Action Statement of the Purpose of, and 25,000,001 to 50,000,000 Statutory Basis for, the Proposed Rule shares ...... 24,500.00 Within 35 days of the date of Change 50,000,001 to 75,000,000 publication of this notice in the Federal shares ...... 32,500.00 Register or within such longer period (i) In excess of 75,000,000 shares 34,000.00 1. Purpose as the Commission may designate up to Amex proposes to amend Section 141 90 days of such date if it finds such of the Company Guide to increase the This proposal seeks to amend the longer period to be appropriate and annual listing fees for certain stock annual listing fees set forth in Section publishes its reasons for so finding or issues of listed companies. The 141 of the Amex Company Guide as (ii) as to which the Exchange consents, Exchange believes it is appropriate to follows: the Commission will: increase these fees to cover the costs for Number of shares Fee (A) By order approve such proposed maintaining its current programs and rule change, or also to better align the Exchange’s 50,000,000 shares or less ...... $27,500.00 (B) Institute proceedings to determine annual listing fees with those of the 50,000,001 to 75,000,000 whether the proposed rule change Nasdaq Capital Market. shares ...... 32,500.00 should be disapproved. The Amex marketplace most closely In excess of 75,000,000 shares 34,000.00 resembles the Nasdaq Capital Market in IV. Solicitation of Comments terms of listing standards and In effect, the Exchange through this Interested persons are invited to demographics of listed companies, i.e. proposal would raise annual listing fees submit written data, views, and similar market capitalizations, trading only for those outstanding stock issues arguments concerning the foregoing, volumes, and stage of development. On of 50 million shares or less. including whether the proposed rule April 18, 2007, the Commission adopted The Exchange believes that the change is consistent with the Act. an amendment to Rule 146(b) of the proposed rule change is an equitable Comments may be submitted by any of Securities Act of 1933 (‘‘1933 Act’’), to allocation of annual listings fees for the following methods: designate securities listed or authorized equity issues consistent with Section Electronic Comments for listing on the Nasdaq Capital Market 6(b)(4) of the Act.4 The Exchange further as ‘‘covered securities’’ under Section • Use the Commission’s Internet 3 submits that the proposed increases in 18 of the 1933 Act. Covered securities the annual listing fees for stock issues comment form (http://www.sec.gov/ under Section 18 of the 1933 Act are of 50 million shares or less are rules/sro.shtml); or exempt from state law registration appropriate for the purpose of • Send an e-mail to rule- requirements (‘‘Blue Sky Laws’’). Such generating revenue to fund Exchange [email protected]. Please include File an exemption from Blue Sky Laws, operations and to better align its fees Number SR–Amex–2007–108 on the which companies listed on Amex have with those of the Nasdaq Capital subject line. long enjoyed, further renders the Market. Nasdaq Capital Market even more Paper Comments similar to the Amex marketplace. While 2. Statutory Basis • Send paper comments in triplicate the Nasdaq Capital Market is The proposed rule change is to Nancy M. Morris, Secretary, substantially similar to the Amex equity consistent with Section 6(b) of the Act 5 Securities and Exchange Commission, marketplace, the Exchange believes that in general, and furthers the objectives of 100 F Street, NE., Washington, DC certain services—such as associated Sections 6(b)(4) of the Act 6 in 20549–1090. service offerings, the AMEX IR Alliance, particular, in that the proposed rule All submissions should refer to File and the AMEX online targeting tool— change provides for the equitable Number SR–Amex–2007–108. This file are provided free of charge to listed allocation of reasonable dues, fees, and number should be included on the companies at Amex, while similar other charges among members and subject line if e-mail is used. To help the services provided by the Nasdaq Capital issuers and other persons using the Commission process and review your Market are subject to fees. Exchange’s facilities. comments more efficiently, please use Annual Listing Fee only one method. The Commission will B. Self-Regulatory Organization’s post all comments on the Commission’s The annual fees set forth in Section Statement on Burden on Competition Internet Web site (http://www.sec.gov/ 141 of the Amex Company Guide, as rules/sro.shtml). Copies of the depicted in the chart below, currently The Exchange does not believe that submission, all subsequent range from $16,500 to $34,000 the proposed rule change will impose amendments, all written statements depending on the number of shares any burden on competition that is not with respect to the proposed rule outstanding. In contrast, the Nasdaq necessary or appropriate in furtherance change that are filed with the Capital Market charges a flat fee of of the purposes of the Act. Commission, and all written 3 See Securities Exchange Act Release No. 33– 4 15 U.S.C. 78f(b). communications relating to the 8791 (April 18, 2007), 72 FR 20410 (April 24, 2007) 5 15 U.S.C. 78f(b). proposed rule change between the (S7–18–06). 6 15 U.S.C. 78f(b)(4). Commission and any person, other than

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those that may be withheld from the resolve uncompared transactions and remove impediments to and perfect public in accordance with the (‘‘DKs’’) on the members’ behalf. the mechanism of a free and open provisions of 5 U.S.C. 552, will be market and a national market system. II. Self-Regulatory Organization’s available for inspection and copying in Statement of the Purpose of, and B. Self-Regulatory Organization’s the Commission’s Public Reference Statutory Basis for, the Proposed Rule Statement on Burden on Competition Room, 100 F Street, NE., Washington, Change DC 20549, on official business days Amex believes that the proposed rule between the hours of 10 a.m. and 3 p.m. In its filing with the Commission, change does not impose any burden on Copies of such filing also will be Amex included statements concerning competition that is not necessary or available for inspection and copying at the purpose of and basis for the appropriate in furtherance of the the principal office of the Exchange. All proposed rule change and discussed any purposes of the Act. comments received will be posted comments it received on the proposed C. Self-Regulatory Organization’s without change; the Commission does rule change. The text of these statements Statement on Comments on the not edit personal identifying may be examined at the places specified Proposed Rule Change Received From information from submissions. You in Item IV below. Amex has prepared Members, Participants or Others should submit only information that summaries, set forth in sections A, B, you wish to make available publicly. All and C below, of the most significant Amex has not solicited or received submissions should refer to File aspects of such statements. written comments with respect to the proposed rule change. Number SR–Amex–2007–108 and A. Self-Regulatory Organization’s should be submitted on or before Statement of the Purpose of, and the III. Date of Effectiveness of the November 6, 2007. Statutory Basis for, the Proposed Rule Proposed Rule Change and Timing for For the Commission, by the Division of Change Commission Action Market Regulation, pursuant to delegated authority.7 Currently, Amex Rule 724 requires Within thirty-five days of the date of Florence E. Harmon, each member that executes transactions publication of this notice in the Federal on Amex’s trading floor (‘‘Floor’’) to Deputy Secretary. Register or within such longer period (i) designate another member on the Floor as the Commission may designate up to [FR Doc. E7–20362 Filed 10–15–07; 8:45 am] to act for it in its absence to resolve ninety days of such date if it finds such BILLING CODE 8011–01–P questions and to receive or sign DK longer period to be appropriate and notices relating to transactions it publishes its reasons for so finding or SECURITIES AND EXCHANGE executes. Amex wishes to amend this (ii) as to which the self-regulatory COMMISSION requirement in order to accommodate organization consents, the Commission members with limited resources and will: [Release No. 34–56635; File No. SR–Amex– members that can handle their own (A) By order approve such proposed 2007–56] DKs. Amex believes this proposal will rule change or benefit associate members that access (B) Institute proceedings to determine Self-Regulatory Organizations; Amex electronically and do not have the whether the proposed rule change American Stock Exchange LLC; Notice requisite personnel on the Floor. Amex should be disapproved. of Filing of Proposed Rule Change states that it is not appropriate to Relating to Resolving Uncompared IV. Solicitation of Comments require such firms to rely on an Transactions individual affiliated with another firm Interested persons are invited to October 10, 2007. for this purpose. submit written data, views, and Pursuant to Section 19(b)(1) of the Specifically, this proposal would arguments concerning the foregoing, Securities Exchange Act of 1934 make it optional for a Floor member to including whether the proposed rule (‘‘Act’’) 1 notice is hereby given that on designate another Floor member to act change is consistent with the Act. June 4, 2007, the American Stock on its behalf regarding DK notices but Comments may be submitted by any of Exchange LLC (‘‘Amex’’) filed with the would require each member to designate the following methods: Securities and Exchange Commission a member firm, allied member, Electronic Comments registered representative, or any other (‘‘Commission’’) and on September 18, • 2007, amended the proposed rule person required to be registered as a Use the Commission’s Internet change as described in Items I, II, and broker-dealer under the Act that is comment form (http://www.sec.gov/ physically located away from the Floor rules/sro.shtml); or III below, which Items have been • prepared primarily by Amex. The to act in this DK resolution capacity by Send an e-mail to rule- Commission is publishing this notice to means of telephone, e-mail, or fax [email protected]. Please include File solicit comments on the proposed rule submission. Number SR–Amex–2007–56 on the change from interested persons. Amex states that it believes that the subject line. proposed rule change is consistent with Paper Comments I. Self-Regulatory Organization’s Section 6 of the Act 2 in general and • Statement of the Terms of Substance of furthers the objectives of Section Send paper comments in triplicate the Proposed Rule Change 6(b)(5) 3 in particular because the rule to Nancy M. Morris, Secretary, Amex proposes to amend Rule 724 change is designed to prevent Securities and Exchange Commission, (‘‘Agents to Resolve DKs’’) and the fraudulent and manipulative acts and 100 F Street, NE., Washington, DC corresponding Commentary to require practices, promote just and equitable 20549–1090. each member to designate a principles of trade, foster cooperation All submissions should refer to File representative away from the Amex’s and coordination with persons engaged Number SR–Amex–2007–56. This file trading floor that is authorized to in facilitating transactions in securities, number should be included on the subject line if e-mail is used. To help the 7 17 CFR 200.30–3(a)(12). 2 15 U.S.C. 78f. Commission process and review your 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b)(5). comments more efficiently, please use

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only one method. The Commission will Exchange, Incorporated ( ‘‘Exchange’’ or in February 2006, have proven to be one post all comments on the Commission’s ‘‘CBOE’’) filed with the Securities and of the Exchange’s most successful new Internet Web site (http://www.sec.gov/ Exchange Commission (the products ever listed, currently averaging rules/sro.shtml). Copies of the ‘‘Commission’’) the proposed rule over 90,000 contracts traded per day. submission, all subsequent change as described in Items I, II, and The Exchange plans to introduce new amendments, all written statements III below, which Items have been volatility products and new volatility with respect to the proposed rule substantially prepared by the Exchange. indexes in the near future. One such change that are filed with the On September 19, 2007, CBOE filed index is the CBOE S&P 500 Three- Commission, and all written Amendment No. 1 to the proposed rule Month Volatility Index (‘‘VXV’’).3 communications relating to the change. The Commission is publishing Similar to the VIX, the VXV is a proposed rule change between the this notice to solicit comments on the measure of S&P 500 implied volatility— Commission and any person, other than proposed rule change, as amended, from the volatility implied by S&P option those that may be withheld from the interested persons. prices—but instead of reflecting a public in accordance with the constant 1-month implied volatility provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s period, VXV is designed to reflect the available for inspection and copying in Statement of the Terms of Substance of implied volatility of an option with a the Commission’s Public Reference the Proposed Rule Change constant 3 months to expiration. Since Room, 100 F Street, NE., Washington, The Exchange proposes to amend there is only one day on which an DC 20549, on official business days Rule 24.9(a)(2), Terms of Index Option option has exactly 3 months to between the hours of 10 a.m. and 3 p.m. Contracts, to allow the Exchange to list expiration, VXV is calculated as a Copies of such filing also will be up to seven expiration months for weighted average of options expiring available for inspection and copying at broad-based security index options immediately before and immediately Amex’s principal office and on Amex’s upon which the Exchange calculates a after the three-month standard. Web site (http://www.amex.com). All constant three-month volatility index. Accordingly, the Exchange would need comments received will be posted The Exchange also proposes to remove to use four consecutive expiration without change; the Commission does outdated rule text from Rule 24.9(a)(2). months in order to calculate a constant not edit personal identifying The text of the rule proposal is available three-month volatility index. information from submissions. You on the Exchange’s Web site (http:// Under the current application of should submit only information that www.cboe.org/legal), at the Exchange’s CBOE Rule 24.9(a)(2), the Exchange you wish to make available publicly. All Office of the Secretary, and at the generally lists three consecutive near submissions should refer to File Commission. term months and three months on a Number SR–Amex–2007–56 and should quarterly expiration cycle. One of the be submitted on or before November 6, II. Self-Regulatory Organization’s three consecutive near term months is 2007. Statement of the Purpose of, and always a quarterly month; however, that Statutory Basis for, the Proposed Rule near term contract month (which is also For the Commission by the Division of Change Market Regulation pursuant to delegated a quarterly month) is not included as authority.4 In its filing with the Commission, part of the three months listed on a Florence E. Harmon, CBOE included statements concerning quarterly expiration cycle. Therefore, in Deputy Secretary. the purpose of, and basis for, the order to permit the addition of four consecutive near term months under [FR Doc. E7–20363 Filed 10–15–07; 8:45 am] proposed rule change and discussed any current Rule 24.9(a)(2), the Exchange BILLING CODE 8011–01–P comments it received on the proposed rule change. The text of these statements would only be able to list two months may be examined at the places specified on a quarterly expiration cycle. Because SECURITIES AND EXCHANGE in Item IV below. CBOE has prepared of customer demand and other COMMISSION summaries, set forth in Sections A, B, investment strategy reasons for having and C below, of the most significant three months on a quarterly expiration [Release No. 34–56632; File No. SR–CBOE– aspects of such statements. cycle, the Exchange is seeking to 2007–82] increase, from six to seven, the number A. Self-Regulatory Organization’s of expiration months for broad-based Self-Regulatory Organizations; Statement of the Purpose of, and Chicago Board Options Exchange, security index options upon which the Statutory Basis for, the Proposed Rule Exchange calculates a constant three- Incorporated; Notice of Filing of a Change Proposed Rule Change as Modified by month volatility index. Amendment No. 1 Thereto To Allow the 1. Purpose Without this proposed rule change, if Exchange To List Up to Seven the Exchange calculated a three-month The purpose of this rule filing is to volatility using only three consecutive Expiration Months for Broad-Based amend Rule 24.9(a)(2), Terms of Index Security Index Options Upon Which near term months, this would result in Options, to allow the Exchange to list the VXV being calculated with options the Exchange Calculates a Constant up to seven expiration months for Three-Month Volatility Index expiring three months apart about one- broad-based security index options third of the time. Another one-third of October 9, 2007. upon which the Exchange calculates a the time, VXV would be calculated with Pursuant to Section 19(b)(1) of the constant three-month volatility index. options expiring two months apart. And Securities Exchange Act of 1934 Currently, Rule 24.9(a)(2) permits the the final one-third of the time, VXV (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Exchange to list only six expiration notice is hereby given that on July 17, months in any index options at any one 3 The Exchange calculates volatility indexes on 2007, the Chicago Board Options time. other broad-based security indexes, such as the Volatility products offer investors a Dow Jones Industrial Average index (‘‘DJX’’), the Nasdaq-100 index (‘‘NDX’’), and the Russell 2000 4 17 CFR 200.30–3(a)(12). unique set of tools for speculating and index (‘‘RUT’’). The Exchange may calculate a 1 15 U.S.C. 78s(b)(1). hedging. For example, CBOE Volatility constant three-month volatility index on DJX, NDX 2 17 CFR 240.19b–4. Index (‘‘VIX’’) options, first introduced or RUT in the future.

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would be calculated with options The proposed rule change will permit represents RUT contract months that expiring one month apart. As a result, the Exchange, eight times a year, to add will be listed under the current the calculation of the three-month VXV an additional seventh month in order to application of Rule 24.9(a)(2). maintain four consecutive near term under current Rule 24.9(a)(2) would Example 1: After September 2007 contract months. The following render the VXV subject to expiration, under the proposed rule change, examples illustrate the need for a inconsistencies that may make the index the Exchange will list January 2008 RUT seventh month in order to maintain four unattractive as an underlying for contracts in order to have four consecutive volatility products. consecutive near term contract months. near term contract months. In the following examples, ‘‘X’’

Consecutive near term months March quarterly expiration cycle 7th Month Oct 07 Nov 07 Dec 07 June Sept Mar 08 08 08

X ...... X X Jan 08...... X X X

Example 2: After October 2007 expiration, contracts in order to have four consecutive under the proposed rule change, the near term contract months. Exchange will list February 2008 RUT

Consecutive near term months March quarterly expiration cycle 7th Month Nov 07 Dec 07 Jan 07 June Sept Mar 08 08 08

X ...... X X Feb 08...... X X X

Example 3: After November 2007 will already be four consecutive near term expiration, the Exchange will not have to add contract months. a seventh RUT contract month because there

Consecutive near term months March quarterly expiration cycle 7th Month Dec 07 Jan 08 Feb 08 June Sept Mar 08 08 08

X ...... X X N/A...... X X X

Example 4: After December 2007 contracts in order to have four consecutive expiration cycle, the Exchange will list expiration, under the proposed rule change, near term contract months, and to maintain December 2008 RUT contracts. the Exchange will list April 2008 RUT three contract months on the March quarterly

Consecutive near term months March quarterly expiration cycle 7th Month Jan 08 Feb 08 Mar 08 June Sept 08 08 Dec 08

X ...... X X April 08...... X X X

Therefore, the Exchange believes that the increase, from six to seven, the expiration months is November 2004.4 the addition of a fourth consecutive number of expiration months for broad- This allowance has since expired and near-term month for broad-based based security indexes on which the should be deleted from the Exchange’s security index options upon which the Exchange calculates a constant three- Rulebook. Exchange calculates a constant three- month volatility index. month volatility index will result in a The Exchange also proposes to consistent calculation in which the remove outdated rule text from Rule option series that bracket three months 24.9(a)(2). Specifically, the Exchange 4 This provision was added in July 2004 in to expiration will always expire one response to customer demand for index options proposes to delete the provision that expiring in November 2004 to hedge positions in month apart. In order to accommodate permitted the Exchange to list up to stocks overlying particular index options or to the listing of a fourth consecutive near- seven expiration months at anyone time hedge market exposure to the equity markets term month and to maintain the listing for the SPX, MNX and DJX index option generally against the uncertainty presented by the of three months on a quarterly elections. See Securities Exchange Act Release No. contracts, provided that one of those 50063 (July 22, 2004), 69 FR 45357 (July 29, expiration cycle, the Exchange proposes 2004)(SR–CBOE–2004–49).

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Capacity (A) By order approve such proposed For the Commission, by the Division of rule change, or Market Regulation, pursuant to delegated CBOE has analyzed its capacity and 7 (B) Institute proceedings to determine authority. represents that it believes the Exchange whether the proposed rule change Florence E. Harmon, and the Options Price Reporting should be disapproved. Authority have the necessary systems Deputy Secretary. capacity to handle the additional traffic IV. Solicitation of Comments [FR Doc. E7–20361 Filed 10–15–07; 8:45 am] associated with the additional listing of Interested persons are invited to BILLING CODE 8011–01–P a seventh contract month in order to submit written data, views, and maintain four consecutive near term arguments concerning the foregoing, contract months for those broad-based including whether the proposed rule SECURITIES AND EXCHANGE security index options upon which the change is consistent with the Act. COMMISSION Exchange calculates a constant three- Comments may be submitted by any of [Release No. 34–56633; File No. SR–ISE– month volatility index. the following methods: 2007–60] 2. Statutory Basis Electronic Comments Self-Regulatory Organizations; Because the increase in the number of • Use the Commission’s Internet International Securities Exchange, expiration months is limited to broad- comment form (http://www.sec.gov/ LLC; Notice of Filing and Order based security indexes upon which the rules/sro.shtml); or Granting Accelerated Approval of a Exchange calculates a constant three- • Send an e-mail to rule- Proposed Rule Change, as Modified by month volatility and because the series [email protected]. Please include File Amendment No. 4 Thereto, Adopting could be added without presenting Number SR–CBOE–2007–82 on the Generic Listing Standards for capacity problems, the Exchange subject line. Exchange-Traded Funds Based on believes the rule proposal is consistent Paper Comments International or Global Indexes or with the Act and the rules and • Indexes Described in Exchange Rules regulations under the Act applicable to Send paper comments in triplicate Previously Approved by the a national securities exchange and, in to Nancy M. Morris, Secretary, Commission as Underlying particular, the requirements of Section Securities and Exchange Commission, Benchmarks for Derivative Securities 6(b) of the Act.5 Specifically, the 100 F Street, NE., Washington, DC Exchange believes that the proposed 20549–1090. October 9, 2007. rule change is consistent with the All submissions should refer to File Pursuant to Section 19(b)(1) of the Section 6(b)(5) Act 6 requirements that Number SR–CBOE–2007–82. This file Securities Exchange Act of 1934 the rules of an exchange be designed to number should be included on the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 promote just and equitable principles of subject line if e-mail is used. To help the notice is hereby given that on July 12, trade, to prevent fraudulent and Commission process and review your 2007, the International Securities manipulative acts and, in general, to comments more efficiently, please use Exchange, LLC (‘‘Exchange’’ or ‘‘ISE’’) protect investors and the public interest. only one method. The Commission will filed with the Securities and Exchange post all comments on the Commission’s Commission (‘‘Commission’’) the B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ proposed rule change as described in Statement on Burden on Competition rules/sro.shtml). Copies of the Items I and II below, which Items have CBOE does not believe that the submission, all subsequent been substantially prepared by the proposed rule change will impose any amendments, all written statements Exchange. On August 6, 2007, ISE burden on competition not necessary or with respect to the proposed rule submitted Amendment No. 1 to the appropriate in furtherance of purposes change that are filed with the proposed rule change. On August 7, of the Act. Commission, and all written 2007, ISE withdrew Amendment No. 1 communications relating to the and filed Amendment No. 2 to the C. Self-Regulatory Organization’s proposed rule change between the proposed rule change. On August 15, Statement on Comments on the Commission and any person, other than 2007, ISE filed Amendment No. 3 to the Proposed Rule Change Received From those that may be withheld from the proposed rule change, and on October 9, Members, Participants or Others public in accordance with the 2007, ISE filed Amendment No. 4 to the The Exchange neither solicited nor provisions of 5 U.S.C. 552, will be proposed rule change.3 This order received comments on the proposal. available for inspection and copying in provides notice of the proposal, as the Commission’s Public Reference amended, and approves the proposal on III. Date of Effectiveness of the Room, 100 F Street, NE., Washington, an accelerated basis. Proposed Rule Change and Timing for DC 20549, on official business days Commission Action I. Self-Regulatory Organization’s between the hours of 10 a.m. and 3 p.m. Statement of the Terms of Substance of Within 35 days of the date of Copies of such filing also will be the Proposed Rule Change publication of this notice in the Federal available for inspection and copying at Register or within such longer period (i) the principal office of CBOE. All ISE proposes to revise its Rule 2123 as the Commission may designate up to comments received will be posted to include generic listing standards for 90 days of such date if it finds such without change; the Commission does series of Investment Company Units longer period to be appropriate and not edit personal identifying (‘‘ICUs’’) that are based on U.S. indexes publishes its reasons for so finding or information from submissions. You or portfolios, international or global (ii) as to which the self-regulatory should submit only information that organization consents, the Commission you wish to make available publicly. All 7 17 CFR 200.30–3(a)(12). 1 will: submissions should refer to File 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. Number SR–CBOE–2007–82 and should 3 Amendment No. 4 replaces and supersedes the 5 15 U.S.C. 78f(b). be submitted on or before November 6, original rule filing and all previous amendments 6 15 U.S.C. 78f(b)(5). 2007. thereto.

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indexes or portfolios, or on indexes or change would enable the Exchange to NAV. When aggregated in the same portfolios described in proposed rule list and trade ETFs pursuant to Rule specified minimum number, ICUs and changes previously approved by the 19b–4(e) under the Act 5 if each of the PDRs must be redeemable by the issuer Commission under Section 19(b)(2) of conditions set forth in ISE Rules 2123 or for the securities and/or cash, with a the Act for the trading of ETFs, options, 2131, as applicable, is satisfied. Rule value equal to the next determined or other specified index-based 19b–4(e) provides that the listing and NAV. securities. Additionally, the Exchange trading of a new derivative securities To meet the investment objective of proposes to adopt ISE Rule 2131 to product by a self-regulatory organization providing investment returns that allow for the listing and trading of (‘‘SRO’’) shall not be deemed a proposed correspond to the price and the Portfolio Depositary Receipts (‘‘PDRs’’) 4 rule change, pursuant to paragraph dividend and yield performance of the that are based on U.S. indexes or (c)(1) of Rule 19b–4,6 if the Commission underlying index, an ETF may use a portfolios, international or global has approved, pursuant to Section 19(b) ‘‘replication’’ strategy or a indexes or portfolios, or on indexes or of the Act, the SRO’s trading rules, ‘‘representative sampling’’ strategy with portfolios previously approved by the procedures, and listing standards for the respect to the ETF portfolio.10 Commission under Section 19(b)(2) of product class that would include the An ETF using a replication strategy the Act for the trading of ETFs, options, new derivatives securities product, and invests in each stock of the underlying or other specified index-based the SRO has a surveillance program for index in about the same proportion as securities. Further, the Exchange the product class.7 The Commission has that stock is represented in the index proposes to modify subsection (c)(4) of approved similar proposals by other itself. An ETF using a representative ISE Rule 2123 to eliminate the exchanges.8 sampling strategy generally invests in a requirement that the calculation significant number, but not all of the a. Background on ETFs methodology for the index underlying a component securities of the underlying series of ICUs be one of those Currently, ISE Rule 2123 provides index, and will hold stocks that, in the enumerated in subsection (c)(4). The standards for the listing of ICUs on the aggregate, are intended to approximate text of the proposed rule change is Exchange. ICUs are securities issued by the full index in terms of key available at ISE, on ISE’s Web site a unit investment trust, an open-end characteristics, such as price/earnings (http://www.ise.com), and from the management investment company ratio, earnings growth, and dividend Commission’s Public Reference Room. (‘‘open-end mutual fund’’) registered yield. under the Investment Company Act of In addition, an ETF portfolio may be II. Self-Regulatory Organization’s 1940 9 (‘‘1940 Act’’), or similar entity adjusted in accordance with changes in Statement of the Purpose of, and based on a portfolio of securities the composition of the underlying index Statutory Basis for, the Proposed Rule (including fixed income securities) that or to maintain compliance with Change seeks to provide investment results that requirements applicable to a regulated In its filing with the Commission, ISE correspond generally to the price and investment company under the Internal included statements concerning the yield performance of an index or Revenue Code (‘‘IRC’’).11 purpose of, and basis for, the proposed portfolio of securities. The net asset ETFs listed pursuant to these rule change and discussed any value (‘‘NAV’’) is calculated once a day proposed generic listing standards comments it received on the proposed after the close of the regular trading day. (discussed below) or that are traded rule change. The text of these statements Proposed ISE 2131 allows for the listing pursuant to unlisted trading privileges may be examined at the places specified and trading of PDRs on the Exchange. (‘‘UTP’’) would be traded, in all other in Item III below. ISE has prepared PDRs represent securities based on a respects, under the Exchange’s existing summaries, set forth in Sections A, B, unit investment trust that holds the trading rules and procedures that apply and C below, of the most significant securities that comprise an index or to ETFs, and would be covered under aspects of such statements. portfolio underlying a series of PDRs. the Exchange’s surveillance program for Pursuant to ISE Rules 2123 and 2131, A. Self-Regulatory Organization’s equities. The Exchange represents that ICUs and PDRs must be issued in a Statement of the Purpose of, and its surveillance procedures are adequate specified aggregate minimum number in Statutory Basis for, the Proposed Rule to properly monitor the trading of ETFs return for a deposit of specified Change listed pursuant to the proposed new securities and/or a cash amount, with a listing standards or traded pursuant to 1. Purpose value equal to the next determined UTP. In addition, the Exchange has a The Exchange proposes to revise its general policy prohibiting the 5 17 CRF 240.19b–4(e). dissemination of material, non-public Rule 2123 and adopt ISE Rule 2131 to 6 include generic listing standards for 17 CFR 240.19b–4(c)(1). information by its employees. 7 When relying on Rule 19b–4(e), the SRO must series of ICUs and PDRs that are based submit Form 19b–4(e) to the Commission within The Exchange believes that adopting on U.S. indexes or portfolios, five business days after the exchange begins trading generic listing standards and applying international or global indexes or the new derivative securities products. See 17 CFR Rule 19b–4(e) should fulfill the portfolios, or on indexes or portfolios 240.19b–4(e)(2)(ii). intended objective of that rule by 8 See Securities Exchange Act Release No. 55621 described in rules previously approved (April 12, 2007), 72 FR 19571 (April 18, 2007) (SR– by the Commission under Section NYSEArca–2006–86); Securities Exchange Act 10 In either case, an ETF, by its terms, may be 19(b)(2) of the Act for the trading of Release No. 55269 (February 9, 2007), 72 FR 7490 considered invested in the securities of the ETFs, options, or other specified index- (February 15, 2007) (SR–Nasdaq–2006–050); underlying index to the extent the ETF invests in Securities Exchange Act Release No. 55113 (January sponsored American Depository Receipts (‘‘ADRs’’), based securities. Additionally, proposed 17, 2007), 72 FR 3179 (January 24, 2007) (SR– Global Depository Receipts (‘‘GDRs’’), or European ISE Rule 2131 includes generic listing NYSE–2006–101); Securities Exchange Act Release Depository Receipts (‘‘EDRs’’) that trade on standards for PDRs based on an index or No. 54739 (November 9, 2006), 71 FR 66993 exchanges with last-sale reporting representing portfolio that consists of stocks listed on (November 17, 2006) (SR–Amex–2006–78); securities in the underlying index. Securities Exchange Act Release No. 44532 (July 10, 11 For an ETF to qualify for tax treatment as a U.S. exchanges. This proposed rule 2001), 66 FR 37078 (July 19, 2001) (SR–Amex– regulated investment company, it must meet several 2001–25) (modifying generic listing standards for requirements under the IRC, including 4 ICUs and PDRs are referred to collectively as PDRs). requirements with respect to the nature and value ‘‘ETFs.’’ 9 15 U.S.C. 80a. of the ETF’s assets.

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allowing those ETFs that satisfy the under the Act (.01(a)(1)(v) of the that: (a) is not organized, domiciled, or proposed generic listing standards to Supplementary Material to Rule 2131). incorporated in the United States; and commence trading, without the need for (b) is an operating company (including c. Proposed Listing and Trading a public comment period and a real estate investment trust (REIT) or Requirements for ETFs Based on income trust, but excluding an Commission approval. The proposed International or Global Indexes or investment trust, unit trust, mutual rules have the potential to reduce the Portfolios time frame for bringing ETFs to market, fund, or derivative). This definition is thereby reducing the burdens on issuers To list an ICU or PDR pursuant to the designed to create a category of and other market participants. The proposed generic listing standards for component stocks that are issued by failure of a particular index or portfolio international and global indexes or companies that are not based in the to comply with the proposed generic portfolios, the index or portfolio United States, but are not subject to listing standards under Rule 19b–4(e) underlying the ETF must satisfy all the oversight through Commission would not, however, preclude the conditions contained in proposed ISE registration, and would include Exchange from submitting a separate Rule 2123(c)(2)(ii) or (iii) and .01(a)(2) sponsored GDRs and EDRs. A ‘‘U.S. filing pursuant to Section 19(b)(2) or (3) of the Supplementary Material to Component Stock’’ would mean an requesting Commission approval to list proposed ISE Rule 2131, respectively. equity security that is registered under and trade an ETF based on that index or However, for ICUs and PDRs traded on Section 12(b) or 12(g) of the Act or an portfolio. the Exchange pursuant to UTP, only the ADR, the underlying equity security of provisions of proposed ISE Rules which is registered under Section 12(b) b. Proposed Generic Listing Standards 2123(c)(3), (c)(5), (e), (f), and (i); 2131(c) or 12(g) of the Act. for PDRs Based on U.S. Stocks and (e)(2)(ii); and .01(c), (e), (f), and (g) An ADR with an underlying equity The Commission has previously of Supplementary Material to proposed security that is registered pursuant to approved generic listing standards for ISE Rule 2131, respectively, will apply. the Act is considered a U.S. Component ETFs based on indexes or portfolios that These paragraphs relate to the Stock because the issuer of that consist of stocks listed on U.S. dissemination of information, underlying security is subject to exchanges.12 Proposed Rule 2131 sets surveillance procedures, trading halts, Commission jurisdiction and must forth generic listing standards for PDRs prospectus delivery, trading hours, and comply with Commission rules. The based on an index or portfolio of U.S. minimum price variation. Exchange proposes that, to list an ETF Component Stocks, which shall meet As with the existing generic listing based on an international or global the following criteria: standards for ETFs based on domestic index or portfolio pursuant to the • Component stocks that in the indexes or portfolios, these generic generic listing standards, such index or aggregate account for at least 90% of the listing standards for international and portfolio must meet the following weight of the index or portfolio each global indexes or portfolios are intended criteria: • shall have a minimum market value of to ensure that stocks with substantial Component stocks that in the at least $75 million (.01(a)(1)(i) of the market capitalization and trading aggregate account for at least 90% of the Supplementary Material to Rule 2131); volume account for a substantial portion weight of the index or portfolio each • Component stocks that in the of the weight of an index or portfolio. must have a minimum market value of aggregate account for at least 90% of the While the standards in this proposal are at least $100 million (proposed ISE Rule weight of the index or portfolio each based on the standards contained in the 2123(c)(2)(ii)(A) and .01(a)(2)(i) of the shall have a minimum monthly trading current generic listing standards for Supplementary Material to proposed ETFs based on domestic indexes or ISE Rule 2131); volume during each of the last six • months of at least 250,000 shares portfolios, they have been adapted as Component stocks representing at (.01(a)(1)(ii) of the Supplementary appropriate to apply to international least 90% of the weight of the index or Material to Rule 2131); and global indexes or portfolios. The portfolio each must have a minimum • The most heavily weighted proposed criteria for the underlying worldwide monthly trading volume component stock shall not exceed 25% component securities in the during each of the last six months of at of the weight of the index or portfolio, international and global indexes are least 250,000 shares (proposed ISE Rule and the five most heavily weighted similar to those for the domestic indexes 2123(c)(2)(ii)(B) and .01(a)(2)(ii) of the component stocks shall not exceed 65% or portfolios, but with modifications for Supplementary Material to proposed the issues and risks associated with ISE Rule 2131); of the weight of the index or portfolio • (.01(a)(1)(iii) of the Supplementary non-U.S. securities. In addition, the The most heavily weighted Material to Rule 2131); Commission has previously approved component stock may not exceed 25% • The index or portfolio shall include similar generic listing standards as those of the weight of the index or portfolio a minimum of 13 component stocks proposed in this filing.13 and the five most heavily weighted (.01(a)(1)(iv) of the Supplementary ISE Rules 2123(b) and 2131(a) would component stocks may not exceed 60% Material to Rule 2131); and include definitions of ‘‘U.S. Component of the weight of the index or portfolio • All securities in the index or Stock’’ and ‘‘Non-U.S. Component (proposed ISE Rule 2123(c)(2)(ii)(C) and portfolio shall be U.S. Component Stock.’’ These new definitions would .01(a)(2)(iii) of the Supplementary provide the basis for the standards for Material to proposed ISE Rule 2131); Stocks listed on a national securities • exchange and shall be NMS stocks as indexes or portfolios with either The index or portfolio shall include defined in Rule 600 of Regulation NMS domestic or international stocks, or a a minimum of 20 component stocks combination of both. A ‘‘Non-U.S. (proposed ISE Rule 2123(c)(2)(ii)(D) and 12 See ISE Rule 2123; Securities Exchange Act Component Stock’’ would mean an .01(a)(2)(iv) of the Supplementary Release No. 54528 (September 28, 2006), 71 FR equity security that is not registered Material to proposed ISE Rule 2131); 58650 (October 4, 2006) (SR–ISE–2006–48) under Section 12(b) or 12(g) of the and (approving generic listing standards for ICUs); Act,14 and that is issued by an entity • Each U.S. Component Stock in the Securities Exchange Act Release No. 44532 (July 10, 2001), 66 FR 37078 (July 19, 2001) (SR–Amex– index or portfolio must be listed on a 2001–25) (modifying generic listing standards for 13 See supra note 8. national securities exchange and be an PDRs). 14 15 U.S.C. 78l(b) or (g). NMS stock as defined in Rule 600 of

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Regulation NMS under the Act, and each Non-U.S. Component Stock provisions of the 1940 Act 16 for the ETF each Non-U.S. Component Stock in the included in the index or portfolio be being listed pursuant to these new index or portfolio must be listed on an listed and traded on an exchange that standards state that the ETF must exchange that has last-sale reporting has last-sale reporting. comply with the federal securities laws (proposed ISE Rule 2123(b)(2)(ii)(E) and The Exchange also proposes to modify in accepting securities for deposits and .01(a)(2)(v) of the Supplementary ISE Rule 2123(c)(3) and to adopt satisfying redemptions with redemption Material to proposed ISE Rule 2131). .01(b)(2) of the Supplementary Material securities, including that the securities The Exchange believes that these to proposed ISE Rule 2131 to require accepted for deposits and the securities proposed standards are reasonable for that the index value for an ETF listed used to satisfy redemption requests are international and global indexes and pursuant to the proposed standards for sold in transactions that would be portfolios and, when applied in international and global indexes be exempt from registration under the conjunction with the other listing widely disseminated by one or more Securities Act of 1933.17 requirements, would result in the listing major market data vendors at least every and trading on the Exchange of ETFs 60 seconds during the time when the d. Proposed Listing and Trading that are sufficiently broad-based in ETF shares trade on the Exchange. If the Requirements for ETFs Based on scope and not readily susceptible to index value does not change during Indexes or Portfolios Described in a manipulation. The Exchange also some or all of the period when trading Previously Approved Rule believes that the proposed standards is occurring on the Exchange, the last The Commission has approved would result in ETFs that are adequately official calculated index value must generic listing standards providing for diversified in weighting for any single remain available throughout Exchange the listing pursuant to Rule 19b–4(e) of security or small group of securities to trading hours. In contrast, the index other derivative securities products significantly reduce concerns that value for an ETF listed pursuant to the based on indexes or portfolios described trading in an ETF based on an existing standards for domestic indexes in rules previously approved by the international or global index or portfolio must be disseminated at least every 15 Commission under Section 19(b)(2) of could become a surrogate for the trading seconds during the trading day. This the Act. The Exchange proposes to add of securities not registered in the United modification reflects limitations, in generic listing standards for ETFs that States. some instances, on the frequency of are based on such indexes or portfolios. The Exchange further notes that, intra-day trading information with The Exchange believes that the while these standards are similar to respect to Non-U.S. Component Stocks application of this standard to ETFs is those for indexes and portfolios that and that, in many cases, trading hours appropriate because the underlying include only U.S. Component Stocks, for overseas markets overlap only in index or portfolio would have been they differ in certain important respects part, or not at all, with Exchange’s subject to Commission review in the and are generally more restrictive, trading hours. context of the approval of those other reflecting greater concerns over portfolio In addition, ISE Rule 2123(c)(3) is proposed rule changes. diversification with respect to ETFs being modified and .01(c) of the This new generic listing standard investing in components that are not Supplementary Material to proposed would be limited to stock indexes and individually registered with the ISE Rule 2131 is being adopted to define portfolios and would require that each Commission. First, in the proposed the term ‘‘Intraday Indicative Value’’ component stock be either: (a) a U.S. standards, component stocks that in the (‘‘IIV’’) as the estimate of the value of a Component Stock that is listed on a aggregate account for at least 90% of the share of each ETF that is updated at national securities exchange and is an weight of the index or portfolio each least every 15 seconds during ISE’s NMS stock as defined in Rule 600 of shall have a minimum market value of trading hours. The Exchange also Regulation NMS under the Act; or (b) a at least $100 million, compared to a proposes to clarify in ISE Rule Non-U.S. Component Stock that is listed minimum market value of at least $75 2123(c)(3) that the IIV would be updated and traded on an exchange that has last- million for indexes with only U.S. during the hours the ETF trades on the sale reporting. 15 Exchange to reflect changes in the Component Stocks. Second, in the e. Other Proposals proposed standards, the most heavily exchange rate between the U.S. dollar weighted component stock cannot and the currency in which any The Exchange is proposing to delete exceed 25% of the weight of the index component stock is denominated. general language addressing the or portfolio, in contrast to a 30% The Exchange is also proposing to add applicability of trading halts, which standard for an index or portfolio an ISE Rule 2123(c)(6) and .01(h) of the appears in ISE Rule 2123(b)(3), and to comprised of only U.S. Component Supplemental Material to proposed ISE add a paragraph (e) to ISE Rule 2123 to Stocks. Third, in the proposed Rule 2131 regarding the creation and more thoroughly address trading halts. standards, the five most heavily redemption process for ETFs and The Exchange is also adopting ISE Rule weighted component stocks shall not compliance with federal securities laws 2131(e)(2)(ii) to address trading halts in exceed 60% of the weight of the index for, in particular, ETFs listed pursuant PDRs. Specifically, proposed Rule or portfolio, compared to a 65% to the new generic listing standards for 2123(e) and 2131(e)(2)(ii) require the standard for indexes comprised of only international and global indexes or Exchange to halt trading in a series of U.S. Component Stocks. Fourth, the portfolios described in rules previously ICUs or PDRs (as applicable) whenever approved by the Commission under minimum number of component stocks a market-wide trading halt has been Section 19(b)(2) of the Act. These new in the proposed standards is 20, in implemented in response to provisions would apply to ICUs listed contrast to a minimum of 13 in the extraordinary market conditions. In pursuant to ISE Rule 2123(c)(2)(ii) or standards for an index or portfolio with exercising its discretion to halt or (iii) or PDRs listed pursuant to .01(a)(2) only U.S. Component Stocks. Finally, suspend trading in a series of ETFs, the and (3) of the Supplementary Material the proposed standards require that Exchange may consider factors such as to proposed ISE Rule 2131, respectively. the extent to which trading in the 15 Market value is calculated by multiplying the These new standards would require that total shares outstanding by the price per share of the statutory prospectus or the 16 15 U.S.C. 80a. the component stock. application for exemption from 17 15 U.S.C. 77a. et seq.

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underlying securities is not occurring or The Exchange is proposing other Electronic Comments whether other unusual conditions or minor and clarifying changes to ISE • Use the Commission’s Internet circumstances detrimental to the Rule 2123. ISE Rule 2123(c)(2)(i)(E) has comment form (http://www.sec.gov/ maintenance of a fair and orderly been modified to reflect the adoption of rules/sro.shtml); or market are present, in addition to other Regulation NMS. Proposed Rule 2123(c) • Send an e-mail to rule- factors that may be relevant. When the has been added to make sure that an [email protected]. Please include File Exchange is the listing market for a entity that advises an index provider or Number SR–ISE–2007–60 on the subject series of ETFs, if the IIV or the official calculator and related entities has in line. index value applicable to that ETF place procedures designed to prevent series is not being disseminated as the use and dissemination of material Paper Comments required, the Exchange may halt trading non-public information regarding the • Send paper comments in triplicate during the day in which the index underlying the ETFs. to Nancy M. Morris, Secretary, interruption to the dissemination of the Additionally, the Exchange is Securities and Exchange Commission, IIV or the index value occurs. If the proposing to amend Appendix A to 100 F Street, NE., Washington, DC interruption to the dissemination of the Chapter 21 (ISE Stock Exchange, LLC 20549–1090. IIV or the official index value persists Trading Rules) to include reference to All submissions should refer to File past the trading day in which it ISE Rules 702 (Trading Halts) and 703 Number SR–ISE–2007–60. This file occurred, the Exchange will halt trading (Trading Halts Due to Extraordinary number should be included on the no later than the beginning of the Market Volatility) to clarify that both of subject line if e-mail is used. To help the trading day following the interruption. these rules apply to securities traded on Commission process and review your When the Exchange is trading a series the ISE Stock Exchange. comments more efficiently, please use of an ETF pursuant to UTP, the only one method. The Commission will Exchange will immediately halt trading 2. Statutory Basis post all comments on the Commission’s Internet Web site (http://www.sec.gov/ in that ETF series if a temporary The basis under the Act for this rules/sro.shtml). Copies of the interruption occurs in the calculation or proposed rule change is found in submission, all subsequent wide dissemination of the applicable IIV Section 6(b)(5) of the Act.19 The amendments, all written statements or value of the underlying index by a Exchange believes that the proposed with respect to the proposed rule major market data vendor and the listing rule change is consistent with Section change that are filed with the market halts trading in such ETF series. 6(b)(5) requirements that the rules of an Commission, and all written Further, if the IIV or the value of the exchange be designed to promote just communications relating to the underlying index continues not to be and equitable principles of trade, to proposed rule change between the calculated or widely available as of the remove impediments to and perfect the Commission and any person, other than next business day, the Exchange will mechanism of a free and open market those that may be withheld from the not begin trading in that series of ETFs. and a national market system, and, in public in accordance with the If an interruption in the calculation or general, to protect investors and the provisions of 5 U.S.C. 552, will be wide dissemination of the IIV or the public interest. value of the underlying index continues, available for inspection and copying in the Exchange may resume trading in the B. Self-Regulatory Organization’s the Commission’s Public Reference ETF series only if calculation and wide Statement on Burden on Competition Room, 100 F Street, NE., Washington, dissemination of the IIV or the value of DC 20549, on official business days the underlying index resumes or trading The proposed rule change does not between the hours of 10 a.m. and 3 p.m. in such series resumes in the listing impose any burden on competition that Copies of such filing also will be market. is not necessary or appropriate in available for inspection and copying at furtherance of the purposes of the Act. The Exchange proposes to adopt ISE the principal office of ISE. All Rule 2131(f) to limit its liability with C. Self-Regulatory Organization’s comments received will be posted respect to the dissemination of Statement on Comments on the without change; the Commission does information related to PDRs. ISE already Proposed Rule Change Received From not edit personal identifying has in place a similar provision in ISE Members, Participants or Others information from submissions. You Rule 2123(e). Further, proposed ISE should submit only information that Rule 2131(f) is identical to NYSE Arca The Exchange has not solicited, and you wish to make available publicly. All Rule 8.100(f) (Limitation of Liability of does not intend to solicit, comments on submissions should refer to File the Corporation). this proposed rule change. The Number SR–ISE–2007–60 and should be submitted on or before November 6, The Exchange also proposes to Exchange has not received any 2007. eliminate the requirement that the unsolicited written comments from prescribed calculation methodology for members or other interested parties. IV. Commission’s Findings and Order the index underlying a series of ICUs III. Solicitation of Comments Granting Accelerated Approval of the must be one of those enumerated in the Proposed Rule Change ISE Rule 2123(c)(4). The proposed rule Interested persons are invited to After careful review, the Commission change is based on approved rule submit written data, views, and finds that the proposed rule change, as changes of the Amex, NYSE, and NYSE arguments concerning the foregoing, amended, is consistent with the 18 Arca. including whether the proposed rule requirements of the Act and the rules change is consistent with the Act. and regulations thereunder applicable to 18 See Securities Exchange Act Release No. 55546 Comments may be submitted by any of a national securities exchange.20 In (March 27, 2007), 72 FR 15929 (April 3, 2007) (SR– the following methods: NYSEArca–2007–14) (approving the elimination of the requirement regarding index weighting and 20 In approving this rule change, the Commission calculation methodology); Securities Exchange Act Exchange Act Release No. 55544 (March 27, 2007), notes that it has considered the proposed rule’s Release No. 55545 (March 27, 2007), 72 FR 15928 72 FR 15923 (April 3, 2007) (SR–Amex–2007–07). impact on efficiency, competition, and capital (April 3, 2007) (SR–NYSE–2007–12); Securities 19 15 U.S.C. 78f(b)(5). formation. See 15 U.S.C. 78c(f).

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particular, the Commission finds that similar to those proposed here by ISE.25 order, provided that: (1) Each of the the proposal is consistent with Section This proposal does not appear to raise securities comprising the underlying 6(b)(5) of the Act 21 in that it is designed any novel regulatory issues. Therefore, index is (a) a U.S. Component Stock to prevent fraudulent and manipulative the Commission finds that ISE’s listed on a national securities exchange, acts and practices, to promote just and proposal is consistent with the Act on and an NMS stock, as that term is equitable principles of trade, to foster the same basis that it approved the other defined by Rule 600 of Regulation NMS; cooperation and coordination with exchanges’ generic listing standards for or (b) a Non-U.S. Component Stock that persons engaged in facilitating ETFs based on U.S. component stocks, is listed and traded on an exchange that transactions in securities, to remove international or global indexes or has last-sale reporting; and (2) ISE impediments to and perfect the portfolios, and indexes or portfolios complies with the commitments mechanism of a free and open market described in exchange rules that have undertaken by the other SRO set forth and a national market system, and, in been previously approved by the in the prior order, including any general, to protect investors and the Commission as underlying benchmarks surveillance-sharing and information public interest. for derivative securities. dissemination. Proposed ISE Rule 2123(c) and .01(a) Currently, the Exchange must file a The Commission believes that ISE’s of the Supplementary Material to proposal is consistent with Section proposed rule change with the proposed ISE Rule 2131 establish 11A(a)(1)(C)(iii) of the Act,26 which sets Commission pursuant to Section standards for the composition of an forth Congress’ finding that it is in the 19(b)(1) of the Act 22 and Rule 19b–4 index or portfolio underlying an ETF public interest and appropriate for the thereunder 23 to list and trade, or trade that may be listed or traded on ISE. protection of investors and the pursuant to UTP, any ETF based on an These requirements are designed, maintenance of fair and orderly markets index or portfolio comprised of foreign among other things, to require that to assure the availability to brokers, securities. The Exchange also must file components of an index or portfolio dealers, and investors of information a proposed rule change to list and trade, underlying the ETF are adequately with respect to quotations for and or trade pursuant to UTP, ETFs based on capitalized and sufficiently liquid, and transactions in securities. ISE’s proposal indexes or portfolios described in rule that no one security dominates the requires the value of the index or changes that have previously been index. The Commission believes that, portfolio underlying an ETF based on a approved by the Commission as taken together, these standards are global or international index to be underlying benchmarks for derivative reasonably designed to ensure that disseminated at least once every 60 securities. However, Rule 19b–4(e) securities with substantial market seconds during the time when the ETF provides that the listing or trading of a capitalization and trading volume shares trade on the Exchange.27 ISE has new derivative securities product by an account for a substantial portion of any represented that, if an underlying index SRO will not be deemed a proposed rule underlying index or portfolio, and when or portfolio value is no longer calculated change pursuant to Rule 19b–4(c)(1) if applied in conjunction with the other or available, it would commence the Commission has approved, pursuant applicable listing requirements will delisting proceedings for the associated to Section 19(b) of the Act, the SRO’s permit the listing and trading of only ETF. trading rules, procedures, and listing ETFs that are sufficiently broad-based in In addition, an IIV, which represents standards for the product class that scope to minimize potential an estimate of the value of a share of would include the new derivative manipulation. The Commission further each ETF, must be updated and believes that the proposed listing securities product, and the SRO has a disseminated at least once every 15 standards are reasonably designed to surveillance program for the product seconds during trading hours for the preclude ISE from listing and trading class. ISE’s proposed rules for the listing ETF on the Exchange. The IIV must ETFs that might be used as surrogate for and trading of ETFs pursuant to Rule reflect changes in the exchange rate trading in unregistered securities. The 19b–4(e) based on (1) certain indexes or between the U.S. dollar and the requirement that each component portfolios with components that include currency in which any index or security underlying an ETF be an NMS foreign securities or (2) indexes or portfolio component stock is stock (in the case of a U.S. Component portfolios described in exchange rules denominated. The Commission believes Stock) or listed on an exchange and that have been previously approved by that the proposed rules regarding the subject to last-sale reporting (in the case the Commission as underlying dissemination of the index value and benchmarks for derivative securities, of a Non-U.S. Component Stock) also should contribute to the transparency of the IIV are reasonably designed to fulfill these requirements. Use of Rule promote transparency in the pricing of 19b–4(e) by ISE to list and trade such the market for these ETFs. The proposed generic listing ETFs and thus are consistent with the ETFs should promote competition, standards will permit ISE to list and Act. reduce burdens on issuers and other trade an ETF if the Commission has The Commission believes that the market participants, and make such previously approved an SRO rule proposed rules are reasonably designed ETFs available to investors more to promote fair disclosure of 24 change that contemplates listing and quickly. trading a derivative product based on information that may be necessary to The Commission previously has the same underlying index. ISE would price an ETF appropriately. These approved generic listing standards for be able to rely on that earlier approval generic listing standards provide that other exchanges that are substantially 26 25 See, e.g., Securities Exchange Act Release No. 15 U.S.C. 78k–1(a)(1)(C)(iii). 27 See proposed ISE Rule 2123(c)(3) and .01(b)(2) 21 55621 (April 12, 2007), 72 FR 19571 (April 18, 15 U.S.C. 78f(b)(5). to the Supplemental Material to proposed ISE Rule 22 2007) (SR–NYSEArca–2006–86); Securities 15 U.S.C. 78s(b)(1). Exchange Act Release No. 55269 (February 9, 2007), 2131. If an index or portfolio value does not change 23 17 CFR 240.19b–4. 72 FR 19571 (February 15, 2007) (SR–NASDAQ– for some of the time that the ETF trades on the 24 The Commission notes, however, that the 2006–50); Securities Exchange Act Release No. Exchange, the last official calculated value must failure of a particular ETF to meet these generic 55113 (January 17, 2007), 72 FR 3179 (January 24, remain available throughout Exchange trading listing standards would not preclude ISE from 2007) (SR–NYSE–2006–101); Securities Exchange hours. See proposed ISE Rule 2123(c)(3) and .01(c) submitting a separate proposed rule change to list Act Release No. 54739 (November 9, 2006), 71 FR to the Supplemental Material to proposed ISE Rule and trade the ETF. 66993 (November 17, 2007) (SR–Amex-2006–78). 2131.

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the issuer of an ETF must represent that proposed rule change (SR–ISE–2007– II. Self-Regulatory Organization’s it will calculate the NAV and make it 60), as amended, be, and it hereby is, Statement of the Purpose of, and available daily to all market participants approved on an accelerated basis. Statutory Basis for, the Proposed Rule 28 at the same time. For the Commission, by the Division of Change The Commission believes that the Market Regulation, pursuant to delegated In its filing with the Commission, the proposal is reasonably designed to authority.33 Exchange included statements preclude trading of ETFs when concerning the purpose of, and basis for, transparency is impaired. Proposed ISE Florence E. Harmon, Deputy Secretary. the proposed rule change and discussed Rules 2123(e) and 2131(e)(2)(ii) provide any comments it received on the that, when ISE is the listing market, ISE [FR Doc. E7–20360 Filed 10–15–07; 8:45 am] proposed rule change. The text of these may halt trading when an interruption BILLING CODE 8011–01–P statements may be examined at the occurs in the calculation or places specified in Item III below. The dissemination of the IIV or index value Exchange has prepared summaries, set applicable to an ETF. If the interruption SECURITIES AND EXCHANGE forth in sections A, B, and C below, of continues, ISE would halt trading no COMMISSION the most significant aspects of such later than the beginning of the next statements. trading day. In addition, proposed ISE [Release No. 34–56647; File No. SR–ISE– Rules 2123(e) and 2131(e)(2)(ii) set forth 2007–80] A. Self-Regulatory Organization’s trading halt procedures when ISE trades Statement of the Purpose of, and the ETF pursuant to UTP. This rule is Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule substantially similar to those recently International Securities Exchange, Change adopted by other exchanges and found LLC; Notice of Filing and Order 1. Purpose by the Commission to be consistent with Granting Accelerated Approval of the Act.29 Proposed Rule Change and The purpose of this proposed rule change is to revise the Exchange’s In approving this proposal, the Amendment No. 1 Thereto Relating to options listing standards so that, as long Commission relied on ISE’s Options Listing Criteria for Underlying as the options maintenance listing representation that its surveillance Securities procedures are adequate to properly standards set forth in ISE Rule 503 are monitor the trading of the ETFs listed October 11, 2007. met and the option is listed and traded pursuant to the proposed new listing on another national securities exchange, Pursuant to section 19(b)(1) of the the ISE would be able to list and trade standards or traded on a UTP basis. Securities Exchange Act of 1934 (the The Commission finds good cause for the option. ISE Rule 502 sets forth the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 approving the proposed rule change, as requirements that an underlying equity amended, prior to the 30th day after the notice is hereby given that on security must meet before the Exchange date of publication of the notice of filing September 4, 2007, the International may initially list options on that thereof in the Federal Register. The Securities Exchange, LLC (the security. The ISE notes that these Commission notes that ISE’s proposal is ‘‘Exchange’’ or the ‘‘ISE’’) filed with the requirements are uniform among the substantially similar to other proposals Securities and Exchange Commission options exchanges. that have been approved by the (the ‘‘Commission’’) the proposed rule ISE Rule 502(b)(5) relates to the Commission.30 The Commission does change, as described in Items I, II, and minimum market price that an not believe that ISE’s proposal raises III below, which items have been underlying security must trade at for an any novel regulatory issues and, substantially prepared by the Exchange. option to be listed on it and applies to therefore, that good cause exists for On October 5, 2007, the Exchange filed the listing of individual equity options approving the filing before the Amendment No. 1 to the proposed rule on both ‘‘covered’’ and ‘‘uncovered’’ conclusion of a notice-and-comment change. The Commission is publishing underlying securities.3 In the case of an period. Accelerated approval of the this notice to solicit comments on the underlying security that is a ‘‘covered proposal will expedite the listing and proposed rule change, as amended, from security,’’ as defined under section trading of additional ETFs by ISE, interested persons. 18(b)(1)(A) of the 1933 Act, the closing market price of the underlying security subject to consistent and reasonable I. Self-Regulatory Organization’s must be at least $3 per share for the five standards. Therefore, the Commission Statement of the Terms of Substance of (5) previous consecutive business days finds good cause, consistent with the Proposed Rule Change Section 19(b)(2) of the Act,31 to approve prior to the date on which the ISE the proposed rule change, as amended, The ISE proposes to amend ISE Rule submits an option class certification to on an accelerated basis. 502(b)(5) and add subparagraph (6) to The Options Clearing Corporation. In connection with underlying securities V. Conclusion ISE Rule 502(b) for the purpose of permitting the Exchange to list and deemed to be ‘‘uncovered,’’ Exchange It is therefore ordered, pursuant to trade individual equity options that are rules require that such underlying Section 19(b)(2) of the Act,32 that the otherwise ineligible for listing and security be at least $7.50 for the majority trading if such option is listed and of business days during the three (3) 28 See proposed ISE Rules 2123(a)(6) and traded on another national securities calendar months preceding the date of 2131(e)(1)(ii). selection for such listing. In addition, an 29 See NYSE Arca Equities Rule 7.34; NYSE Rule exchange. The text of the proposed rule 1100(f)(2); Securities Exchange Act Release No. change is available at the Exchange, the 3 Section 18(b)(1)(A) of the Securities Act of 1933 55113 (January 17, 2007), 72 FR 3179 (January 24, Commission’s Public Reference Room, (‘‘1933 Act’’) provides that, ‘‘[a] security is a 2007) (SR–NYSE–2006–101); Securities Exchange and http://www.ise.com/webform/ covered security if such security is listed, or Act Release No. 54997 (December 21, 2006), 71 FR authorized for listing, on the New York Stock 78501 (December 29, 2006) (SR–NYSEArca-2006– homeDefault.aspx. Exchange or the American Stock Exchange, or 77). listed, or authorized for listing, on the National 30 See supra notes 8 and 12. 33 17 CFR 200.30–3(a)(12). Market System of the Nasdaq Stock Market (or any 31 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). successor to such entities).’’ See 15 U.S.C. 32 Id. 2 17 CFR 240.19b–4. 77r(b)(1)(A).

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alternative listing procedure permits the and subject to adequate minimum purposes and to promote a free and listing of such options so long as: (1) standards. open market for the benefit of investors. The underlying security meets the The ISE believes that, although the 2. Statutory Basis guidelines for continued approval continued listing requirements are contained in ISE Rule 503; (2) options uniform among the options exchanges, The basis under the Act for this on such underlying security are traded the application of both the original and proposed rule change is found in on at least one other registered national continued listing standards in the section 6(b)(5), in that the proposed securities exchange; and (3) the average current market environment have had change will serve to remove daily trading volume (‘‘ADTV’’) for such an anti-competitive effect. Specifically, impediments to and perfect the options over the last three calendar the Exchange notes that on several mechanisms of a free and open market months preceding the date of selection occasions it has been unable to list and and a national market system and, in has been at least 5,000 contracts. trade options classes that trade general, to protect investors and the Subparagraphs (1) through (4) of ISE elsewhere because the underlying public interest. Rule 502(b) further sets forth minimum security of such option did not at that B. Self-Regulatory Organization’s requirements for an underlying security, time meet original listing standards. Statement on Burden on Competition such as shares outstanding, number of However, the other options exchange(s) holders, and trading volume. may continue to trade such options (and The proposed rule change does not When the ISE first commenced list additional series) based on the lower impose any burden on competition. operations, if an option failed to meet maintenance listing standards, while the C. Self-Regulatory Organization’s the original listing requirements, the ISE ISE may not list any options on such Statement on Comments on the could not list that option, even if the underlying security. The Exchange Proposed Rule Change Received From option met the continued listing believes this clearly is anti-competitive Members, Participants or Others requirements of one or more other and inconsistent with the aims and exchanges and traded on those goals of a national market system in The Exchange has not solicited, and exchanges. In order to somewhat options. does not intend to solicit, comments on remedy this situation, in 2001, the To address this situation, the this proposed rule change. The Exchange proposed, and the Exchange proposes to add new ISE Rule Exchange has not received any Commission approved, amendments to 502(b)(6) and amend the current listing unsolicited written comments from the ISE’s original listing criteria, which requirement adopted by the 2001 Filing. members or other interested parties. Specifically, proposed ISE Rule permitted the ISE to list options that (i) II. Solicitation of Comments met the ISE’s continued listing criteria, 502(b)(6) provides that, notwithstanding (ii) were traded on at least one other that a particular underlying security Interested persons are invited to exchange, and (iii) had ADTV across all may not meet the requirements set forth submit written data, views, and exchanges of at least 5,000 contracts.4 in ISE Rule 502(b)(1), (2), (4), and (5), arguments concerning the foregoing, The Exchange notes that the 2001 the Exchange nonetheless could list and including whether the proposed rule Filing, while permitting the ISE to list trade an option on such underlying change is consistent with the Act. some of the more actively traded security if (i) the underlying security Comments may be submitted by any of options, does not permit the listing of meets continued listing requirements the following methods: less active options that are currently under ISE Rule 503 and (ii) options on Electronic Comments trading at other options exchanges. The such underlying security are listed and • options exchange (or exchanges) that traded on at least one other registered Use the Commission’s Internet may be fortunate enough to list an national securities exchange. ISE Rule comment form http://www.sec.gov/ option that at first met the original 502(b)(5)(iii), which references an rules/sro.shtml); or • listing criteria, but subsequently fails to alternative original listing requirement, Send an E-mail to rule- do so, is provided a trading monopoly would be deleted. In connection with [email protected]. Please include File inconsistent with the multiple trading of the proposed changes, the Exchange No. SR–ISE–2007–80 on the subject options, fostering competition, and the represents that the procedures currently line. maintenance of a national market employed to determine whether a Paper Comments system. Under this proposed rule particular underlying security meets the • change, an option may be multiply initial listing criteria will similarly be Send paper comments in triplicate listed and traded as long as one other applied to the continued listing criteria. to Nancy M. Morris, Secretary, options exchange is trading the The Exchange believes that this Securities and Exchange Commission, particular option and such underlying proposal is narrowly tailored to address 100 F Street, NE., Washington, DC security of the option meets the the circumstances where an options 20549–1090. Exchange’s continued listing class is currently ineligible for listing on All submissions should refer to File requirements. the ISE, while at the same time such Number SR–ISE–2007–80. This file The ISE notes that the requirements option is trading on another options number should be included on the for listing additional series of an exchange(s). The Exchange notes that subject line if e-mail is used. To help the existing listed option (i.e., continued when an underlying security meets the Commission process and review your listing guidelines) are less stringent, maintenance listing requirements, and comments more efficiently, please use largely because in total the Exchange’s at least one other exchange lists and only one method. The Commission will guidelines assure that options will be trades options on the underlying post all comments on the Commission’s listed and traded on securities of security, the option is available to the Internet Web site (http://www.sec.gov/ companies that are financially sound investing public. Therefore, the ISE rules/sro.shtml). Copies of the notes that the current proposal will not submission, all subsequent 4 See Securities Exchange Act Release No. 45220 introduce any inappropriate additional amendments, all written statements (December 31, 2001), 67 FR 760 (January 7, 2002) listed options classes. The Exchange with respect to the proposed rule (order approving a proposed rule change revising the original listing criteria for underlying securities submits that the adoption of the change that are filed with the in ISE Rule 502) (the ‘‘2001 Filing’’). proposal is essential for competitive Commission, and all written

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communications relating to the equity option listing criteria will the proposed rule change as described proposed rule change between the similarly be applied by the Exchange in Items I and II below, which items Commission and any person, other than when determining whether an have been substantially prepared by the those that may be withheld from the underlying security meets the its Exchange. On September 25, 2007, the public in accordance with the continued listing criteria. Exchange filed Amendment No. 1 to the provisions of 5 U.S.C. 552, will be The Commission finds good cause, proposed rule change. On October 3, available for inspection and copying in pursuant to Section 19(b)(2)(B) of the 2007, the Exchange filed Amendment the Commission’s Public Reference Act,8 for approving the proposed rule No. 2 to the proposed rule change. On Room, 100 F Street, NE., Washington, change prior to the 30th day after the October 5, 2007, the Exchange filed DC 20549, on official business days date of publication of the notice of the Amendment No. 3 to the proposed rule between the hours of 10 a.m. and 3 p.m. filing thereof in the Federal Register. change. This order provides notice of, Copies of such filing also will be The Commission notes that the and approves, the proposed rule change, available for inspection and copying at proposed rule change is substantially as modified by Amendment Nos. 1, 2, the principal office of the ISE. All identical to the proposed rule change and 3 thereto, on an accelerated basis. submitted by the American Stock comments received will be posted I. Self-Regulatory Organization’s Exchange LLC,9 which was previously without change; the Commission does Statement of the Terms of Substance of approved by the Commission after not edit personal identifying the Proposed Rule Change information from submissions. You notice and comment, and therefore does should submit only information that not raise any new regulatory issues. The Exchange proposes to amend you wish to make available publicly. All NYSE Arca Equities Rule 5.2(j)(6) to: (i) V. Conclusion submissions should refer to File Include generic listing and trading rules Number SR–ISE–2007–80 and should be It is therefore ordered, pursuant to for commodity-linked securities submitted on or before November 7, section 19(b)(2) of the Act 10 that the (‘‘Commodity-Linked Securities’’) and 2007. proposed rule change (SR–ISE–2007– currency-linked securities (‘‘Currency- 80), as modified by Amendment No. 1, Linked Securities’’ and, together with IV. Commission’s Findings and Order is hereby approved on an accelerated Equity Index-Linked Securities 3 and Granting Accelerated Approval of basis. Commodity-Linked Securities, Proposed Rule Change For the Commission, by the Division of collectively, ‘‘Index-Linked Securities’’); After careful consideration, the Market Regulation, pursuant to delegated (ii) make conforming changes to Commission finds that the proposed authority.11 Commentary .01 of NYSE Arca Equities rule change is consistent with the Florence E. Harmon, Rule 5.2(j)(6) and extend its application requirements of the Act and the rules Deputy Secretary. to Currency-Linked Securities; and (iii) make minor changes to the existing and regulations thereunder applicable to [FR Doc. E7–20461 Filed 10–15–07; 8:45 am] a national securities exchange,5 and, in provisions of NYSE Arca Equities Rule BILLING CODE 8011–01–P particular, with the requirements of 5.2(j)(6) to conform the rule with section 6(b) of the Act 6 and the rules changes to defined terms, changes to and regulations thereunder. The SECURITIES AND EXCHANGE certain internal cross-references, and the Commission finds that the Exchange’s COMMISSION generic listing and trading standards for proposal is consistent with section Index-Linked Securities of the New 6(b)(5) of the Act,7 which requires that [Release No. 34–56637; File No. SR– York Stock Exchange LLC (‘‘NYSE’’).4 the rules of an exchange be designed to NYSEArca–2007–92] The text of the proposed rule change is available at the Exchange, the prevent fraudulent and manipulative Self-Regulatory Organizations; NYSE Commission’s Public Reference Room, acts and practices, to promote just and Arca, Inc.; Notice of Filing and Order and http://www.nyse.com. equitable principles of trade, to remove Granting Accelerated Approval of impediments to and perfect the Proposed Rule Change, as Modified by II. Self-Regulatory Organization’s mechanism of a free and open market Amendment Nos. 1, 2, and 3 Thereto, Statement of the Purpose of, and and a national market system, and in Relating to Generic Listing and Statutory Basis for, the Proposed Rule general, to protect investors and the Trading Rules for Index-Linked Change public interest. The proposal addresses Securities circumstances where an equity option In its filing with the Commission, the class is ineligible for initial listing on October 10, 2007. Exchange included statements the Exchange, even though it meets the Pursuant to section 19(b)(1) of the concerning the purpose of, and basis for, Exchange’s continued listing Securities Exchange Act of 1934 the proposed rule change and discussed requirements and is trading on another (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 any comments it received on the options exchange. Therefore, the notice is hereby given that on proposed rule change. The text of these proposed rule change should help September 11, 2007, NYSE Arca, Inc. statements may be examined at the promote competition among the (‘‘NYSE Arca’’ or ‘‘Exchange’’), through places specified in Item III below. The exchanges that list and trade options. its wholly owned subsidiary, NYSE 3 Currently, NYSE Arca Equities Rule 5.2(j)(6) The Commission notes, and the Arca Equities, Inc. (‘‘NYSE Arca relates only to the listing and trading of securities Exchange represents, that the Equities’’), filed with the Securities and that provide for the payment at maturity of a cash procedures currently employed to Exchange Commission (‘‘Commission’’) amount based on the performance of an underlying determine whether a particular index or indexes of equity securities, also known as ‘‘Index-Linked Securities.’’ See NYSE Arca 8 15 U.S.C. 78s(b)(2)(B). underlying security meets the initial Equities Rule 5.2(j)(6). For purposes of the proposed 9 See Securities Exchange Act Release No. 56598 rule change, however, the Exchange seeks to modify 5 In approving this rule, the Commission notes (October 2, 2007) (SR–Amex–2007–48). the name of such securities to be ‘‘Equity Index- that it has considered its impact on efficiency, 10 15 U.S.C. 78s(b)(2). Linked Securities,’’ among other proposed changes competition, and capital formation. 15 U.S.C. 78c(f). 11 17 CFR 200.30–3(a)(12). described herein. 6 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). 4 See Section 703.22 of the NYSE Listed Company 7 15 U.S.C. 78f(b)(4). 2 17 CFR 240.19b–4. Manual.

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Exchange has prepared summaries, set Index-Linked Securities: Index-Linked guaranteed amount to be repaid.10 The forth in sections A, B and C below, of Securities are designed for investors Exchange further states that Index- the most significant aspects of such who desire to participate in a specific Linked Securities do not give the holder statements. market segment by providing exposure any right to receive a portfolio to one or more identifiable underlying component(s), dividend payments, or A. Self-Regulatory Organization’s securities, commodities, currencies, any other ownership right or interest in Statement of the Purpose of, and derivative instruments, or market the portfolio or component(s) Statutory Basis for, the Proposed Rule comprising the applicable Reference Change indexes of the foregoing. Equity Index- Linked Securities are securities that Asset. Pursuant to amended NYSE Arca 1. Purpose provide for the payment at maturity of Equities Rule 5.2(j)(6), the current or composite value of a Reference Asset, as NYSE Arca proposes to amend NYSE a cash amount based on the applicable, will be widely disseminated Arca Equities Rule 5.2(j)(6) to: (i) performance of an underlying index or at least every 15 seconds during the Include provisions for the listing and indexes of equity securities (‘‘Equity Reference Asset’’). Commodity-Linked trading day.11 trading of Commodity-Linked Securities Proposed Standards for All Index- and Currency-Linked Securities Securities are proposed to be defined as securities that provide for the payment Linked Securities: With respect to the pursuant to Rule 19b–4(e) under the current requirements applicable to all Act; 5 (ii) make conforming changes to at maturity of a cash amount based on the performance of one or more physical Index-Linked Securities, the Exchange Commentary .01 of NYSE Arca Equities proposes to amend the provision related Rule 5.2(j)(6) and extend its application commodities or commodity futures, options or other commodity derivatives to the required minimum tangible net to Currency-Linked Securities; and (iii) 12 or Commodity-Based Trust Shares (as worth of an issuer of Index-Linked make minor changes to the existing Securities such that, if the Index-Linked provisions of NYSE Arca Equities Rule defined in NYSE Arca Equities Rule 8.201) or a basket or index of any of the Securities are fully and unconditionally 5.2(j)(6) to conform the rule with guaranteed by an affiliate of the issuer, changes to defined terms, changes to foregoing (‘‘Commodity Reference Asset’’). Finally, Currency-Linked the Exchange would rely on such certain internal cross references, and affiliate’s tangible net worth for NYSE’s generic listing and trading rules Securities are proposed to be defined as securities that provide for the payment purposes of this requirement and for Index-Linked Securities. include in its calculation all Index- Generic Listing Standards: Rule 19b– at maturity of a cash amount based on the performance of one or more Linked Securities that are fully and 4(e) provides that the listing and trading unconditionally guaranteed by such of a new derivative securities product currencies, or options or currency futures or other currency derivatives or affiliate. In addition, for purposes of this by a self-regulatory organization requirement, government issuers and (‘‘SRO’’) shall not be deemed a proposed Currency Trust Shares (as defined in NYSE Arca Equities Rule 8.202) or a supranational entities would be rule change, pursuant to Rule 19b– evaluated on a case-by-case basis. basket or index of any of the foregoing 4(c)(1),6 if the Commission has If the Reference Asset of an Index- (‘‘Currency Reference Asset,’’ and approved, pursuant to section 19(b) of Linked Security listed pursuant to the Act,7 the SRO’s trading rules, together with Equity Reference Asset proposed NYSE Arca Equities 5.2(j)(6) is procedures, and listing standards for the and Commodity Reference Asset, 9 based in whole or in part on an index product class that would include the collectively, ‘‘Reference Asset’’). that is maintained by a broker-dealer, new derivatives securities product, and Index-Linked Securities are the non- the broker-dealer is required to erect a the SRO has a surveillance program for convertible debt of an issuer with a term ‘‘firewall’’ around the personnel the product class. As a result, the of at least one year, but not greater than responsible for the maintenance of such Exchange seeks Commission approval to thirty years. Index-Linked Securities index or who have access to information adopt generic listing standards under may or may not make interest payments concerning changes and adjustments to amended NYSE Arca Equities Rule based on dividends or other cash such index, and a third party who is not 5.2(j)(6), pursuant to which it would be distributions paid on the components a broker-dealer would be required to able to continue to list and trade Equity comprising the Reference Asset to the calculate the value of such index. In Index-Linked Securities and list and holder during the term. In addition, addition, any advisory committee, trade Commodity-Linked Securities and each Index-Linked Security will trade as supervisory board, or similar entity that Currency-Linked Securities, in each a single, Exchange-listed security. advises an index licensor or case, without individual Commission The Exchange represents that the administrator, or that makes decisions approval of each such product. The proposed generic listing standards to list regarding the index or portfolio Exchange represents that any securities and trade Index-Linked Securities composition, methodology, and related it lists and/or trades pursuant to new pursuant to Rule 19b–4(e) under the Act matters, must implement and maintain, NYSE Arca Equities Rule 5.2(j)(6), as will not apply if the payment at or be subject to, procedures designed to amended, will satisfy the standards set maturity is based on a multiple of the prevent the use and dissemination of forth therein. The Exchange states that, negative performance of the applicable material, non-public information within five business days after Reference Asset. In addition, an Index- commencement of trading of an Index- Linked Security may or may not provide 10 Some Index-Linked Securities may provide for Linked Security pursuant to proposed ‘‘contingent’’ protection of the principal amount, ‘‘principal protection,’’ i.e., a minimum whereby principal protection may not apply if the NYSE Arca Equities Rule 5.2(j)(6), the Reference Asset at any point in time during the Exchange will file a Form 19b–4(e), in 9 The Exchange understands that the holder of an term of such securities reaches a certain pre- accordance with Rule 19b–4(e)(2)(ii) Index-Linked Security may or may not be fully determined level. under the Act.8 exposed to the appreciation and/or depreciation of 11 See infra note 15. the underlying component assets of a Reference 12 See proposed NYSE Arca Equities Rule Asset. For example, an Index-Linked Security may 5.2(j)(6)(A)(e). The Exchange defines ‘‘tangible net 5 17 CFR 240.19b–4(e). be subject to a ‘‘cap’’ on the maximum principal worth’’ as total assets, Less intangible assets and 6 17 CFR 240.19b–4(c)(1). amount to be repaid to holders, or a ‘‘floor’’ on the total liabilities. Intangibles include non-material 7 15 U.S.C. 78s(b). minimum principal amount to be repaid to holders, benefits, such as goodwill, patents, copyrights, and 8 See 17 CFR 240.19b–4(e)(2)(ii); 17 CFR 249.820. at maturity. trademarks.

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regarding the applicable index or situations are detected, surveillance Commodity-Linked Securities will be portfolio.13 analysis follows and investigations are subject to the criteria in proposed NYSE Index-Linked Securities and opened, where appropriate, to review Arca Equities Rule 5.2(j)(6)(B)(II) for transactions therein will be subject to all the behavior of all relevant parties for initial and continued listing. Each issue Exchange rules governing the trading of all relevant trading violations. The of Commodity-Linked Securities must equity securities, including its equity Exchange states that it may obtain meet one of the initial listing standards margin rules.14 The Exchange represents information via the Intermarket set forth below: that Index-Linked Securities will trade Surveillance Group (‘‘ISG’’) from other • The Commodity Reference Asset to during all three trading sessions exchanges who are members or affiliate which the security is linked shall have pursuant to NYSE Arca Equities Rule members of ISG. In addition, the been reviewed and approved for the 7.34(a).15 Exchange also has a general policy trading of Commodity-Based Trust 16 With respect to trading halts, in the prohibiting the distribution of material, Shares or options or other derivatives by case of Commodity-or Currency-Linked non-public information by its the Commission under section 19(b)(2) Securities, if the indicative value or the employees. of the Act and rules thereunder and the Commodity Reference Asset value or Equity Index-Linked Securities: Equity conditions set forth in the Commission’s Currency Reference Asset value, as the Index-Linked Securities would be approval order, including with respect case may be, applicable to a series of subject to the criteria in amended NYSE to comprehensive surveillance sharing such securities is not being Arca Equities Rule 5.2(j)(6)(B)(I) for agreements, continue to be satisfied; or disseminated as required, or, in the case initial and continued listing. The • The pricing information for of Equity Index-Linked Securities, if the Exchange proposes to make certain components of a Commodity Reference value of the underlying index is not revisions to this section to conform to Asset must be derived from a market being disseminated as required, the NYSE’s current generic listing and which is an ISG member or affiliate or Exchange may halt trading during the trading standards for Index-Linked with which the Exchange has a day on which such interruption first Securities and changes with respect to comprehensive surveillance sharing occurs. If such interruption persists past certain defined terms and internal cross agreement. Notwithstanding the the trading day in which it occurred, the references. Specifically, the Exchange previous sentence, pricing information Exchange will halt trading no later than proposes to make the following notable for gold and silver may be derived from the beginning of the trading day modifications: following the interruption. • The minimum of ten component the London Bullion Market Association. The Exchange will implement written securities comprising the Equity A Commodity Reference Asset may surveillance procedures for Index- Reference Asset must include different include components representing not Linked Securities, including adequate issuers.18 more than 10% of the dollar weight of comprehensive surveillance sharing • The index or indexes to which the such Commodity Reference Asset for agreements with markets trading in non- security is linked shall have been which the pricing information is U.S. components, as applicable.17 The reviewed and approved for the trading derived from markets that do not meet Exchange states that it intends to utilize of investment company units or options the foregoing requirements; provided, its existing surveillance procedures or other derivatives by the Commission however, that no single component applicable to derivative products to under section 19(b)(2) of the Act and subject to this exception exceeds 7% of monitor trading in Index-Linked rules thereunder.19 the dollar weight of the Commodity 22 Securities. The Exchange represents that • All component securities shall be Reference Asset. these procedures are adequate to either (A) securities (other than foreign In addition, the issue must meet both of properly monitor Exchange trading of country securities and American the following initial listing criteria: such securities in all trading sessions Depository Receipts (‘‘ADRs’’)) that are • The value of the Commodity and to deter and detect violations of (i) Issued by an Act reporting company Reference Asset must be calculated and Exchange rules. The Exchange’s current that is listed on a national securities widely disseminated by one or more trading surveillance focuses on exchange and (ii) an ‘‘NMS stock’’ (as major market data vendors on at least a detecting when securities trade outside defined in Rule 600 of Regulation 15-second basis during the Core Trading their normal patterns. When such NMS) 20 or (B) foreign country securities Session (as defined in NYSE Arca or ADRs, provided that foreign country Equities Rule 7.34); 23 and 13 See proposed NYSE Arca Equities Rule securities or foreign country securities • In the case of Commodity-Linked 5.2(j)(6)(C). The Exchange states that NYSE Arca underlying ADRs having their primary Securities that are periodically Equities Rule 7.26 (Limitations on Dealings), which trading market outside the United States redeemable, the indicative value of such imposes certain restrictions on ETP Holders, would apply to the trading of Commodity-Linked and on foreign trading markets that are not securities must be calculated and Currency-Linked Securities. See NYSE Arca ISG members or parties to widely disseminated by one or more Equities Rule 7.26; NYSE Arca Equities Rule 1.1 comprehensive surveillance sharing major market data vendors on at least a (defining ETP Holder). agreements with the Exchange will not, 15-second basis during the Core Trading 14 See proposed NYSE Arca Equities Rule in the aggregate, represent more than Session. 5.2(j)(6)(D). 21 15 Pursuant to NYSE Arca Rule 7.34(a), NYSE 20% of the dollar weight of the index. The Exchange will commence Arca Marketplace, which is the equities trading Commodity-Linked Securities: The delisting or removal proceedings if any facility of NYSE Arca Equities, generally has three Exchange proposes to incorporate of the foregoing initial listing criteria are trading sessions each day the Exchange is open for generic listing and trading standards for not continuously maintained. The business: (1) an Opening Session (4 a.m. to 9:30 Commodity-Linked Securities. a.m. Eastern Time or ‘‘ET’’), during which the Opening Auction and the Market Order Auction 22 See Securities Exchange Act Release No. 56525 occur; (2) a Core Trading Session (9:30 a.m. to 4:00 18 See proposed NYSE Arca Equities Rule (September 25, 2007), 72 FR 56114 (October 2, p.m. ET); and (3) a Late Trading Session (4 p.m. to 5.2(j)(6)(B)(I)(1)(a). 2007) (SR–NYSE–2007–76) (approving the adoption 8 p.m. ET). 19 See proposed NYSE Arca Equities Rule of certain exceptions to the pricing information 16 See proposed NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(b)(1). requirements with respect to components 5.2(j)(6)(E). 20 See 17 CFR 242.600(b)(47). underlying Commodity-Linked Securities and 17 See proposed NYSE Arca Equities Rule 21 See proposed NYSE Arca Equities Rule Currency-Linked Securities). 5.2(j)(6)(F). 5.2(j)(6)(B)(I)(1)(b)(2)(vii). 23 See supra note 15.

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Exchange will also commence delisting 15-second basis during the Core Trading (1) To determine that such transaction is or removal proceedings: Session; 25 and suitable for the customer (NYSE Arca • If the aggregate market value or the • In the case of Currency-Linked Equities Rule 9.2(a)); and (2) to have a principal amount of the Commodity- Securities that are periodically reasonable basis for believing that the Linked Securities publicly held is less redeemable, the indicative value of such customer can evaluate the special than $400,000; securities must be calculated and characteristics, and is able to bear the • If the value of the Commodity widely disseminated by one or more financial risks, of such transaction. In Reference Asset is no longer calculated major market data vendors on at least a addition, the Information Circular will or available and a new Commodity 15-second basis during the Core Trading reference the requirement that ETP Reference Asset is substituted, unless Session. Holders must deliver a prospectus to the new Commodity Reference Asset The Exchange will commence investors purchasing newly issued meets the requirements of proposed delisting or removal proceedings if any Index-Linked Securities prior to or NYSE Arca Equities Rule 5.2(j)(6); or of the foregoing initial listing criteria are • concurrently with the confirmation of a If such other event shall occur or not continuously maintained. The transaction. The Information Circular condition exists which in the opinion of Exchange will also commence delisting will note that all of the Exchange’s the Exchange makes further dealings on or removal proceedings under any of the equity trading rules will be applicable to the Exchange inadvisable. following circumstances: trading in Index-Linked Securities. Currency-Linked Securities: The • If the aggregate market value or the Commentary .01: The Exchange also Exchange also proposes to incorporate principal amount of the Currency- proposes to make conforming changes to generic listing and trading standards for Linked Securities publicly held is less Commentary .01 of NYSE Arca Equities Currency-Linked Securities. Currency- than $400,000; Rule 5.2(j)(6) to extend the application Linked Securities will be subject to the • If the value of the Currency of Currency-Linked Securities therein. criteria in proposed NYSE Arca Equities Reference Asset is no longer calculated Rule 5.2(j)(6)(B)(III) for initial and or available and a new Currency 2. Statutory Basis continued listing. Currency-Linked Reference Asset is substituted, unless The Exchange believes that the Securities must meet one of the initial the new Currency Reference Asset meets proposed rule change is consistent with listing standards set forth below: the requirements of proposed NYSE section 6(b) of the Act,27 in general, and • The Currency Reference Asset to Arca Equities Rule 5.2(j)(6); or furthers the objectives of section 6(b)(5) which the security is linked shall have • If such other event shall occur or of the Act,28 in particular, in that it is been reviewed and approved for the condition exists which in the opinion of designed to prevent fraudulent and trading of Currency Trust Shares or the Exchange makes further dealings on manipulative acts and practices, to options or other derivatives by the the Exchange inadvisable. Commission under section 19(b)(2) of Information Circular: Upon evaluating promote just and equitable principles of the Act and rules thereunder and the the nature and complexity of each trade, to foster cooperation and conditions set forth in the Commission’s Index-Linked Security, the Exchange coordination with persons engaged in approval order, including with respect represents that it will prepare and facilitating transactions in securities, to to comprehensive surveillance sharing distribute, if appropriate, an Information remove impediments to and perfect the agreements, continue to be satisfied; or Circular to ETP Holders describing the mechanism of a free and open market • The pricing information for each Index-Linked Securities. Accordingly, and a national market system, and, in component of a Currency Reference the particular structure and general, to protect investors and the Asset must be (x) the generally accepted corresponding risks of an Index-Linked public interest. spot price for the currency exchange Security traded on the Exchange will be B. Self-Regulatory Organization’s rate in question or (y) derived from a highlighted and disclosed. In particular, Statement on Burden on Competition market which (i) Is an ISG member or the Information Circular will discuss the affiliate or with which the Exchange has risks involved in trading Index-Linked The Exchange does not believe that a comprehensive surveillance sharing Securities during the Opening and Late the proposed rule change will impose agreement and (ii) is the pricing source Trading Sessions when an updated any burden on competition that is not for components of a Currency Reference indicative value, if required, is not necessary or appropriate in furtherance Asset that has previously been approved calculated or publicly disseminated.26 of the purposes of the Act. by the Commission. A Currency The Information Circular will also set C. Self-Regulatory Organization’s Reference Asset may include forth the Exchange’s suitability rule that Statement on Comments on the components representing not more than requires ETP Holders recommending a Proposed Rule Change Received From 10% the dollar weight of such Currency transaction in Index-Linked Securities: Members, Participants or Others Reference Asset for which the pricing information is derived from markets that 25 See supra note 15. Written comments on the proposed do not meet the requirements of either 26 Specifically, the Exchange requires ETP rule change were neither solicited nor (x) or (y) above; provided, however, that Holders to disclose to their non-ETP Holder received. customers that an updated Reference Asset value or no single component subject to this indicative value may not be calculated or publicly III. Solicitation of Comments exception exceeds 7% of the dollar disseminated during extended trading hours. weight of the Currency Reference Because the indicative value is not calculated or Interested persons are invited to Asset.24 widely disseminated during the Opening and Late submit written data, views and In addition, the issue must meet both of Trading Sessions, an investor who is unable to arguments concerning the foregoing, calculate an implied value for a derivative the following initial listing criteria: securities product in those sessions may be at a including whether the proposed rule • The value of the Currency disadvantage to market professionals. The Exchange change is consistent with the Act. Reference Asset must be calculated and believes that requiring ETP Holders to disclose this Comments may be submitted by any of widely disseminated by one or more risk to non-ETP Holders will facilitate informed the following methods: participation in extended hours trading. See major market data vendors on at least a Securities Exchange Act Release No. 56270 (August 15, 2007), 72 FR 47109 (August 22, 2007) (SR– 27 15 U.S.C. 78f(b). 24 See supra note 22. NYSEArca–2007–74). 28 15 U.S.C. 78f(b)(5).

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Electronic Comments particular, the requirements of section 6 that the proposed generic listing 30 • Use the Commission’s Internet of the Act. Specifically, the standards for Commodity-Linked and comment form (http://www.sec.gov/ Commission finds that the proposed Currency-Linked Securities, in addition rules/sro.shtml); or rule change is consistent with section to the proposed changes to the generic • Send e-mail to rule- 6(b)(5) of the Act,31 which requires, listing standards applicable to all Index- [email protected]. Please include File among other things, that the rules of a Linked Securities and Equity Index- Number SR–NYSEArca–2007–92 on the national securities exchange be Linked Securities, should fulfill the subject line. designed to promote just and equitable intended objective of Rule 19b–4(e) and principles of trade, to foster cooperation allow securities that satisfy the Paper Comments and coordination with persons engaged proposed generic listing standards to • Send paper comments in triplicate in regulating, clearing, settling, commence trading without the need for to Nancy M. Morris, Secretary, processing information with respect to, public comment and Commission Securities and Exchange Commission, and facilitating transactions in approval.35 100 F Street, NE., Washington, DC securities, to remove impediments to Listing and Trading Index-Linked 20549–1090. and perfect the mechanism of a free and Securities: Taken together, the All submissions should refer to File open market and a national market Commission finds that the Exchange’s Number SR–NYSEArca–2007–92. This system, and, in general, to protect proposal contains adequate rules and file number should be included on the investors and the public interest. procedures to govern the listing and subject line if e-mail is used. To help the Generic Listing Standards for trading of Index-Linked Securities listed Commission process and review your Commodity-Linked and Currency- pursuant to Rule 19b–4(e). All such comments more efficiently, please use Linked Securities: To list and trade securities listed under their respective only one method. The Commission will Commodity-Linked and Currency- generic standards will be subject to the post all comments on the Commission’s Linked Securities, the Exchange full panoply of Exchange rules and Internet Web site (http://www.sec.gov/ currently must file a proposed rule procedures that currently govern the rules/sro.shtml). Copies of the change with the Commission pursuant trading of equity securities, including 32 submission, all subsequent to section 19(b)(1) of the Act and Rule the equity margin rules, on the 33 amendments, all written statements 19b–4 thereunder. However, Rule Exchange. with respect to the proposed rule 19b–4(e) provides that the listing and As set forth more fully above, the change that are filed with the trading of a new derivative securities Exchange seeks to conform the Commission, and all written product by an SRO will not be deemed minimum tangible net worth communications relating to the a proposed rule change pursuant to Rule requirements for each issuer of Index- proposed rule change between the 19b–4(c)(1) under the Act if the Linked Securities and the specific Commission and any person, other than Commission has approved, pursuant to listing and trading requirements related those that may be withheld from the section 19(b) of the Act, the SRO’s to Equity Index-Linked Securities to the trading rules, procedures, and listing public in accordance with the standards similarly adopted by other standards for the product class that 36 provisions of 5 U.S.C. 552, will be national securities exchanges. In would include the new derivative available for inspection and copying in addition, with respect to Commodity- securities product, and the SRO has a the Commission’s Public Reference Linked and Currency-Linked Securities, surveillance program for the product Room, 100 F Street, NE., Washington, the Exchange’s proposal requires that: class. The Exchange’s proposed rules for DC 20549, on official business days (1) The applicable Reference Assets the listing and trading of Commodity- between the hours of 10 a.m. and 3 p.m. underlying such securities must have Linked Securities and Currency-Linked Copies of such filing also will be been reviewed and approved for trading Securities pursuant to Rule 19b–4(e) available for inspection and copying at by the Commission; or (2) the pricing fulfill these requirements. the principal office of the Exchange. All information with respect to the The Exchange’s ability to rely on Rule underlying components representing at comments received will be posted 19b–4(e) to list and trade Commodity- without change; the Commission does least 90% of the dollar weight of the Linked and Currency-Linked Securities applicable Reference Asset must have not edit personal identifying that meet the applicable requirements of information from submissions. You been derived from (a) A market which proposed NYSE Arca Equities Rule is an ISG member or affiliate or with should submit only information that 5.2(j)(6) should reduce the time frame you wish to make available publicly. All which the Exchange has in place a for bringing these securities to the comprehensive surveillance sharing submissions should refer to File market and thereby reduce the burdens Number SR–NYSEArca–2007–92 and agreement, or (b) certain other required on issuers and other market sources. An underlying component for should be submitted on or before participants, while also promoting November 6, 2007. which the pricing information does not competition and making such securities comply with the foregoing requirements IV. Commission’s Findings and Order available to investors more quickly. cannot exceed 7% of the dollar weight Granting Accelerated Approval of the The Commission has previously Proposed Rule Change approved generic listing standards for Linked Securities and Currency-Linked Securities); such securities that are substantially After careful consideration, the and 55687 (May 1, 2007), 72 FR 25824 (May 7, similar to the Exchange’s current 2007) (SR–NYSE–2007–27) (approving generic Commission finds that the proposed proposal.34 The Commission believes listing standards for Equity Index-Linked Securities, rule change is consistent with the Commodity-Linked Securities, and Currency- Linked Securities). requirements of the Act and the rules 30 15 U.S.C. 78f. 35 The Commission notes that the failure of a and regulations thereunder applicable to 31 15 U.S.C. 78f(b)(5). particular product or index to comply with the 29 a national securities exchange and, in 32 15 U.S.C. 78s(b)(1). proposed generic listing standards under Rule 19b– 33 17 CFR 240.19b–4. 4(e), however, would not preclude the Exchange 29 In approving this proposed rule change, the 34 See Securities Exchange Act Release Nos. from submitting a separate filing pursuant to Commission has considered the proposed rule’s 55794 (May 22, 2007), 72 FR 29558 (May 29, 2007) Section 19(b)(2), requesting Commission approval impact on efficiency, competition, and capital (SR–Amex–2007–45) (approving, among other to list and trade a particular index-linked product. formation. See 15 U.S.C. 78c(f). things, generic listing standards for Commodity- 36 See supra note 34.

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of the applicable Reference Asset. The affiliate members of ISG and has a Commentary .01 of NYSE Arca Equities Commission believes that these general policy prohibiting the Rules 5.2(j)(6) and 7.26 (Limitations on requirements are designed to ensure that distribution of material, non-public Dealings). the trading markets for the underlying information by its employees. Acceleration: The Commission finds components are adequately capitalized Information Memorandum: The good cause for approving the proposed and sufficiently liquid and should Exchange has represented that it will rule change, as modified by Amendment distribute, as appropriate, an minimize the potential for manipulation Nos. 1, 2, and 3 thereto, before the 30th Information Circular to members and permit the Exchange to identify day after the date of publication of describing the product, the particular potential trading and other violations of notice of filing thereof in the Federal structure of the product, and the its rules. The Commission notes that Register. The Exchange requested corresponding risks of trading Index- such requirements should also accelerated approval of the proposal to Linked Securities, including the risks contribute to the transparency of the facilitate the prompt listing and trading involved in trading such securities Commodity Reference Asset or Currency of Index-Linked Securities and, in during the Opening and Late Trading Reference Asset, as the case may be. By particular, Commodity-Linked Sessions when an updated indicative requiring at least 90% of the pricing Securities and Currency-Linked value, if required, is not calculated or information for the relevant components Securities, based on the specified publicly disseminated.37 In addition, to be readily available, the proposed criteria of proposed NYSE Arca Equities the Information Circular will set forth listing standards of NYSE Arca Equities Rule 5.2(j)(6). The Commission notes 5.2(j)(6) should help ensure a fair and the Exchange’s suitability requirements with respect to recommendations in that the Exchange’s proposed changes to orderly market for Commodity-Linked the generic listing standards that apply and Currency-Linked Securities listed transactions in Index-Linked Securities to customers, the prospectus delivery to all Index-Linked Securities, proposed and traded pursuant to Rule 19b–4(e). changes to the generic listing standards The Exchange has also developed requirements of ETP Holders. The Information Circular will also note that for Equity Index-Linked Securities, and delisting criteria that would permit it to the proposed generic listing standards suspend trading in Index-Linked all of the Exchange’s equity trading rules will be applicable to the trading of for Commodity-Linked and Currency- Securities in circumstances that make Linked Securities are based on further dealings in such products Index-Linked Securities. Firewall Procedures: The Exchange previously approved listing standards inadvisable. The Commission believes 38 has further represented that if the for such securities. The Commission is that the delisting criteria should help presently not aware of any regulatory ensure that a minimum level of liquidity Reference Asset is an underlying index that is maintained by a broker-dealer, issue that should cause it to revisit that exists for each such security to allow for finding or would preclude the trading of the maintenance of fair and orderly such broker-dealer will establish a ‘‘firewall’’ around personnel responsible such securities on the Exchange. markets. Also, in the event that the Therefore, accelerating approval of this value of the underlying index for Equity for the maintenance of such underlying index or who have access to information proposal should benefit investors by Index-Linked Securities, or the concerning changes and adjustments to creating, without undue delay, applicable Commodity Reference Asset the underlying index. As an added additional competition in the market for or Currency Reference Asset or, in the measure, a third-party who is not a Index-Linked Securities, subject to the case of Commodity-Linked and broker-dealer will be required to standards and representations discussed Currency-Linked Securities that are calculate the value of the index. In herein. Therefore, the Commission finds periodically redeemable, the addition, the Exchange has stated that good cause, consistent with section corresponding indicative value, is no 39 any advisory committee, supervisory 19(b)(2) of the Act, to approve the longer calculated and widely board, or similar entity that advises an proposed rule change on an accelerated disseminated on at least a 15-second index licensor or administrator or that basis. basis, the Exchange may halt trading makes decisions regarding the during the day on which the V. Conclusion underlying index or portfolio interruption first occurs; however, if the composition, methodology, and related interruption persists past the trading It is therefore ordered, pursuant to matters must implement and maintain, 40 day on which it occurred, the Exchange section 19(b)(2) of the Act, that the or be subject to, procedures designed to proposed rule change (SR–NYSEArca– will halt trading no later than the prevent the use and dissemination of beginning of the trading day following 2007–92), as modified by Amendment material, non-public information Nos. 1, 2, and 3 thereto, be, and it the interruption and will commence regarding the applicable underlying delisting proceedings. hereby is, approved on an accelerated index or portfolio. With respect to basis. Surveillance: The Commission notes trading on the Exchange, NYSE Arca has that any Index-Linked Securities stated that, with respect to any issue of For the Commission, by the Division of Market Regulation, pursuant to delegated approved for listing and trading would Commodity-Linked or Currency-Linked authority.41 be subject to the Exchange’s existing Securities, ETP Holders acting as a surveillance procedures governing registered market maker will be Florence E. Harmon, derivative products, as well as restricted, among others, from making Deputy Secretary. procedures the Exchange represents are markets in and trading the components [FR Doc. E7–20330 Filed 10–15–07; 8:45 am] adequate to properly monitor the underlying the Commodity Reference BILLING CODE 8011–01–P trading in such securities during all Asset or Currency Reference Asset, as Exchange trading sessions. The the case may be, or any derivative 38 See supra note 34. Exchange also has represented that it instruments thereof, pursuant to 39 15 U.S.C. 78s(b)(2). will be able to obtain information from 40 Id. other exchanges that are members or 37 See supra note 26. 41 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE may be examined at the places specified and third submission of a fingerprint COMMISSION in Item IV below. The Phlx has prepared card from $35.00 to $30.25. summaries, set forth in sections A, B, [Release No. 34–56622; File No. SR–Phlx– B. Self-Regulatory Organization’s and C below, of the most significant 2007–77] Statement on Burden on Competition aspects of such statements. Self-Regulatory Organizations; The The Exchange does not believe that A. Self-Regulatory Organization’s the proposed rule change will impose Philadelphia Stock Exchange, Inc.; Statement of the Purpose of, and Notice of Filing and Immediate any burden on competition that is not Statutory Basis for, the Proposed Rule necessary or appropriate in furtherance Effectiveness of Proposed Rule Change Change Relating to Web CRD of the purposes of the Act. Fingerprinting Fees 1. Purpose C. Self-Regulatory Organization’s Statement on Comments on the October 5, 2007. Currently, the Exchange’s fee Proposed Rule Change Received From Pursuant to section 19(b)(1) of the schedule includes fees that are imposed Members, Participants or Others Securities Exchange Act of 1934 (the in connection with participation in the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 National Association of Securities No written comments were either notice is hereby given that on October Dealers, Inc. (‘‘NASD,’’ n/k/a/ the solicited or received. 1, 2007, the Philadelphia Stock Financial Industry Regulatory III. Date of Effectiveness of the Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) Authority, Inc., ‘‘FINRA’’) Web Central Proposed Rule Change and Timing for filed with the Securities and Exchange Registration Depository (‘‘Web CRD’’). Commission Action Commission (‘‘Commission’’) the The fingerprinting fees are paid directly proposed rule change as described in to FINRA and vary depending on the The foregoing rule change has become Items I, II, and III below, which Items submission: for a first card submission, effective pursuant to section 19(b)(3)(A) have been substantially prepared by the the fee is $35.00; for a second card of the Act 8 and Rule 19b–4(f)(2) 9 Phlx. The Phlx has designated this submission, the fee is $13.00; and for a thereunder because it establishes or proposal as one establishing or changing third card submission, the fee is $35.00. changes a due, fee, or other charge a due, fee, or other charge applicable For processing fingerprint results for a applicable only to a member. At any only to a member under section member who had prints processed time within 60 days of the filing of such 19(b)(3)(A)(ii) of the Act,3 and Rule through a self-regulatory organization proposed rule change, the Commission 19b–4(f)(2) thereunder,4 which renders and not FINRA, the fee is $13.00. may summarily abrogate such rule change if it appears to the Commission the proposal effective upon filing with FINRA intends to amend the that such action is necessary or the Commission. The Commission is fingerprinting fees effective for appropriate in the public interest, for publishing this notice to solicit fingerprints processed on or after the protection of investors, or otherwise comments on the proposed rule change October 1, 2007, so that the charge for in furtherance of the purposes of the from interested persons. the first and third submission of a Act. I. Self-Regulatory Organization’s fingerprint card will be lowered from Statement of the Terms of Substance of $35.00 to $30.25.5 The fees for IV. Solicitation of Comments the Proposed Rule Change processing a second fingerprint card Interested persons are invited to submission and for processing The Phlx proposes to amend its submit written data, views, and fingerprint cards where the member had arguments concerning the foregoing, fingerprinting fees, which appear on prints processed through a self- Appendix A of its fee schedule, so that including whether the proposed rule regulatory organization and not FINRA change is consistent with the Act. the charge for the first and third will remain at $13.00. submission of a fingerprint card will be Comments may be submitted by any of lowered from $35.00 to $30.25. The Therefore, the Exchange proposes to the following methods: amend its fee schedule to reflect the Exchange also proposes to replace Electronic Comments lower Web CRD fingerprinting fees references to ‘‘NASD’’ on the Exchange’s • fee schedules with references to charged by FINRA. The Exchange also Use the Commission’s Internet ‘‘FINRA.’’ proposes to update its fee schedule to comment form (http://www.sec.gov/ replace references to the NASD with rules/sro.shtml); or The text of the proposed rule change • is available at the Exchange, the references to FINRA. Send an e-mail to rule- [email protected]. Please include File Commission’s Public Reference Room, 2. Statutory Basis and at http://www.phlx.com. No. SR–Phlx–2007–77 on the subject The Exchange believes that its line. II. Self-Regulatory Organization’s proposal to amend its schedule of fees Statement of the Purpose of, and Paper Comments is consistent with section 6(b) of the Statutory Basis for, the Proposed Rule • Send paper comments in triplicate Act 6 in general, and furthers the Change to Nancy M. Morris, Secretary, objectives of section 6(b)(4) of the Act 7 Securities and Exchange Commission, In its filing with the Commission, the in particular. The Exchange believes Station Place, 100 F Street, NE., Phlx included statements concerning that it is an equitable allocation of Washington, DC 20549–1090. the purpose of, and basis for, the reasonable fees and other charges among proposed rule change and discussed any Exchange members because it will All submissions should refer to File comments it received on the proposed reflect FINRA’s reduction for the first Number SR–Phlx–2007–77. This file rule change. The text of these statements number should be included on the subject line if e-mail is used. To help the 5 See FINRA Information Notice titled 1 15 U.S.C. 78s(b)(1). ‘‘Fingerprint Processing Fees’’ dated September 20, Commission process and review your 2 17 CFR 240.19b–4. 2007. 3 15 U.S.C. 78s(b)(3)(A)(ii). 6 15 U.S.C. 78f(b). 8 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(2). 7 15 U.S.C. 78f(b)(4). 9 17 CFR 240.19b–4(f)(2).

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comments more efficiently, please use have been substantially prepared by the listing market for certain Structured only one method. The Commission will Exchange. The Commission is Equity Products. post all comments on the Commission’s publishing this notice to solicit The Phlx has long had a series of rules Internet Web site (http://www.sec.gov/ comments on the proposed rule change (the ‘‘800 Series’’) that create standards rules/sro.shtml). Copies of the from interested persons. regarding both the security to be listed submission, all subsequent and traded on Phlx, as well as regarding amendments, all written statements I. Self-Regulatory Organization’s the issuer of the security. In order to with respect to the proposed rule Statement of the Terms of Substance of attract the listing of the Structured change that are filed with the the Proposed Rule Change Equity Products, Phlx proposes Commission, and all written The Phlx proposes to update its rules modifications to the 800 Series to communications relating to the regarding the listing of equity securities. accommodate the specific attributes of proposed rule change between the Specifically, the Exchange proposes to many structured equity securities. Commission and any person, other than modify Phlx Rule 802, Rule 806 (Initial Phlx Rule 802. Phlx Rule 802 those that may be withheld from the Public Offerings), Rule 807 (Registration identifies factors to be evaluated by the public in accordance with the Under the Exchange Act), and Rule 837 Exchange when reviewing and provisions of 5 U.S.C. 552, will be (Annual Reports). The Phlx Fee preparing its confidential listing available for inspection and copying in Schedule will also be amended to add opinion as to the eligibility of an the Commission’s Public Reference initial and continued listing fees for applicant’s securities. Among other Room, 100 F Street, NE., Washington, certain structured equity securities on things, Phlx Rule 802 currently states DC 20549, on official business days the Exchange (‘‘Structured Equity that the applicant company must be a between the hours of 10 a.m. and 3 p.m. Products’’).3 The text of the proposed ‘‘going concern.’’ 4 The proposed rule Copies of such filing also will be rule change is available at the change would delete the ‘‘going available for inspection and copying at Commission’s Public Reference Room, concern’’ requirement in order to the principal office of the Phlx. All at the Exchange, and at http:// remove uncertainty as to whether a comments received will be posted www.Phlx.com. Structured Equity Product qualifies as a without change; the Commission does ‘‘going concern.’’ The Exchange believes not edit personal identifying II. Self-Regulatory Organization’s that the existing listing standards in information from submissions. You Statement of the Purpose of, and Phlx Rule 803(a)(2) for traditional should submit only information that Statutory Basis for, the Proposed Rule operating companies should sufficiently you wish to make available publicly. All Change satisfy the ‘‘going concern’’ requirement submissions should refer to File In its filing with the Commission, the for such other equity products that may Number SR–Phlx–2007–77 and should Exchange included statements become listed on the Exchange. be submitted on or before November 6, concerning the purpose of, and basis for, Phlx Rule 806. Phlx Rule 806 permits 2007. the proposed rule change, and discussed new issues of securities to be listed on the Exchange on the day that the For the Commission, by the Division of any comments it received on the Market Regulation, pursuant to delegated proposed rule change. The text of these registration statement is effective with authority.10 statements may be examined at the the SEC, or upon effectiveness of the Florence E. Harmon, places specified in Item IV below. The registration statement or equivalent document if registration with the SEC is Deputy Secretary. Exchange has prepared summaries, set not required. However, the issuer must forth in Sections A, B, and C below, of [FR Doc. E7–20329 Filed 10–15–07; 8:45 am] meet certain initial listing criteria. BILLING CODE 8011–01–P the most significant aspects of such The proposed rule change would statements. classify the two paragraphs of Phlx Rule 806 as (a) and (b). In addition, the SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s proposed rule change would provide an COMMISSION Statement of the Purpose of, and Statutory Basis for, the Proposed Rule exclusion for Structured Equity [Release No. 34–56626; File No. SR–Phlx– Change Products from Phlx Rule 806(b), which 2007–60] includes certain requirements relating to 1. Purpose the distribution of new issues. This Self-Regulatory Organizations; The purpose of the proposed rule amendment would reflect the fact that Philadelphia Stock Exchange, Inc.; change is to permit the Exchange to distributors of Structured Equity Notice of Filing of a Proposed Rule update certain of its listing rules and Products generally make informal Change Relating to Structured Equity fees in order to attract the listing of arrangements with dealers prior to going Products Structured Equity Products. Currently, effective to provide assurance that October 5, 2007. the vast majority of equity securities sufficient creation units will be Pursuant to Section 19(b)(1) of the that trade on the Phlx are listed on other purchased from the issuer to meet the Securities Exchange Act of 1934 exchanges and traded on the Phlx minimum listing requirements. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 pursuant to unlisted trading privileges Phlx Rule 807. Phlx Rule 807 requires notice is hereby given that on August (‘‘UTP’’). This allows the Exchange to that securities approved for listing by 14, 2007, the Philadelphia Stock compete for the trading volume of a the Exchange must be registered under Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) security. However, the Phlx now intends to actively pursue serving as the 4 ‘‘Going concern’’ refers to the ability of the filed with the Securities and Exchange applicant to meet its current obligations with cash Commission (‘‘Commission’’) the or other assets that can be quickly converted into proposed rule change as described in 3 For purposes of this proposed rule change, cash. If the applicant is not able to meet its current Items I, II, and III below, which Items Structured Equity Products are securities listed obligations, the ability of that applicant being able pursuant to the categories in Phlx Rule 803 entitled to continue to operate is in doubt. See email from Other Securities, Equity Linked Notes, Basket John Dayton, Director and Counsel, Phlx, to 10 17 CFR 200.30–3(a)(12). Linked Notes, Index Linked Exchangeable Notes Ronesha Butler, Special Counsel, Division of 1 15 U.S.C. 78s(b)(1). and Index Linked Securities. See Phlx Rule 803(f), Market Regulation, Commission, dated September 2 17 CFR 240.19b–4. (h), (k), (m) and (n). 14, 2007.

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Section 12(b) of the Act.5 In addition, proposed original listing fee and III. Date of Effectiveness of the Phlx Rule 807 provides that securities proposed continuing listing fee are Proposed Rule Change and Timing for registered under 12(g) of the Act,6 or reasonable in light of Amex’s original Commission Action 8 9 that have recently been the subject of a listing fee and annual fee for Within 35 days of the date of public offering registered under the Structured Equity Products. publication of this notice in the Federal Securities Act of 1933, may be 2. Statutory Basis Register or within such longer period (i) registered for exchange trading under The Exchange believes that its as the Commission may designate up to Section 12(b) of the Act through the 90 days of such date if it finds such filing of SEC Form 8–A. The proposed proposal is consistent with Section 6(b) longer period to be appropriate and rule change would update Phlx Rule of the Act 10 in general, and furthers the publishes its reasons for so finding or 807 to reflect the fact that registration of objectives of Section 6(b)(5) of the Act 11 (ii) as to which the Exchange consents, securities on Form 8–A automatically in particular, in that it is designed to the Commission will: becomes effective within 30 days of promote just and equitable principles of A. By order approve such proposed filing. The Exchange states that the trade, to remove impediments to and rule change, or proposed amendments to Phlx Rule 807 perfect the mechanism of a free and B. Institute proceedings to determine are substantially similar to a open market and a national market whether the proposed rule change corresponding provision in Section 210 system, and, in general, to protect should be disapproved. of the American Stock Exchange investors and the public interest, by (‘‘Amex’’) Company Guide. modifying Exchange rules relating to the IV. Solicitation of Comments Phlx Rule 837. Phlx Rule 837 requires listing of Structured Equity Products. In Interested persons are invited to listed companies to provide their addition, the Exchange believes that its submit written data, views, and shareholders with annual reports proposal furthers the objectives of arguments concerning the foregoing, containing audited financial statements Section 6(b)(4) of the Act 12 in including whether the proposed rule of the company and its subsidiaries at particular, in that the proposed original change is consistent with the Act. least 10 days prior to the annual listing fee and proposed continuing meeting of shareholders and not later listing fee are an equitable allocation of Comments may be submitted by any of than four months after the close of the reasonable fees and other charges among the following methods: company’s last preceding fiscal year. It Exchange members and issuers and Electronic Comments further states that three copies of the other persons using its facilities.13 • Use the Commission’s Internet report must be filed with the Exchange B. Self-Regulatory Organization’s comment form (http://www.sec.gov/ at the time it is distributed to Statement on Burden on Competition rules/sro.shtml ); or shareholders. The proposed rule change • Send an e-mail to rule- would amend Phlx Rule 837 to provide The Exchange does not believe that [email protected]. Please include File that any annual report that is required the proposed rule change will impose Number SR–Phlx–2007–60 on the to be sent to the Exchange will be any burden on competition that is not subject line. deemed sent if it is filed on EDGAR. The necessary or appropriate in furtherance Exchange states that this amendment of the purposes of the Act. Paper Comments would make Phlx Rule 837 consistent C. Self-Regulatory Organization’s • Send paper comments in triplicate with the corresponding provision in Statement on Comments on the to Nancy M. Morris, Secretary, Section 1101 of the Amex Company Proposed Rule Change Received From Securities and Exchange Commission, Guide. Members, Participants, or Others 100 F Street, NE., Washington, DC Fees. For Structured Equity Products, 20549–1090. the Exchange will charge an original No written comments were either listing fee of $5,000, then charge a $500 solicited or received. All submissions should refer to File per month continuing listing fee for Number SR–Phlx–2007–60. This file each month thereafter. For example, believes that it is reasonable and appropriate to number should be included on the begin charging the proposed continuing listing fee subject line if e-mail is used. To help the when an issuer lists a Structured Equity to Morgan Stanley for these two products in January Products, the Exchange will bill the 2008 (in contrast to new products that would begin Commission process and review your issuer $5,000 in the month of original to pay the proposed fee in the month subsequent comments more efficiently, please use listing. Beginning in the subsequent to initial listing) because Morgan Stanley was only one method. The Commission will invoiced the current annual continuing listing fee post all comments on the Commission’s month, the Exchange will invoice the for 2007 and could have reasonably expected that issuer $500 per month until such time this current fee would cover their obligation for Internet Web site (http://www.sec.gov/ as the product is delisted. Therefore, the these two products through the end of 2007. rules/sro.shtml ). Copies of the maximum listing fee an issuer of a 8 Amex’s original listing fee for Structured Equity submission, all subsequent Structured Equity Products could pay in Products (Securities Listed under Section 107 amendments, all written statements (Other Products)) begins at $5,000 and may be as with respect to the proposed rule any one calendar year would be much as $45,000 based on the number of shares to $10,500.7 The Exchange believes that its be listed. See Section 140 of the Amex Company change that are filed with the Guide. Commission, and all written 5 15 U.S.C. 78l(b). 9 Amex’s annual fee for Structured Equity communications relating to the 6 15 U.S.C. 78l(g). Products (Securities Listed under Section 107 proposed rule change between the (Other Products)) begins at $15,000 and may be as 7 The Exchange currently lists two Structured much as $30,000 based on the number of shares Commission and any person, other than Equity Products, Pharmaceutical Basket outstanding. See Section 141 of the Amex Company those that may be withheld from the Opportunity Exchangeable Securities and Guide. Biotechnology Basket Opportunity Exchangeable public in accordance with the 10 Securities. The issuer for these securities, Morgan 15 U.S.C. 78f(b). provisions of 5 U.S.C. 552, will be Stanley, was invoiced the current annual 11 15 U.S.C. 78f(b)(5). available for inspection and copying in continuing listing fee of $1,250 for the first product 12 15 U.S.C. 78f(b)(4). the Commission’s Public Reference and $250 for the second product in January 2007. 13 See e-mail from John Dayton, Director and The Exchange believes that, for these two products, Counsel, Phlx, to Christopher W. Chow, Special Room, 100 F Street, NE., Washington, the proposed $500 per month continuing listing fee Counsel, Division of Market Regulation, DC 20549, on official business days should begin in January 2008. The Exchange Commission, dated October 5, 2007. between the hours of 10 a.m. and 3 p.m.

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Copies of such filing also will be ADDRESSES: Send all comments advising. All other terms and conditions available for inspection and copying at regarding whether this information of the original solicitation remain the the principal office of the Exchange. All collection is necessary for the proper same. comments received will be posted performance of the function of the For questions about this amendment, without change; the Commission does agency, whether the burden estimates contact: Henry Scott, ECA/A/S/A, Room not edit personal identifying are accurate, and if there are ways to 349, U.S. Department of State, 301 4th information from submissions. You minimize the estimated burden and Street, SW., Washington, DC 20547, should submit only information that enhance the quality of the collection, to telephone: 202–453–8883, fax: 202– you wish to make available publicly. All Sandy Johnston, Program Analyst, 453–8890, e-mail: [email protected]. submissions should refer to File Office of Financial Assistance, Small Include a reference to Funding Number SR–Phlx–2007–60 and should Business Administration, 409 3rd Street, Opportunity Number ECA/A/S/A–08– be submitted on or before November 6, SW., Suite 8300, Washington, DC 20416. 06. 2007. FOR FURTHER INFORMATION CONTACT: Gail Additional Information: The For the Commission, by the Division of Hepler, Chief 7a Loan Policy Branch, announcement for EducationUSA Market Regulation, pursuant to delegated Office of Financial Assistance, 202– Advising Services in Eurasia was authority.14 205–7528, [email protected]; originally announced in the Federal Florence E. Harmon, Curtis B. Rich, Management Analyst, Register, Volume 72, Number 187 on Secretary. 202–205–7030, [email protected].. September 27, 2007. [FR Doc. E7–20358 Filed 10–15–07; 8:45 am] SUPPLEMENTARY INFORMATION: Dated: October 9, 2007. BILLING CODE 8011–01–P Title: ‘‘Personal Financial Statement.’’ C. Miller Crouch, Description of Respondents: Acting Assistant Secretary, Bureau of Applicants for an SBA Loan. Educational and Cultural Affairs, Department SMALL BUSINESS ADMINISTRATION Form No: 413. of State. Annual Responses: 148,788. [FR Doc. E7–20369 Filed 10–15–07; 8:45 am] Data Collection Available for Public Annual Burden: 223,182. BILLING CODE 4710–05–P Comments and Recommendations Title: ‘‘Applications for Business Loans.’’ ACTION: Notice and request for Description of Respondents: DEPARTMENT OF TRANSPORTATION comments. Applicants for an SBA Loan. Form No’s: 4, 4Sch, 4-Short, 4I. SUMMARY: In accordance with the Pipeline and Hazardous Materials Paperwork Reduction Act of 1995, this Annual Responses: 51,000. Safety Administration notice announces the Small Business Annual Burden: 530,000. Office of Hazardous Materials Safety; Administration’s intentions to request Title: ‘‘Secondary Participation Actions on Special Permit Applications approval on a new and/or currently Guaranty Agreement.’’ Description of Respondents: SBA approved information collection. AGENCY: participating Lenders. Pipeline and Hazardous DATES: Submit comments on or before Form No’s: 1502, 1086. Materials Safety Administration December 17, 2007. Annual Responses: 14,000. (PHMSA), DOT. ADDRESSES: Send all comments Annual Burden: 42,000. ACTION: Notice of actions on special regarding whether this information permit applications. collection is necessary for the proper Jacqueline White, performance of the function of the Chief, Administrative Information Branch. SUMMARY: In accordance with the agency, whether the burden estimates [FR Doc. E7–20338 Filed 10–15–07; 8:45 am] procedures governing the application are accurate, and if there are ways to BILLING CODE 8025–01–P for, and the processing of, special minimize the estimated burden and permits from the Department of enhance the quality of the collection, to Transportation’s Hazardous Material Gail Hepler, Chief 7a Loan Policy DEPARTMENT OF STATE Regulations (49 CFR part 107, subpart Branch, Office of Financial Assistance, B), notice is hereby given of the actions Small Business Administration, 409 3rd [Public Notice 5959] on special permits applications in (June to September 2007). The mode of Street, SW., Suite 8300, Washington, DC Bureau of Educational and Cultural 20416. transportation involved are identified by Affairs EducationUSA Advising a number in the ‘‘Nature of FOR FURTHER INFORMATION CONTACT: Gail Services in Eurasia and Central Asia; Hepler, Chief 7a Loan Policy Branch, Application’’ portion of the table below Notice: Amendment to Original as follows: 1—Motor vehicle, 2—Rail Office of Financial Assistance, 202– Request for Proposals (RFGP) 205–7530, [email protected]; Curtis B. freight, 3—Cargo vessel, 4—Cargo Rich, Management Analyst, 202–205– Summary: The United States aircraft only, 5—Passenger-carrying 7030, [email protected]. Department of State, Bureau of aircraft. Application numbers prefixed by the letters EE represent applications SUPPLEMENTARY INFORMATION: Educational and Cultural Affairs, for Emergency Special Permits. It Title: ‘‘Gulf Coast Relief Financing announces an amendment to the RFGP should be noted that some of the Pilot Information Collection’’. for EducationUSA Advising Services in sections cited were those in effect at the Description of Respondents: Small Eurasia and Central Asia (ECA/A/S/A– time certain special permits were Businesses devastated by Hurricanes 08–06). issued. Katrina and Rita. In Section II, in ‘‘Award Information,’’ Form No’s: 2276 A/B/C, 2281, 2282. Moldova should be included in the list Issued in Washington, DC, on October 10, Annual Responses: 500. of countries in Eurasia, as outlined in 2007. Annual Burden: 375. the Executive Summary of the RFGP, in Delmer F. Billings, which applicant organizations may Director, Office of Hazardous Materials 14 17 CFR 200.30–3(a)(12). propose to support educational Special Permits and Approvals.

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

MODIFICATION SPECIAL PERMIT GRANTED

11666–M ...... Alcoa, Inc., Pittsburgh, 49 CFR 173.240(b) ...... To modify the special permit to authorize the PA. transportation of graphite products, as a Class 9 material, in non-UN standard bulk packaging strapped to wooden pallets on flat railcars. 12643–M ...... RSPA–9066 Northrop Grumman, 49 CFR 173.302 and 175.3 ... To modify the special permit to authorize an in- Space Technology, crease in design volume for the pulse tube Redondo Beach, CA. cooler up to 980 cc water capacity when shipped inside a strong, foam-filled shipping container. 12306–M ...... RSPA–5956 Griffin Pipe Products 49 CFR part 172, subparts C, To modify the special permit to authorize addi- Co., Lynchburg, VA. F. tional Class 3 hazardous materials. 14287–M ...... PHMSA–23247 Troxler Electronic Lab- 49 CFR 173.431 ...... To modify the special permit to authorize cargo oratories, Inc., Re- vessel as an additional mode of transportation. search Triangle Park, NC. 13179–M ...... RSPA–14876 Clean Harbors Environ- 49 CFR 173.21; 173.308 ...... To modify the special permit to authorize the use mental Services, of an alternative shipping description and haz- Norwell, MA. ard class for the Division 2.1 materials being transported to a disposal facility. 13598–M ...... RSPA–18706 Jadoo, Folsom, CA ...... 49 CFR 173.301(a)(1), (d) To modify the special permit to authorize pas- and (f). senger carrying aircraft as an additional mode of transportation. 7945–M ...... Pacific Scientific, Duarte, 49 CFR 173.304(a)(1); 175.3 To modify the special permit to authorize addi- CA. tional 2.2 hazardous materials in non-DOT specification cylinders. 13556–M ...... RSPA–17727 Stericycle Lake Forest, 49 CFR 172.301(a)(1); To modify the special permit to authorize trans- IL. 172.301(c). portation in commerce of a Division 6.2 material in packagings marked with an outdated proper shipping name. 12046–M ...... RSPA–3614 University of Colorado at 49 CFR 171 to 178 ...... To modify the special permit to authorize addi- Denver Health tional academic/health institutions which are af- Sciences Center, Au- filiated with UCDHSC and located within a forty rora, CO. mile radius of the Aurora Campus. 14250–M ...... PHMSA–25473 Daniels Sharpsmart, 49 CFR 172.301(a)(1); To reissue the special permit originally issued on Inc., Dandenong, Aus- 172.301(c). an emergency basis for the transportation in tralia. commerce of a Division 6.2 material in pack- agings marked with an unauthorized proper shipping name. 12030–M ...... RSPA–3389 East Penn Manufac- 49 CFR 173.159(h) ...... To modify the special permit to authorize cargo turing Company, Inc., vessel and cargo air as approved modes of Lyon Station, P A. transportation. 12084–M ...... RSPA–3941 Honeywell International, 49 CFR 180.209 ...... To modify the special permit to authorize the Inc., Morristown, NJ. transportation in commerce of additional Divi- sion 2.2 gases in DOT 4B, 4BA and 4BW cyl- inders. 12207–M ...... RSPA–5047 EMD Chemicals, Inc., 49 CFR 171.1(a)(1); To modify the special permit to increase the size Cincinnati, OH. 172.200(a); 172.302(c). of the containers from 250 gallons to 331 gal- lons and to increase the quantity allowed on a pallet from 24 to 35. 12283–M ...... RSPA–5767 Interstate Battery of 49 CFR 173 .159(c)(1); To modify the special permit to authorize medium Alaska, Anchorage, 173.159(c). density polyethylene boxes as authorized pack- AK. aging. 14333–M ...... PHMSA–24382 The Columbiana Boiler 49 CFR 179.300–13(b) ...... To modify the special permit to authorize the Co., Columbiana, OH. transportation in commerce of additional Divi- sion 6.1, Class 8 and other hazardous materials authorized in DOT Specification 4BW cylinder in DOT Specification 110A500W tank car tanks. 14355–M ...... PHMSA–25012 Honeywell International 49 CFR 173.31(b)(3); To reissue the special permit originally issued on Inc., Morristown, NJ. 173.31(b)(4). an emergency basis for the transportation in commerce of nine DOT Specification 112 tank cars without head and thermal protection for use in transporting certain Division 2.2 material by extending the date for retrofitting beyond July 1, 2006. 11379–M ...... TR W Occupant Safety 49 CFR 173.301(h), 173.302 To modify the special permit for consistency with Systems, Washington, other air bag special permits. MI.

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

11494–M ...... ARC Automotive, Inc. 49 CFR 173.301(h); 173.302; To modify the special permit for consistency with (Former Grantee: At- 173.306(d)(3). other air bag special permits. lantic Research Corp. Automotive Products Group), Knoxville, TN. 11506–M ...... Autoliv ASP, Inc., 49 CFR 173.301(h); 173.302 To modify the special permit for consistency with Ogden, UT. other air bag special permits. 11650–M ...... Autoliv ASP, Inc., 49 CFR 173.301; 173.302; To modify the special permit for consistency with Ogden, UT. 178.65–9. other air bag special permits. 11777–M ...... RSPA–15902 Autoliv ASP, Inc., 49 CFR 173.301(h); 173.302 To modify the special permit for consistency with Ogden, UT. other air bag special permits. 11993–M ...... RSPA–3100 Key Safety Systems, Inc. 49 CFR 173.301(a)(1); To modify the special permit for consistency with (formerly BREED 173.302a. other air bag special permits. Tech.) Lakeland, FL. 12122–M ...... RSPA–4313 ARC Automotive, Inc., 49 CFR 173.301(h); 173.302; To modify the special permit for consistency with Knoxville, TN. 173.306(d)(3). other air bag special permits. 12844–M ...... RSPA–10753 Delphi Corporation, 49 CFR 173.301(a)(1); To modify the special permit for consistency with Vandalia, OH. 173.302a(a)(1); 175.3. other air bag special permits. 13270–M ...... RSPA–16489 Takata Corporation 49 CFR 173.301(a); To modify the special permit for consistency with Minato-Ku Tokyo, 173.302(a); 175.3. other air bag special permits. 106–8510. 14152–M ...... PHMSA–20467 Saes Pure Gas, Inc., 49 CFR 173.187 ...... To modify the special permit to authorize a San Luis Obispo, CA. change in the minimum and maximum pres- sures authorized in a non-DOT specification packaging for transporting certain quantities of metal catalyst, classed as Division 4.2. 10019–M ...... Structural Composites 49 CFR 173.302(a)(1); 175.3 To modify the special permit to change the retest Industries, Pomona, period from 3 to 5 years for non-DOT specifica- CA. tion fiber reinforced plastic full composite cyl- inders used for the transportation of Division 2.2 materials. 6610–M ...... Degussa Initiators, LLC, 49 CFR 173.225(e) ...... To modify the special permit to authorize the Elyria, OH. transportation in commerce of an additional Di- vision 5.2 Type F material. 10143–M ...... Eurocom, Inc., Irving, TX 49 CFR 173.306(a); 178.33a To modify the exemption to authorize the trans- portation of additional Division 2.2 materials in a non-refillable non-DOT specification inside metal container. 6530–M ...... Air Products & Chemi- 49 CFR 173.302(c) ...... To modify the special permit to authorize an in- cals, Inc., Allentown, crease in the maximum age of certain DOT PA. Specification 3A, 3AA, 3AX or 3AAX steel cyl- inders and authorize cargo vessel as a mode of transportation. 11380–M ...... Baker Atlas (a division of 49 CFR 173.34(d); 178.37–5; To modify the special permit to authorize a new Baker Hughes, Inc.), 178.37–13; 178.37–15. non-DOT specification tank assembly design. Houston, TX. 14232–M ...... PHMSA–22248 Luxfer Gas Cylinders— 49 CFR 173.302a(a), To modify the special permit to authorize an in- Composite Cylinder 173.304a(a), and 180.205. crease in service life to 30 years for certain car- Division, Riverside, CA. bon composite cylinders for transporting certain Division 2.1 and 2.2 gases. 10590–M ...... ITW/Sexton, Decatur, AL 49 CFR 173.304(d)(3)(ii); To modify the special permit to authorize the 178.33. transportation in commerce of certain Division 2.1 gases in non-DOT specification cylinder with a smaller diameter and wall thickness than currently authorized. 12124–M ...... RSPA–4309 TOTAL Petrochemicals 49 CFR 173.242; 178.245– To modify the special permit to authorize a new USA Inc., Pasadena, 1(c); 178.245–1(d)(4). non-DOT specification portable tank com- TX. parable to a specification DOT 51 portable tank equipped with vertical outlet and no internal shutoff valve for use in transporting Division 4.2 and 4.3 hazardous materials. 11917–M ...... RSPA–2741 ITW Sexton, Decatur, AL 49 CFR 173.304(a) ...... To modify the special permit to authorize a de- crease in height of the non-DOT specification, non-refillable steel cylinders for the transpor- tation of Division 2.1 materials. 11383–M ...... NASA, Washington, DC 49 CFR 173.40(a) & (c); To modify the special permit to authorize addi- 173.158(b), (g), (h); tional trade names for UN1975. 173.192(a); 173.336.

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

13173–M ...... RSPA–14003 Dynetek Industries LTD, 49 CFR 173.302(a); 175.3..... To modify the special permit to authorize the Calgary, AB. manufacture, mark, sale and use of DOT– CFFC specification fully wrapped carbon fiber reinforced aluminum lined cylinders mounted in protective enclosures for use in transporting Di- vision 2.1 and 2.2 hazardous materials. 7235–M ...... Luxfer Gas Cylinders, 49 CFR 173.302(a)(1); 175.3 To modify the special permit to authorize the Riverside, CA. transportation in commerce of an additional Di- vision 2.2 gas in DOT-specification cylinders. 12574–M ...... RSPA–8318 Luxfer Gas Cylinders, 49 CFR 172.302(c)(2), (3), To modify paragraph 7.b.(2) of the special permit Riverside, CA. (4), (5); Subpart F of Part to authorize requalification of a certain type of 180. composite cylinder that is manufactured with permanent composite bands without removal of these bands. These specification cylinders are used for life saving equipment such as aircraft slides which are required to have such bands. 11859–M ...... RSPA–2310 Carleton Technologies 49 CFR 178.65 ...... To modify the special permit to authorize the Inc., New York, NY. transportation of an additional Division 2.2 gas in a non-DOT specification pressure vessel. 14400–M ...... PHMSA–25820 Ultra Electronics Preci- 49 CFR 172.301, 172.400, To modify the special permit to correct what the sion Air Systems, Al- 173.306, 175.26. company states was an editorial error and exandria, VA. change the cylinder design operational life from 20 to 30 years. 12087–M ...... RSPA–3943 LND, Inc., Oceanside, 49 CFR 172.101, Co. 9; To modify the special permit to authorize a piece NY. 173.306; 175.3. of equipment as a strong outer packaging. 14392–M ...... Department of Defense, 49 CFR 172.101 Column To reissue the special permit originally issued on Ft. Eustis, VA. (10B); 176.65, an emergency basis for the transportation in 176.83(a)(b)(g), commerce of explosives by vessel in an alter- 176.84(c)(2); 176.136; and native stowage configuration. 176.144(a). 8915–M ...... Matheson Tri Gas, East 49 CFR 173.302a(a)(3); To modify the special permit to authorize the Rutherford, NJ. 173.301(d); 173.302a(a)(5). transportation in commerce of additional Divi- sion 2.1 materials in DOT Specification 3A, 3AA, 3AX, 3AAX and 3T cylinders. 10656–M ...... Conf. of Radiation Con- 49 CFR 172.203(d); Part 172, To modify the special permit to authorize addi- trol Program Directors, Subparts C, D, E, F, G. tional modifying symbols to be added to the Inc., Frankfort, KY. postal designation for the state of origin of the shipment. 14466–M ...... PHMSA 27095 Northern Air Cargo, An- 49 CFR 172.101 Column (9B) To reissue the special permit originally issued on chorage, AK. an emergency basis for the transportation in commerce of certain Class 1 explosive mate- rials which are forbidden for transportation by air, to be transported by cargo aircraft within the State of Alaska when other means of trans- portation are impracticable or not available. 12274–M ...... RSPA 5707 Snow Peak, Inc, 49 CFR 172.301, To modify the special permit to authorize larger Clackamas, OR. 173.302a(b)(2), (b)(3) and non-DOT specification nonrefillable inside con- (b)(4); 180.205(c) and (g) tainers. and 180.209(a). 12571–M ...... RSPA–8315 Air Products & Chemi- 49 CFR 173.304(a)(2); To modify the special permit to authorize mark- cals, Inc., Allentown, 180.209. ings on the sides of the trailers rather than on PA. each individual tube. 10885–M ...... U.S. Department of En- 49 CFR 172.101 Col. 9(b); To modify the special permit to authorize the ergy, Washington, DC. 172.204(c)(3); 173.27(b)(2); transportation in commerce of additional haz- 173.27(f) Table 2; ardous materials and to provide relief from seg- 175.30(a)(1); 173.27(b)(3). regation by highway. 13167–M ...... ITT Industries Space 49 CFR 173.301(f); 173.304 .. To modify the special permit to authorize an addi- Systems, LLC, Roch- tional non-DOT specification packaging. ester, NY. 11993–M ...... RSPA–3100 Key Safety Systems, Inc. 49 CFR 173.301(a)(1); To modify the special permit to authorize a new (formerly BREED 173.302a. design pressure vessel. Tech.), Lakeland, FL. 8627–M ...... Nalco Energy Services, 49 CFR 173.201; 173.202; To modify the special permit to authorize the L.P., Naperville, IL. 173.203. transportation of Division 6.1, PG III materials in non-DOT specification portable tanks manifolded together within a frame and se- curely mounted on a truck chassis. 14415–M ...... PHMSA–27694 Prometheus Inter- 49 CFR 173.21, 173.24, To reissue the special permit originally issued on national, Inc., Com- 173.27, 173.308, 175.5, an emergency basis for the transportation in merce, CA. 175.10, 175.30, 175.33. commerce of gas and liquid fueled Prometheus lighters in special travel containers in checked luggage in commercial passenger aircraft.

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

7835–M ...... Air Products & Chemi- 49 CFR 177.848(d) ...... To modify the special permit to authorize the use cals, Inc., Allentown, of an E track system as an approved method PA. for securing cylinders transporting various haz- ardous materials. 14382–M ...... PHMSA–25482 BOC Gases, Murray Hill, 49 CFR 173.163, 180.209 ..... To modify the special permit to specifically define NJ. the filling capacity of certain DOT Specification 3BN nickle cylinders containing either tungsten hexafluoride and hydrogen fluoride. 14155–M ...... PHMSA–20606 American Promotional 49 CFR 173.60; 178.516(b)(1) To modify the special permit to authorize the Events, Inc., Florence, transportation in commerce of certain fireworks AL. in DOT specification single wall fiberboard boxes. 12122–M ...... RSPA–4313 ARC Automotive, Inc., 49 CFR 173.301(h); 173.302; To modify the special permit to allow machine Knoxville, TN. 173.306(d)(3). welding as certified per CGA phamphlet C–3 requirements, and to grant relief from the mark- ing requirements of CFR 178.65(i)(2)(viii) due to the limited size for the cylinders. 7946–M ...... Imaging & Sensing 49 CFR 173.306(6)(4); 175.3; To modify the special permit to authorize the Technology, Horse- 173.302. transportation in commerce of additional Divi- heads, NY. sion 2.2 materials in non-DOT specification steel or aluminum pressure vessels contained in a radiation detector. 12005–M ...... RSPA–3233 Pratt & Whitney 49 CFR 173.302 ...... To modify the special permit to authorize the Rocketdyne, Inc, transportation in commerce of a specially de- Canoga Park, CA. signed unit equipped with an unvented cylinder charged with xenon gas, Division 2.2, as part of a space station project. 10631–M ...... Dept of the Army—Sur- 49 CFR 173.243; 173.244 ..... To modify the special permit to authorize an addi- face Deployment and tional shipping description and to update var- Distr. Command, Fort ious paragraphs to coincide with the Hazardous Eustis, VA. Materials Regulations as currently written. 11156–M ...... Dyno Nobel, Inc., Salt 49 CFR 173.62; 173.212(b) ... To modify the special permit to authorize cargo Lake City, UT. vessel as an authorized mode of transport. 13548–M ...... RSPA–17545 Wiley Rein LLP, Wash- 49 CFR 172.301(c), 173.159 To modify the special permit to authorize the ington, DC. transportation in commerce of dry lead acid bat- teries without marking each package with the special permit number. 14396–M ...... PHMSA–25783 Matheson Tri–Gas, Par- 49 CFR 173.192(a) ...... To reissue the special permit originally issued on sippany, NJ. an emergency basis for the transportation in commerce of certain Division 2.3 gases in cer- tain DOT specification and non-DOT specifica- tion cylinders not normally authorized for cargo vessel transportation, for export only. 10442–M ...... Pratt & Whitney 49 CFR 172.101; 173.65; To modify the special permit to authorize the Rocketdyne (PWR) 173.95; 173.154. transportation in commerce of certain Division (Former Grantee: 1.1D and 1.3C waste materials in UN11G fiber- United Technologies board boxes and UN11D plywood crates. Corporation), San Jose, CA. 14393–M ...... PHMSA–25797 Hamilton Sundstrand 49 CFR 173.306(e)(iii), (iv), To modify the special permit to authorize an in- Windsor Locks, CT. (v) and (vi); crease in the maximum size of the cylinders in- 173.307(a)(4)(iv). tegrated in the cooling unit. 11215–M ...... Orbital Sciences Cor- 49 CFR Part 172, Subparts To modify the special permit to authorize the poration, Mojave, CA. C, D; 172.101, Special Pro- transportation in commerce of additional Divi- vision 109. sion 1.4B, 1.4C explosives and Division 2.2 gases and to establish alternative landing sites. 14488–M ...... Sanofi Pasteur, 49 CFR 173.24(b)(1) ...... To reissue the special permit originally issued on Swiftwater, PA. an emergency basis for the transportation in commerce of an influenza vaccine in a custom stainless steel batch reactor at a constant pres- sure of 1–5 psig by use of a cylinder feeding air into the reactor. 12399–M ...... RSPA–6769 BOC Gases, Murray Hill, 49 CFR 173.34(e)(1); To modify the special permit to authorize removal NJ. 173.34(e)(3); 173.34(e)(4); of a test procedure for cylinders no longer in 173.34(e)(8); 173.34(e)(14); use by the applicant. 173.34(e)(15)(vi). 14476–M ...... PHMSA–27282 BP Products North 49 CFR 173.202, 173.203, To reissue the special permit originally issued on America, Inc. (formerly 173.312, and 173.213. an emergency basis for the transportation in BP Amoco Oil), Texas commerce of certain hazardous materials in City, TX. non-DOT specification heat exchanger pressure vessels and heat exchanger tube bundles.

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

14418–M ...... PHMSA–26182 Department of Defense, 49 CFR 172.301; 172.400; To reissue the special permit originally issued on Ft. Eustis, VA. 172.504(a). an emergency basis for the transportation in commerce of a water reactive material in spe- cial packging as Unitized Group Ration–Ex- press (UGR–E) without being subject to Sub- chapter C of the Hazardous Materials Regula- tions. 5022–M ...... Alliant TechSystems 49 CFR 174.101(L); To modify the special permit to authorize the Inc., Plymouth, MN. 174.104(d); 174.112(a); transportation in commerce of an additional Di- 177.834(l)(1). vision 1.2 explosive. 14478–M ...... PHMSA–28182 Pilkington North Amer- 49 CFR 178.603 ...... To reissue the special permit originally issued on ica, Inc., Northwood, an emergency basis to authorize the alternative OH. testing of custom manufactured containers that will be used to transport flammable solids, or- ganic, n.o.s. (ferrocene). 10043–M ...... Texas Instruments, Inc., 49 CFR 173.12 ...... To modify the special permit to authorize residual Dallas, TX. amounts of various hazardous materials, Class 3 liquids, Class 8 materials, Division 6.1 mate- rials, Division 5.1 materials, and ORM–A or ORM–B, in inside packaging having a max- imum capacity of five gallons overpacked in outside non-DOT polyethylene bins of 30 cubic- foot capacity. 11031–M ...... PHMSA–2007– Amfuel, Magnolia, AZ .... 49 CFR 173.241 ...... 28184 13199–M ...... PHMSA–14558 Carrier Corporation, 49 CFR 173.302(c); To modify the special permit to authorize a manu- Houston, TX. 173.306(e)(1). factured rigid internal structure in place of per- manently affixing to a trailer. 14313–M ...... PHMSA–23868 Airgas, Inc., Radnor, PA 49 CFR 173.302a(b)(2), (3), To authorize the use of ultrasonic inspection as (4) and (5), 180.205, an alternative retest method for certain DOT 180.209, 172.203(a), specification cylinders and certain cylinders 172.301(c). manufactured under a DOT special permit. 11924–M ...... RSPA–2744 Packgen, Inc. (Former 49 CFR 173.12(b)(2)(i) ...... To modify the special permit to authorize an addi- Grantee: Wrangler tional design type for composite intermediate Corporation), Auburn, bulk containers (IBCs) and a change to the ad- ME. ditional IBC drop test requirements. 8554–M ...... Austin Powder Com- 49 CFR 173.62; 173.240; To modify the special permit to authorize the pany, Cleveland, OH. 173.242; 173.93; 173.114a; transportation in commerce of certain 1.5D ex- 173.154; 176.83; 176.415; plosives in the same vehicle with 5.1 oxidizers. 177.848(d). 11947–M ...... RSPA–2901 Patts Fabrication, Inc., 49 CFR 173.202; 173.203; To modify the special permit to authorize the Midland, TX. 173.241; 173.242. transportation of additional Class 3 and 8 mate- rial in non-DOT specification containers. 12412–M ...... RSPA–6827 Cincinnati Pool Manage- 49 CFR 177.834(h); To modify the special permit to allow for filling of ment, Inc., West 172.203(a); 172.302(c). an IBC without removing it from the motor vehi- Chester, OH. cle on which it is transported while on private property. 7657–M ...... Welker Engineering 49 CFR 173.302(a)(1); To modify the special permit to authorize the Company, Sugar 173.304(a)(1); transportation in commerce of additional Divi- Land, TX. 173.304(b)(1); 175.3; sion 2.1 gases and to authorize a change in the 173.201; 173.202; 173.203. material of construction. 11054–M ...... Welker Engineering 49 CFR 178.36 Subpart C..... To modify the special permit to authorize a Company, Sugar change in the material of construction. Land, TX. 12531–M ...... RSPA–7865 Worthington Cylinder 49 CFR 173.302(a); To modify the special permit to authorize addi- Corporation, Colum- 173.304(a); 173.304(d); tional packing groups for already authorized bus, OH. 178.61(b); 178.61(f); hazardous materials. 178.61(g); 178.61(i); 178.61(k). 11592–M ...... Amtrol Inc., West War- 49 CFR 173.306(g) ...... To modify the special permit to authorize the wick, RI. transportation in commerce of additional Divi- sion 2.2 gases. 8723–M ...... Dyno Nobel, Inc., Salt 49 CFR 172.101; 173.62; To modify the special permit to authorize the Lake City, UT. 173.242; 176.83; 177.848. transportation in commerce of an additional Di- vision 5.1 hazardous material. 8723–M ...... Austin Powder Com- 49 CFR 172.101; 173.62; To modify the special permit to authorize the pany, Cleveland, OH. 173.242; 176.83; 177.848. transportation in commerce of an additional Di- vision 5.1 hazardous material. 13169–M ...... RSPA 13894 Conocophillips Alaska, 49 CFR 172.101(9B) ...... To modify the special permit to allow the transpor- Inc., Anchorage, AK. tation in commerce of certain Class 9 materials in UN 31A intermediate bulk containers which exceed quantity limitations when shipped by air.

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

14551–M ...... PHMSA–2007– Aerojet, Redmond, WA .. 49 CFR 173.56 ...... To reissue the special permit originally issued on 28928 an emergency basis for the transportation in commerce of certain explosives as Dangerous Good in Apparatus, UN3363 instead of the EX classification of Cartridge, power device, UN0323. 14518–M ...... Alliant Techsystems, Inc. 49 CFR 173.62 ...... To reissue the special permit originally issued on (ATK) Plymouth, MN. an emergency basis for the transportation in commerce of Primers, cap type, UN0044 in non-DOT specification packaging when trans- ported by private carrier for a distance of 10 miles or less. 14533–M ...... Skydance Helicopters of 49 CFR 172.101 Column (9B) To reissue the special permit originally issued on Northern Nevada, Inc., an emergency basis for the transportation in Minden, NV. commerce of certain forbidden explosives by helicopter in remote areas of Utah, Oklahoma, Colorado and Wyoming to seismic drilling sites. 14530–M ...... Sandia National Labora- 49 CFR 173.242 ...... To reissue the special permit originally issued on tories Livermore, CA. an emergency basis for the transportation in commerce of a PG III flammable liquid in alter- native packaging (a Neutron Scatter Camera) by motor vehicle and cargo vessel. 14419–M ...... Voltaix, North Branch, 49 CFR 173.181(a) ...... To reissue the special permit originally issued on NJ. an emergency basis for the transportation in commerce of a Division 4.2 material in cylinders that are not authorized for that material. 13280–M ...... RSPA–16152 Ovonic Hydrogen Sys- 49 CFR 173.301(a)(1), (d) To modify the special permit to authorize different tems, L.L.C., Roch- and (f). pressure relief devices per CGA standards. ester Hills, MI.

New Special Permit Granted

14382–N ...... PHMSA–25482 BOC Gases, Murray Hill, 49 CFF 173.163, 180.209 ..... To authorize the transportation in commerce of NJ. certain DOT Specification 3BN nickle cylinders containing either tungsten hexafluoride and hy- drogen fluoride that are used interchangably without requalifying the cylinder. (modes 1, 2, 3) 14383–N ...... PHMSA–25483 Dairy and Power Coop- 49 CFR 173.416 ...... To authorize the one-time, one-way transportation erative, Genoa, WI. in commerce of a Class 7 used reactor pres- sure vessel in alternative packaging by motor vehicle and rail. (modes 1, 2) 14384–N ...... PHMSA–25485 Matheson Tri-Gas, Par- 49 CFR 173.301(f)(1) ...... To authorize the transportation in commerce of sippany, NJ. Propylene in DOT 3AA or 3AL specification cyl- inders utilizing an unbacked pressure relief de- vice. (modes 1, 2, 3, 4) 14387–N ...... PHMSA–25632 Gayston Corporation, 49 CFR 173.302a, 173.304a, To authorize the manufacture, marking sale and Springboro, OH. 180.209. use of non-DOT specification fully wrapped car- bon fiber reinforced aluminum lined cylinders for shipment of certain Division 2.2 gases. (modes 1, 2, 3, 4, 5) 14388–N ...... PHMSA–25633 ATK Thiokol, Inc., 49 CFR 173.62 ...... To authorize the transportation in commerce of Brigham City, UT. certain desensitized explosives in a non-DOT specification 40 cubic yard metal roll-off box by motor vehicle. (mode 1) 14393–N ...... PHMSA–25797 Hamilton Sundstrand, 49 CFR 173.306(e)(iii), (iv), To authorize the transportation in commerce of Windsor Locks, CT. (v) and (vi); new supplemental cooling unit refrigeration ma- 173.307(a)(4)(iv). chines with alternative safety devices as a com- ponent part of an aircraft. (modes 1, 2, 3, 4) 14394–N ...... PHMSA–25799 Boeing Company Ken- 49 CFR 173.302a ...... To authorize the transportation in commerce of nedy Space, Center, Nitrogen Tank Assemblies by motor vehicle be- FL. tween the Kennedy Space Center and Cape Canaveral Air Force Station not subject to the packaging requirements of the Hazardous Ma- terials Regulations. (mode 1) 14395–N ...... PHMSA–25782 Britz Fertilizers, Inc., 49 CFR 172, 173, 177 ...... To authorize the transportation in commerce of a Fresno, CA. liquid soil fumigant classed as Division 6.1, PG II, in a non-DOT specification bulk packaging mounted on a farm tractor or wagon, not sub- ject to certain requirements of Parts 172 and 177 of the Hazardous Materials Regulations. (mode 1)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

14398–N ...... PHMSA–25935 Lyondell Chemical Com- 49 CFR 172.203(a); 179.13; To authorize the transportation in commerce of Ti- pany, Houston, TX. 173.31(c)(1). tanium tetrachloride in DOT-105J600W tank cars with a maximum gross weight on rail that exceeds the maximum limit of 263,000 pounds. (mode 2) 14399–N ...... PHMSA–25821 Gas Cylinder Tech- 49 CFR 173.302a ...... To authorize the manufacture, marking, sale and nologies Inc., Tecum- use of non-DOT specification cylinders similar seh, Ontario. to DOT 39 for the transportation of non-flam- mable, non-liquefied gases. (modes 1, 2, 3, 4, 5) 14400–N ...... PHMSA–25820 Ultra Electronics, Alex- 49 CFR 172.301, 172.400, To authorize the transportation in commerce of andria, VA. 173.306, 175.26. Air, compressed in a non-DOT specification high pressure compressor system. (modes 1, 2, 3, 4) 14405–N ...... PHMSA–26003 True Drilling LLC, Cas- 49 CFR 173.5a ...... To authorize the transportation in commerce of per, WY. certain Class 3 hazardous materials in a truck- mounted meter prover without draining to 10% capacity. (mode 1) 14407–N ...... PHMSA–25999 ITW Sexton, Decatur, AL 49 CFR 173.304a ...... To authorize the manufacture, marking, sale and use of a non-DOT specification cylinder to be used for the transportation in commerce of cer- tain Division 2.2 materials. (modes 1, 2, 3, 4) 14410–N ...... Voltaix, LLC, North 49 CFR 180.209(a) ...... To authorize the transportation in commerce of Branch, NJ. DOT Specification 4BW cylinders that are in dedicated use for trimethylchlorosilane, dimethyldichlorosilane and trimethylsilane serv- ice and have been visually inspected instead of hydrostatically tested for periodic requalification. (modes 1, 2) 14411–N ...... PHMSA–26097 OPW Fueling Compo- 49 CFR 173.150 ...... To authorize the transportation in commerce of nents, Cincinnati, OH. gasoline nozzles (fueling components) con- taining the residue of gasoline. (modes 1, 2) 14422–N ...... PHMSA–26307 Patterson Logistics, 49 CFR 172.101 Hazardous To authorize the transportation in commerce of 4 Boone, IA. Materials Table, column 8A. ounces or less of ethyl chloride as a consumer commodity. (modes 1, 2, 3, 4, 5) 14424–N ...... PHMSA–26308 Chart Industries, Inc., 49 CFR 172.203(a); To authorize filling and discharging of a DOT Ball Ground, GA. 177.834(h). Specification 4L cylinder with carbon dioxide, refrigerated liquid without removal from the ve- hicle. (mode 1) 14427–N ...... PHMSA–26246 The Procter & Gamble 49 CFR 173.306(a) and To authorize the transportation in commerce of Company, Cincinnati, 173.306(a)(3)(v). Division 2.2 aerosols in non-DOT specification OH. plastic containers not subject to the hot water bath test. (modes 1, 2, 3, 4, 5) 14429–N ...... PHMSA–26345 Schering-Plough, Union, 49 CFR 173.306(a)(3)(v) ...... To authorize the manufacture, marking, sale and NJ. use of a bag-on-valve spray packaging similar to an aerosol container without requiring the hot water bath test. (modes 1, 2, 3, 4, 5) 14437–N ...... PHMSA–26551 The Columbiana Boiler 49 CFR 179.300 ...... To authorize the manufacture, marking, sale and Co., Columbiana, OH. use of non-DOT specification multi-unit tank car tanks similar to DOT 106A for transportation of hazardous materials. (mode 2) 14440–N ...... PHMSA–26545 Aiolos Laboratories AB, 49 CFR 173.306(a)(3)(v) ...... To authorize the transportation in commerce of Karlstad, Sweden. Division 2.1 hazardous materials in certain non- refillable aerosol containers which are not sub- ject to the hot water bath test. (modes 1, 2, 3, 4, 5) 14441–N ...... PHMSA–27490 B.J. Alan Company, 49 CFR 173.60 ...... To authorize the transportation in commerce of Youngstown, OH. certain fireworks in non-DOT specification pack- agings when returned to the distributor. (mode 1) 14443–N ...... PHMSA–26540 Ball Aerospace & Tech- 49 CFR 173.301(a)(1) and To authorize the transportation in commerce of nologies Corp., Boul- (a)(3). helium by motor vehicle in a non-DOT speci- der, CO. fication packaging. (mode 1) 14445–N ...... PHMSA–26547 Crown Packaging Tech- 49 CFR 173.304(e) and To authorize the manufacture, marking, sale and nology, Alsip, IL. 173.306(a). use of a non-DOT specification inside metal container conforming in part with DOT-Speci- fication 2Q for use in transporting R–134a (1,1,2 tetrafluoroethane). (modes 1, 2, 3, 4) 14447–N ...... California Tank Lines, 49 CFR 177.834 ...... To authorize cargo tanks to remain connected Inc., Stockton, CA. while standing without the physical presence of an unloader when using a specially designed hose. (mode 1)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

14452–N ...... PHMSA–26874 Martek Biosciences Cor- 49 CFR 173.241 ...... To authorize the transportation in commerce of poration, Winchester, certain Division 4.2 hazardous materials in non- KY. DOT specification bulk containers. (mode 1) 14453–N ...... PHMSA–26875 FIBA Technologies, Inc., 49 CFR 180.209 ...... To authorize the ultrasonic testing of DOT–3A, Westboro, MA. DOT–3AA 3AX, 3AAX and 3T specification cyl- inders for use in transporting Division 2.1, 2.2 or 2.3 material. (modes 1, 2, 3) 14454–N ...... PHMSA–26876 Bozel (Europe) France .. 49 CFR Subparts D, E and F To authorize the transportation in commerce of a of Part 172; 173.24(c) and specially designed device consisting of metal Subparts E and F of Part tubing containing certain hazardous materials to 173.. be transported as essentially unregulated. (modes 1, 2, 3) 14455–N ...... PHMSA–26877 EnergySolutions, LLC, 49 CFR 173.403 and To authorize the transportation in commerce of Columbia, SC. 173.427(b)(1). Class 7 surface contaminated objects in non- DOT specification packaging. (modes 1, 2, 3) 14458–N ...... PHMSA–26873 Hawaii Superferry, Hon- 49 CFR 172.101 Column To authorize the transportation in commerce of olulu, HI. (10A). limited quantities of Class 3, Class 9 and Divi- sion 2.1 hazardous materials being stowed on and below deck on passenger ferry vessels transporting motor vehicles, such as rec- reational vehicles, with attached cylinders of liq- uefied petroleum gas. (mode 6) 14460–N ...... PHMSA–26872 Real Sensors, Inc., Hay- 49 CFR Part 172, subparts B, To authorize the transportation in commerce of ward, CA. C, D, E and F. permeation devices with a maximum volume of 6cc containing anhydrous ammonia. (modes 1, 2, 3, 4) 14462–N ...... PHMSA–27094 3M Company, St. Paul, 49 CFR 171.2(k) ...... To authorize the transportation in commerce of a MN. liquefied gas that does not meet any Class 2 definition as a Division 2.2 compressed gas. (modes 1, 2, 3, 4, 5) 14467–N ...... PHMSA–27190 Brenner Tank, LLC, 49 CFR 178.345–2 ...... To authorize the manufacture, marking, sale and Fond Du Lac, WI. use of DOT 400 series cargo tanks using alter- native materials of construction, specifically du- plex stainless steels. (mode 1) 14469–N ...... PHMSA–27148 Space Systems/Loral, 49 CFR 172.101 column (9B) To authorize the transportation in commerce of Palo Alto, CA. anhydrous ammonia by cargo aircraft exceed- ing the quantities authorized in Column (9B). (mode 4) 14471–N ...... University of Colorado 49 CFR 173.12 ...... To authorize the one-way transportation in com- Hospital, Denver, CO. merce of various hazardous materials in lab packs to facilitate relocation of laboratory facili- ties. (mode 1) 14472–N ...... University of Colorado 49 CFR 173.196; 178.609 ..... To authorize the one-way transportation in com- Hospital, Denver, CO. merce of infectious substances other than Risk Group 4 in specially designed packaging (freez- ers). (mode 1) 14474–N ...... OSI Environmental Inc., 49 CFR 173.243 ...... To authorize the transportation in commerce of Eveleth, MN. petroleum crude oil in non-DOT specification cargo tanks, in a spill mitigation effort. (mode 1) 14475–N ...... PHMSA–27253 Chemtura Corporation, 49 CFR 173.24a(a)(1) ...... To authorize the transportation in commerce of Middlebury, CT. certain packagings containing Consumer com- modity, ORM–D with closures that are not ori- ented in the upward direction. (modes 1, 2) 14479–N ...... PHMSA–27692 Medical Waste Institute, 49 CFR 172.301(a); To authorize the use of containers marked with Washington, DC. 172.301(c); 172.312(a)(2). an alternative shipping name for UN3291. (mode 1) 14480–N ...... PHMSA–28525 REC Advanced Silicon 49 CFR 173.301(1)(iii)(2) ...... To authorize the transportation in commerce of Materials LLC, Silver certain DOT specification cylinders and cyl- Bow, MT. inders manufactured to a foreign specification without pressure relief devices. (modes 1, 3) 14482–N ...... PHMSA–27691 Classic Helicopters, 49 CFR 172.204(c)(3); To authorize the transportation of certain Division Woods Cross, UT. 173.27(b)(2)(3); 1.2 explosives by cargo aircraft (helicopter). 175.30(a)(1). (mode 4) 14484–N ...... PHMSA–27696 E Ink Corporation, Cam- 49 CFR 173.202(a), To authorize the manufacture, marking, sale and bridge, MA. 173.202(c), 173.28(b)(2). use of reusable stainless steel vessels for the transportation in commerce of certain Class 3 hazardous materials. (mode 1)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

14485–N ...... PHMSA–27689 Constellation Technology 49 CFR Part 172 Subpart E To authorize the manufacture, marking, sale and Corporation. and F; Part 174 except use of non-DOT specification cylinders for the 174.24, Part 176 except transportation in commerce of certain Division 176.24 and Part 177 except 2.1 and 2.2 gases. (modes 1, 2, 3, 4, 5) 177.817; Sections 173.302a, 173.306(b)(4) and 175.3. 14487–N ...... PHMSA–27829 Osmose Inc., Millington, 49 CFR 173.212 ...... To authorize the one-way transportation in com- TN. merce of Arsenic trioxide, Division 6.1, PG II in non-DOT specification drums. (mode 1) 14492–N ...... PHMSA–27836 Tankbouw Rootselaar B. 49 CFR 178.276(a)(1) and To authorize the manufacture, mark, sale and use V., The Netherlands. (a)(2). of non-DOT specification portable tanks con- forming with the 2004 edition (+2005 Addenda) of Section VIII, Division 1 of the ASME Code for the transportation in commerce of certain Di- vision 2.1 and 2.2 hazardous materials. (modes 1, 2, 3) 14493–N ...... PHMSA–27835 Thermacore, Inc., Lan- 49 CFR 173.306(e) ...... To authorize the transportation in commerce of caster, PA. non-DOT specification containers (heat pipes) containing anhydrous ammonia for use in spe- cialty cooling applications. (modes 1, 2, 3, 4) 14494–N ...... PHMSA–27834 Airgas, Inc., Cheyenne, 49 CFR 172.202, 172.301(a) To authorize the transportation in commerce of WY. and 172.301(c). cylinders that are marked with obsolete proper shipping descriptions to allow for their return. (modes 1, 2, 3, 4, 5) 14495–N ...... PHMSA–27839 GE Healthcare, Arlington 49 CFR 173.302(a), 175.3 ..... To authorize the transportation in commerce of a Heights, IL. Division 2.2 gas in a non-DOT specification cyl- inder. (modes 1, 4) 14496–N ...... PHMSA–27831 Oilphase Division, 49 CFR 173.201(c), To authorize the manufacture, marking, sale and Schlumberger Eval. & 173.202(c), 173.203(c), use of non-DOT specification cylinders similar Production (UK) Ltd., 173.301(f), 173.302(a), to a DOT 3A for the transportation of Division Dyce, Aberdeen, UK. 173.304(a), 173.304(d), 2.1 and 2.3 gases. (modes 1, 2, 3, 4) 175.3. 14502–N ...... PHMSA–27937 Ropak Southeast, La- 49 CFR 178.3(a)(1), To authorize the transportation in commerce of Grange, GA. 178.502(a)(1). approximately 3900 UN 1H1 drums that were incorrectly marked as jerricans (3H1). (modes 1, 2, 3, 4, 5) 14503–N ...... PHMSA–27938 Gay Lea Foods Co-oper- 49 CFR 173.306(b)(1) ...... To authorize the transportation in commerce of an ative Limited, Guelph. aerosol foodstuff in a nonrefillable metal con- tainer similar to a DOT Specification 2P. (modes 1, 2, 3, 4, 5) 14506–N ...... PHMSA–28187 Jacobs Engineering, An- 49 CFR 173.4(a)(1)(i) ...... To authorize the transportation in commerce of a chorage, AK. Class 3 material in a non-DOT Specification packaging. (modes 1, 2, 3, 4, 5, 6) 14509–N ...... PHMSA–28225 Pacific Consolidated In- 49 CFR 173.302(a)(1), To authorize the manufacturing, marking, sale dustries, LLC, River- 173.304a(a)(1),175.3. and use of brass-lined filament wound cylinders side, CA. for use in transporting certain Division 2.1 and 2.2 gases. (modes 1, 2, 3, 5) 14510–N ...... PHMSA–28186 Clean Earth Systems, 49 CFR 173.12(b), To authorize the transportation in commerce by Inc., Tampa, FL. 173.12(b)(2)(i). motor vehicle of certain hazardous materials in UN4G fiberboard boxes lined with polyethylene. (mode 1) 14513–N ...... PHMSA–28183 Hazmat Services, Inc., 49 CFR 173.12(b)(2)(ii), To authorize the transportation in commerce of Anaheim, CA. 172.101(b)(1),173.12(b)(1). chemically-compatible hazardous materials with different hazard classes in lab packs. (mode 1) 14517–N ...... PHMSA–28269 The Children’s Hospital, 49 CFR 173.196; 178.609 ..... To authorize the one-way transportation in com- Denver, CO. merce of infectious substances other than Cat- egory A in specially designed packaging (freez- ers). (mode 1) 14519–N ...... PHMSA–28467 Commodore Advanced 49 CFR 173.244 ...... To authorize the one-time, one-way transportation Sciences, Inc., Rich- in commerce of solidified sodium metal land, WA. (UN1428) in alternative packaging from Mobile, Alabama to Oakridge, Tennessee. (modes 1, 2) 14522–N ...... PHMSA–28464 Toyota Motor Sales, 49 CFR Part 172 and Part To authorize the transportation in commerce of U.S.A., Inc., Torrance, 173. certain Class 8 and 9 hazardous materials CA. across a public road within Toyota’s facility to be transported as non-regulated. (mode 1) 14523–N ...... PHMSA–28469 Pacific Bio-Material Man- 49 CFR 173.196(b); To authorize the transportation in commerce of agement, Inc., Fresno, 173.196(e)(2)(ii). certain infectious substances in specially de- CA. signed packaging (freezers). (mode 1)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

14524–N ...... PHMSA–28470 Oxia U.S. Ltd., Las 49 CFR 173.306(a)(1) ...... To authorize the transportation in commerce of a Vegas, NV. DOT Specification 3AL cylinder containing 90% oxygen and 10% nitrogen as consumer com- modity when the capacity does not exceed 5.2 ounces transported by motor vehicle. (mode 1) 14525–N ...... PHMSA–28465 Alcoa Inc., Pittsburgh, 49 CFR Parts 171–180 ex- To authorize the transportation in commerce of PA. cept shipping papers and certain used diatomaceus earth filter material ID number marking. not subject to the Hazardous Materials Regula- tions, except for shipping papers and certain marking requirements when transported by motor vehicle. (mode 1) 14527–N ...... PHMSA–29269 FedEx Express, Mem- 49 CFR 175.33 ...... To authorize the air transportation of certain haz- phis, TN. ardous materials without identifying the pack- aging type on the Notification to Pilot in Com- mand. (modes 4, 5) 14528–N ...... PHMSA–28270 Halpern Import Com- 49 CFR 173.304; 173.306 ..... To authorize the transportation in commerce of pany, Inc., Atlanta, GA. butane in approximately 20,016 non-DOT speci- fication, non-refillable inner receptacles con- taining butane in non-UN standard outer pack- agings. 14532–N ...... PHMSA–28696 Degussa Corporation, 49 CFR 173.31(d)(i)(vi); To authorize the transportation in commerce of Parsippany, NJ. 172.302(c). certain Division 5.1 hazardous materials in tank cars that have not had their rupture disk re- moved for inspection. (mode 2) 14545–N ...... PHMSA–28830 UCLA Film and Tele- 49 CFR 173.183 ...... To authorize the one-way transportation in com- vision Archive, Holly- merce of cellulose nitrate motion picture film wood, CA. from two locations in Hollywood, CA to climate- controlled film vaults in Santa Clarita, CA in al- ternative packaging. (mode 1) 14548–N ...... PHMSA–28912 International Air Trans- 49 CFR 175.10(15) ...... To authorize the transportation in commerce of port Association, Mon- wheelchairs or other battery-powered mobility treal. aids equipped with a non-spillable battery when carried as checked baggage, provided the bat- tery meets certain provisions in 49 CFR, the battery terminals are protected from short cir- cuits, and the battery is securely attached to the wheelchair or mobility aid. (mode 5) 14555–N ...... Norton Sound Economic 49 CFR 173.159(c)(1) ...... To authorize the one-way transportation in com- Development Corpora- merce of a forklift battery pack by air in an area tion, Nome, AK. of Alaska where no other means of transpor- tation is practicable. (mode 5) 14564–N ...... PHMSA–29144 Bealine Service Co., 49 CFR 173.33(a)(3) ...... To authorize the one-time, one-way transportation Inc., Pasadena, TX. in commerce of an MC 412 DOT–specification cargo tank that was filled with a Class 9 haz- ardous material when it was past due for in- spection. (mode 1)

EMERGENCY SPECIAL PERMIT GRANTED

EE 14242–M PHMSA–25164 EPA Region 6 (Lou- 49 CFR 171–180 ...... To reissue the exemption originally issued on an isiana), Dallas, TX. emergency basis to support the recovery and relief efforts to, from and within the Hurricane Katrina and Hurricane Rita disaster areas of Louisiana under conditions that may not meet the Hazardous Materials Regulations. (modes 1, 2, 3, 4) EE 14167–M PHMSA–20669 FRA ...... 49 CFR 173.26, 173.314(c), To modify the special permit for consistency with 179.13 and 179.100–12(c). other similar special permits. (mode 2) EE 14391–M ...... W.E.L., Inc., Concord, 49 CFR 173.28(a), 173.35(a) To modify the special permit to reflect the new VA. and 173.35(b). abatement location. (mode 1) EE 12920–M RSPA–11638 Epichem, Inc...... 49 CFR 173.181(c)...... To modify the special permit to authorize a 68.3mm center opening in the top head of the containers authorized in the special permit. (modes 1, 3) EE 13169–M RSPA 13894 Conocophillips Alaska, 49 CFR 172.101(9B) ...... To reissue the exemption originally issued on an Inc., Anchorage, AK. emergency basis for the transportation of cer- tain Class 9 materials in UN 31A intermediate bulk containers which exceed quantity limita- tions when shipped by air. (mode 4) EE 12995–M PHMSA–12220 Dow Chemical Com- 49 CFR 173.306(a)(3)(v) ...... To modify the exemption to authorize the use of pany, Midland, MI. the DOT 2Q specification container with an in- creased container pressure not to exceed 180 psig at 55 degrees C. (modes 1, 2, 3, 4)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

EE 14412–M PHMSA–26098 BP Exploration Alaska, 49 CFR 173.201 ...... To modify the special permit to authorize cargo Anchorage, AK. vessel as an authorized mode of transportation. (mode 1) EE 14418–M PHMSA–26182 Department of Defense, 49 VFR 172.301; 172.400; (modes 1, 4, 5) Ft. Eustis, VA. 172.504(a). EE 14418–M PHMSA–26182 Department of Defense, 49 CFR 172.301; 172.400; To correct typos in paragraph 2 and 7.b(2) Ft. Eustis, VA. 172.504(a). (modes 1, 4, 5) EE 10427–M ...... Astrotech Space Oper- 49 CFR 173.61(a); 173.301(f); To modify the exemption to authorize a quantity ations, Inc., Titusville, 173.302a; 173.336; increase from 700 pounds to 1200 pounds of a FL. 177.848(d). Division 2.2 material transported on the same motor vehicle with various hazardous materials. (mode 1) EE 14414–M ...... Sea Launch, Long 49 CFR Part 172 Subparts C, To modify the special permit to authorize any Beach, CA. D, E and F; 173.62; Part charter flight that conforms and is certified to 173 Subparts E, F and G. FAA Part 129 and to expand the site of Long Beach to include metro LA airports. (modes 1, 3, 4) EE 12668–M PHMSA–9385 Tri-Wall, A 49 CFR 173.12(b)(2)(i) ...... To modify the special permit to authorize cargo Weyerhaeuser Busi- vessel as an approved mode of transportation. ness, Exeter, CA. (modes 1, 3) EE 14463–M PHMSA–26976 Korean Air Lines Co., 49 CFR 172.101 Column To modify the special permit to correct the max- Ltd., Los Angeles, CA. (9B), 172.204(c)(3), 173.27; imum net weight of explosives. (mode 4) 175.30(a)(1), 175.320. EE 12135–M RSPA–4418 Daicel Safety Systems, 49 CFR 173.301(h); 173.302; To modify the special permit to authorize a new Inc. Hyogo Prefecture, 173.306(d)(3). design of non-DOT specification cylinders 671–1681. (pressure vessels) for use as components of automobile vehicle safety systems to prevent severe economic loss. (modes 1, 2, 3, 4) EE 14399–M PHMSA–25821 Gas Cylinder Tech- 49 CFR 173.302a ...... To modify the special permit to specifically author- nologies Inc., Tecum- ize the transportation in commerce of oxygen, seh, Ontario. compressed by air. (modes 1, 2, 3, 4, 5) EE 14431–M PHMSA–26347 Kraton Polymers, Belpre, 49 CFR 173.227(c) ...... To modify the special permit to authorize a drum OH. rated to the PG II level for the transportation of ethylene dibromide. (modes 1, 2, 3) EE 11650–M ...... Autoliv ASP, Inc., 49 CFR 173.301; 173.302; To modify the special permit for consistency with Ogden, UT. 178.65–9. other air bag special permits. (modes 1, 2, 3, 4) EE 14466–M PHMSA 27095 Alaska Pacific Powder 49 CFR 172.101 Column (9B) To modify the special permit by specifying the Company, Anchorage, specific sections for which segregation applies. AK. (mode 4) EE 10885–M ...... U.S. Department of En- 49 CFR 172.101 Col. 9(b); To modify the special permit to authorize the ergy, Washington, DC. 172.204(c)(3); 173.27(b)(2); transportation in commerce of additional haz- 173.27(f) Table 2; ardous materials and to provide relief from seg- 175.30(a)(1); 172.27(b)(3). regation by highway. (mode 4) EE 14466–M PHMSA 27095 Alaska Pacific Powder 49 CFR 172.101 Column (9B) To modify the special permit to allow the transpor- Company, Anchorage, tation in commerce of additional Class 1 explo- AK. sive materials which are forbidden for transpor- tation by air, to be transported by cargo aircraft within the State of Alaska when other means of transportation are impracticable or not avail- able. (mode 4) EE 11536–M ...... Boeing Company, The, 49 CFR 173.102 Spec. Prov, To modify the special permit to authorize an addi- Los Angeles, CA. 101; 173.24(g); 173.62; tional Class 1 material and make minor editorial 173.202; 173.304; 175.3. changes. (modes 1, 3, 4) EE 14580–M ...... LifeSparc, Hollister, CA 49 CFR 173.56(b) ...... To modify the special permit by adding an addi- tional proper shipping description and related packaging. (mode 1) EE 14380–N ...... Northern Air Cargo, Inc., 49 CFR 172.101 Column (9B) To authorize the one-time one-way transportation Anchorage, AK. in commerce of anhydrous ammonia in two DOT–4AA 480 specification cylinders aboard a cargo-only aircraft. EE 14381–N PHMSA–25456 Ball Corporation, Elgin, 49 CFR 178.33a–8 ...... To authorize the manufacture, mark, sale and use IL. of an existing inventory of approximately 438,000 DOT-specification 2P inner metal con- tainers that were inadvertently marked 2Q in addition to the 2P marking. (modes 1, 2, 3, 4, 5) EE 14389–N PHMSA–25607 The Boeing Company, 49 CFR 173.302 ...... To authorize the one-way transportation in com- Huntington Beach, CA. merce of the NEXTSat satellite containing a non-DOT specification pressure vessel and a lithium ion battery by motor vehicle. EE 14390–N ...... Korean Air Lines Co., 49 CFR 171.101172.101, To authorize the transportation of certain Division Ltd., Los Angeles, CA. 172.204(c)(3), 173.27; 1.1D and 1.1J explosives which are forbidden 175.30(A)(1), 175.320. for shipment by cargo-only aircraft. (mode 4)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

EE 14391–N ...... W.E.L., Inc., Concord, 49 CFR 173.28(a), 173.35(a) To authorize the one-time, one-way transportation VA. and 173.35(b). in commerce by motor vehicle of Sodium hydro- sulfite in intermediate bulk containers that have been damaged by fire. (mode 1) EE 14396–N PHMSA–25783 Matheson Tri-Gas, Par- 49 CFR 173.192(a) ...... To authorize the transportation in commerce of sippany, NJ. Arsine, Division 2.3, in certain DOT specifica- tion and non-DOT specification cylinders not normally authorized for cargo vessel transpor- tation, for export only. (modes 1, 3) EE 14404–N PHMSA–26005 Miller Transporters, Inc., 49 CFR 173.243 ...... To authorize the emergency transportation in Jackson, MS. commerce of a tank that at one time conformed to the MC–312 specifications, but due to sub- standard modifications made to the overturn protection and to the rear end protection to allow for the addition of piping and valves, it may no longer be in compliance with DOT specifications. (mode 1) EE 14412–N PHMSA–26098 BP Exploration Alaska, 49 CFR 173.201 ...... To authorize the emergency transportation in Anchorage, AK. commerce of a pipeline pipe specimen con- taining a Class 3 hazardous material by motor vehicle. (mode 1) EE 14415–N PHMSA–27694 Prometheus Inter- 49 CFR 173.21, 173.24, Emergency exemption request to authorize the national, Inc., Com- 173.27, 173.308, 175.5, transportation of gas and liquid fueled Pro- merce, CA. 175.10, 175.30, 175.33. metheus lighters in special travel containers in checked luggage in commercial passenger air- craft. (mode 5) EE 14416–N PHMSA–26181 Sandia National Labora- 49 CFR 173.301(f) ...... To authorize the transportation in commerce of tories, Albuquerque, the Advance Flight Telescope (AFT) Payload NM. containing ICC 3A and DOT 3AA specification cylinders containing nitrogen without pressure relief devices. (modes 1, 4, 5) EE 14418–N PHMSA–26182 Department of Defense, 49 CFR 172.301; 172.400; To authorize the transportation in commerce of a Ft. Eustis, VA. 172.504(a). water reactive material in special packaging as Unitized Group Ration-Express (UGR–E) with- out being subject to Subchapter C of the Haz- ardous Materials Regulations. (modes 1, 4, 5) EE 14419–N ...... Voltaix, LLC, 49 CFR 173.181(a) ...... To authorize the transportation in commerce of Branchburg, NJ. pyrophoric liquid n.o.s. in cylinders that are not authorized for that material. (mode 1) EE 14421–N PHMSA–26247 Lancaster Laboratories, 49 CFR 173.4 ...... To authorize the transportation in commerce of Inc., Lancaster, PA. Nitric acid other than red fuming with 20% or less nitric acid as small quantities under the provision of 49 CFR 173.4. (mode 4) EE 14431–N PHMSA–26347 Kraton Polymers, Belpre, 49 CFR 173.227(c) ...... To authorize the transportation in commerce of OH. ethylene dibromide in alternative packaging. (modes 1, 2, 3) EE 14435–N PHMSA–26500 Tetra Technologies, Inc., 49 CFR 173.249(c) ...... To authorize the one-time, one-way transportation The Woodlands, TX. of Bromine in a DOT Specification IM101 port- able tank that is not filled between 88 and 92% of capacity. (mode 1) EE 14450–N ...... Nalco Energy Services 49 CFR 177.834 ...... To authorize additional time for retrofitting IBCs to LP, Naperville, IL. meet the valving requirements of DOT–SP 12412 which authorizes the unloading of IBCs without removal of the transport vehicle. (mode 1) EE 14451–N ...... Halpern Import Com- 49 CFR 173.306(a) ...... To authorize the transportation in commerce of pany, Inc., Atlanta, GA. cans of lighter refills, reclassed as consumer commodities, in non-DOT specification pack- ages. The containers exceed the 4 ounce ca- pacity limitation. (mode 1) EE 14459–N ...... The Library of Congress, 49 CFR 173.212(b) in that a To authorize the one-time transportation in com- WPAFB, OH. non-DOT specification merce of certain nitrate cellulose film packaged package is authorized; and in metal cans and shrink-wrapped on pallets. 173.301(c) in that marking (mode 1) the special permit number on the package is waived. EE 14463–N PHMSA–26976 Korean Air Lines Co., 49 CFR 172.101 Column To authorize the transportation of certain explo- Ltd., Los Angeles, CA. (9B), 172.204(c)(3), 173.27; sives which are forbidden for shipment by 175.30(a)(1), 175.320. cargo-only aircraft. (mode 4) EE 14464–N PHMSA–26975 Agmark Foods, Nash- 49 CFR 171.14(d)(4) and To authorize the transportation in commerce of ville, TN. 173.32(c)(2). Ethyl alcohol solution in certain ISO portable tanks that do not meet Portable Tank Code T– 3. (mode 1)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

EE 14466–N PHMSA–27095 Northern Air Cargo, Inc., 49 CFR 172.101 Column (9B) To authorize the transportation in commerce of Anchorage, AK. certain Class 1 explosive materials which are forbidden for transportation by air, to be trans- ported by cargo aircraft within the State of Alas- ka when other means of transportation are im- practicable or not available. (mode 4) EE 14476–N PHMSA–27282 BP Products North 49 CFR 173.202, 173.203, To authorize the transportation in commerce of America, Inc. (formerly 173.312, and 173.213. certain hazardous materials in non-DOT speci- BP Amoco Oil), Texas fication heat exchanger pressure vessels and City, TX. heat exchanger tube bundles. (mode 1) EE 14477–N PHMSA–27345 Honeywell International, 49 CFR 173.40(b); 173.301(f) To authorize the one-way transportation in com- Inc., Morristown, NJ. merce of approximately 29 DOT 3AA–2015 cyl- inders overfilled with a Division 2.3 Hazard Zone B hazardous material. (mode 1) EE 14478–N PHMSA–28182 Pilkington North Amer- 49 CFR 178.603 ...... Request for special permit to authorize the alter- ica, Inc., Northwood, native testing of custom manufactured con- OH. tainers that will be used to transport flammable solids, organic, n.o.s. (ferrocene). (mode 1) EE 14488–N ...... Sanofi Pasteur, 49 CFR 173.24(b)(1) ...... To authorize the transportation in commerce of an Swiftwater, PA. influenza vaccine in a custom stainless steel batch reactor at a constant pressure of 1–5 psig by use of a cylinder feeding air into the re- actor. (mode 1) EE 14489–N ...... Chugach Electric Asso- 49 CFR 172.101 Hazardous To authorize the transportation in commerce of ciation, Inc., Anchor- Materials Table Column Caustic alkali liquids in certain bulk packaging age, AK. (9B). of 400 gallon capacity or less by cargo aircraft within the State of Alaska. (mode 4) EE 14497–N PHMSA–27828 B&H Systems, Inc., Elk 49 CFR 173.183 and This emergency special permit authorizes the Grove Village, IL. 172.302(c). one-time transportation in commerce of certain nitrate cellulose film packaged in non-DOT specification packaging. (mode 1) EE 14501–N ...... Halliburton Energy Serv- 49 CFR Parts 171–180 ...... To authorize the emergency transportation in ices, Inc., Houston, TX. commerce of radioactive material in a section of pipe not subject to the Hazardous Materials Regulations except as provided herein. (modes 1, 3) EE 14516–N PHMSA–28468 FedEx Express, Baton 49 CFR 175.75(d), To authorize a package of radioactive material Rouge, LA. 172.203(a), 172.301(c). that is labeled with the Cargo Aircraft Only label and also a subsidiary hazard label to be loaded in an accessible cargo location when trans- ported by aircraft. (modes 4, 5) EE 14518–N ...... Alliant Techsystems, Inc. 49 CFR 173.62 ...... To authorize the transportation in commerce of (ATK), Plymouth, MN. Primers, cap type, UN0044 in non-DOT speci- fication packaging when transported by private carrier for a distance of 10 miles or less. (mode 1) EE 14526–N ...... Kidde Aerospace, Wil- 49 CFR 173.302a ...... To authorize the one-way transportation of a Divi- son, NC. sion 2.2 compressed gas in a non-DOT speci- fication cylinder similar to a DOT–39 for trans- portation by motor vehicle. (modes 1, 3) EE 14530–N ...... Sandia National Labora- 49 CFR 173.242 ...... To authorize the transportation in commerce of a tories, Livermore, CA. PG III flammable liquid in alternative packaging (a Neutron Scatter Camera) by motor vehicle and cargo vessel. (modes 1, 3) EE 14531–N ...... Astar Air Cargo, Inc., 49 CFR Parts 100–180 ...... To authorize the transportation in commerce of a Wilmington, OH. breath tester in company owned aircraft as un- regulated. (modes 4, 5) EE 14533–N ...... Skydande Helicopters of 49 CFR 172.101 Column (9B) To authorize the transportation of certain forbid- Northern Nevada, Inc., den explosives by helicopter in remote areas of Minden, NV. Utah, Oklahoma, Colorado and Wyoming to seismic drilling sites. (mode 4) EE 14540–N PHMSA–28731 Korean Air Lines Co., 49 CFR 172.101 Column To authorize the air transportation in commerce of Ltd., Los Angeles, CA. (9B), 172.204(c)(3), 173.27; certain explosives which are forbidden for ship- 175.30(a)(1), 175.320. ment by cargo-only aircraft. (mode 4) EE 14541–N ...... Northern Air Cargo, Inc., 49 CFR 172.101 Column To authorize the one-time one-way transportation Anchorage, AK. (9B), 172.301(c) and in commerce of anhydrous ammonia in a DOT– 172.203(a). 4AA 480 specification cylinders aboard a cargo- only aircraft. (mode 4) EE 14551–N PHMSA–28928 Aerojet, Redmond, WA .. 49 CFR 173.56 ...... To authorize the transportation in commerce of certain explosives as Dangerous Good in Appa- ratus, UN3363 instead of the EX classification of Cartridge, power device, UN0323. (modes 1, 2, 3, 4, 5)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

EE 14553–N PHMSA–28929 Chemtrade Logistics, 49 CFR 178.3(a) ...... To authorize the transportation in commerce of Inc., North York, ON. approximately 3,200 UN1A2 drums containing Sodium Hydrosulfite powder, UN1384 that are marked with the UN certification only on the head of the drum. (mode 1) EE 14557–N ...... Pacific Bio-Material Man- 49 CFR 173.196 and 178.609 To authorize the one-time, one-way transportation agement, Inc., Fresno, in commerce of certain Category A infectious CA. substances by motor vehicle in alternative packaging for a distance of less than 15 miles. (mode 1) EE 14562–N ...... The Lite Cylinder Com- 49 CFR 173.304a(a)(1) ...... To authorize the manufacture, marking, sale and pany, Franklin, TN. use of a non-DOT specification, liner-less, fully- wrapped fiberglass composite cylinder for the transportation in commerce of certain Division 2.1 and 2.2 materials. EE 14563–N PHMSA–29093 The Procter & Gamble 49 CFR 171.8 and To authorize the one-time, one-way, transpor- Distributing LLC, Cin- 173.306(a)(3). tation in commerce of certain non-DOT speci- cinnati, OH. fication metal receptacles containing Division 2.1 material as Consumer commodity, ORM–D by motor vehicle for disposal only. (mode 1) EE 14568–N PHMSA–29130 Department of Defense, 49 CFR 173.431 ...... To authorize the transportation in commerce of Ft. Eustis, VA. portable nuclear gauges containing certain ra- dioactive materials exceeding the quantity that may be transported in a Type A packaging. EE 14579–N ...... Summitt Environmental, 49 CFR 173.304a ...... To authorize the transportation in commerce of Inc. (Summitt), Wake non-DOT specification cylinders containing Village, TX. methylamine, anhydrous one-time, one-way by motor vehicle for disposal. (mode 1) EE 14580–N ...... LifeSparc, Hollister, CA 49 CFR 173.56(b) ...... To authorize the transportation in commerce of certain explosive materials without an EX ap- proval by motor vehicle. (mode 1) EE 14581–N ...... Saint Louis University, 49 CFR 173.196; 178.609 ..... To authorize the one-way transportation in com- St. Louis, MO. merce of infectious substances other than Risk Group 4 in specially designed packaging (freez- ers). (mode 1) EE 14583–N ...... Matheson Tri-Gas, Par- 49 CFR 173.3(d) ...... To authorize the one-time, one-way transportation sippany, NJ. in commerce of a leaking DOT 3AA specifica- tion cylinder containing dichlorosilane over- packed in a salvage cylinder. (modes 1, 3)

MODIFICATION SPECIAL PERMIT WITHDRAWN

11650–M ...... Autoliv ASP, Inc., 49 CFR 173.301; 173.302; To modify the special permit to allow a failure to Ogden, UT. 178.65–9. occur at a gage pressure less than 2.0 times the test pressure as provided by 49 CFR 178.65(f)(2)(i) or the pressure required to dem- onstrate a 1.5 times Safety Factor per the USCAR specifications. 10698–M ...... Worthington Cylinders- 49 CFR 173.304(a)(2); 178.50 To modify the special permit to authorize charging Wisconsin, Chilton, WI. of the cylinders with an additional Division 2.2 gas. 14172–M ...... PHMSA–20906 Pacific Bio-Material Man- 49 CFR 173.196 and 173.199 To modify the special permit to authorize addi- agement, Inc., d/b/a/ tional customers outside of the current radius Pacific Scientific specified in the permit, to allow more than two Transport, Fresno, CA. freezers on each dedicated transport vehicle and to authorize more than seven shipments per year. 5022–M ...... Alliant Techsystems, 49 CFR 174.101(L); To modify the special permit to authorize the Inc., Elkton, MD. 174.104(d); 174.112(a); transportation in commerce of additional Divi- 177.834(1)(1). sion 1.2 hazardous materials.

NEW SPECIAL PERMIT WITHDRAWN

14408–N ...... PHMSA–25996 TOTAL Petrochemicals 49 CFR 173.242; 178.245– To authorize the transportation in commerce of a USA Inc., Pasadena, 1(c); 178.245–1(d) (4). non-DOT specification portable tank com- TX. parable to a specification DOT 51 portable tank equipped with bottom outlet and no internal shutoff valve for use in transporting various hazardous materials classed in Division 4.2 and 4.3. (modes 1, 3)

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S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof

14420–N ...... PHMSA–26306 Garden State Tobacco 49 CFR 173.186(c) ...... To authorize the transportation in commerce of d/b/a H.J. Bailey strike anywhere matches in non-DOT specifica- Co., Neptune, NJ. tion packages not exceeding 50 pounds each by private motor carrier not subject to the Haz- ardous Materials Regulations, except for mark- ing. (mode 1) 14438–N ...... PHMSA–26550 Matheson Tri-Gas, Par- 49 CFR 173.301(h) and To authorize the transportation in commerce of sippany, NJ. 173.40. certain DOT 3A and 3AA cylinders containing Division 2.1, 2.2 and 2.3 hazardous materials that have developed a leak and been capped with a special sealing device. (modes 1, 2, 3) 14468–N ...... PHMSA–27188 REC Advanced Silicon 49 CFR 173.301(f) ...... To authorize the transportation in commerce of Materials LLC, Butte, certain cylinders containing Silane, compressed MT. with a capacity over 50 L with a single relief de- vice rather than one at each end. (modes 1, 2, 3) 14473–N ...... PHMSA–27189 Weatherford Inter- 49 CFR 173.302a and To authorize the manufacture, marking, sale and national, Fort Worth, 173.304a. use of a non-DOT specification cylinder similar TX. to a DOT Specification 3A cylinder for use in the oil well sampling industry. (modes 1, 2, 3, 4) 14529–N ...... PHMSA–28526 EnviroClean Manage- 49 CFR 172.301(c); To authorize the transportation in commerce of ment Services, Inc., 173.197(d). regulated medical waste in containers that are Dallas, TX. not leak-proof per 173.197(d). (mode 1)

EMERGENCY SPECIAL PERMIT WITHDRAWN

EE 11109–M ...... Northland Services, Inc., 49 CFR 176.170(b) ...... To modify the special permit to authorize trans- Seattle, WA. portation of Division 5.1 materials. (mode 3)

EE 14446–N ...... Matheson-Tri Gas, Par- 49 CFR 173.301(1) ...... To authorize the transportation in commerce of sippany, NJ. 196, new foreign-manufactured cylinders, not previously filled, but hydro-tested at the time of manufacture, to be permitted to be filled for the first time without an additional hydrostatic test, as required in 49 CFR 173.301(1). (modes 1, 3) EE 14521–N ...... World Asia Logistics, 49 CFR 172.101 Column (9B) To authorize the transportation in commerce of Inc., Los Angeles, CA. Hydrogen bromide, anhydrous by cargo aircraft. (mode 4)

DENIED

11911–M ...... Request by Transfer Flow, Inc Chico, CA December 27,2006. To modify the special permit to authorize quick connect hoses which would contain hazardous material when disconnected. 10945–M ...... Request by Structural Composites Industries Pomona, CA October 05, 2006. To modify the special permit to authorize retest markings to be applied to the cylinder neck. 12412–M ...... Request by ChemStation International Lima, OH March 16, 2007. To modify the special permit to allow the attendance requirements in 49 CFR 177.837(d) for Class 8 materials described as ‘‘Compounds, cleaning liquid.’’ 12574–M ...... Request by Weldship Corporation Bethlehem, PA July 02, 2007. To modify the special permit to authorize the transpor- tation in commerce of all hazardous materials currently authorized in DOT specification 107A seamless steel tank cars. 12283–M ...... Request by Interstate Battery of Alaska Anchorage, AK June 08, 2007. To modify the special permit to authorize the round trip transportation in commerce of batteries within the State of Alaska. 11911–M ...... Request by Transfer Flow, Inc Chico, CA July 17, 2007. To modify the special permit to allow an increase in the size of refueling tanks from 100 gallons to 300 gallons and to allow hoses to be attached to discharge outlets during transportation. 12274–M ...... Request by Snow Peak, Inc Clackamas, OR July 19, 2007. To modify the special permit to authorize larger non-DOT specification nonrefillable inside containers. 14447–M ...... Request by California Tank Lines, Inc. Stockton, CA July 19, 2007. To modify the special permit to authorize the un- loading of DOT Specification MC 330 and 331 while the hose is still attached. 14282–M ...... Request by Dyno Nobel, Inc. Salt Lake City, UT August 07, 2007. To modify the special permit to authorize the trans- portation in commerce of additional Division 3 and 5.1 materials. 11579–M ...... Request by Senex Explosives, Inc. Cuddy, PA September 27, 2007. To modify the special permit to authorize the transportation of additional Class 3 materials and the use of several DOT specification and non-DOT specification bulk packagings. 14397–N ...... Request by UltraCell Corporation Livermore, CA April 05, 2007. To authorize the transportation in commerce of up to 250 milliliters of a 70% methanol/water solution in non-DOT specification combination packaging not subject to the Hazardous Materials Regulations. 14406–N ...... Request by Equa-Chlor Longview, WA November 08, 2006. To authorize the transportation in commerce of a DOT specification 105J600W tank car having a gross weight on rail of 286,000 pounds, for use in transportation of chlo- rine, Division 2.3, Poison-Inhalation Hazard/Zone B. 14423–N ...... Request by Accutest Laboratories Dayton, NJ May 08, 2007. To authorize the transportation in commerce of Nitric acid other than red fuming with 50% or less nitric acid as small quantities under the provision of 49 CFR 173.4.

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DENIED—Continued 14430–N ...... Request by Prometheus International, Inc. Commerce, CA December 19, 2006. To authorize the transportation of a gas fuel tank for a lighter packaged in a special travel container in checked luggage on commercial passenger air- craft. 14448–N ...... Request by UltraCell Corporation Livermore, CA April 10, 2007. To authorize passengers on aircraft to carry on fuel cells and spare cartridges as unregulated. 14449–N ...... Request by Applied Companies Valencia, CA April 05, 2007. To authorize the manufacture, marking, sale and use of non-DOT specification cylinder similar to a DOT 4D for the transportation of nitrogen and carbon dioxide. 14470–N ...... Request by Marsulex, Inc. Springfield, OR August 31, 2007. To authorize the transportation in commerce of certain hazardous materials by rail when the unloader does not secure access to the track as required by 49 CFR 174.67(a)(3). 14481–N ...... Request by Transload of North America Middlesex, NJ August 02, 2007. To authorize the transportation in commerce of Class 9 solid hazardous waste in non-DOT Specification FIBCs. 14499–N ...... Request by Optimus International AB, September 10, 2007. To authorize the manufacture, marking, sale and use of non-DOT specification, nonrefillable inside containers similar to DOT–2P for certain Division 2.1 flammable gases. 14515–N ...... Request by STAKO, September 12, 2007. To authorize the manufacture, marking and sell of non-DOT specification fiber reinforced plastic cylinders built to DOT FRP–1 standard for use in transporting various flammable and non- flammable gases. 14535–N ...... Request by Environmental Packaging Technologies Houston, TX October 05, 2007. To authorize the transportation in commerce of certain hazardous materials with a vapor pressure of 150 kPa at 55°C in intermediate bulk containers. 14409–N ...... Request by Velsicol Chemical Corporation Rosemont, IL November 20, 2006. To authorize the transportation in com- merce of a DOT-specification portable tank containing hexachlorocyclopentadiene, Division 6.1, Hazard Zone B by vessel which is not loaded to a filling density between 20% and 80% capacity. 14433–N ...... Request by Cymer, LLC Decatur, TN November 22, 2006. To authorize the transportation in commerce of toxic by in- halation hazard liquids in combination packagings that have not had the required leakproof and hydrostatic testing.

S.P No. S.P No. Applicant Regulation(s) Nature of special permit thereof

11579–M ...... Dyno Nobel, Inc., Salt 49 CFR 177.848(e)(2); To modify the special permit to authorize an addi- Lake City, UT. 177.848(g)(3). tional packaging configuration for the transpor- tation of Division 1.4, 1.5, & Combustible mate- rials in DOT Specification and non-DOT specifica- tion bulk packagings. 14401–N ...... PHMSA–25936 Ultra Electronics, Brain- 49 CFR 173.56 ...... To authorize the transportation of thermal batteries tree, MA. installed in equipment as not subject to the Haz- ardous Materials Regulations. (modes 1, 3, 4) 14444–N ...... PHMSA–26548 The Boeing Company, St. 49 CFR 173.60 ...... To authorize the transportation in commerce of a Di- Louis, MO. vision 1.3J explosive in non-DOT specification packaging by motor vehicle. (mode 1) 14511–N ...... PHMSA–28185 JACAM Chemicals, 49 CFR 173.202, To authorize the manufacture, mark and sale of L.L.C., Sterling, KS. 173.203, 173.241 and non-specification 60-gallon portable metal tanks 173.242. designed and constructed in accordance with DOT Specification 57, with certain exceptions, for use in transporting Class 3 (flammable) and Class 8 (corrosive) hazardous materials by highway. (mode 1) EE 14386–N ...... Environmental Protection 49 CFR parts 100–185 .... To authorize the transportation in commerce of haz- Agency, Edison, NJ. ardous materials used to support the recovery re- lief efforts within the flood disaster areas as not subject to the Hazardous Materials Regulations.

[FR Doc. 07–5079 Filed 10–15–07; 8:45 am] SUMMARY: In accordance with the ADDRESS COMMENTS TO: Address BILLING CODE 4909–60–M procedures governing the application Comments To: Record Center, Pipeline for, and the processing of, special and Hazardous Materials Safety permits from the Department of Administration, U.S. Department of DEPARTMENT OF TRANSPORTATION Transportation’s Hazardous Material Transportation, Washington, DC 20590. Regulations (49 CFR part 107, subpart Comments should refer to the Pipeline and Hazardous Materials B), notice is hereby given that the Office application number and be submitted in Safety Administration of Hazardous Materials Safety has triplicate. If confirmation of receipt of received the application described comments is desired, include a self- Office of Hazardous Materials Safety; herein. Each mode of transportation for addressed stamped postcard showing Notice of Application for Special which a particular special permit is the special permit number. Permits requested is indicated by a number in FOR FURTHER INFORMATION CONTACT: the ‘‘Nature of Application’’ portion of Copies of the applications are available AGENCY: Pipeline and Hazardous the table below as follows: 1—Motor for inspection in the Records Center, Materials Safety Administration vehicle, 2—Rail freight, 3—Cargo vessel, East Building, PHH–30, 1200 New (PHMSA), DOT. 4—Cargo aircraft only, 5—Passenger- Jersey Avenue Southeast, Washington, carrying aircraft. ACTION: List of Applications for Special DC or at http://dms.dot.gov. Permits. DATES: Comments must be received on This notice of receipt of applications or before November 15, 2007. for special permit is published in

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accordance with part 107 of the Federal Issued in Washington, DC, on October 10, hazardous materials transportation law 2007. (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Delmer F. Billings, Director, Officer of Hazardous Materials, Special Permits and Approvals.

NEW SPECIAL PERMITS

Application Docket No. No. Applicant Regulation(s) affected Nature of special permits thereof

14584–N ...... WavesinSolids LLC State 49 CFR 173.302 and To authorize the transportation in commerce of certain College, PA. 180.209. cylinders which have been alternatively ultrasonically retested for use in transporting Division 2.1, 2.2 and 2.3 materials. (modes 1, 2, 3, 4, 5). 14585–N ...... Kiddle Aerospace Wilson, 49 CFR 178.65 ...... To authorize the manufacture, marking, sale and use NC. of certain non-DOT specification cylinders (fire extin- guishers) that are used as components on the US Army’s Future Combat Systems Manned Ground Ve- hicles. (mode 1). 14587–N ...... Maxwell Technologies San 49 CFR 49 CFR parts 171– To authorize the transportation in commerce of certain Diego, CA. 180. non-DOT specification packagings (ultracapacitors) containing small amounts of acetonitrile as not sub- ject to the Hazardous Materials Regulations. (modes 1, 2, 3, 4, 5). 14588–N ...... Tulsa Gas Technologies, 49 CFR 177.834 ...... To authorize the transportation in commerce of certain Inc. Tulsa, OK. DOT 3AA specification cylinders containing com- pressed natural gas in bundles without removing them from the motor vehicle when loading or unload- ing. (mode 1). 14589–N ...... Florida Power and Light 49 CFR 173.403, To authorize the transportation in commerce of one Co. Jensen Beach, FL. 173.427(b), 173.465(c) Class 7 reactor vessel closure head and two steam and (d). generators containing radioactive materials in alter- native packaging. (mode 1). 14591–N ...... Essex Cryogenics of MO, 49 CFR 173.316 ...... To authorize the manufacture, marking, sale and use Inc. St. Louis, MO. of a non-DOT specification cylinder similar to a DOT 4L for the transportation of in commerce of Oxygen, refrigerated liquid. (modes 1, 2, 3, 4, 5). 14592–N ...... Southwest Airlines Co. Dal- 49 CFR 172.202(a)(6) ...... To authorize the transportation in commerce of Life- las, TX. Saving appliances, self-inflating by air when identi- fying only the gross weight per package on shipping papers. (mode 5). 14593–N ...... American Railcar Industries 49 CFR 180.509 ...... To authorize the continued transportation in commerce St. Charles, MO. of 23 DOT Specification 111 tank cars that are past their test date by up to 6 months. (mode 2).

[FR Doc. 07–5080 Filed 10–15–07; 8:45 am] of special permit applications that have 3. Application is technically complex BILLING CODE 4909–60–M been in process for 180 days or more. and is of significant impact or The reason(s) for delay and the expected precedent-setting and requires extensive completion date for action on each analysis. DEPARTMENT OF TRANSPORTATION applications is provided in association 4. Staff review delayed by other prior with each identified application. Pipeline and Hazardous Materials issues or volume of special permit FOR FURTHER INFORMATION CONTACT: Safety Administration applications. Delmer F. Billings, Director, Office of Meaning of Application Number Hazardous Materials Special Permits Office of Hazardous Materials Safety; Suffixes Notice of Delays in Processing of and Approvals, Pipeline and Hazardous Special Permits Applications Materials Safety Administration, U.S. N—New application. Department of Transportation, East M—Modification request. AGENCY: Pipeline and Hazardous Building, PHH–30, 1200 New Jersey Materials Safety Administration Avenue Southeast, Washington, DC PM—Party to application with (PHMSA), DOT. 20590–0001, (202) 366–4535. modification request. Issued in Washington, DC, on October 10, ACTION: List of Applications Delayed Key to ‘‘Reason for Delay’’ more than 180 days. 2007. 1. Awaiting additional information Delmer F. Billings, SUMMARY: In accordance with the from applicant. Director, Office of Hazardous Materials, requirements of 49 U.S.C. 5117(c), 2. Extensive public comment under Special Permits and Approvals. PHMSA is publishing the following list review.

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Reason for Estimated date Application No. Applicant delay of completion

Modification to Special Permits

10481–M ...... M–1 Engineering Limited Bradfrod, West Yorkshire ...... 4 11–30–2007

14167–M ...... Trinityrail, Dallas, TX ...... 1, 3, 4 11–30–2007

New Special Permit Applications

14385–N ...... Kansas City Southern Railway Company, Kansas City, MO ...... 4 11–30–2007 14442–N ...... Trinityrail, Dallas, TX ...... 4 11–30–2007 14483–N ...... WEW Westerwaelder Eisenwerk, Weitefeld, Germany ...... 4 11–30–2007 14504–N ...... Medis Technologies Ltd., New York, NY ...... 1 11–30–2007 14505–N ...... Arkema, Inc., Philadelphia, PA ...... 4 11–30–2007 14500–N ...... Northwest Respiratory Services, St. Paul, MN ...... 4 11–30–2007 14457–N ...... Amtrol Alfa Metalomecanica SA, Portugal ...... 4 10–31–2007 14436–N ...... BNSF Railway Company, Topeka, KS ...... 4 11–30–2007 14402–N ...... Lincoln Composites, Lincoln, NE ...... 1 12–31–2007

[FR Doc. 07–5081 Filed 10–15–07; 8:45 am] of Hazardous Materials Safety has Administration, U.S. Department of BILLING CODE 4910–60–M received the application described Transportation, Washington, DC 20590. herein. This notice is abbreviated to Comments should refer to the expedite docketing and public notice. application number and be submitted in DEPARTMENT OF TRANSPORTATION Because the sections affected, modes of triplicate. If confirmation of receipt of transportation, and the nature of comments is desired, include a self- Pipeline and Hazardous Materials application have been shown in earlier addressed stamped postcard showing Safety Administration Federal Register publications, they are the special permit number. Office of Hazardous Materials Safety; not repeated here. Request of FOR FURTHER INFORMATION CONTACT: Notice of Applications for Modification modifications of special permits (e.g. to Copies of the applications are available of Special Permit provide for additional hazardous for inspection in the Records Center, materials, packaging design changes, East Building, PHH–30, 1200 New AGENCY: Pipeline and Hazardous additional mode of transportation, etc.) Jersey Avenue, SE., Washington, DC or Materials Safety Administration are described in footnotes to the at http://dms.dot.gov. (PHMSA), DOT. application number. Application This notice of receipt of applications for modification of special permit is ACTION: List of applications for numbers with the suffic ‘‘M’’ denote a modification of special permit. modification request. There applications published in accordance with Part 107 have been separated from the new of the Federal hazardous materials SUMMARY: In accordance with the application for special permits to transportation law (49 U.S.C. 5117(b); procedures governing the application facilitate processing. 49 CFR 1.53(b)). for, and the processing of, special Issued in Washington, DC, on October 10, DATES: Comments must be received on permits from the Department of 2007. or before October 31, 2007. Transportation’s Hazardous Material Delmer F. Billings, Regulations (49 CFR part 107, subpart ADDRESSES: Record Center, Pipeline and Director, Office of Hazardous Materials, B), notice is hereby given that the Office Hazardous Materials Safety Special Permits and Approvals.

MODIFICATION SPECIAL PERMITS

Application No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof

10914–M ...... Honeywell International, 49 CFR 178.44 ...... To modify the special permit to authorize an in- Inc., Morristown, NJ. crease in the service life of non-DOT speci- fication pressure vessels used for the trans- portation of compressed helium. 11650–M ...... Autoliv ASP, Inc., 49 CFR 173.301; To modify the special permit to authorize a new Ogden, UT. 173.302; 178.65–9. air bag inflator. 13548–M ...... RSPA–2004–17545 .... Battery Council Inter- 49 CFR 172.301(c), To modify the special permit to authorize an in- national (BCI). 173.159. crease in the amount of battery acid that may be transported without placarding. 14096–M ...... RSPA–2005–20125 .... United States Enrich- 49 CFR 173.420 ...... To modify the special permit to authorize the ment Corporation one-time, one-way transportation of additional (USEC), Paducah, KY. Model 480M and Model 48A cylinders con- taining a Class 7 material that does not con- form to ANSI N14.1 standards. 14149–M ...... PHMSA–2005–20471 Digital Wave Corpora- 49 CFR 180.205, To modify the special permit to remove the re- tion, Englewood, CO. 180.209. quirement for gain linearity control accuracy being checked every six months in accordance with ASTM–E317.

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MODIFICATION SPECIAL PERMITS—Continued

Application No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof

14206–M ...... PHMSA–2005–21762 Digital Wave Corpora- 49 CFR 180.205 ...... To modify the special permit for gain linearity tion, Englewood, CO. control accuracy being checked every six months in accordance with ASTM–E317. 14427–M ...... PHMSA–2006–26246 The Procter & Gamble 49 CFR 173.156(b)(1), To modify the special permit to authorize the Company, Cincinnati, 173.306(a) and transportation in commerce of consumer com- OH. 173.306(a)(3)(v). modities that are unitized in cages, carts, boxes, or similar overpacks to be transported under the provisions of § 173.156(b). 14526–M ...... Kidde Aerospace, Wil- 49 CFR 173.302a ...... To reissue the special permit originally issued on son, NC. an emergency basis for the transportation in commerce of a Division 2.2 compressed gas in a non-DOT specification cylinder similar to a DOT–39 for transportation by motor vehicle.

[FR Doc. 07–5082 Filed 10–15–07; 8:45 am] International Emergency Economic Bogota, Colombia; c/o Financiacion y BILLING CODE 4909–60–M Powers Act (50 U.S.C. 1701–1706), Empresa S.A., Cali, Colombia; c/o issued Executive Order 12978 (60 FR Fundacion Para La Educacion y El 54579, October 24, 1995) (the ‘‘Order’’). Desarrollo Social, Cali, Colombia; c/o DEPARTMENT OF THE TREASURY In the Order, the President declared a Inversiones Corporativas LTDA., Cali, national emergency to deal with the Colombia; c/o Inversiones Sardi Alzate Office of Foreign Assets Control threat posed by significant foreign S.C.S., Cali, Colombia; c/o Outsourcing narcotics traffickers centered in De Operaciones S.A., Bogota, Colombia; Additional Designation of Entities Colombia and the harm that they cause c/o Turismo Hansa S.A., San Andres, Pursuant to Executive Order 12978 in the United States and abroad. Colombia; DOB 13 Aug 1959; POB Section 1 of the Order blocks, with AGENCY: Colombia; Cedula No. 16658014 Office of Foreign Assets certain exceptions, all property and Control, Treasury. (Colombia); Passport 16658014 interests in property that are in the (Colombia) (individual) [SDNT]. ACTION: Notice. United States, or that hereafter come 2. Alzate Jimenez, Luis Holmes, c/o within the United States or that are or SUMMARY: The Treasury Department’s Andinaenvios An en S.A., Quito, Office of Foreign Assets Control hereafter come within the possession or Ecuador; c/o Cambios y Capitales S.A., (‘‘OFAC’’) is publishing the names of 21 control of United States persons, of: (1) Bogota, Colombia; c/o Fundacion Para newly-designated individuals and The persons listed in an Annex to the La Educacion y El Desarrollo SOCIAL, entities whose property and interests in Order; (2) any foreign person Cali, Colombia; c/o Turismo Hansa S.A., property are blocked pursuant to determined by the Secretary of the San Andres, Colombia; Calle 5E No. 47– Executive Order 12978 of October 21, Treasury, in consultation with the 57 apto. 302, Cali, Colombia; DOB 04 1995, ‘‘Blocking Assets and Prohibiting Attorney General and Secretary of State, Jun 1958; POB Colombia; Cedula No. Transactions with Significant Narcotics to play a significant role in international 16597861 (Colombia); Passport Traffickers.’’ narcotics trafficking centered in AF719920 (Colombia) (individual) Colombia; or (3) to materially assist in, [SDNT]. DATES: The designation by the Director or provide financial or technological 3. Alzate Jimenez, Tulio Hernando, c/ of the Office of Foreign Assets Control support for or goods or services in o Andinaenvios An en S.A., Quito, of the 21 individuals and entities support of, the narcotics trafficking Ecuador; c/o Cambios y Capitales S.A., identified in this notice pursuant to activities of persons designated in or Bogota, Colombia; c/o Constructora e Executive Order 12978 is effective on pursuant to this order; and (4) persons Inmobiliaria Andina S.A., Cali, October 10, 2007. determined by the Secretary of the Colombia; c/o Financiacion y Empresa FOR FURTHER INFORMATION CONTACT: Treasury, in consultation with the S.A., Cali, Colombia; c/o Fundacion Assistant Director, Compliance Attorney General and the Secretary of Para La Educacion y El Desarrollo Outreach & Implementation, Office of State, to be owned or controlled by, or SOCIAL, Cali, Colombia; c/o Inversiones Foreign Assets Control, Department of to act for or on behalf of, persons Corporativas LTDA., Cali, Colombia; c/ the Treasury, Washington, DC 20220, designated pursuant to this Order. tel.: (202) 622–2490. On October 10, 2007, the Director of o T.H. Alzate Y CIA. S.C.S., Cali, Colombia; c/o Turismo Hansa S.A., San SUPPLEMENTARY INFORMATION: the Office of Foreign Assets Control, in consultation with the Attorney General Andres, Colombia; DOB 28 Mar 1961; Electronic and Facsimile Availability and Secretary of State, as well as the POB Colombia; Cedula No. 16659731 This document and additional Secretary of Homeland Security, (Colombia); Passport AF770530 information concerning OFAC are designated 21 entities and individuals (Colombia) (individual) [SDNT]. available from OFAC’s Web site whose property and interests in 4. Andinaenvios An en S.A., Avenida (http://www.treas.gov/ofac) or via property are blocked pursuant to the 10 de Agosto N37–288 y Villalengua, facsimile through a 24-hour fax-on Order. Quito, Ecuador; RUC # 1791769155001 demand service, tel.: (202) 622–0077. The list of additional designees is as (Ecuador) [SDNT]. follows: 5. Asesoria y Soluciones Grupo Background 1. Alzate Jimenez, Diego Uriel, c/o Consultor S.A., Calle 15 Norte No. 6N– On October 21, 1995, the President, Andinaenvios An en S.A., Quito, 34 ofc. 404, Cali, Colombia; NIT # invoking the authority, inter alia, of the Ecuador; c/o Cambios y Capitales S.A., 805018000–1 (Colombia) [SDNT].

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6. Cambios y Capitales S.A. (a.k.a. C Consultoria Integral y Asesoria Assets and Prohibiting Transactions & CAP S.A.), Calle 12N No. 3N–12, Cali, Empresarial S.A., Cali, Colombia; c/o With Significant Narcotics Traffickers. Colombia; Calle 19 No. 6–48 Local 314– Inversiones Epoca S.A., Cali, Colombia; DATES: The unblocking and removal 315, Pereira, Colombia; Calle 27 No. 26– c/o J.A.J. Barbosa y CIA. S.C.S., Cali, from the list of Specially Designated 60 Local 105 D, Tulua, Valle, Colombia; Colombia; Carrera 72 No. 11–46 Blq. 11 Narcotics Traffickers of the individuals Calle 29 No. 27–56 Local 102, Palmira, apto. 403, Cali, Colombia; DOB 22 Feb identified in this notice whose property Valle, Colombia; Calle 99 No. 11A–41, 1971; POB Cali, Colombia; Cedula No. and interests in property were blocked Bogota, Colombia; Carrera 4 No. 10–62 16792756 (Colombia); Passport pursuant to Executive Order 12978 of Local 15, Cartago, Valle, Colombia; AJ172334 (Colombia) (individual) October 21, 1995, is effective on October Carrera 15 No. 93–60 Local 1–36, [SDNT]. 10, 2007. Bogota, Colombia; Carrera 43A No. 34– 17. Lopera Barbosa, Juan Carlos, c/o FOR FURTHER INFORMATION CONTACT: 95 Local 268, Medellin, Colombia; Asesoria y Soluciones Grupo Consultor Assistant Director, Compliance Carrera 44 No. 6A–43 piso 2, Cali, S.A., Cali, Colombia; c/o Consultoria Outreach & Implementation, Office of Colombia; Centro Comercial New Point, Integral y Asesoria Empresarial S.A., Foreign Assets Control, Department of Avenida Providencia No. 1–35 Local Cali, Colombia; c/o Inversiones Epoca the Treasury, Washington, DC 20220, 106, San Andres, Colombia; Transversal S.A., Cali, Colombia; c/o J.A.J. Barbosa tel.: 202/622–2420. 71 No. 26–94 Sur Local 4506, Bogota, y CIA. S.C.S., Cali, Colombia; Carrera 81 SUPPLEMENTARY INFORMATION: Colombia; NIT # 805001015–5 No. 13A–125 Casa 11, Cali, Colombia; (Colombia) [SDNT]. DOB 18 Jan 1968; POB Cali, Colombia; Electronic and Facsimile Availability 7. Constructora e Inmobiliaria Andina Cedula No. 16746731 (Colombia); This document and additional S.A., Calle 16 Norte No. 9N–41, Cali, Passport AK122874 (Colombia) information concerning OFAC are Colombia; NIT # 800155233–7 (individual) [SDNT]. available from OFAC’s Web site (Colombia) [SDNT]. 18. Outsourcing De Operaciones S.A. (http://www.treas.gov/ofac) via 8. Consultoria Integral y Asesoria (a.k.a. Afiazacredit; a.k.a. Avantecard; facsimile through a 24-hour fax-on Empresarial S.A. (f.k.a. ASECOM S.A.; a.k.a. Crediavante; f.k.a. Servicios y demand service, tel.: (202) 622–0077. a.k.a. COINEMP S.A.), Calle 15 Norte Remesas S.A.; a.k.a. Turismo Avante), No. 6N–34 ofc. 404, Cali, Colombia; NIT Calle 52A No. 9–86 piso 2 y piso 3, Background # 890326149–8 (Colombia) [SDNT]. Bogota, Colombia; NIT # 805021157–8 On October 21, 1995, the President, 9. Financiacion y Empresa S.A. (a.k.a. (Colombia) [SDNT]. invoking the authority, inter alia, of the FINEMPRESA S.A.), Calle 16 Norte No. 19. Salazar Lugo, Nelson, c/o Turismo International Emergency Economic 9N–41, Cali, Colombia; NIT # Hansa S.A., San Andres, Colombia; DOB Powers Act (50 U.S.C. 1701–1706) 800153965–0 (Colombia) [SDNT]. 14 Jul 1955; POB Colombia; Cedula No. 10. Fundacion Para La Educacion y El (‘‘IEEPA’’), issued Executive Order 16597419 (Colombia); Passport 12978 (60 FR 54579, October 24, 1995) Desarrollo Social (a.k.a. AH682171 (Colombia) (individual) FUNDASOCIAL), Calle 16 Norte No. (the ‘‘Order’’). In the Order, the [SDNT]. President declared a national emergency 9N–41, Cali, Colombia; NIT # 20. T.H. Alzate y Cia. S.C.S., Calle 16 to deal with the threat posed by 800142875–9 (Colombia) [SDNT]. Norte No. 9N–41, Cali, Colombia; NIT # significant foreign narcotics traffickers 11. Inversiones Corporativas LTDA., 805008972–0 (Colombia) [SDNT]. Calle 16 Norte No. 9N–41, Cali, 21. Turismo Hansa S.A., Avenida 4 centered in Colombia and the harm that Colombia; NIT # 800203027–2 Norte No. 19N–34 ofc. 302, Cali, they cause in the United States and (Colombia) [SDNT]. Colombia; Centro Comercial New Point abroad. Section 1 of the Order blocks, with 12. Inversiones Epoca S.A., Calle 15 Local 204, San Andres, Colombia; NIT certain exceptions, all property and Norte No. 6N–34 ofc. 404, Cali, # 860027780–4 (Colombia) [SDNT]. Colombia; NIT # 805012582–7 interests in property that are in the Dated: October 10, 2007. (Colombia) [SDNT]. United States, or that hereafter come 13. Inversiones Sardi Alzate S.C.S., Adam J. Szubin, within the United States or that are or Calle 16 Norte No. 9N–41, Cali, Director, Office of Foreign Assets Control. hereafter come within the possession or Colombia; NIT # 805009126–0 [FR Doc. E7–20335 Filed 10–15–07; 8:45 am] control of United States persons, of: (1) (Colombia) [SDNT]. BILLING CODE 4811–45–P The persons listed in an Annex to the 14. J.A.J. Barbosa y CIA. S.C.S. (f.k.a. Order; (2) any foreign person Comercio Global y CIA. S.C.S.), Calle 15 determined by the Secretary of the Norte No. 6N–34 ofc. 404, Cali, DEPARTMENT OF THE TREASURY Treasury, in consultation with the Colombia; NIT # 800214437–6 Attorney General and Secretary of State, (Colombia) [SDNT]. Office of Foreign Assets Control to play a significant role in international 15. Lopera Barbosa, Adriana, c/o narcotics trafficking centered in Unblocking of Specially Designated Asesoria y Soluciones Grupo Consultor Colombia; or (3) to materially assist in, Narcotics Trafficker Pursuant to S.A., Cali, Colombia; c/o Consultoria or provide financial or technological Executive Order 12978 Integral y Asesoria Empresarial S.A., support for or goods or services in Cali, Colombia; c/o Inversiones Epoca AGENCY: Office of Foreign Assets support of, the narcotics trafficking S.A., Cali, Colombia; c/o J.A.J. Barbosa Control, Treasury. activities of persons designated in or y CIA. S.C.S., Cali, Colombia; Calle 1A ACTION: Notice. pursuant to this order; and (4) persons No. 60–61 apto. 205B, Cali, Colombia; determined by the Secretary of the DOB 21 Jun 1965; POB Cali, Colombia; SUMMARY: The Treasury Department’s Treasury, in consultation with the Cedula No. 31930002 (Colombia); Office of Foreign Assets Control Attorney General and the Secretary of Passport AG820191 (Colombia) (‘‘OFAC’’) is publishing the name of State, to be owned or controlled by, or (individual) [SDNT]. four individuals whose property and to act for or on behalf of, persons 16. Lopera Barbosa, Jairo Humberto, interests in property have been designated pursuant to this Order. c/o Asesoria Y Soluciones Grupo unblocked pursuant to Executive Order On October 10, 2007, the Director of Consultor S.A., Cali, Colombia; c/o 12978 of October 21, 1995, Blocking OFAC removed from the list of

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Specially Designated Narcotics ADDRESSES: Direct all written comments information is necessary for the proper Traffickers the individuals listed below, to Glenn Kirkland Internal Revenue performance of the functions of the whose property and interests in Service, room 6129, 1111 Constitution agency, including whether the property were blocked pursuant to the Avenue, NW., Washington, DC 20224. information shall have practical utility; Order. FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate The listing of the unblocked Requests for additional information or of the burden of the collection of individuals follows: copies of the form and instructions information; (c) ways to enhance the CALDERON ASCANIO, Ricardo, c/o should be directed to Larnice Mack at quality, utility, and clarity of the COPSERVIR LTDA., Bogota, Colombia; Internal Revenue Service, room 6129, information to be collected; (d) ways to Cedula No. 91220683 (Colombia) 1111 Constitution Avenue, NW., minimize the burden of the collection of (individual) [SDNT]. Washington, DC 20224, or at (202) 622– information on respondents, including CORDOBA VALENCIA, Juan Ramon, 3179, or through the internet at through the use of automated collection c/o BONOMERCAD S.A., Bogota, ([email protected]). techniques or other forms of information Colombia; c/o PATENTES MARCAS Y technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: REGISTROS S.A., Bogota, Colombia; or start-up costs and costs of operation, Title: Tax Forms Inventory Report. maintenance, and purchase of services c/o SHARPER S.A., Bogota, Colombia; OMB Number: 1545–1739. to provide information. Cedula No. 19273511 (Colombia) Form Number: 9460 and 9477. (individual) [SDNT]. Abstract: Form 9460 and 9477 are Approved: October 4, 2007. CALDERON RODRIGUEZ, Solange, designed to collect tax forms inventory Glenn Kirkland, c/o INMOBILIARIA AURORA LTDA., information from banks, post offices, IRS Reports Clearance Officer. Cali, Colombia; c/o SOCIEDAD and libraries that distribute federal tax [FR Doc. E7–20303 Filed 10–15–07; 8:45 am] CONSTRUCTORA LA CASCADA S.A., forms. Data is collected detailing the BILLING CODE 4830–01–P Cali, Colombia; c/o INVERSIONES quantities and types of tax forms SANTA LTDA., Cali, Colombia; DOB 17 remaining at the end of the filing Jun 1966; Cedula No. 31957652 season. The data is combined with the DEPARTMENT OF THE TREASURY (Colombia) (individual) [SDNT]. shipment date for each account and IDROBO ZAPATA, Edgar Hernando, used to establish forms distribution Internal Revenue Service c/o INVERSIONES EL PENON S.A., guidelines for the following year. Form Cali, Colombia; c/o INMOBILIARIA 9460 is used for accounts who order Proposed Collection; Comment U.M.V. S.A., Cali, Colombia; Cedula No. forms in carton quantities, and Form Request for Form 8038–R 6078860 (Colombia) (individual) 9477 is used for those who order forms AGENCY: Internal Revenue Service (IRS), [SDNT]. in less than carton quantities. Treasury. Dated: October 10, 2007. Current Actions: There are no changes ACTION: Notice and request for Adam J. Szubin, being made to the forms at this time. comments. Director, Office of Foreign Assets Control. Type of Review: Extension of a [FR Doc. E7–20336 Filed 10–15–07; 8:45 am] currently approved collection. SUMMARY: The Department of the Affected Public: Business or other for- Treasury, as part of its continuing effort BILLING CODE 4811–45–P profit organizations, not-for-profit to reduce paperwork and respondent institutions, and the Federal burden, invites the general public and DEPARTMENT OF THE TREASURY government. other Federal agencies to take this Estimated Number of Respondents: opportunity to comment on proposed Internal Revenue Service 14,000. and/or continuing information Estimated Time per Respondent: 14 collections, as required by the Proposed Collection; Comment minutes. Paperwork Reduction Act of 1995, Request for Form 9460 and 9477 Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. Hours: 3,417. 3506(c)(2)(A)). Currently, the IRS is AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all soliciting comments concerning Form Treasury. of the collections of information covered 8038–R, Request for Recovery of ACTION: Notice and request for by this notice. Overpayments Under Arbitrage Rebate comments. An agency may not conduct or Provisions. sponsor, and a person is not required to SUMMARY: DATES: Written comments should be The Department of the respond to, a collection of information Treasury, as part of its continuing effort received on or before December 17, 2007 unless the collection of information to be assured of consideration. to reduce paperwork and respondent displays a valid OMB control number. ADDRESSES: Direct all written comments burden, invites the general public and Books or records relating to a collection to Glenn Kirkland, Internal Revenue other Federal agencies to take this of information must be retained as long Service, room 6129, 1111 Constitution opportunity to comment on proposed as their contents may become material Avenue, NW., Washington, DC 20224. and/or continuing information in the administration of any internal collections, as required by the revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, tax return information are confidential, Requests for additional information or Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. copies of the form and instructions 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments should be directed to Larnice Mack at soliciting comments concerning Forms submitted in response to this notice will Internal Revenue Service, room 6129, 9460 and 9477, Tax Forms Inventory be summarized and/or included in the 1111 Constitution Avenue, NW., Report. request for OMB approval. All Washington, DC 20224, or at (202) 622– DATES: Written comments should be comments will become a matter of 3179, or through the internet at received on or before December 17, 2007 public record. Comments are invited on: ([email protected]). to be assured of consideration. (a) Whether the collection of SUPPLEMENTARY INFORMATION:

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Title: Request for Recovery of Approved: October 4, 2007. Estimated Number of Respondents: Overpayments Under Arbitrage Rebate Glenn Kirkland, 1,000. Provisions. IRS Reports Clearance Office. Estimated Time per Respondent: 27 OMB Number: 1545–1750. [FR Doc. E7–20305 Filed 10–15–07; 8:45 am] hours, 20 minutes. BILLING CODE 4830–01–P Estimated Total Annual Burden Form Number: 8038–R. Hours: 27,330. Abstract: Under Treasury Regulations The following paragraph applies to all section 1.148–3(i), bond issuers may DEPARTMENT OF THE TREASURY of the collections of information covered recover an overpayment of arbitrage by this notice: rebate paid to the United States under Internal Revenue Service An agency may not conduct or Internal Revenue Code section 148. sponsor, and a person is not required to Form 8038–R is used to request recovery Proposed Collection; Comment respond to, a collection of information of any overpayment of arbitrage rebate Request for Form 1120–SF unless the collection of information made under the arbitrage rebate AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. provisions. Treasury. Books or records relating to a collection of information must be retained as long Current Actions: There are no changes ACTION: Notice and request for as their contents may become material being made to the form at this time. comments. in the administration of any internal Type of Review: Extension of a revenue law. Generally, tax returns and currently approved collection. SUMMARY: The Department of the Treasury, as part of its continuing effort tax return information are confidential, Affected Public: State, local or tribal to reduce paperwork and respondent as required by 26 U.S.C. 6103. governments. burden, invites the general public and Request for Comments: Comments Estimated Number of Respondents: other Federal agencies to take this submitted in response to this notice will 200. opportunity to comment on proposed be summarized and/or included in the Estimated Time per Respondent: 12 and/or continuing information request for OMB approval. All hours, 16 minutes. collections, as required by the comments will become a matter of Paperwork Reduction Act of 1995, public record. Comments are invited on: Estimated Total Annual Burden (a) Whether the collection of Hours: 2,458. Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is information is necessary for the proper The following paragraph applies to all soliciting comments concerning Form performance of the functions of the of the collections of information covered 1120–SF, U.S. Income Tax Return for agency, including whether the by this notice: Settlement Funds (Under Section 468B). information shall have practical utility; An agency may not conduct or DATES: Written comments should be (b) the accuracy of the agency’s estimate sponsor, and a person is not required to received on or before December 17, 2007 of the burden of the collection of respond to, a collection of information to be assured of consideration. information; (c) ways to enhance the quality, utility, and clarity of the unless the collection of information ADDRESSES: Direct all written comments displays a valid OMB control number. to Glenn Kirkland, Internal Revenue information to be collected; (d) ways to Books or records relating to a collection Service, room 6129, 1111 Constitution minimize the burden of the collection of of information must be retained as long Avenue, NW., Washington, DC 20224. information on respondents, including as their contents may become material through the use of automated collection FOR FURTHER INFORMATION CONTACT: techniques or other forms of information in the administration of any internal Requests for additional information or revenue law. Generally, tax returns and technology; and (e) estimates of capital copies of the form and instructions or start-up costs and costs of operation, tax return information are confidential, should be directed to Larnice Mack at as required by 26 U.S.C. 6103. maintenance, and purchase of services Internal Revenue Service, room 6129, to provide information. Request for Comments: Comments 1111 Constitution Avenue, NW., submitted in response to this notice will Washington, DC 20224, or at (202) 622– Approved: October 4, 2007. be summarized and/or included in the 3179, or through the internet at Glenn Kirkland, request for OMB approval. All ([email protected]). IRS Reports Clearance Officer. comments will become a matter of SUPPLEMENTARY INFORMATION: [FR Doc. E7–20306 Filed 10–15–07; 8:45 am] public record. Comments are invited on: Title: U.S. Income Tax Return for BILLING CODE 4830–01–P (a) Whether the collection of Settlement Funds (Under Section 468B). information is necessary for the proper OMB Number: 1545–1394. performance of the functions of the Form Number: 1120–SF. DEPARTMENT OF VETERANS agency, including whether the Abstract: Form 1120–SF is used by AFFAIRS information shall have practical utility; settlement funds to report income and (b) the accuracy of the agency’s estimate taxes on earnings of the fund. The fund [OMB Control No. 2900–New (38 CFR 21.7080)] of the burden of the collection of may be established by court order, a information; (c) ways to enhance the breach of contract, a violation of law, an Agency Information Collection quality, utility, and clarity of the arbitration panel, or the Environmental Activities Under OMB Review information to be collected; (d) ways to Protection Agency. The IRS uses Form minimize the burden of the collection of 1120–SF to determine if income and AGENCY: Veterans Benefits information on respondents, including taxes are correctly computed. Administration, Department of Veterans through the use of automated collection Current Actions: There are no changes Affairs techniques or other forms of information being made to the form at this time. ACTION: Notice. technology; and (e) estimates of capital Type of Review: Extension of a or start-up costs and costs of operation, currently approved collection. SUMMARY: In compliance with the maintenance, and purchase of services Affected Public: Business or other for- Paperwork Reduction Act (PRA) of 1995 to provide information. profit organizations. (44 U.S.C. 3501–3521), this notice

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announces that the Veterans Benefits of information was published on July OMB Control Number: 2900–0546. Administration (VBA), Department of 30, 2007, at page 41586–41587. Type of Review: Extension of a Veterans Affairs, has submitted the Affected Public: Individuals or currently approved collection. collection of information abstracted households. Abstract: VA Form Letter 40–40 is below to the Office of Management and Estimated Annual Burden: 2. sent biennially to individuals holding Budget (OMB) for review and comment. Estimated Average Burden per gravesite set-asides to ascertain their The PRA submission describes the Respondent: 5 minutes. wish to retain the set-aside, or nature of the information collection and Frequency of Response: Once. relinquish it. Gravesite reservation its expected cost and burden; it includes Estimated Number of Respondents: surveys are necessary as some holders the actual data collection instrument. 24. become ineligible, are buried elsewhere, DATES: Comments must be submitted on Dated: October 10, 2007. or simply wish to cancel a gravesite set- or before November 15, 2007. By direction of the Secretary. aside. The survey is conducted to assure that gravesite set-asides do not go ADDRESSES: Submit written comments Denise McLamb, on the collection of information through unused. Program Analyst, Records Management An agency may not conduct or www.Regulations.gov or to VA’s OMB Service. Desk Officer, OMB Human Resources sponsor, and a person is not required to [FR Doc. E7–20327 Filed 10–15–07; 8:45 am] and Housing Branch, New Executive respond to a collection of information Office Building, Room 10235, BILLING CODE 8320–01–P unless it displays a currently valid OMB Washington, DC 20503 (202) 395–7316. control number. The Federal Register Notice with a 60-day comment period Please refer to ‘‘OMB Control No. 2900- DEPARTMENT OF VETERANS soliciting comments on this collection New (38 CFR 21.7080)’’ in any AFFAIRS correspondence. of information was published on August [OMB Control No. 2900–0546] 8, 2007, at pages 44613–44614. FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals or Denise McLamb, Records Management Agency Information Collection households, Business or other for profit. Service (005R1B), Department of Activities Under OMB Review Estimated Annual Burden: 2,750. Veterans Affairs, 810 Vermont Avenue, Estimated Average Burden Per NW., Washington, DC 20420, (202) 461– AGENCY: National Cemetery Respondent: 10 minutes. Administration, Department of Veterans 7485, FAX (202) 273–0443 or e-mail Frequency of Response: Biennially. [email protected]. Please Affairs. Estimated Number of Respondents: refer to ‘‘OMB Control No. 2900–New ACTION: Notice. 16,500. (38 CFR 21.7080).’’ SUPPLEMENTARY INFORMATION: SUMMARY: In compliance with the Dated: October 10, 2007. Title: Evidence for Transfer of Paperwork Reduction Act (PRA) of 1995 By direction of the Secretary. Entitlement of Education Benefits (CFR (44 U.S.C. 3501—3521), this notice Denise McLamb, 21.7080). announces that the National Cemetery Program Analyst, Records Management OMB Control Number: 2900-New (38 Administration (NCA), Department of Service. CFR 21.7080). Veterans Affairs, has submitted the [FR Doc. E7–20331 Filed 10–15–07; 8:45 am] Type of Review: Extension of a collection of information abstracted BILLING CODE 8320–01–P currently approved collection. below to the Office of Management and Abstract: Servicemembers on active Budget (OMB) for review and comment. duty may request to designate up to a The PRA submission describes the DEPARTMENT OF VETERANS maximum of 18 months of their nature of the information collection and AFFAIRS educational assistance entitlement to its expected cost and burden; it includes [OMB Control No. 2900–0657] their spouse, one or more of their the actual data collection instrument. children, or a combination of the spouse DATES: Comments must be submitted on Proposed Information Collection and children. VA will accept DOD Form or before November 15, 2007. Activity: Proposed Collection; 2366–1 as evidence that the ADDRESSES: Submit written comments Comment Request servicemember was approved by the on the collection of information through military to transfer entitlement. The AGENCY: Veterans Benefits www.Regulations.gov; or to VA’s OMB servicemember must submit in writing Administration, Department of Veterans Desk Officer, OMB Human Resources to VA, the name of each dependent, the Affairs. and Housing Branch, New Executive number of months of entitlement Office Building, Room 10235, ACTION: Notice. transferred to each dependent, and the Washington, DC 20503 (202) 395–7316. period (beginning date or ending date) SUMMARY: The Veterans Benefits Please refer to ‘‘OMB Control No. 2900– for which the transfer will be effective Administration (VBA), Department of 0546’’ in any correspondence. for each designated dependent. VA will Veterans Affairs (VA), is announcing an use the information shown on DOD FOR FURTHER INFORMATION CONTACT: opportunity for public comment on the Form 2366–1 to determine whether the Denise McLamb, Records Management proposed collection of certain dependent qualifies to receive education Service (005R1B), Department of information by the agency. Under the benefits under the transfer of Veterans Affairs, 810 Vermont Avenue, Paperwork Reduction Act (PRA) of entitlement provision of law. NW., Washington, DC 20420, (202) 461– 1995, Federal agencies are required to An agency may not conduct or 7485, fax (202) 273–0443 or e-mail publish notice in the Federal Register sponsor, and a person is not required to [email protected]. Please concerning each proposed collection of respond to a collection of information refer to ‘‘OMB Control No. 2900–0546’’ information, including each proposed unless it displays a currently valid OMB In any correspondence. extension of a currently approved control number. The Federal Register SUPPLEMENTARY INFORMATION: collection, and allow 60 days for public Notice with a 60-day comment period Title: Gravesite Reservation Survey (2 comment in response to the notice. This soliciting comments on this collection Year), VA Form 40–40. notice solicits comments for information

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needed to obtain certification from State veterans or eligible person based on NW., Washington, DC 20420 or e-mail to approving agency and employees of VA their enrollment in proprietary school [email protected]. Please refer to certifying that they do not own any and who are officials authorized to ‘‘OMB Control No. 2900–0576’’ in any interest in a proprietary profit school. signed certificates of enrollment are also correspondence. During the comment DATES: Written comments and prohibited from receiving educational period, comments may be viewed online recommendations on the proposed assistance based on their enrollment. through the Federal Docket Management collection of information should be Propriety schools officials complete VA System (FDMS) at http:// received on or before December 17, Form 22–1919 certifying that the www.Regulations.gov. 2007. institution and enrollees do not have FOR FURTHER INFORMATION CONTACT: any conflict of interest. ADDRESSES: Submit written comments Nancy J. Kessinger at (202) 461–9769 or Affected Public: Business or other for- FAX (202) 275–5947. on the collection of information through profit. http://www.Regulations.gov or to Nancy Estimated Annual Burden: 25 hours. SUPPLEMENTARY INFORMATION: Under the J. Kessinger, Veterans Benefits Estimated Average Burden per PRA of 1995 (Pub. L.104–13; 44 U.S.C. Administration (20M35), Department of Respondent: 10 minutes. 3501—3521), Federal agencies must Veterans Affairs, 810 Vermont Avenue, Frequency of Response: On occasion. obtain approval from the Office of NW., Washington, DC 20420 or e-mail to Estimated Number of Respondents: Management and Budget (OMB) for each [email protected]. Please refer to 150. collection of information they conduct or sponsor. This request for comment is ‘‘OMB Control No. 2900–0657’’ in any Dated: October 2, 2007. correspondence. During the comment being made pursuant to section By direction of the Secretary. period, comments may be viewed online 3506(c)(2)(A) of the PRA. through the Federal Docket Management Denise McLamb, With respect to the following System (FDMS) at http:// Program Analyst, Records Management collection of information, VBA invites www.Regulations.gov. Service. comments on: (1) Whether the proposed [FR Doc. E7–20332 Filed 10–15–07; 8:45 am] collection of information is necessary FOR FURTHER INFORMATION CONTACT: BILLING CODE 8320–01–P for the proper performance of VBA’s Nancy J. Kessinger at (202) 461–9769 or functions, including whether the FAX (202) 275–5947. information will have practical utility; SUPPLEMENTARY INFORMATION: Under the DEPARTMENT OF VETERANS (2) the accuracy of VBA’s estimate of the PRA of 1995 (Pub. L. 104–13; 44 U.S.C. AFFAIRS burden of the proposed collection of 3501—3521), Federal agencies must [OMB Control No. 2900–0576] information; (3) ways to enhance the obtain approval from the Office of quality, utility, and clarity of the Management and Budget (OMB) for each Proposed Information Collection information to be collected; and (4) collection of information they conduct Activity: Proposed Collection; ways to minimize the burden of the or sponsor. This request for comment is Comment Request collection of information on being made pursuant to section respondents, including through the use AGENCY: Veterans Benefits 3506(c)(2)(A) of the PRA. of automated collection techniques or Administration, Department of Veterans With respect to the following the use of other forms of information Affairs. collection of information, VBA invites technology. comments on: (1) Whether the proposed ACTION: Notice. Title: Certificate of Affirmation of collection of information is necessary SUMMARY: The Veterans Benefits Enrollment Agreement— for the proper performance of VBA’s Administration (VBA), Department of Correspondence Course (Under functions, including whether the Veterans Affairs (VA), is announcing an Chapters 20, 32, & 35, Title 38 U.S.C., information will have practical utility; opportunity for public comment on the section 903 of Pub. L. 96–342, or (2) the accuracy of VBA’s estimate of the proposed collection of certain Chapter 1606, Title 10, U.S.C.), VA burden of the proposed collection of information by the agency. Under the Form 22–1999c. information; (3) ways to enhance the Paperwork Reduction Act (PRA) of OMB Control Number: 2900–0576. quality, utility, and clarity of the Type of Review: Extension of a 1995, Federal agencies are required to information to be collected; and (4) currently approved collection. publish notice in the Federal Register ways to minimize the burden of the Abstract: Claimants enrolled in a concerning each proposed collection of collection of information on correspondence training course information, including each proposed respondents, including through the use complete and submit VA Form 22– extension of a currently approved of automated collection techniques or 1999c to the correspondence school to collection, and allow 60 days for public the use of other forms of information affirm the enrollment agreement comment in response to the notice. This technology. contract. The certifying official at the notice solicits comments for information Title: Conflicting Interests correspondence school submits the form needed to determine a claimant’s date of Certification for Proprietary Schools, VA and the enrollment certification to VA enrollment in a correspondence course. form 22–1919. for processing. VA uses the information OMB Control Number: 2900–0657. DATES: Written comments and to determine if the claimant signed and Type of Review: Extension of a recommendations on the proposed dated the form during the ten-day currently approved collection. collection of information should be reflection period deciding whether to Abstract: VA pays education benefits received on or before December 17, enroll in the correspondence course and to veterans and other eligible person 2007. if such course is suitable to his or her pursuing approved programs of ADDRESSES: Submit written comments abilities and interest. In addition, the education. Employees of VA and State on the collection of information through claimant must sign VA Form 22–1999c approving agency enrolled in a http://www.Regulations.gov or to Nancy on or after the twelfth day the proprietary profit school are prohibited J. Kessinger, Veterans Benefits enrollment agreement was dated. VA from owning any interest in the school. Administration (20M35), Department of will not pay educational benefits for Educational assistance provided to Veterans Affairs, 810 Vermont Avenue, correspondence training that was

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completed nor accept the affirmation OMB Control Number: 2900–New Executive Office Building, Room 10235, agreement that was signed and dated on (22–0810). Washington, DC 20503 (202) 395–7316. or before the enrollment agreement date. Type of Review: Existing collection in Please refer to ‘‘OMB Control No. 2900– Affected Public: Individuals or use without an OMB control number. 0261’’ in any correspondence. households. Abstract: Servicemembers, veterans, FOR FURTHER INFORMATION CONTACT: Estimated Annual Burden: 48 hours. and eligible dependents complete VA Denise McLamb, Records Management Estimated Average Burden Per Form 22–0810 to request reimbursement Service (005R1B), Department of Respondent: 3 minutes. of national test fees. VA will use the Veterans Affairs, 810 Vermont Avenue, Frequency of Response: On occasion. data collected to determine the NW., Washington, DC 20420, (202) 461– Estimated Number of Respondents: claimant’s eligibility for reimbursement. 952. 7485, FAX (202) 273–0443 or e-mail An agency may not conduct or [email protected]. Please October 3, 2007. sponsor, and a person is not required to refer to ‘‘OMB Control No. 2900–0261.’’ respond to a collection of information By direction of the Secretary. SUPPLEMENTARY INFORMATION: unless it displays a currently valid OMB Denise McLamb, Title: Application for Refund of Program Analyst, Records Management control number. The Federal Register Notice with a 60-day comment period Educational Contributions (VEAP, Service. Chapter 32, Title 38, U.S.C.), VA Form [FR Doc. E7–20333 Filed 10–15–07; 8:45 am] soliciting comments on this collection of information was published on August 22–5281. BILLING CODE 8320–01–P 8, 2007, at page 44614. OMB Control Number: 2900–0261. Affected Public: Individuals or Type of Review: Extension of a households. currently approved collection. DEPARTMENT OF VETERANS Abstract: Veterans and service AFFAIRS Estimated Annual Burden: 32 hours. Estimated Average Burden per persons complete VA Form 22–5281 to [OMB Control No. 2900–New (22–0810)] Respondent: 15 minutes. request a refund of their contribution to Frequency of Response: On occasion. the Post-Vietnam Veterans Education Agency Information Collection Estimated Number of Respondents: Program. Contribution made into the Activities Under OMB Review 129. Post-Vietnam Veterans Education Program may be refunded only after the AGENCY: Veterans Benefits Dated: October 10, 2007. participant has disenrolled from the Administration, Department of Veterans By direction of the Secretary. program. Request for refund of Affairs. Denise McLamb, contribution prior to discharge or ACTION: Notice. Program Analyst, Records Management release from active duty will be Service. SUMMARY: In compliance with the refunded on the date of the participant’s Paperwork Reduction Act (PRA) of 1995 [FR Doc. E7–20350 Filed 10–15–07; 8:45 am] discharge or release from activity duty (44 U.S.C. 3501–3521), this notice BILLING CODE 8320–01–P or within 60 days of receipt of notice by announces that the Veterans Benefits the Secretary of the participant’s Administration (VBA), Department of discharge or disenrollment. Refunds DEPARTMENT OF VETERANS may be made earlier in instances of Veterans Affairs, has submitted the AFFAIRS collection of information abstracted hardship or other good reasons. below to the Office of Management and [OMB Control No. 2900–0261] Participants who stop their enrollment Budget (OMB) for review and comment. from the program after discharge or The PRA submission describes the Agency Information Collection release from active duty contributions nature of the information collection and Activities Under OMB Review will be refunded within 60 days of receipt of their application. its expected cost and burden; it includes AGENCY: Veterans Benefits An agency may not conduct or the actual data collection instrument. Administration, Department of Veterans sponsor, and a person is not required to DATES: Comments must be submitted on Affairs. or before November 15, 2007. respond to a collection of information ACTION: Notice. unless it displays a currently valid OMB ADDRESSES: Submit written comments control number. The Federal Register on the collection of information through SUMMARY: In compliance with the Notice with a 60-day comment period http://www.Regulations.gov or to VA’s Paperwork Reduction Act (PRA) of 1995 soliciting comments on this collection OMB Desk Officer, OMB Human (44 U.S.C. 3501–3521), this notice of information was published on August Resources and Housing Branch, New announces that the Veterans Benefits 8, 2007, at page 44613. Executive Office Building, Room 10235, Administration (VBA), Department of Affected Public: Individuals or Washington, DC 20503, (202) 395–7316. Veterans Affairs, has submitted the households. Please refer to ‘‘OMB Control No. 2900– collection of information abstracted Estimated Annual Burden: 833 hours. New (22–0810)’’ in any correspondence. below to the Office of Management and Estimated Average Burden per FOR FURTHER INFORMATION CONTACT: Budget (OMB) for review and comment. The PRA submission describes the Respondent: 10 minutes. Denise McLamb, Records Management Frequency of Response: On occasion. Service (005R1B), Department of nature of the information collection and its expected cost and burden; it includes Estimated Number of Respondents: Veterans Affairs, 810 Vermont Avenue, 5,000. NW., Washington, DC 20420, (202) 461– the actual data collection instrument. 7485, FAX (202) 273–0443 or e-mail DATES: Comments must be submitted on Dated: October 10, 2007. [email protected]. Please or before November 15, 2007. By direction of the Secretary. refer to ‘‘OMB Control No. 2900–New ADDRESSES: Submit written comments Denise McLamb, (22–0810).’’ on the collection of information through Program Analyst, Records Management SUPPLEMENTARY INFORMATION: http://www.Regulations.gov or to VA’s Service. Title: Application for Reimbursement OMB Desk Officer, OMB Human [FR Doc. E7–20351 Filed 10–15–07; 8:45 am] of National Test Fee, VA Form 22–0810. Resources and Housing Branch, New BILLING CODE 8320–01–P

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DEPARTMENT OF VETERANS a. VA Form Letter 10–90 is used to c. VA Form 10–1394—4,000. AFFAIRS obtain estimated price for prosthetic d. VA Form 10–2421—1,000. devices. e. VA Form 10–2520—700. [OMB Control No. 2900–0188] b. VA Form 10–0103 is used to f. VA Form 10–2914—50,000. determine eligibility/entitlement and Dated: October 10, 2007. Agency Information Collection reimbursement of individual claims for By direction of the Secretary. Activities Under OMB Review home improvement and structural Denise McLamb, AGENCY: Veterans Health alterations. c. VA Form 10–1394 is used to Program Analyst, Records Management Administration, Department of Veterans Service. Affairs. determine eligibility/entitlement and reimbursement of individual claims for [FR Doc. E7–20352 Filed 10–15–07; 8:45 am] ACTION: Notice. automotive adaptive equipment. BILLING CODE 8320–01–P SUMMARY: In compliance with the d. VA Form 10–2421 is used for the Paperwork Reduction Act (PRA) of 1995 direct procurement of new prosthetic appliances and/or services. The form DEPARTMENT OF VETERANS (44 U.S.C. 3501–3521), this notice AFFAIRS announces that the Veterans Health standardizes the direct procurement Administration (VHA), Department of authorization process, eliminating the [OMB Control No. 2900–0111] Veterans Affairs, has submitted the need for separate purchase orders, collection of information abstracted expedites patient treatment and Agency Information Collection below to the Office of Management and improves the delivery of prosthetic Activities Under OMB Review services. Budget (OMB) for review and comment. AGENCY: Veterans Benefits The PRA submission describes the e. VA Form 10–2520 is used by the vendors as an invoice and billing Administration, Department of Veterans nature of the information collection and Affairs. its expected cost and burden and document. The form standardizes ACTION: Notice. includes the actual data collection repair/treatment invoices for prosthetic services rendered and standardizes the instrument. SUMMARY: verification of these invoices. The In compliance with the DATES: Comments must be submitted on veteran certifies that the repairs were Paperwork Reduction Act (PRA) of 1995 or before November 15, 2007. necessary and satisfactory. This form is (44 U.S.C. 3501–3521), this notice announces that the Veterans Benefits ADDRESSES: Submit written comments furnished to vendors upon request. on the collection of information through f. VA Form 10–2914 is used as a Administration (VBA), Department of http://www.Regulations.gov; or to VA’s combination prescription, authorization Veterans Affairs, has submitted the OMB Desk Officer, OMB Human and invoice. It allows veterans to collection of information abstracted Resources and Housing Branch, New purchase their eyeglasses directly. If the below to the Office of Management and Executive Office Building, Room 10235, form is not used, the provisions of Budget (OMB) for review and comment. Washington, DC 20503, (202) 395–7316. providing eyeglasses to eligible veterans The PRA submission describes the Please refer to ‘‘OMB Control No. 2900– may be delayed. nature of the information collection and 0188’’ in any correspondence. An agency may not conduct or its expected cost and burden; it includes the actual data collection instrument. FOR FURTHER INFORMATION CONTACT: sponsor, and a person is not required to Denise McLamb, Records Management respond to a collection of information DATES: Comments must be submitted on Service (005R1B), Department of unless it displays a currently valid OMB or before November 15, 2007. Veterans Affairs, 810 Vermont Avenue, control number. The Federal Register ADDRESSES: Submit written comments NW., Washington, DC 20420, (202) 461– Notice with a 60-day comment period on the collection of information through 7485, fax (202) 273–0443 or e-mail soliciting comments on this collection http://www.Regulations.gov or to VA’s [email protected]. Please of information was published on August OMB Desk Officer, OMB Human refer to ‘‘OMB Control No. 2900–0188.’’ 8, 2007 at pages 44615–44616. Resources and Housing Branch, New Affected Public: Business or other for SUPPLEMENTARY INFORMATION: Executive Office Building, Room 10235, profit and Individuals or households. Titles: a. Request to Submit Estimate, Washington, DC 20503, (202) 395–7316. Estimated Total Annual Burden: Form Letter 10–90. Please refer to ‘‘OMB Control No. 2900– 5,738 hours. b. Veterans Application for Assistance 0111’’ in any correspondence. a. Form Letter 10–90—708. FOR FURTHER INFORMATION CONTACT: in Acquiring Home Improvement and b. VA Form 10–0103—583. Structural Alterations, VA Form 10– Denise McLamb, Records Management c. VA Form 10–1394—1,000. Service (005R1B), Department of 0103. d. VA Form 10–2421—67. c. Application for Adaptive Veterans Affairs, 810 Vermont Avenue, e. VA Form 10–2520—47. NW., Washington, DC 20420, (202) 461– Equipment Motor Vehicle, VA Form 10– f. VA Form 10–2914—3,333. 7485, FAX (202) 273–0443 or e-mail 1394. Estimated Average Burden Per [email protected]. Please d. Prosthetic Authorization for Items Respondent: refer to ‘‘OMB Control No. 2900–0111.’’ or Services, VA Form 10–2421. a. Form Letter 10–90—5 minutes. e. Prosthetic Service Card Invoice, VA b. VA Form 10–0103—5 minutes. SUPPLEMENTARY INFORMATION: Form 10–2520. c. VA Form 10–1394—15 minutes. Title: Statement of Purchaser or f. Prescription and Authorization for d. VA Form 10–2421—4 minutes. Owner Assuming Seller’s Loans, VA Eyeglasses, VA Form 10–2914. e. VA Form 10–2520—4 minutes. Form 26–6382. OMB Control Number: 2900–0188. f. VA Form 10–2914—4 minutes. OMB Control Number: 2900–0111. Type of Review: Extension of a Frequency of Response: On occasion. Type of Review: Extension of a currently approved collection. Estimated Number of Respondents: currently approved collection. Abstract: The following forms are 71,200. Abstract: VA Form 26–6382 is used to determine eligibility, prescribe, a. Form Letter 10–90—8,500. completed by purchasers who are and authorize prosthetic devices. b. VA Form 10–0103—7,000. assuming veterans’ guaranteed, insured,

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and direct home loans. The information DATES: Comments must be submitted on treatment in VA-funded programs. If collected is essential in the or before November 15, 2007. this information were not collected, VA determinations for release of liability as ADDRESSES: Submit written comments would be unable to carry out the civil well as for credit underwriting on the collection of information through rights enforcement responsibilities determinations for substitution of http://www.Regulations.gov; or to VA’s established in the Department of entitlement. If a veteran chooses to sell OMB Desk Officer, OMB Human Justice’s guidelines and VA’s his or her VA guaranteed home, VA will Resources and Housing Branch, New regulations. allow a qualified purchaser to assume Executive Office Building, Room 10235, An agency may not conduct or the veteran’s loan and all the Washington, DC 20503 (202) 395–7316. sponsor, and a person is not required to responsibility under the guaranty or Please refer to ‘‘OMB Control No. 2900– respond to a collection of information insurance. In regard to substitution of 0455’’ in any correspondence. unless it displays a currently valid OMB entitlement cases, eligible veteran For Further Information or a Copy of control number. The Federal Register purchasers must meet all requirements the Submission Contact: Denise Notice with a 60-day comment period of liability in addition to having McLamb, Records Management Service soliciting comments on this collection available loan guaranty entitlement. (005R1B), Department of Veterans of information was published on August An agency may not conduct or Affairs, 810 Vermont Avenue, NW., 8, 2007, at pages 44612–44613. sponsor, and a person is not required to Washington, DC 20420, (202) 461–7485, Affected Public: Business or other for- respond to a collection of information FAX (202) 273–0443 or e-mail: profit. unless it displays a currently valid OMB [email protected]. Please Estimated Annual Burden and control number. The Federal Register refer to ‘‘OMB Control No. 2900–0455).’’ Average Burden Per Respondent: Based Notice with a 60-day comment period SUPPLEMENTARY INFORMATION: on past experience, VBA estimates that soliciting comments on this collection Title: Equal Opportunity Compliance 76 interviews will be conducted with of information was published on August Review Report, VA Form 20–8734 and recipients using VA Form 20–8734 at an 8, 2007, at pages 44614–44615. Supplement to Equal Opportunity average of 1 hour and 45 minutes per Affected Public: Individuals or Compliance Review Report, VA Form interview (133 hours). This includes one households. 20–8734a. hour for an interview with the principal Estimated Annual Burden: 375 hours. OMB Control Number: 2900–0455. facility official, plus 45 minutes for Estimated Average Burden per Type of Review: Extension of a reviewing records and reports and Respondent: 15 minutes. currently approved collection. touring the facility. It is estimated that Frequency of Response: One-time. Abstract: Executive Order 12250, 76 interviews will be conducted with Estimated Number of Respondents: Leadership and Coordination of students using VA Form 20–8734a at an 1,500. Nondiscrimination Laws, delegated average of 30 minutes per interview (38 Dated: October 10, 2007. authority to the Attorney General to hours) and with instructors at an average of 30 minutes per interview (38 By direction of the Secretary. coordinate the implementation and hours). Interviews are also conducted Denise McLamb, enforcement by Executive agencies of various equal opportunity laws with 76 students without instructors at Program Analyst, Records Management an average time of 30 minutes (38 Service. prohibiting discriminatory practices in Federal programs and programs hours). The total burden hour is 247. [FR Doc. E7–20353 Filed 10–15–07; 8:45 am] receiving Federal financial assistance. Frequency of Response: On occasion. BILLING CODE 8320–01–P The Order extended the delegation to Estimated Number of Respondents: cover Title IX of the Education 228. DEPARTMENT OF VETERANS Amendments of 1972, and section 504 Dated: October 10, 2007. AFFAIRS of the Rehabilitation Act of 1973. By direction of the Secretary. Department of Justice issued Denise McLamb, government-wide guidelines (29 CFR [OMB Control No. 2900–0455] Program Analyst, Records Management 42.406) instructing funding agencies to Service. Agency Information Collection provide for the collection of data and [FR Doc. E7–20354 Filed 10–15–07; 8:45 am] information from applicants for and Activities Under OMB Review BILLING CODE 8320–01–P recipients of Federal assistance. AGENCY: Veterans Benefits VA Forms 20–8734 and 20–8734a are Administration, Department of Veterans used by VA personnel during regularly DEPARTMENT OF VETERANS Affairs. scheduled educational compliance AFFAIRS ACTION: Notice. survey visits, as well as during investigations of equal opportunity [OMB Control No. 2900–0089] SUMMARY: In compliance with the complaints, to identify areas where Agency Information Collection Paperwork Reduction Act (PRA) of 1995 there may be disparate treatment of Activities Under OMB Review (44 U.S.C. 3501–21), this notice members of protected groups. VA Form announces that the Veterans Benefits 20–8734 is used to gather information AGENCY: Veterans Benefits Administration (VBA), Department of from post-secondary proprietary schools Administration, Department of Veterans Veterans Affairs, has submitted the below college level. The information is Affairs. collection of information abstracted used to assure that VA-funded programs ACTION: Notice. below to the Office of Management and comply with equal opportunity laws. Budget (OMB) for review and comment. VA Form 20–8734a, is used to gather SUMMARY: In compliance with the The PRA submission describes the information from students and Paperwork Reduction Act (PRA) of 1995 nature of the information collection and instructors at post-secondary (44 U.S.C. 3501–3521), this notice its expected cost and burden and it proprietary schools below college level. announces that the Veterans Benefits includes the actual data collection The information is used to assure that Administration (VBA), Department of instrument. participants have equal access to equal Veterans Affairs, has submitted the

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collection of information abstracted Estimated Number of Respondents: by VA to make automatic guaranteed below to the Office of Management and 8,000. loans if approved for such purposes. Budget (OMB) for review and comment. Dated: October 10, 2007. The lender is required to have a The PRA submission describes the By direction of the Secretary. qualified underwriter to review loans to nature of the information collection and be closed on automatic basis and Denise McLamb, its expected cost and burden; it includes determine that the loan meets VA’s the actual data collection instrument. Program Analyst, Records Management credit underwriting standards. VA uses Service. DATES: Comments must be submitted on the data collected on the form to [FR Doc. E7–20365 Filed 10–15–07; 8:45 am] or before November 15, 2007. evaluate the nominee’s credit BILLING CODE 8320–01–P ADDRESSES: Submit written comments underwriting experience. on the collection of information through An agency may not conduct or sponsor, and a person is not required to www.Regulations.gov or to VA’s OMB DEPARTMENT OF VETERANS respond to a collection of information Desk Officer, OMB Human Resources AFFAIRS and Housing Branch, New Executive unless it displays a currently valid OMB Office Building, Room 10235, [OMB Control No. 2900–0253] control number. The Federal Register Washington, DC 20503 (202) 395–7316. Notice with a 60-day comment period Agency Information Collection Please refer to ‘‘OMB Control No. 2900– soliciting comments on this collection Activities Under OMB Review 0089’’ in any correspondence. of information was published on August 8, 2007, at page 44611. FOR FURTHER INFORMATION CONTACT: AGENCY: Veterans Benefits Affected Public: Business or other for- Denise McLamb, Records Management Administration, Department of Veterans profit. Service (005R1B), Department of Affairs. Estimated Annual Burden: 750 hours. Veterans Affairs, 810 Vermont Avenue, ACTION: Notice. Estimated Average Burden per NW., Washington, DC 20420, (202) 461– Respondent: 15 minutes. 7485, FAX (202) 273–0443 or e-mail SUMMARY: In compliance with the Frequency of Response: On occasion. [email protected]. Please Paperwork Reduction Act (PRA) of 1995 Estimated Number of Respondents: refer to ‘‘OMB Control No. 2900–0089.’’ (44 U.S.C. 3501–3521), this notice 3,000. SUPPLEMENTARY INFORMATION: announces that the Veterans Benefits Dated: October 10, 2007. Title: Statement of Dependency of Administration (VBA), Department of Parent(s), VA Form 21–509. Veterans Affairs, has submitted the By direction of the Secretary. OMB Control Number: 2900–0089. collection of information abstracted Denise McLamb, Type of Review: Extension of a below to the Office of Management and Program Analyst, Records Management currently approved collection. Budget (OMB) for review and comment. Service. Abstract: Veterans receiving The PRA submission describes the [FR Doc. E7–20366 Filed 10–15–07; 8:45 am] compensation benefits based on 30 nature of the information collection and BILLING CODE 8320–01–P percent or higher for service-connected its expected cost and burden; it includes injuries and depends on his or her the actual data collection instrument. DEPARTMENT OF VETERANS parent(s) for support, complete VA DATES: Comments must be submitted on Form 21–509 to report income and or before November 15, 2007. AFFAIRS dependency information. Surviving ADDRESSES: Submit written comments [OMB Control No. 2900–0252] parents of deceased veterans are on the collection of information through required to establish dependency only if www.Regulations.gov or to VA’s OMB Agency Information Collection they are seeking death compensation. Desk Officer, OMB Human Resources Activities Under OMB Review Death compensation is payable when a and Housing Branch, New Executive veteran died on active duty or due to AGENCY: Veterans Benefits Office Building, Room 10235, Administration, Department of Veterans service-connected disabilities prior to Washington, DC 20503 (202) 395–7316. January 1, 1957, or died between May 1, Affairs. Please refer to ‘‘OMB Control No. 2900– ACTION: Notice. 1957 and January 1, 1972 while the 0253’’ in any correspondence. veteran’s waiver of U.S. Government SUMMARY: In compliance with the Life Insurance was in effect. The data FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act (PRA) of 1995 collected will be used to determine the Denise McLamb, Records Management (44 U.S.C. 3501–3521), this notice dependent parent(s) eligibility for Service (005R1B), Department of announces that the Veterans Benefits benefits. Veterans Affairs, 810 Vermont Avenue, Administration (VBA), Department of An agency may not conduct or NW., Washington, DC 20420, (202) 461– Veterans Affairs, has submitted the sponsor, and a person is not required to 7485, FAX (202) 273–0443 or e-mail collection of information abstracted respond to a collection of information [email protected]. Please below to the Office of Management and unless it displays a currently valid OMB refer to ‘‘OMB Control No. 2900–0253.’’ Budget (OMB) for review and comment. control number. The Federal Register SUPPLEMENTARY INFORMATION: The PRA submission describes the Notice with a 60-day comment period Title: Nonsupervised Lender’s nature of the information collection and soliciting comments on this collection Nomination and Recommendation of its expected cost and burden; it includes of information was published on August Credit Underwriter, VA Form 26–8736a. the actual data collection instrument. 8, 2007, at page 44616. OMB Control Number: 2900–0253. Affected Public: Individuals or Type of Review: Extension of a DATES: Comments must be submitted on households. currently approved collection. or before November 15, 2007. Estimated Annual Burden: 4,000 Abstract: VA Form 26–8736a is ADDRESSES: Submit written comments hours. completed by nonsupervised lender’s on the collection of information through Estimated Average Burden per and the lender’s nominee for credit www.Regulations.gov or to VA’s OMB Respondent: 30 minutes. underwriting with the Department of Desk Officer, OMB Human Resources Frequency of Response: One-time. Veterans Affairs. Lenders are authorized and Housing Branch, New Executive

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Office Building, Room 10235, Abstract: VA Form 26–8736 is used Notice with a 60-day comment period Washington, DC 20503 (202) 395–7316. by nonsupervised lenders requesting soliciting comments on this collection Please refer to ‘‘OMB Control No. 2900– approval to close loans on an automatic of information was published on August 0252’’ in any correspondence. basis. Automatic lending privileges 8, 2007, at pages 44611–44612. FOR FURTHER INFORMATION CONTACT: eliminate the requirement for Affected Public: Business or other for- Denise McLamb, Records Management submission of loans to VA for prior profit. Service (005R1B), Department of approval. Lending institutions with Estimated Annual Burden: 50 hours. Veterans Affairs, 810 Vermont Avenue, automatic loan privileges may process Estimated Average Burden per NW., Washington, DC 20420, (202) 461– and disburse such loans and Respondent: 25 minutes. 7485, FAX (202) 273–0443 or e-mail subsequently report the loan to VA for Frequency of Response: On occasion. [email protected]. Please issuance of guaranty. The form requests Estimated Number of Respondents: refer to ‘‘OMB Control No. 2900–0252.’’ information considered crucial for VA 120. SUPPLEMENTARY INFORMATION: Title: to make acceptability determinations as Dated: October 10, 2007. Application for Authority to Close to lenders who shall be approved for Loans on an Automatic Basis— this privilege. By direction of the Secretary. Nonsupervised Lenders, VA Form 26– An agency may not conduct or Denise McLamb, 8736. sponsor, and a person is not required to Program Analyst, Records Management OMB Control Number: 2900–0252. respond to a collection of information Service. Type of Review: Extension of a unless it displays a currently valid OMB [FR Doc. E7–20367 Filed 10–15–07; 8:45 am] currently approved collection. control number. The Federal Register BILLING CODE 8320–01–P

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Corrections Federal Register Vol. 72, No. 199

Tuesday, October 16, 2007

This section of the FEDERAL REGISTER Tuesday, September 18, 2007, make the contains editorial corrections of previously following corrections: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are 1. On page 53184, Chart 1 is being prepared by the Office of the Federal reprinted to read as follows: Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue.

FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 327 RIN 3064–AD19

Assessment Dividends Correction In proposed rule document 07–4596 beginning on page 53181 in the issue of

2. On page 53188, Chart 3 is being reprinted to read as follows:

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On page 53192, Chart 5 is being reprinted to read as follows:

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[FR Doc. C7–4596 Filed 10–15–07; 8:45 am] BILLING CODE 1505–01–D

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Part II

The President Proclamation 8190—National School Lunch Week, 2007 Proclamation 8191—White Cane Safety Day, 2007

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Federal Register Presidential Documents Vol. 72, No. 199

Tuesday, October 16, 2007

Title 3— Proclamation 8190 of October 12, 2007

The President National School Lunch Week, 2007

By the President of the United States of America

A Proclamation The National School Lunch Program provides millions of lunches to our Nation’s children each school day. During National School Lunch Week, we renew our commitment to the health of our children and to ensuring that they receive nutritious meals and develop good eating habits. Since it began in 1946, the National School Lunch Program has provided nutritious meals in schools across the country. The United States Department of Agriculture (USDA) has worked to ensure that these meals include fresh fruits, vegetables, and milk and that they meet dietary recommendations so children limit fat, sodium, cholesterol, and excess calories in their diet. By learning to eat well, children can avoid problems that can lead to serious long-term health problems, including heart disease, asthma, and diabetes. Team Nutrition, part of the USDA Food and Nutrition Service, is playing an important role in promoting good nutrition to children in thousands of our Nation’s schools, providing training and resources to food service professionals across our country. National School Lunch Week is an opportunity to recognize food service professionals, school officials, and parents for their dedicated efforts to provide healthy foods to America’s children. This week, we recommit our- selves to encouraging children to make nutritious food choices and lead healthy lifestyles. In recognition of the contributions of the National School Lunch Program to the health, education, and well-being of America’s children, the Congress, by joint resolution of October 9, 1962 (Public Law 87–780), as amended, has designated the week beginning on the second Sunday in October of each year as ‘‘National School Lunch Week’’ and has requested the President to issue a proclamation in observance of this week. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim the week of October 14 through October 20, 2007, as National School Lunch Week. I call upon all Americans to join the dedicated individuals who administer the National School Lunch Program in appropriate activities that support the health and well-being of our Nation’s children.

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IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of October, in the year of our Lord two thousand seven, and of the Independ- ence of the United States of America the two hundred and thirty-second.

[FR Doc. 07–5139 Filed 10–15–07; 8:53 am] Billing code 3195–01–P

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Proclamation 8191 of October 12, 2007

White Cane Safety Day, 2007

By the President of the United States of America

A Proclamation Our country upholds the value of every person, and all Americans deserve an opportunity to realize the American dream. Many citizens who are blind or visually impaired use white canes to achieve greater independence and increase mobility and productivity. On White Cane Safety Day, we celebrate the symbolism of the white cane, and we underscore our dedication to ensuring more individuals have the ability to lead active lives and achieve their personal and professional goals. My Administration is committed to helping Americans with disabilities live and work with greater freedom. Through the New Freedom Initiative, we are building on the progress of the Americans with Disabilities Act and helping our citizens who are blind or visually impaired gain greater access to the workplace, school, and community life. By working to tear down barriers, we are creating a society where all people are encouraged to reach their full potential and where the promise of our great Nation is accessible for everyone. The Congress, by joint resolution (Public Law 88–628) approved on October 6, 1964, as amended, has designated October 15 of each year as ‘‘White Cane Safety Day.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim October 15, 2007, as White Cane Safety Day. I call upon public officials, business leaders, educators, and all the people of the United States to observe this day with appropriate ceremonies, activities, and programs.

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IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of October, in the year of our Lord two thousand seven, and of the Independ- ence of the United States of America the two hundred and thirty-second.

[FR Doc. 07–5140 Filed 10–15–07; 8:53 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 72, No. 199 Tuesday, October 16, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 3 CFR 13446...... 56175 Presidential Documents 13447...... 56179 Executive orders and proclamations 741–6000 Proclamations: Administrative Orders: The United States Government Manual 741–6000 6641 (See Memorandums: Proclamation 8180) ...... 56171 Memorandum of Other Services 8180...... 56171 September 28, Electronic and on-line services (voice) 741–6020 8181...... 56613 2007 ...... 56871 Privacy Act Compilation 741–6064 8182...... 56615 Presidential Public Laws Update Service (numbers, dates, etc.) 741–6043 8183...... 56879 Determinations: 8184...... 56881 TTY for the deaf-and-hard-of-hearing 741–6086 No. 2007-34 of 8185...... 57477 September 28, 8186...... 57479 2007 ...... 56873 ELECTRONIC RESEARCH 8187...... 57481 No. 2007-35 of 8188...... 57483 September 28, World Wide Web 8189...... 58467 2007 ...... 56875 Full text of the daily Federal Register, CFR and other publications 8190...... 58749 is located at: http://www.gpoaccess.gov/nara/index.html 8191...... 58751 5 CFR Executive Orders: Federal Register information and research tools, including Public 894...... 58243 11145 (Continued by Inspection List, indexes, and links to GPO Access are located at: 1201...... 56883 EO 13446)...... 56175 http://www.archives.gov/federallregister 1210...... 56883 11183 (Continued by 1215...... 56883 E-mail EO 13446)...... 56175 1830...... 56617 11287 (Continued by FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 2634...... 56241 EO 13446)...... 56175 2638...... 56241 an open e-mail service that provides subscribers with a digital 12131 (Continued by Proposed Rules: form of the Federal Register Table of Contents. The digital form EO 13446)...... 56175 of the Federal Register Table of Contents includes HTML and 352...... 56019 12196 (Continued by 630...... 58263 PDF links to the full text of each document. EO 13446)...... 56175 To join or leave, go to http://listserv.access.gpo.gov and select 12216 (Continued by 7 CFR EO 13446)...... 56175 Online mailing list archives, FEDREGTOC-L, Join or leave the list 28...... 56242 (or change settings); then follow the instructions. 12367 (Continued by EO 13446)...... 56175 205...... 58469 PENS (Public Law Electronic Notification Service) is an e-mail 12382 (Continued by 301...... 57195 service that notifies subscribers of recently enacted laws. EO 13446)...... 56175 924...... 58003 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 12473 (See 984...... 57839 and select Join or leave the list (or change settings); then follow EO 13447) ...... 56179 Proposed Rules: the instructions. 12905 (Continued by 6...... 56677 Ch. VIII...... 56945 FEDREGTOC-L and PENS are mailing lists only. We cannot EO 13446)...... 56175 962...... 56678 respond to specific inquiries. 12994 (Amended by EO 13446)...... 56175 Reference questions. Send questions and comments about the 8 CFR 13226 (Continued by Federal Register system to: [email protected] EO 13446)...... 56175 103...... 56832 The Federal Register staff cannot interpret specific documents or 13231 (Continued by 204...... 56832 regulations. EO 13446)...... 56175 213a...... 56832 13237 (Continued by 299...... 56832 322...... 56832 FEDERAL REGISTER PAGES AND DATE, OCTOBER EO 13446)...... 56175 13256 (Continued by 9 CFR 55655–56008...... 1 EO 13446)...... 56175 56009–56240...... 2 13262 (See 93...... 58375 56241–56616...... 3 EO 13447) ...... 56179 94...... 58375 56617–56882...... 4 13265 (Continued by 95...... 58375 96...... 58375 56883–57194...... 5 EO 13446)...... 56175 13270 (Continued by 57195–57482...... 9 EO 13446)...... 56175 10 CFR 57483–57838...... 10 13369 (Revoked by 2...... 57416 57839–58002...... 11 EO 13446)...... 56175 20...... 55864 58003–58242...... 12 13379 30...... 55864, 58473 58243–58468...... 15 (See EO 13446) ...... 56175 31...... 55864, 58473 58469–58752...... 16 13385 (Superseded in 32...... 55864, 58473 part by EO 13446)...... 56175 33...... 55864 13386 35...... 55864 (See EO 13446) ...... 56175 50...... 55864, 57416 13445...... 56165 51...... 57416

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52...... 57416 808...... 55711 165...... 56308, 56972 207...... 57869 61...... 55864 169...... 56600 Proposed Rules: 62...... 55864 19 CFR 67 ...... 56975, 58590, 58598, 72...... 55864 10...... 58511 36 CFR 58599, 58615 100...... 57416 24...... 58511 Proposed Rules: 110...... 55864 102...... 58511 Ch. I ...... 58030 46 CFR 150...... 55864, 58473 162...... 58511 515...... 56272 170...... 55864 163...... 58511 37 CFR 47 CFR 171...... 55864 178...... 58511 1...... 57863 431...... 58190 Proposed Rules: 1...... 56015 Proposed Rules: 21 CFR 381...... 57101 12...... 57879 50...... 56275 516...... 57199 22...... 56015 52...... 56287 522...... 56896 38 CFR 24...... 56015 430...... 57254 556...... 56896, 57199 14...... 58009 27...... 56015 558...... 56896 Proposed Rules: 53...... 58021 11 CFR Proposed Rules: 5...... 56136 64...... 58021 113...... 56245 870...... 56702 76...... 56645 Proposed Rules: 1314...... 55712 39 CFR 90 ...... 56015, 56923, 57888 100...... 58028 111...... 56901, 57488 101...... 55673 22 CFR 104...... 58028 601...... 58251 48 CFR 114...... 58028 171...... 57857 Proposed Rules: Proposed Rules: 111 ...... 57505, 57506, 57507 12 CFR 24 CFR 1516...... 56708 201...... 56889 40 CFR 1533...... 56708 203...... 56002, 56156 1552...... 56708 204...... 55655 Proposed Rules: 9...... 56903 218...... 56514 5...... 58448 51...... 55657 49 CFR 701...... 56247 52 ...... 55659, 55664, 55666, 105...... 55678 711...... 58248 26 CFR 56268, 56623, 56911, 56914, 106...... 55678 Proposed Rules: 1 ...... 56619, 57487, 58375 57202, 57207, 57209, 57864, 107...... 55678 233...... 56680 602...... 58375 58013, 58016, 58523, 58528, 110...... 55678 327...... 58743 Proposed Rules: 58535, 58538, 58542, 58546 130...... 55678 59...... 57215 13 CFR 1...... 57503 171...... 55678 301...... 56704 70...... 58535 172...... 55678 Proposed Rules: 81...... 57207, 58538 173...... 55678 124...... 57889 28 CFR 82...... 56628 174...... 55678 97 ...... 55657, 55666, 56914, Proposed Rules: 175...... 55678 14 CFR 57209, 58542, 58546 16...... 56704 176...... 55678 25...... 57842, 57844 141...... 57782 178...... 55678 39 ...... 55657, 56254, 56256, 29 CFR 142...... 57782 179...... 55678 56258, 56262, 56618, 56890, 180...... 57489, 57492 4022...... 58249 180...... 55678 56891, 57195, 57848, 57850, 721...... 56903, 57222 4044...... 58249 365...... 55697 57854, 58005, 58007, 58489, 750...... 57235 369...... 55697 58491, 58492, 58495, 58497, 30 CFR 761...... 57235 381...... 55697 58499, 58502, 58504 Proposed Rules: 382...... 55697 71...... 57485, 57486 926...... 57822 50...... 58030 938...... 56619 383...... 55697 91...... 57196 51...... 55717 384...... 55697 Proposed Rules: 95...... 56009 52 ...... 55723, 56312, 56706, 385...... 55697 250...... 56442 97 ...... 56266, 56894, 58507, 56707, 56974, 56975, 57257, 386...... 55697 253...... 56442 58509 57907, 58031, 58570, 58571 387...... 55697 254...... 56442 119...... 57196 70...... 58571 388...... 55697 256...... 56442 121...... 57196 81 ...... 56312, 58572, 58577 389...... 55697 780...... 57504 135...... 57196 97...... 58571 390...... 55697 784...... 57504 Proposed Rules: 112...... 58378 391...... 55697 816...... 57504 25...... 58560 180...... 56325 392...... 55697 817...... 57504 39 ...... 56700, 56945, 57502, 271...... 57258 393...... 55697 57890, 57892, 57894, 57896, 395...... 55697 31 CFR 42 CFR 58028, 58267 397...... 55697 71 ...... 57898, 58561, 58563, Proposed Rules: 411...... 57634 571...... 57450 132...... 56680 58565, 58566, 58567, 58569 412...... 57634 Proposed Rules: 800...... 57900 91...... 56947 413...... 57634 541...... 58268 418...... 55672 565...... 56027 15 CFR 32 CFR 489...... 57634 571 ...... 56713, 57260, 57459 19...... 57198 213...... 56011 1001...... 56632 21...... 57198 752...... 56267 Proposed Rules: 50 CFR 22...... 57198 Proposed Rules: 71...... 55729 20...... 58452 748...... 56010 212...... 56021 21...... 56926 43 CFR 229...... 57104 33 CFR 17 CFR Proposed Rules: 635...... 56929, 57104 240...... 56514, 56562 117 ...... 56013, 56898, 57487, 10...... 58582 648 ...... 55704, 57104, 57500 247...... 56514 57858, 58250 660 ...... 55706, 55707, 55708, 165 ...... 56014, 56898, 57200, 44 CFR 55709, 56664, 58258 18 CFR 57858, 57861, 57863, 58522 64...... 58020 665...... 58259 Proposed Rules: Proposed Rules: 65...... 57241 679 ...... 56016, 56017, 56273, 410...... 57255 110...... 57901 67 ...... 56920, 57245, 58553 56274, 56933, 56934, 57252, 806...... 55711 117...... 56025, 57904 206...... 57869 57501, 57888, 58261, 58559

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697...... 56935 Proposed Rules: 92...... 58274 635 ...... 55729, 56036, 56330 17 ...... 56979, 57273, 57276, 216...... 58279 648...... 58280, 58622 57278, 57511, 57740, 58618 622...... 58031

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REMINDERS comments due by 10-22- HEALTH AND HUMAN The items in this list were COMMENTS DUE NEXT 07; published 9-20-07 [FR SERVICES DEPARTMENT E7-18343] editorially compiled as an aid WEEK Centers for Medicare & to Federal Register users. Air quality implementation Medicaid Services Inclusion or exclusion from plans; approval and Medicare and Medicaid: AGRICULTURE this list has no legal promulgation; various DEPARTMENT Hospital participation significance. States: conditions; laboratory Forest Service Arkansas; comments due by services; comments due National Forest System land 10-26-07; published 9-26- by 10-23-07; published 8- RULES GOING INTO and resource management 07 [FR E7-18966] 24-07 [FR E7-16647] EFFECT OCTOBER 16, planning: Air quality implementation HEALTH AND HUMAN 2007 2005 planning rule, plans; approval and SERVICES DEPARTMENT implementation; comments promulgation; various Food and Drug due by 10-22-07; States; air quality planning Administration ENVIRONMENTAL published 8-23-07 [FR E7- purposes; designation of Food for human consumption: PROTECTION AGENCY 16378] areas: Dietary supplements and Air programs; approval and COMMERCE DEPARTMENT California; comments due by promulgation; State plans ingredients; identity testing National Oceanic and 10-26-07; published 9-20- for designated facilities and 07 [FR E7-18586] exemption; comments due Atmospheric Administration by 10-24-07; published 9- pollutants: Air quality implementation Fishery conservation and 17-07 [FR E7-18293] Louisiana; published 8-17-07 plans; approval and management: HOMELAND SECURITY Wisconsin; published 10-16- promulgation; various Alaska; fisheries of States: DEPARTMENT 07 Exclusive Economic Missouri; comments due by Coast Guard Air quality implementation Zone— 10-26-07; published 9-26- Ports and waterways safety; plans; approval and Gulf of Alaska groundfish; 07 [FR E7-18791] regulated navigation areas, promulgation; various comments due by 10- safety zones, security States: Pesticides; tolerances in food, 25-07; published 10-15- animal feeds, and raw zones, etc.: Colorado; published 8-17-07 07 [FR 07-05066] agricultural commodities: Nawiliwili Harbor, Kauai, HI; Hazardous waste program Atlantic coastal fisheries— Fipronil; comments due by comments due by 10-24- authorizations: American lobster; 10-22-07; published 8-22- 07; published 10-3-07 [FR New Mexico; published 8- comments due by 10- 07 [FR E7-16621] 07-04893] 17-07 22-07; published 9-21- Methamidophos, etc.; HOMELAND SECURITY 07 [FR E7-18589] Superfund programs: comments due by 10-26- DEPARTMENT Transportation Security National oil and hazardous DEFENSE DEPARTMENT 07; published 9-26-07 [FR Administration substances contingency Federal Acquisition Regulation E7-18869] plan priorities list; (FAR): Pyriproxyfen; comments due Civil aviation security: published 8-17-07 Enhanced access for small by 10-22-07; published 8- Secure Flight program; 22-07 [FR E7-16310] comments due by 10-22- HOMELAND SECURITY business; comments due Superfund program: 07; published 8-23-07 [FR DEPARTMENT by 10-22-07; published 8- 22-07 [FR 07-04077] National oil and hazardous E7-15960] U.S. Customs and Border substances contingency Secure Flight Program; Protection ENVIRONMENTAL PROTECTION AGENCY plan priorities list; public meeting; comments Automated Commercial comments due by 10-24- due by 10-22-07; Environment Truck Manifest Air quality implementation 07; published 9-24-07 [FR published 9-5-07 [FR E7- System: plans; approval and E7-18579] 17607] promulgation; various Advance electronic truck States: FARM CREDIT INTERIOR DEPARTMENT cargo information; ports of ADMINISTRATION Fish and Wildlife Service entry— Virginia; comments due by 10-25-07; published 9-25- Farm credit system: Endangered and threatened Maine and Minnesota; 07 [FR E7-18849] Conservators, receivers, and species: published 7-18-07 voluntary liquidations— Air quality implementation Critical habitat U.S.-Bahrain Free Trade plans; approval and Subordinated debt; priority designations— Agreement: promulgation; various of claims; comments Bay checkerspot butterfly; Preferential tariff treatment, States; air quality planning due by 10-26-07; comments due by 10- other provisions, and purposes; designation of published 9-26-07 [FR 22-07; published 8-22- comment request; areas: E7-18965] 07 [FR 07-04060] published 10-16-07 Pennsylvania; comments FEDERAL Findings on petitions, etc.— TRANSPORTATION due by 10-25-07; COMMUNICATIONS Polar bear; comments due DEPARTMENT published 9-25-07 [FR E7- COMMISSION by 10-22-07; published 18844] Radio stations; table of 10-5-07 [FR 07-04946] Federal Aviation assignments: Administration Air pollutants, hazardous; INTERIOR DEPARTMENT national emission standards: Oregon; comments due by Standard instrument approach Surface Mining Reclamation Clay ceramics 10-22-07; published 9-13- and Enforcement Office procedures; published 10- 07 [FR E7-17892] 16-07 manufacturing, glass Surface and underground coal manufacturing, and GENERAL SERVICES mining activities: TREASURY DEPARTMENT secondary nonferrous ADMINISTRATION Excess spoil and coal mine U.S.-Bahrain Free Trade metals processing; Federal Acquisition Regulation waste minimization and Agreement: comments due by 10-22- (FAR): stream buffer zones for Preferential tariff treatment, 07; published 9-20-07 [FR Enhanced access for small U.S. waters; comments other provisions, and E7-18344] business; comments due due by 10-23-07; comment request; Electric arc furnace by 10-22-07; published 8- published 8-24-07 [FR E7- published 10-16-07 steelmaking facilities; 22-07 [FR 07-04077] 16629]

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LIBRARY OF CONGRESS 07; published 8-21-07 [FR in reporting requirements; Register but may be ordered Copyright Royalty Board, E7-16416] comments due by 10-26- in ‘‘slip law’’ (individual Library of Congress Pilatus Aircraft Ltd.; 07; published 9-11-07 [FR pamphlet) form from the Noncommercial educational comments due by 10-22- 07-04360] Superintendent of Documents, broadcasting; copyrighted 07; published 9-21-07 [FR TREASURY DEPARTMENT U.S. Government Printing works use; statutory license E7-18476] Internal Revenue Service Office, Washington, DC 20402 rates and terms; comments Sikorsky; comments due by Income taxes: (phone, 202–512–1808). The due by 10-26-07; published 10-22-07; published 8-21- Limitations on estates or text will also be made 9-26-07 [FR E7-18939] 07 [FR E7-15980] trusts; section 67 available on the Internet from Societe de Motorisations guidance; comments due GPO Access at http:// Correction; comments due www.gpoaccess.gov/plaws/ by 10-26-07; published Aeronautiques; comments by 10-25-07; published 7- due by 10-22-07; 27-07 [FR E7-14489] index.html. Some laws may 10-5-07 [FR Z7-18939] not yet be available. NATIONAL AERONAUTICS published 9-21-07 [FR E7- TREASURY DEPARTMENT 18412] Practice before the Internal AND SPACE S. 1983/P.L. 110–94 ADMINISTRATION Class D and E airspace; Revenue Service; regulatory comments due by 10-22-07; Federal Acquisition Regulation modifications; comments Pesticide Registration published 9-6-07 [FR 07- (FAR): due by 10-26-07; published Improvement Renewal Act 04330] 9-26-07 [FR E7-18919] (Oct. 9, 2007; 121 Stat. 1000) Enhanced access for small VETERANS AFFAIRS business; comments due TRANSPORTATION Last List October 3, 2007 DEPARTMENT by 10-22-07; published 8- DEPARTMENT 22-07 [FR 07-04077] National Highway Traffic Organ procurement Safety Administration organizations; information TRANSPORTATION disclosure; comments due DEPARTMENT Civil monetary penalties; Public Laws Electronic inflation adjustment; by 10-22-07; published 8- Federal Aviation 23-07 [FR E7-16648] Notification Service comments due by 10-26-07; (PENS) Administration published 9-26-07 [FR E7- Airworthiness directives: 19019] LIST OF PUBLIC LAWS Airbus; comments due by Motor vehicle safety PENS is a free electronic mail 10-22-07; published 9-20- standards: This is a continuing list of notification service of newly 07 [FR E7-18540] Interior impact occupant public bills from the current enacted public laws. To Boeing; comments due by protection; comments due session of Congress which subscribe, go to http:// 10-22-07; published 9-6- by 10-22-07; published 9- have become Federal laws. It listserv.gsa.gov/archives/ 07 [FR E7-17586] 5-07 [FR 07-04324] may be used in conjunction publaws-l.html Bombardier; comments due Occupant crash protection— with ‘‘PLUS’’ (Public Laws Update Service) on 202–741– by 10-22-07; published 9- Child restraint systems; Note: This service is strictly 6043. This list is also 20-07 [FR E7-18539] update; comments due for E-mail notification of new available online at http:// Fokker; comments due by by 10-25-07; published laws. The text of laws is not www.archives.gov/federal- 10-22-07; published 9-20- 9-25-07 [FR E7-18716] available through this service. register/laws.html. 07 [FR E7-18553] Occupant protection in PENS cannot respond to GARMIN International; interior impact; side The text of laws is not specific inquiries sent to this comments due by 10-22- impact protection; phase- published in the Federal address.

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