9–26–07 Wednesday Vol. 72 No. 186 Sept. 26, 2007
Pages 54519–54812
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Contents Federal Register Vol. 72, No. 186
Wednesday, September 26, 2007
Agriculture Department Missouri, 54562–54564 See Federal Crop Insurance Corporation Pesticides; tolerances in food, animal feeds, and raw See Food Safety and Inspection Service agricultural commodities: NOTICES Alachlor, 54579–54584 Agency information collection activities; proposals, Methamidophos, etc., 54574–54579 submissions, and approvals, 54639 Pyraclostrobin, 54564–54569 Sulfosulfuron, 54569–54574 Army Department Tepraloxydim, 54584–54588 NOTICES PROPOSED RULES Meetings: Air quality implementation plans; approval and Historical Advisory Committee; correction, 54717 promulgation; various States: Arkansas, 54623–54624 Centers for Disease Control and Prevention Missouri, 54624 NOTICES NOTICES Meetings: Agency information collection activities; proposals, Disease, Disability, and Injury Prevention and Control submissions, and approvals, 54654–54656 Special Emphasis Panels, 54667 Pesticide programs: Risk assessments— Commerce Department N-methyl carbamate, 54656–54658 See International Trade Administration Pesticide registration, cancellation, etc.: See National Oceanic and Atmospheric Administration Dichlorvos, 54658–54662 Pesticides; registration, cancellation, etc.: Committee for the Implementation of Textile Agreements Allethrins, 54662–54663 NOTICES Textile and apparel categories: Dominican Republic-Central America-United States Free Executive Office of the President Trade Agreement; commercial availability— See Presidential Documents Two-way stretch woven fabrics, 54643–54644 Export-Import Bank Copyright Royalty Board, Library of Congress NOTICES PROPOSED RULES Meetings; Sunshine Act, 54663 Noncommercial educational broadcasting; copyrighted works use; statutory license rates and terms, 54622– 54623 Farm Credit Administration RULES Corporation for National and Community Service Farm credit system: NOTICES Conservators, receivers, and voluntary liquidation— Agency information collection activities; proposals, Joint and several liability; priority of claims, 54527– submissions, and approvals, 54644–54645 54529 Subordinated debt; priority of claims, 54525–54527 Defense Acquisition Regulations System NOTICES Federal Aviation Administration Agency information collection activities; proposals, RULES submissions, and approvals, 54645–54646 Airworthiness directives: Airbus, 54536–54538 Defense Department Boeing, 54533–54535 See Army Department Viking Air Ltd., 54535–54536 See Defense Acquisition Regulations System Airworthiness standards: Special conditions— Education Department Boeing Model 787-8 airplane, 54529–54533 NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 54646 Commercial Space Transportation Advisory Committee, Energy Department 54709–54710 RTCA, Inc., 54710–54711 See Federal Energy Regulatory Commission See Southwestern Power Administration Federal Communications Commission Environmental Protection Agency RULES RULES Television broadcasting: Air quality implementation plans; approval and Advanced television (ATV) systems— promulgation; various States: Digital television transition; DTV table of allotments, Arkansas, 54556–54562 54720–54773
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PROPOSED RULES Permissible nonbanking activities, 54666 Television broadcasting: Meetings; Sunshine Act, 54666 Advanced television (ATV) systems— Digital television transition; DTV table of allotments; Fish and Wildlife Service correction, 54774 RULES NOTICES Hunting and fishing: Agency information collection activities; proposals, Refuge-specific regulations— submissions, and approvals, 54663–54665 Minidoka National Wildlife Refuge, ID; CFR correction, Federal Crop Insurance Corporation 54602–54603 NOTICES RULES Comprehensive conservation plans; availability, etc.: Crop insurance regulations: Lacassine National Wildlife Refuge, LA, 54673–54674 Fresh market sweet corn crop provisions, 54519–54525 Federal Emergency Management Agency Food and Drug Administration RULES RULES Flood insurance; communities eligible for sale: Animal drugs, feeds, and related products: Various States, 54588–54600 Tulathromycin; injectable dosage, 54539–54540 PROPOSED RULES Flood elevation determinations: Food Safety and Inspection Service North Carolina and Texas, 54624–54631 NOTICES Various States, 54631–54635 Meetings: NOTICES Codex Alimentarius Commission— Disaster and emergency areas: Food Hygiene Codex Committee, 54639–54640 Iowa, 54669–54670 Oklahoma, 54670 Government Ethics Office NOTICES Federal Energy Regulatory Commission Senior Executive Service Performance Review Board; NOTICES membership, 54666–54667 Complaints filed: American Electric Power Service Corp. et al., 54649– Health and Human Services Department 54650 See Centers for Disease Control and Prevention Montgomery Great Falls Energy Partners LP, 54650 See Food and Drug Administration Hydroelectric applications, 54650–54651 See National Institutes of Health Meetings: Southern Natural Gas Co.; technical conference, 54651 Homeland Security Department Natural gas pipeline rate and refund report filings, 54651– See Federal Emergency Management Agency 54652 See U.S. Citizenship and Immigration Services Applications, hearings, determinations, etc.: See U.S. Customs and Border Protection Bangor Hydro-Electric Co. et al.; correction, 54646 NOTICES Bonneville Power Administration, 54646–54648 Agency information collection activities; proposals, Chugach Electric Association, Inc., et al., 54648 submissions, and approvals, 54669 Empire Pipeline Inc., 54648–54649 Exelon Corp., 54649 Indian Affairs Bureau NOTICES Federal Maritime Commission Reports and guidance documents; availability, etc.: NOTICES Model Tribal Probate Code; availability and submission Agreements filed, etc., 54665 guidance, 54674–54679 Ocean transportation intermediary licenses: Blue Carrier Line, Inc., et al., 54665 Interior Department See Fish and Wildlife Service Federal Mine Safety and Health Review Commission See Indian Affairs Bureau NOTICES See Land Management Bureau Meetings; Sunshine Act, 54686 See National Park Service Federal Motor Carrier Safety Administration NOTICES NOTICES Native Hawaiian Organization Notification List; Agency information collection activities; proposals, establishment criteria, 54672–54673 submissions, and approvals, 54711–54712 Meetings; Sunshine Act, 54712–54713 Internal Revenue Service PROPOSED RULES Federal Railroad Administration Income taxes: NOTICES Employee benefits; cafeteria plans Agency information collection activities; proposals, Correction, 54717 submissions, and approvals, 54713 Medical and accident insurance benefits under qualified plans; tax treatment of payments Federal Reserve System Correction, 54614–54615 NOTICES Reportable transactions disclosure requirements; Banks and bank holding companies: American Jobs Creation Act modifications, 54615– Formations, acquisitions, and mergers, 54666 54618
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Tax-exempt bonds; arbitrage guidance, 54606–54614 Shallow-water species; opening to vessels using trawl Procedure and administration: gear in Gulf of Alaska, 54603–54604 Tax-exempt organizations; public inspection of related NOTICES materials Coastal zone management programs and estuarine Correction, 54618–54619 sanctuaries: Consistency appeals— International Trade Administration Mill River Pipeline, LLC, 54642 NOTICES Weaver’s Cove Energy, LLC, 54642–54643 Antidumping: Scientific research permit applications, determinations, etc., Stainless steel sheet and strip in coils from— 54643 Italy, 54640–54642 National Park Service Labor Department NOTICES See Occupational Safety and Health Administration Meetings: Alaska Region Subsistence Resource Commission, 54679– Land Management Bureau 54680 NOTICES Survey plat filings: Nuclear Regulatory Commission Nebraska, 54679 NOTICES Meetings: Library of Congress Nuclear Waste and Materials Advisory Committee, See Copyright Royalty Board, Library of Congress 54693–54694 Reactor Safeguards Advisory Committee, 54694–54696 Millennium Challenge Corporation Applications, hearings, determinations, etc.: NOTICES Tennessee Valley Authority, 54691–54693 Reports and guidance documents; availability, etc.: Occupational Safety and Health Administration Millennium Challenge Account assistance— Candidate countries and countries that would be PROPOSED RULES candidates but for legal prohibitions, 54680–54686 Occupational safety and health standards: Diacetyl and food flavorings containing diacetyl; Mine Safety and Health Federal Review Commission occupational exposure, 54619–54621 See Federal Mine Safety and Health Review Commission Personnel Management Office NOTICES National Aeronautics and Space Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 54696 Inventions, Government-owned; availability for licensing, 54686–54687 Presidential Documents PROCLAMATIONS National Credit Union Administration Special observances: NOTICES Family Day (Proc. 8178), 54809–54810 Agency information collection activities; proposals, Gold Star Mother’s Day (Proc. 8179), 54811–54812 submissions, and approvals, 54687–54691 National POW/MIA Recognition Day (Proc. 8177), 54805– 54808 National Highway Traffic Safety Administration RULES Securities and Exchange Commission Motor vehicle theft prevention standards: NOTICES Parts marking requirements; 2008 model year light duty Agency information collection activities; proposals, trucks; list, 54600–54602 submissions, and approvals, 54696–54697 PROPOSED RULES Securities: Civil monetary penalties; inflation adjustment, 54635– Suspension of trading— 54638 Biomaxx Systems, Inc., 54697–54698 Evolution Global Capital Partners, Inc., 54698 National Institutes of Health Self-regulatory organizations; proposed rule changes: NOTICES Financial Industry Regulatory Authority, Inc., 54698– Meetings: 54702 National Cancer Institute, 54667–54668 Municipal Securities Rulemaking Board, 54702–54704 National Institute of Arthritis and Musculoskeletal and NASDAQ Stock Market LLC, 54704–54705 Skin Diseases, 54668–54669 Options Clearing Corp., 54705–54708 National Institute of Mental Health, 54668 Southwestern Power Administration National Oceanic and Atmospheric Administration NOTICES RULES Power rates: Fishery conservation and management: Sam Rayburn Dam, 54652–54654 Alaska; fisheries of Exclusive Economic Zone— Pollock in statistical area 630 of the Alaskan Gulf, State Department 54604 NOTICES Pollock in statistical area of 620 in the Alaskan Gulf, Arms Export Control Act: 54604–54605 Determinations, 54708
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Nonproliferation measures imposition: U.S. Customs and Border Protection Iranian and North Korean entities, 54708–54709 RULES Korea Mining & Development Corp., 54709 Merchandise, special classes: Import restrictions— Surface Transportation Board Guatemala; archaeological and ethnological materials, NOTICES 54538–54539 Committees; establishment, renewal, termination, etc.: NOTICES Rail Energy Transportation Advisory Committee, 54713– Environmental statements; availability, etc.: 54714 Western Hemisphere Travel Initiative; land and sea Railroad services abandonment: environments, 54671–54672 CSX Transportation, Inc., 54714–54715 Textile Agreements Implementation Committee Veterans Affairs Department See Committee for the Implementation of Textile PROPOSED RULES Agreements Compensation, pension, burial, and related benefits: Veterans, surviving spouses, and surviving children; Transportation Department improved pension regulations, 54776–54803 See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Separate Parts In This Issue See Surface Transportation Board RULES Workplace drug and alcohol testing programs: Part II Test cancellation procedures; CFR correction, 54600 Federal Communications Commission, 54720–54774 Treasury Department See Internal Revenue Service Part III RULES Veterans Affairs Department, 54776–54803 Merchandise, special classes: Import restrictions— Part IV Guatemala; archaeological and ethnological materials, Executive Office of the President, Presidential Documents, 54538–54539 54805–54812 Practice before the Internal Revenue Service; regulatory modification, 54540–54555 PROPOSED RULES Practice before the Internal Revenue Service; regulatory Reader Aids modifications, 54621–54622 NOTICES Consult the Reader Aids section at the end of this issue for U.S. ownership of foreign securities survey; reporting phone numbers, online resources, finding aids, reminders, requirements, 54715–54716 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents U.S. Citizenship and Immigration Services LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities; proposals, archives, FEDREGTOC-L, Join or leave the list (or change submissions, and approvals, 54671 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: 8177...... 54807 8178...... 54809 8179...... 54811 7 CFR 457...... 54519 12 CFR 627 (2 documents) ...... 54525, 54527 14 CFR 25 (2 documents) ...... 54529, 54531 39 (3 documents) ...... 54533, 54535, 54536 19 CFR 12...... 54538 21 CFR 522...... 54539 26 CFR Proposed Rules: 1 (4 documents) ...... 54606, 54614, 54615 301 (2 documents) ...... 54615, 54618 29 CFR Proposed Rules: 1910...... 54619 31 CFR 10...... 54540 Proposed Rules: 10...... 54621 37 CFR Proposed Rules: 381...... 54622 38 CFR Proposed Rules: 5...... 54776 40 CFR 52 (2 documents) ...... 54556, 54562 180 (5 documents) ...... 54564, 54569, 54574, 54579, 54584 Proposed Rules: 52 (2 documents) ...... 54623, 54624 44 CFR 64 (2 documents) ...... 54588, 54591 Proposed Rules: 67 (2 documents) ...... 54624, 54631 47 CFR 73...... 54720 Proposed Rules: 73...... 54774 49 CFR 40...... 54600 541...... 54600 Proposed Rules: 578...... 54635 50 CFR 32...... 54602 679 (3 documents) ...... 54603, 54604
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Rules and Regulations Federal Register Vol. 72, No. 186
Wednesday, September 26, 2007
This section of the FEDERAL REGISTER Paperwork Reduction Act of 1995 production information to determine the contains regulatory documents having general Pursuant to the provisions of the amount of an indemnity payment in the applicability and legal effect, most of which event of an insured cause of crop loss. are keyed to and codified in the Code of Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of Whether a producer has 10 acres or Federal Regulations, which is published under 1000 acres, there is no difference in the 50 titles pursuant to 44 U.S.C. 1510. information in this rule have been approved by OMB under control kind of information collected. To ensure The Code of Federal Regulations is sold by number 0563–0053 through November crop insurance is available to small the Superintendent of Documents. Prices of 30, 2007. entities, the Federal Crop Insurance Act new books are listed in the first FEDERAL authorizes FCIC to waive collection of REGISTER issue of each week. E-Government Act Compliance administrative fees from limited FCIC is committed to complying with resource farmers. FCIC believes this the E-Government Act, to promote the waiver helps to ensure that small DEPARTMENT OF AGRICULTURE use of the Internet and other entities are given the same opportunities as large entities to manage their risks Federal Crop Insurance Corporation information technologies to provide increased opportunities for citizen through the use of crop insurance. A Regulatory Flexibility Analysis has not 7 CFR Part 457 access to Government information and services, and for other purposes. been prepared since this regulation does RIN 0563–AC02 not have an impact on small entities, Unfunded Mandates Reform Act of and, therefore, this regulation is exempt Common Crop Insurance Regulations; 1995 from the provisions of the Regulatory Fresh Market Sweet Corn Crop Title II of the Unfunded Mandates Flexibility Act (5 U.S.C. 605). Insurance Provisions Reform Act of 1995 (UMRA) establishes Federal Assistance Program AGENCY: requirements for Federal agencies to Federal Crop Insurance This program is listed in the Catalog Corporation, USDA. assess the effects of their regulatory actions on State, local, and tribal of Federal Domestic Assistance under ACTION: Final rule. governments and the private sector. No. 10.450. SUMMARY: The Federal Crop Insurance This rule contains no Federal mandates Executive Order 12372 Corporation (FCIC) finalizes the Fresh (under the regulatory provisions of title This program is not subject to the Market Sweet Corn Crop Insurance II of the UMRA) for State, local, and provisions of Executive Order 12372, Provisions to make policy revisions that tribal governments or the private sector. which require intergovernmental would allow expansion of the fresh Therefore, this rule is not subject to the consultation with State and local market sweet corn coverage into requirements of sections 202 and 205 of officials. See the Notice related to 7 CFR additional areas where the crop is UMRA. part 3015, subpart V, published at 48 FR produced, and will allow coverage for Executive Order 13132 29115, June 24, 1983. fresh market sweet corn that is sold through direct marketing. The changes It has been determined under section Executive Order 12988 will be effective for the 2008 and 1(a) of Executive Order 13132, This final rule has been reviewed in succeeding crop years for all counties Federalism, that this rule does not have accordance with Executive Order 12988 with a contract change date on or after sufficient implications to warrant on civil justice reform. The provisions the effective date of this rule and for the consultation with the States. The of this rule will not have a retroactive 2009 and succeeding crop years for provisions contained in this rule will effect. The provisions of this rule will counties with a contract change date not have a substantial direct effect on preempt State and local laws to the prior to the effective date of this rule. States, or on the relationship between the national government and the States, extent such State and local laws are DATES: Effective Date: October 26, 2007. or on the distribution of power and inconsistent herewith. With respect to FOR FURTHER INFORMATION CONTACT: responsibilities among the various any direct action taken by FCIC or to Linda Williams, Risk Management levels of government. require the insurance provider to take Specialist, Product Management, specific action under the terms of the Product Administration and Standards Regulatory Flexibility Act crop insurance policy, the Division, Risk Management Agency, FCIC certifies that this regulation will administrative appeal provisions United States Department of not have a significant economic impact published at 7 CFR part 11 must be Agriculture, Beacon Facility—Mail Stop on a substantial number of small exhausted before any action against 0812, PO Box 419205, Kansas City, MO entities. Program requirements for the FCIC for judicial review may be brought. 64141–6205, telephone (816) 926–7730. Federal crop insurance program are the Environmental Evaluation SUPPLEMENTARY INFORMATION: same for all producers regardless of the size of their farming operation. For This action is not expected to have a Executive Order 12866 instance, all producers are required to significant economic impact on the The Office of Management and Budget submit an application and acreage quality of the human environment, (OMB) has determined that this rule is report to establish their insurance health, or safety. Therefore, neither an non-significant for the purposes of guarantees and compute premium Environmental Assessment nor an Executive Order 12866 and, therefore, it amounts, and all producers are required Environmental Impact Statement is has not been reviewed by OMB. to submit a notice of loss and needed.
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Background Therefore, some containers will have be cumbersome, time consuming, and On Friday, July 28, 2006, FCIC the additional costs subtracted and create vulnerabilities to list and itemize published a notice of proposed others will not. Once the net values are on the worksheet each and every rulemaking in the Federal Register at 71 all totaled and divided by the total individual container of sweet corn and FR 42770–42775 to amend § 457.129 number of containers sold, the result subtract from each the allowable cost. Fresh Market Sweet Corn Crop should be approximately the same. Further, the difference in the results Comment: Three commenters stated Insurance Provisions. The intended from using the average versus the the definition of ‘‘crop year’’ is effect of the action is to provide policy individual net values is not significant. confusing for a county that has only a Comment: Two commenters suggested changes to allow for the expansion of spring planted practice. They while revising the definition of fresh market sweet corn coverage into questioned when the crop year begins ‘‘practical to replant’’ was not in the additional areas where the crop is for such a practice. proposed rule, it may be a good time to produced and to allow coverage for Response: The commenter is correct revise the provisions so that it is fresh market sweet corn when it is that the definition of ‘‘crop year’’ fails consistent with other Crop Provisions. marketed through direct marketing. The to address those counties where there The comments suggested removing the changes will be effective for the 2008 may only be a spring planting practice. phrase ‘‘ In lieu of the definition of and succeeding crop years for all While no change was proposed for the ‘Practical to Replant’ contained in counties with a contract change date on definition of ‘‘crop year,’’ FCIC has section 1 of the Basic Provisions, or after November 30, 2007. The public revised the definition to clarify the crop practical to replant is defined as * * *’’ was afforded 60 days to submit written year for counties where there is only a and replacing it with ‘‘In lieu of the comments and opinions. spring planting practice. definition contained in section 1 of the A total of 66 comments were received Comment: Three commenters found Basic Provisions, our determination from 3 commenters. The commenters the definition of ‘‘minimum value’’ to be *** were an insurance service organization useful in the Crop Provisions but Response: While no changes were and two approved insurance providers. questioned if each reference of proposed to the definition of ‘‘practical The comments received and FCIC’s ‘‘minimum value’’ should be followed to replant,’’ the recommended changes responses are as follows: by the term ‘‘contained in the actuarial are not substantive in nature and will Comment: Two commenters stated the documents’’ as the term is contained in make the provision more readable. definition of ‘‘allowable cost’’ may vary the definition. Therefore, FCIC has revised the by region as is shown in the Special Response: The commenter is correct definition accordingly. Provisions. For example, the Special that the term ‘‘contained in the actuarial Comment: Two commenters suggested Provisions in Adams County, Colorado documents’’ is not needed when removing the comma after ‘‘Basic states ‘‘* * * harvesting, grading, referencing the ‘‘minimum value’’ since Provisions’’ contained in section 3(c). packing containers, hauling and selling’’ the definition of ‘‘minimum value’’ Response: While no changes were * * *, while the Broward County, specifies where it can be found, and proposed to the definition of ‘‘practical Florida Special Provisions has ‘‘*** FCIC has removed the term accordingly. to replant,’’ the recommended changes picking, grading, packing containers, FCIC has also revised the definition to are not substantive in nature and will hauling and selling * * *’’. The state the amount can be found in the make the provision more readable. commenters indicated the definition Special Provisions since this is the Therefore, FCIC has revised the could be beneficial in the Crop specific document where the definition accordingly. Provisions, especially if the intent is to information will be contained. Comment: Two commenters suggested move more of the common details from Comment: All of the commenters section 3(d) be revised from ‘‘* * * one the Special Provisions to this definition. stated it would be more appropriate to of the most recent three crop years’’ to Response: The definition will be revise the term ‘‘net value per ‘‘* * * one of the three most recent beneficial to allow producers to see the container’’ to ‘‘average net value per crop years.’’ types of costs that are considered container’’ as that is how the term is Response: FCIC has made the change allowable costs. However, the specifics used in the Crop Provisions. The accordingly. must still be contained in the Special commenters also questioned why the Comment: Three commenters Provisions because the costs associated proposed rule stated a net value for each expressed concern with the text in with harvesting fresh market sweet corn container would never be calculated as section 3(f) ‘‘will be deemed to have vary by region and because terminology it would be a complex and time been destroyed.’’ They each stated the also varies by region. The definition has consuming process. The commenters language is contained in several other been retained in the final rule. suggested if the definition is not Crop Provisions and have been advised Comment: Two commenters stated in applicable to direct marketing, it should the term means that no production will the definition of ‘‘allowable cost’’ it is be clearly noted as such. be counted against such acreage and allowed to deduct ‘‘any additional Response: The commenter is correct would hold true if such acreage was charges specified in the Special that the term used is ‘‘average net value later harvested. They believed this is a Provisions.’’ They questioned how the per container.’’ However, since the term conflict with section 14(c)(3) of these average net value is determined when ‘‘net value’’ is used in the term ‘‘average Crop Provisions which states ‘‘The only some of the containers incurred net value per container,’’ it is value of all harvested production of additional charges such as cooling appropriate to also define this term and sweet corn from the insurable acreage’’ charges. FCIC has revised the definition is included as the total value of Response: The commenter is correct accordingly. FCIC has also added a production to count for the unit. This that not all harvested sweet corn definition of ‘‘average net value per would also apply to the amount of production incurs additional charges container’’ to specify it is a dollar appraised production determined such as cooling charges. However, amount obtained by totaling the net during an appraisal for unharvested although the average net value per value of all containers sold and dividing acreage. The commenters recommended container is used, the net value is this total by the number of containers of the text be revised and clarified so that established for each container. all sweet corn production sold. It would all parties understand the provision
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with the same meaning. Two of the recommended changes, the question as to which of the provisions commenters suggested in section 3(f) to recommendations cannot be would be applicable when excess add a comma in front of ‘‘to the extent incorporated in the final rule. No moisture occurs at the end of one ***’’ and revise the phrase ‘‘even change has been made. planting period and the acreage cannot though’’ to ‘‘even if.’’ Comment: Two commenters stated be replanted until after the final Response: The purpose of proposed they agreed with the provisions planting date, section 9(b) would apply section 3(f) is to limit the liability for contained in section 8(c) that will allow provided that the acreage is located in any acreage of sweet corn that is coverage for direct marketed sweet corn a county that has fall or winter planting damaged in the first stage. If the as long as the necessary procedures are periods. If only spring planted sweet producer’s sweet corn, as well as other in place for determining and corn is insured in the county, the three sweet corn acreage in the area, is documenting the amount of production criteria contained in section 9(a) must damaged in the first stage to the extent to count. be applicable to determine if the acreage most producers would not provide Response: When direct marketing is should be replanted. further care for their sweet corn, the allowed by the Special Provisions or by Comment: Two commenters indemnity payable for the insured written agreement, producers will be recommend section 11(a)(2) be revised producer’s sweet corn acreage will be required to provide a 15-day notice to clarify fire as a cause of loss must be based on the amount of insurance for before harvest begins so insurance due to natural causes. the first stage. This will make the providers may conduct an appraisal of Response: In addition to the Fresh provision consistent with section 14(c) the sweet corn in accordance with Market Sweet Corn Crop Provisions, the of the Crop Provisions, and allow the section 13. If notice is not provided, Common Crop Insurance Policy, Basic damaged sweet corn to be appraised to section 13(c) specifically states such Provisions are applicable for sweet corn. determine the value of production to failure ‘‘* * * will result in an Section 12 of the Basic Provisions states count for such acreage. At that time the appraised amount of production to all specified causes of loss must be due insured must either agree or not agree count of not less than the dollar amount to a naturally occurring event. Adding with the appraised potential production. of insurance (per acre) * * *’’ An the suggested language could be If such an agreement is not reached, in appraisal of the sweet corn and/or any redundant and could cause confusion accordance with section 14(c)(2), acceptable records of harvest will be by suggesting that the other listed insurance will continue until the crop is used to compute the value of production causes of loss do not have to be due to harvested; however, any indemnity will to count. As with other crops that allow natural causes. Therefore, no change has be paid based on an amount of insurance for direct marketing, FCIC been made. insurance for the first stage. FCIC has approved loss adjustment procedures Comment: Two commenters suggested revised section 3(f) to clarify the will provide the requirements for removing from section 11(b)(2), the provisions and remove reference to documenting production that is sold by phrase ‘‘that occurs during the ‘‘deemed to be destroyed’’. FCIC will direct market. insurance period’’ as it is already clarify all other Crop Provisions Comment: Two commenters suggested contained in section 11(a). containing this language when proposed deleting the ‘‘If’’ at the beginning of Response: FCIC has made the change revisions are made. section 9(a)(3) because the redesignated accordingly. Comment: One commenter stated (a) now ends with the word ‘‘if:’’ They Comment: Two commenters suggested section 4 should be revised to move the also thought it might read better if the the replant provisions contained in contract change date for all counties in two phrases in section 9(a)(3) were section 12 should be revised to align Georgia to November 30. reversed to ‘‘The final day of the with proposed changes in the Basic Response: FCIC did not include any planting period has not passed at the Provisions. revisions to section 4 in the proposed time the crop was damaged.’’ Response: Since the final rule has not rule, the recommended change is Response: FCIC agrees with the been published for the Basic Provisions substantive in nature, and the public commenters and has revised section and FCIC is still reviewing all was not provided an opportunity to 9(a)(3). comments, it would be premature to comment. Therefore, no change will be Comment: Two commenters suggested make any changes to the replant made. section 9(b) should contain language to provisions. Once the Basic Provisions Comment: One commenter requested specify the crop is damaged in order to final rule is published, FCIC will the cancellation and termination dates lead in to provisions 9(b)(1) and (2). The determine whether conforming changes contained in section 5 for all counties in commenters asked what would happen need to be made in the Fresh Market Georgia be moved to February 15. If the if the crop is damaged towards the end Sweet Corn Crop Provisions. No change change is made, the sales closing date of the planting period and moisture that has been made. for all Georgia counties must also be came with the storm would not allow Comment: According to three changed to February 15 and the fall the acreage to dry out to be replanted commenters, section 13(a)(3) references planting period for Georgia should be until after the final planting date for the the calendar date for the end of the moved to the end of the crop year rather planting period. They asked if this insurance period; however, the closest than have the crop year begin with the situation would require the crop be thing to a calendar date is section 10(f) fall planting period. replanted per the provisions contained which states ‘‘100 days after the date of Response: The impact of moving the in section 9(a) assuming it is still planting or replanting * * * ’’ fall planting period to the end of the practical, or would the insured have the Response: Growing conditions are not crop year would be a major change and option as indicated in provisions 9(b). the same in all areas where sweet corn would affect multiple processes Response: It is unnecessary for section is grown. Therefore, it is not possible to including actuarial, data and financial 9(b) to specify damage to the crop has provide a single calendar date to end the accounting systems. Since no changes to occurred. The definition of ‘‘practical to insurance period. Instead, FCIC revised section 5 were proposed, the replant’’ contained in these Crop section 10 to allow the end of the recommended change is substantive in Provisions specifically states there must insurance period to be either 100 days nature, and the public was not provided be ‘‘loss or damage to the insured crop after planting or replanting, or a an opportunity to comment on the ***’’ With respect to the commenters’ specified date contained in the Special
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Provisions. If a specific calendar date is production? They asked whether the will be used to value the amount of not provided in the Special Provisions, agreed amount will always be zero. production. The commenters questioned insurance providers can still determine Response: FCIC did not intend for the why this is a change from current the calendar date by calculating the date example of a claim for indemnity to Special Provision statements which that is 100 days after the producer imply sweet corn acreage damaged in specifies the value of production to reports the crop was planted or Stage 1 will always be zero production count that is sold by direct marketing replanted. No change has been made. to count. As provided in section 14(c), will be the greater of the actual value or Comment: Two commenters stated it the value of all potential production and the provisions contained in section would be costly for insurance providers harvested production will be used to 14(c)(2). The commenters asked why the to conduct a pre-harvest appraisal as determine the amount of the indemnity. Crop Provisions do not allow for the required in section 13(b) for all direct FCIC has revised the example contained deduction of allowable costs for marketed policies that are in a loss in section 14(b) to clarify the 15.0 acre production that is sold by direct situation. They asked if there was a field was destroyed by flood and the marketing when the Strawberry Crop better way to handle these situations. appraisals determined that there was no Provisions do allow the deduction. Another commenter questioned why the potential production to count. Response: Regarding the omission in proposed rule contained language Comment: One commenter stated the section 14(c)(4) of provisions requiring production records from language in section 14(c)(2) was concerning appraised potential producers as the sweet corn crop confusing. While it appeared the intent production for direct marketed insurance program is not based on or meaning of the sentence did not production, FCIC has revised the producer’s actual production history change, the sentence does not read well provisions to specify the total value of (APH). The commenter indicated as altered. production sold by direct marketing will Response: FCIC has rephrased the insurance providers cannot assume the be the greater of the actual value language in section 14(c)(2). received, or dollar amount obtained by list of record types and requirements Comment: A commenter indicated the contained in the Crop Insurance multiplying the total number of final sentence in section 14(c)(3)(ii) containers of appraised sweet corn that Handbook are acceptable since the list which states ‘‘Harvest production that is is for APH based crops. is sold by direct marketing by the damaged [* * *] will not be counted as minimum value. The strawberry crop Response: Without appraising the production to count unless such sweet corn crop before it is sold by insurance program is a pilot program production is sold’’ needs further administered by FCIC. Strawberries are direct market there is no way to clarification. The commenter stated adequately determine if the value or unique from other crops since some insured producers who cannot strawberries that are sold by direct amount of production was accurately market the corn as fresh market sweet marketing or through brokers must be reported because there are no corn will sell it as chopped/silage, and packed in containers. Fresh market independent sources to verify in this case, the crop was sold but was sweet corn sold by direct marketing production associated with direct not sold as fresh market sweet corn. does not have a packing standard like market sales. If the commenter knows of Response: The language in section strawberries and in most cases, direct another way to accurately determine the 14(c)(3)(ii) pertains to harvested marketed sweet corn production does production, FCIC is willing to consider marketable sweet corn production that not incur many of the costs of it for any future rulemaking. FCIC is not sold and unmarketable harvesting, such as grading and packing approved loss adjustment procedures production that is later sold. Section 1 containers. will be updated to provide guidelines in of these Crop Provisions defines Comment: Two commenters did not what types production records can be ‘‘marketable sweet corn’’ as ‘‘Sweet corn agree with the proposed language used to verify harvested production that that is sold or grades U.S. No. 1 or better contained in section 16(b)(1) to average is sold by direct marketing. No changes in accordance with the requirements of the net value of all containers sold and have been made. the United States Standards for Grades then apply the minimum value. The Comment: Two commenters suggested of Sweet Corn.’’ There is nothing in the commenter did not agree with the section 14(b)(3) should be consistent definition that requires the sweet corn approach and recommended the with other steps in the claim for to be sold as fresh market sweet corn minimum value be applied to the net indemnity calculation and should be before being considered marketable. value of each container sold changed from ‘‘total the results * * *’’ This means that production that was individually. to ‘‘Totaling the results * * *’’ previously unmarketable due to damage Response: While the commenters Response: Although no changes were is considered marketable if it is sold suggested a change to the proposed proposed, the recommended change is and, even though it was sold for use language contained in section 16, no not significant and would make the other than fresh market sweet corn, it information was provided to support provisions read more consistently. counts as production to count in why such change should be made in Comment: Three commenters accordance with section 14(c)(3)(ii). No calculating the value of harvested indicated in the example of a claim for change has been made. production. As stated above, it would be indemnity contained in section 14(b)(5), Comment: Three commenters stated time consuming and burdensome to there is no production to count for the section 14(c)(4) is the only reference in calculate the net value for each 15.0 acres of Stage 1 acreage. They the Settlement of Claim to direct container separately. FCIC has stated it gives the reader the impression marketed production, it gives the determined that using the average net no production will ever be assessed for impression it is the only method by values will still provide the appropriate acreage damaged in Stage 1. If this is the which direct marketed production will value for the containers. No change has case, then why are there appraisal be accounted for and valued. The been made. procedures for sweet corn acreage in provision does not give any regard to Stage 1, and why under section 14(c) the requirement that if any acreage will List of Subjects in 7 CFR Part 457 must insurance providers account for be direct marketed, such acreage will be Crop insurance, Fresh market sweet potential production when agreement is appraised and such appraised corn, Reporting and recordkeeping established on the appraised amount of production and any acceptable records requirements.
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Final Rule I U. Revise section 13. sweet corn. The crop year is designated I V. Amend section 14(b)(2) by by the calendar year in which spring I Accordingly, as set forth in the removing the phrase ‘‘(see section planted sweet corn is harvested. preamble, the Federal Crop Insurance 3(d))’’, and adding in its place ‘‘(see Corporation amends 7 CFR part 457 for * * * * * section 3(e))’’. Harvest. Separation of ears of sweet the 2008 and succeeding crop years as I W. Amend section 14(b)(3) by follows: corn from the plant by hand or machine. removing the words ‘‘Total the’’ and Marketable sweet corn. Sweet corn PART 457—COMMON CROP adding in its place ‘‘Totaling the’’; that is sold for any purpose or grades I X. In section 14, revise paragraphs INSURANCE REGULATIONS U.S. No. 1 or better in accordance with (b)(4)(ii), (b)(5), (c)(1)(iii), (c)(1)(iv), the requirements of the United States I 1. The authority citation for 7 CFR (c)(2) introductory text, (c)(2)(i), and Standards for Grades of Sweet Corn. part 457 continues to read as follows: (c)(3). Add new paragraphs (c)(1)(v), Minimum value. The dollar amount Authority: 7 U.S.C. 1506(1), 1506(p). (c)(4), and add an example immediately per container shown in the Special following paragraph (b)(5). Provisions we will use to value I 2. Amend 457.129 as follows: I Y. In section 16, revise paragraph (b); I marketable production to count. A. Revise the introductory text. redesignate current paragraph (c) as (d), Net value. The dollar value of packed I B. Remove the paragraph regarding and add a new paragraph (c). and sold sweet corn obtained by priority preceding section 1. The revisions and additions to subtracting the allowable cost and any I C. Remove the reference of ‘‘(§ 457.8)’’ § 457.129 read as follows: from the definitions of ‘‘Crop year,’’ and additional charges specified in the ‘‘Practical to replant’’ in section 1; and § 457.129 Fresh market sweet corn crop Special Provisions from the gross value from sections 3(a), 3(c), 4, 5, 6, 7, 8, 9(a), insurance provisions. per container of sweet corn sold. This 9(b), 10, 11(a), 11(b), 12(a), 12(c), and The fresh market sweet corn crop result may not be less than zero. 13. insurance provisions for the 2008 and * * * * * I D. Remove the reference to ‘‘fresh succeeding crop years for all counties Practical to replant—In lieu of the market’’ where it appears in the with a contract change date on or after definition in section 1 of the Basic definition of ‘‘planting period’’ in the effective date of this rule and for the Provisions, our determination, after loss section 1, and section 16(a)(1). 2009 and succeeding crop years for all or damage to the insured crop, based on I E. Add definitions in section 1 for counties with a contract change date factors, including but not limited to ‘‘allowable cost,’’ ‘‘amount of insurance prior to the effective date of this rule, as moisture availability, condition of the (per acre),’’ ‘‘average net value per follows: field, marketing windows, and time to container,’’ ‘‘minimum value,’’ and ‘‘net * * * * * crop maturity, that replanting to the value;’’ remove the definitions of insured crop will allow the crop to ‘‘excess rain,’’ ‘‘excess wind,’’ and 1. Definitions attain maturity prior to the calendar ‘‘freeze;’’ and revise the definitions of Allowable cost. The dollar amount per date for the end of the insurance period ‘‘container,’’ ‘‘crop year,’’ ‘‘harvest,’’ container for harvesting, packing, and (inability to obtain seed will not be ‘‘marketable sweet corn,’’ and ‘‘practical handling as shown in the Special considered when determining if it is to replant.’’ Provisions. practical to replant). I F. Revise section 2. Amount of insurance (per acre). The * * * * * I G. Amend section 3(a) by removing dollar amount of coverage per acre 2. Unit Division the phrase ‘‘(Insurance Guarantees, obtained by multiplying the reference Coverage Levels, and Prices for maximum dollar amount shown on the A basic unit, as defined in section 1 Determining Indemnities)’’. actuarial documents by the coverage of the Basic Provisions, will also be I H. Revise section 3(c). level percentage you elect. established for each planting period. I I. Redesignate section 3 paragraphs (d) Average net value per container. The and (e) as paragraphs (e) and (f), add a 3. Amounts of Insurance and Production dollar amount obtained by totaling the Stages new paragraph (d), and revise newly net values of all containers of sweet redesignated paragraph (f). corn sold and dividing the result by the * * * * * I J. Amend section 4 by removing the total number of containers of all sweet (c) The production reporting phrase ‘‘(Contract Changes)’’. requirements contained in section 3 of I corn sold. K. Amend section 5 by removing the Container. The unit of measurement the Basic Provisions do not apply to phrase ‘‘(Life of Policy, Cancellation, for the insured crop as specified in the sweet corn. and Termination)’’. (d) If specified in the Special I Special Provisions. L. Amend section 6 by removing the Crop year. In lieu of the definition of Provisions, we will limit your amount of phrase ‘‘(Report of Acreage)’’. ‘‘crop year’’ contained in section 1 of insurance per acre if you have not I M. Amend section 7 by removing the the Basic Provisions, for counties with produced the minimum amount of phrase ‘‘(Annual Premium)’’. production of sweet corn contained in I N. Amend the introductory text of fall, winter, and spring planting periods or counties with fall and spring planting the Special Provisions in at least one of section 8 by removing the phrase the three most recent crop years. ‘‘(Insured Crop)’’. periods, the period of time that begins I O. Revise section 8(c)(3). on the first day of the earliest planting * * * * * I P. Revise section 9. period for fall planted sweet corn and (f) The indemnity payable for any I Q. Amend the introductory text in continues through the last day of the acreage of sweet corn will be based on section 10 by removing the phrase insurance period for spring planted the stage the plants had achieved when ‘‘(Insurance Period)’’. sweet corn. For counties with only damage occurred. Any acreage of sweet I R. Revise section 10(f). spring planting periods, the period of corn damaged in the first stage to the I S. Revise section 11. time that begins on the earliest planting extent that the majority of producers in I T. Amend sections 12(a) and (c) by period for spring planted sweet corn the area would not normally further care removing the phrase ‘‘(Replanting and continues through the last day of for it will have an amount of insurance Payment)’’. the insurance period for spring planted based on the first stage for the purposes
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of establishing an indemnity even if you 11. Causes of Loss (1) The time you discontinue harvest continue to care for the damaged sweet (a) In accordance with the provisions of any acreage on the unit; corn. of section 12 of the Basic Provisions, (2) The date harvest normally would * * * * * insurance is provided only against the start if any acreage on the unit will not 8. Insured Crop following causes of loss that occur be harvested; or during the insurance period: (3) The calendar date for the end of * * * * * (1) Adverse weather conditions; the insurance period. (c) * * * (2) Fire; (b) If insurance is permitted by the (3) Grown for direct marketing, unless (3) Wildlife; otherwise provided in the Special (4) Volcanic eruption; Special Provisions or by written Provisions or by written agreement. (5) Earthquake; agreement on acreage with production that will be sold by direct marketing, 9. Insurable Acreage (6) Insects, but not damage due to insufficient or improper application of you must notify us at least 15 days In addition to the provisions of pest control measures; before any production from any unit section 9 of the Basic Provisions any (7) Plant disease, but not damage due will be sold by direct marketing. We acreage of sweet corn damaged during to insufficient or improper application will conduct an appraisal that will be the planting period in which initial of disease control measures; or used to determine the value of your planting took place: (8) Failure of the irrigation water production to count for production that (a) Must be replanted if: supply, if caused by an insured cause of is sold by direct marketing. If damage (1) Less than 75 percent of the plant loss that occurs during the insurance occurs after this appraisal, we will stand remains; conduct an additional appraisal if you (2) It is practical to replant; and period. (b) In addition to the causes of loss notify us that additional damage has (3) The final day of the planting occurred. These appraisals, and/or any period has not passed at the time the excluded in section 12 of the Basic Provisions, we will not insure against acceptable production records provided crop was damaged. by you, will be used to determine the (b) Whenever sweet corn is initially damage or loss due to: value of your production to count. planted during the fall or winter (1) Failure to harvest in a timely planting periods and the final planting manner unless harvest is prevented by (c) Failure to give timely notice that date for the planting period has passed, one of the insurable causes of loss production will be sold by direct but it is considered practical to replant, specified in section 11(a); or marketing will result in an appraised you may elect: (2) Failure to market the sweet corn amount of production to count of not (1) To replant such acreage and unless such failure is due to actual less than the dollar amount of insurance collect any replant payment due as physical damage caused by an insured (per acre) for the applicable stage if such specified in section 12. The initial cause of loss as specified in section failure results in our inability to planting period coverage will continue 11(a). For example, we will not pay you accurately determine the value of for such replanted acreage; or an indemnity if you are unable to production. market due to quarantine, boycott, or (2) Not to replant such acreage and 14. Settlement of Claim receive an indemnity based on the stage refusal of any person to accept of growth the plants had attained at the production. * * * * * time of damage. However, such an * * * * * (b) * * * election will result in the acreage being 13. Duties in the Event of Damage or (4) * * * uninsurable in the subsequent planting Loss (ii) For catastrophic risk protection period. In addition to the requirements coverage, the result of multiplying the 10. Insurance Period contained in section 14 of the Basic total value of production to be counted * * * * * Provisions, if you intend to claim an (see section 14(c)) by fifty-five percent; (f) 100 days after the date of planting indemnity on any unit: and or replanting, unless otherwise provided (a) You also must give us notice not (5) Multiplying the result of section in the Special Provisions. later than 72 hours after the earliest of: 14(b)(4) by your share.
For example: You have a 100 percent share in 65.3 acres of fresh market sweet corn in the unit (15.0 acres in stage 1 and 50.3 acres in the final stage), with a dollar amount of insurance of $600 per acre. The 15.0 acre field was damaged by flood and appraisals of the crop de- termined there was no potential production to be counted. From the 50.3 acre field, you are only able to harvest 5,627 containers of sweet corn. The net value of all sweet corn production sold ($3.11 per container) is greater than the Minimum Value per container ($2.50). The 5,627 containers sold × $3.11 average net value per container = $17,500 value of your production to count. Your in- demnity would be calculated as follows: 1 15.0 acres × $600 amount of insurance = $9,000 and 50.3 acres × $600 amount of insurance = $30,180; 2 $9,000 × .65 (percent for stage 1) = $5,850 and $30,180 × 1.00 (percent for final stage) = $30,180; 3 $5,850 + $30,180 = $36,030 amount of insurance for the unit; 4 $36,030¥$17,500 value of production to count = $18,530 loss; 5 $18,530 × 100 percent share = $18,530 indemnity payment.
(c) * * * (iv) For which you fail to provide (v) From which insurable production (1) * * * acceptable production records; or is sold by direct marketing and you fail (iii) That is damaged solely by uninsured causes;
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to meet the requirements contained in sweet corn sold (this result may not be on an amendment, paragraph, or section section 13(b) of these Crop Provisions; less than the minimum value option of this rule, and that provision may be (2) The value of the following amount shown in the actuarial addressed separately from the appraised sweet corn production will documents); remainder of the rule, the FCA will not be less than the dollar amount (2) For marketable sweet corn withdraw that amendment, paragraph, obtained by multiplying the number of production that is not sold, the value of or section and adopt as final those containers of appraised sweet corn by such production will be the dollar provisions of the rule that are not the the minimum value for the planting amount obtained by multiplying the subject of a significant comment. In period: total number of containers of such sweet such case, we will then tell you how we (i) Unharvested marketable sweet corn corn by the minimum value for the expect to continue further rulemaking production (unharvested production planting period. Harvested production on the provisions that were the subject that is damaged or defective due to that is damaged or defective due to of significant adverse comment. insurable causes and is not marketable insurable causes and is not marketable ADDRESSES: We offer a variety of will not be counted as production to will not be included as production to methods for you to submit comments. count unless such production is later count. For accuracy and efficiency reasons, we harvested and sold for any purpose); (c) If all the requirements of encourage commenters to submit * * * * * insurability are met, the value of comments by e-mail or through the (3) The value of all harvested insurable production that is sold by Agency’s Web site or the Federal production of sweet corn from the direct marketing will be the greater of: eRulemaking Portal. As faxes are insurable acreage, except production (1) The actual value received by you difficult for us to process and achieve that is sold by direct marketing as for direct marketed production; or compliance with section 508 of the specified in section (c)(4) below: (2) The dollar amount obtained by Rehabilitation Act, please consider (i) For sold production, will be the multiplying the total number of another means to submit your comment greater of: containers of sweet corn sold by direct if possible. Regardless of the method (A) The dollar amount obtained by marketing by the minimum value. you use, please do not submit your multiplying the total number of * * * * * comment multiple times via different containers of sweet corn sold by the Signed in Washington, DC, on September methods. You may submit comments by minimum value; or 12, 2007. any of the following methods: • (B) The dollar amount obtained by Eldon Gould, E-mail: Send us an e-mail at reg- multiplying the average net value per [email protected]. Manager, Federal Crop Insurance • container from all sweet corn sold by Corporation. Agency Web site: http:// the total number of all containers of [FR Doc. E7–18781 Filed 9–25–07; 8:45 am] www.fca.gov. Once you are at the Web site, select ‘‘Public Commenters,’’ then sweet corn sold. BILLING CODE 3410–08–P (ii) For marketable sweet corn ‘‘Public Comments.’’ production that is not sold, will be the • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the dollar amount obtained by multiplying FARM CREDIT ADMINISTRATION the number of containers of such sweet instructions for submitting comments. • corn by the minimum value for the 12 CFR Part 627 Mail: Gary K. Van Meter, Deputy planting period. Harvested production Director, Office of Regulatory Policy, that is damaged or defective due to RIN 3052–AC38 Farm Credit Administration, 1501 Farm insurable causes and is not marketable Credit Drive, McLean, VA 22102–5090. Title IV Conservators, Receivers, and will not be counted as production to • FAX: (703) 883–4477. Posting and Voluntary Liquidations; Priority of count unless such production is sold. processing of faxes may be delayed. Claims—Subordinated Debt (4) If all the requirements of Please consider another means to insurability are met, the value of AGENCY: Farm Credit Administration. comment, if possible. You may review copies of comments we insurable production that is sold by ACTION: Direct final rule with receive at our office in McLean, direct marketing will be the greater of: opportunity to comment. (i) The actual value received by you Virginia, or from our Web site at for direct marketed production; or SUMMARY: The Farm Credit http://www.fca.gov. Once you are in the (ii) The dollar amount obtained by Administration (FCA, Agency, we), Web site, select ‘‘Public Commenters,’’ multiplying the total number of issues a direct final rule amending its then select ‘‘Public Comments,’’ then containers of appraised sweet corn sold priority of claims regulations. The effect select ‘‘Submitting a Comment’’ and by direct marketing by the minimum of the amendments is to provide that, follow the instructions there. We will value. when the assets of a Farm Credit System show your comments as submitted, but * * * * * (FCS or System) institution in for technical reasons we may omit items liquidation are distributed, the claims of such as logos and special characters. 16. Minimum Value Option holders of subordinated debt will be Identifying information that you * * * * * paid after all general creditor claims. provide, such as phone numbers and (b) In lieu of the provisions contained DATES: If no significant adverse addresses, will be publicly available. in section 14(c)(3) of these Crop comment is received on or before However, we will attempt to remove e- Provisions, the total value of harvested October 26, 2007, these regulations will mail addresses to help reduce Internet production that is not sold by direct be effective upon the expiration of 30 spam. marketing will be determined as days after publication in the Federal FOR FURTHER INFORMATION CONTACT: follows: Register during which either or both Christopher D. Wilson, Policy Analyst, (1) The dollar amount obtained by Houses of Congress are in session. Office of Regulatory Policy, Farm multiplying the average net value per Notice of the effective date will be Credit Administration, McLean, VA container from all sweet corn sold by published in the Federal Register. If 22102–5090, (703) 883–4414, TTY the total number of all containers of significant adverse comment is received (703) 883–4434, or
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Rebecca S. Orlich, Senior Counsel, institution can issue more than one strategic goal of implementing effective Office of General Counsel, Farm class of subordinated debt and can and efficient regulations. We believe Credit Administration, McLean, VA provide for all classes of the debt to that the use of direct final rulemaking in 22102–5090, (703) 883–4020, TTY have the same claims priority upon appropriate circumstances can (703) 883–4020. liquidation. Alternatively, an institution streamline the rulemaking process for SUPPLEMENTARY INFORMATION: with multiple classes of subordinated noncontroversial rules by reducing the debt can provide for one or more classes time and resources needed for I. Objective of subordinated debt to be subordinated development, review, clearance, and Our objective in this direct final rule to one or more other classes of publication, while still affording the is to clarify the claims priority of subordinated debt. public adequate opportunity to subordinated debt in the event of the This rule is intended to clarify the comment on or object to a rule. liquidation of a System institution. payment priority of subordinated debt In direct final rulemaking, the agency holders with respect to holders of other gives notice that a rule will become final II. Background debt and among holders of different at a specified future date unless the Part 627 of our regulations governs classes of subordinated debt. agency receives significant adverse comment on the rule during the the conduct of System institution III. Description of Rule conservatorships and receiverships. comment period established in the Sections 627.2745, 627.2750, and Sections 627.2745, 627.2750, and rulemaking notice. The Administrative 627.2752 set forth the priority of claims 627.2752 are amended by adding Procedure Act, 5 U.S.C. 551–59, et seq. by creditors for the distribution of the language to each section to provide that, (APA), supports this streamlined assets of associations, banks and other in the liquidation of banks, associations, technique of rulemaking. Direct final Farm Credit institutions, respectively, in and other Farm Credit institutions, rulemaking is justified under section liquidation. Section 627.2755(b) respectively, the holders of claims 553(b)(B) of the APA. Section 553(b)(B) provides that, ‘‘[f]ollowing the payment subordinated to general creditors’ is the APA’s ‘‘good cause’’ exemption of all claims, the receiver shall claims will be paid after general for omitting notice and comment on a distribute the remainder of the assets of creditors according to the priority rule where an agency finds ‘‘that notice the institution to the owners of stock, specified in the written documents and public procedure thereon are participation certificates, and other evidencing those claims. We have used impracticable, unnecessary, or contrary equities in accordance with the the more general term ‘‘claims’’ to to the public interest.’’ In direct final priorities for impairment set forth in the include, in addition to subordinated rulemaking, the agency finds that the bylaws of the institution.’’ These debt, any other instruments whose rule is sufficiently straightforward and provisions do not expressly provide for payment in liquidation is subordinated noncontroversial to make normal notice payments on claims by holders of to payments to general creditors but and comment unnecessary under the unsecured obligations that, according to ahead of payments made to equity APA. However, rather than eliminating the terms of such obligations, are holders under § 627.2755(b). public comment altogether, as would be Our rule is intended also to provide subordinated to the claims of general permissible under section 553(b)(B), the that the receiver will pay these claims creditors (subordinated debt). A System agency gives the public an opportunity in accordance with the subordination bank that recently issued subordinated to rebut the agency’s conclusion that priorities established by the issuing debt has requested that we amend our public input on the rule is unnecessary. institution. We note that, unlike the regulations to clarify that holders of Notwithstanding this ‘‘good cause’’ other paragraphs in §§ 627.2745, subordinated debt would be paid after rationale under section 553(b)(B), direct 627.2750, and 627.2752, the new general creditors are paid. The System final rulemaking also meets the basic paragraph in each section can cover bank made this request in a comment to notice-and-comment requirements of multiple classes of claimants, and we a proposed rule published on March 12, the APA, although the timing and are adding a reference to § 627.2755(a) 2007, that would provide priority of format of notice and opportunity for to each new paragraph to clarify this. claims rights to System banks if they comment necessarily differs from a typical notice-and-comment make payments under a contractual IV. Direct Final Rulemaking rulemaking. If, during the comment agreement to reallocate joint and several With the promulgation of this rule, period provided, the agency receives a liability.1 The Agency has adopted that the FCA is using the ‘‘Direct Final’’ significant adverse comment on an proposal as a final rule concurrent with procedure for rulemaking. Direct final amendment, paragraph, or section of this direct final rule. rulemaking permits agencies to adopt this rule, and that provision may be Subordinated debt is a type of noncontroversial rules on an expedited addressed separately from the obligation whose repayment, in a basis, without going through the usual remainder of the rule, the agency liquidation context, is subordinated to proposal and final stages of notice-and- commits to withdraw that amendment, the claims of general creditors but is comment rulemaking. Direct final paragraph, or section and adopt as final paid ahead of claims of equity holders. rulemaking was recommended for those provisions of the rule that are not Subordinated debt that meets certain promulgation of noncontroversial rules subject of a significant comment. In characteristics can be an attractive by the Administrative Conference of the such case, we would then notify the method of funding for regulated United States (ACUS) in its public how we expect to continue financial institutions, such as System Recommendation 95–4, adopted June further rulemaking on the provisions institutions and commercial banks, 15, 1995. that were the subject of the significant because of the lower cost of funding and The FCA’s use of innovative adverse comment. A significant adverse the ability to include some or all of the rulemaking techniques furthers its 2 comment is defined as one where the debt in regulatory capital. An commenter explains why the rule would permanent capital or that the debt is the functional be inappropriate, including challenges 1 See 72 FR 10939. equivalent of core surplus or total surplus. See 12 2 System institutions may include debt in U.S.C. 2154a(a)(1)(E); 12 CFR 615.5201 definition of to the rule’s underlying premise or regulatory capital only when the FCA determines permanent capital (7); 12 CFR 615.5301(b)(1)(iv) approach, or would be ineffective or that the debt is appropriate to be considered and (i)(6). unacceptable without a change. In
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general, a significant adverse comment Subpart B—Receivers and FARM CREDIT ADMINISTRATION would raise an issue serious enough to Receiverships warrant a substantive response from the 12 CFR Part 627 agency in a notice-and-comment I 2. Amend § 627.2745 by adding a new RIN 3052–AC16 proceeding. paragraph (i) to read as follows: The FCA believes that these Title IV Conservators, Receivers, and amendments fit the category of rules § 627.2745 Priority of claims— Voluntary Liquidations; Priority of appropriate for direct final rulemaking. associations. Claims—Joint and Several Liability * * * * * These changes merely clarify that AGENCY: Farm Credit Administration. holders of subordinated debt, which is (i) All claims that, by their terms, are ACTION: Final rule. subordinate to general creditors by subordinated in whole or in part to the definition and by the terms of the claims of general creditors, other than SUMMARY: The Farm Credit subordinated debt instruments, are distributions covered under Administration (FCA, Agency, we), entitled to payment in a liquidation § 627.2755(b). Such claims shall receive issues this final rule amending the only after general creditors are paid. For the priority specified in the written priority of claims regulations to provide these reasons, the FCA does not instruments that evidence the claims priority of claims rights to Farm Credit anticipate that there will be significant and, to the extent that the written System (System, FCS, Farm Credit) adverse comment on this rulemaking. documents provide different priorities banks if they make payments under a Nonetheless, in keeping with the for different categories of such claims, reallocation agreement to holders of recommended procedures, the FCA is consolidated and System-wide providing a 30-day period from each category shall be considered a class of claims for purposes of § 627.2755(a). obligations on behalf of a defaulting publication during which members of System bank. The final rule also the public may comment on the rule. If I 3. Amend § 627.2750 by adding a new clarifies that payments to a class of significant adverse comment is received paragraph (j) to read as follows: claims will be on a pro rata basis. during the comment period, we will DATES: § 627.2750 Priority of claims—banks. Effective Date: This regulation publish a notice of withdrawal of the will be effective 30 days after relevant provisions of this rule that will * * * * * publication in the Federal Register also indicate how further rulemaking (j) All claims that, by their terms, are during which either or both Houses of will proceed. If no significant adverse subordinated in whole or in part to the Congress are in session. We will publish comment is received, the FCA will claims of general creditors, other than a notice of the effective date in the publish a notice of the effective date Federal Register. under section 5.17(c)(1) of the Act. distributions covered under § 627.2755(b). Such claims shall receive FOR FURTHER INFORMATION CONTACT: V. Regulatory Flexibility Act the priority specified in the written Christopher D. Wilson, Policy Analyst, instruments that evidence the claims Office of Regulatory Policy, Farm Pursuant to section 605(b) of the and, to the extent that the written Credit Administration, McLean, VA Regulatory Flexibility Act (5 U.S.C. 601 22102–5090, (703) 883–4414, TTY et seq.), the FCA hereby certifies that documents provide different priorities for different categories of such claims, (703) 883–4434, or this rule will not have a significant Rebecca S. Orlich, Senior Counsel, economic impact on a substantial each category shall be considered a class of claims for purposes of § 627.2755(a). Office of General Counsel, Farm number of small entities. Each of the Credit Administration, McLean, VA banks in the System, considered I 4. Amend § 627.2752 by adding a new 22102–5090, (703) 883–4020, TTY together with its affiliated associations, paragraph (h) to read as follows: (703) 883–4020. has assets and annual income in excess SUPPLEMENTARY INFORMATION: of the amounts that would qualify them § 627.2752 Priority of claims—other Farm as small entities. Therefore, System Credit institutions. I. Objectives institutions are not ‘‘small entities’’ as * * * * * Our objectives in this final rule are to: defined in the Regulatory Flexibility (h) All claims that, by their terms, are • Provide System banks that make Act. subordinated in whole or in part to the payments under a reallocation List of Subjects in 12 CFR Part 627 claims of general creditors, other than agreement to holders of consolidated distributions covered under and System-wide obligations of a Agriculture, Banks, Banking, Claims, § 627.2755(b). Such claims shall receive defaulting bank the same priority of Rural areas. the priority specified in the written claims rights they would have for payments made under statutory joint I For the reasons stated in the preamble, instruments that evidence the claims and, to the extent that the written and several calls by the FCA; and we amend part 627 of chapter VI, title • Clarify that claims in the same class documents provide different priorities 12 of the Code of Federal Regulations to will receive payments on a pro rata read as follows: for different categories of such claims, basis if there are insufficient assets in a each category shall be considered a class receivership to pay the entire class in PART 627—TITLE IV CONSERVATORS, of claims for purposes of § 627.2755(a). RECEIVERS, AND VOLUNTARY full. Dated: September 20, 2007. LIQUIDATIONS II. Background Roland E. Smith, I 1. The authority citation for part 627 Secretary, Farm Credit Administration Board. A. Joint and Several Liability Under the Act continues to read as follows: [FR Doc. E7–18965 Filed 9–25–07; 8:45 am] Authority: Secs. 4.2, 5.9, 5.10, 5.17, 5.51, BILLING CODE 6705–01–P System associations obtain funding by 5.58, 5.61 of the Farm Credit Act (12 U.S.C. means of direct loans from their 2183, 2243, 2244, 2252, 2277a, 2277a–7, affiliated Farm Credit banks. The banks 2277a–10). in turn obtain their funding primarily by
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issuing System-wide obligations to petition by System banks to provide the issuing a direct final rule on that subject investors through the Federal Farm same subrogation rights to banks for concurrent with this final rule. Credit Banks Funding Corporation making joint and several payments on III. Description of Final Rule (Funding Corporation).1 The banks’ insured obligations under a reallocation authority to issue System-wide agreement that the banks would receive Section 627.2750—Priority of Claims— obligations is provided in section 4.2(d) if they made payments under section Banks of the Farm Credit Act of 1971, as 4.4(a)(2) of the Act. In recent years, the Section 627.2750 sets forth the amended (Act).2 Currently, all of the banks have discussed the benefits and priority of claims for banks in System’s joint funding is through feasibility of using a methodology for liquidation. Existing paragraph (h) System-wide obligations.3 paying joint and several calls based on provides for payment of claims of Investors in consolidated and System- the proportion of total System-wide debt holders of consolidated and System- wide obligations have three levels of on which each nondefaulting bank is wide obligations and of other System repayment sources. The first level is a primarily liable. The banks have banks arising from their payments made bank’s own primary liability under explored the possibility of entering into 4 under statutory joint and several calls. section 4.4(a)(2)(A) of the Act for its a reallocation agreement among In the proposed rule, we proposed to portion of any consolidated or System- themselves to pay a defaulting bank’s revise this paragraph to include all wide obligation. The second level is maturing insured obligations as the claims of other System banks arising payments made by the Farm Credit Farm Credit Insurance Fund is nearing from their payments of consolidated and System Insurance Corporation (FCSIC) exhaustion but before statutory joint and System-wide obligations under a under section 4.4(d) of the Act if a bank several calls are triggered. The banks reallocation agreement that is in writing is unable to pay its portion of liability have informed us that, while they have and approved by the Agency. We adopt on consolidated or System-wide generally agreed on the outlines of an this provision as final. obligations. The third level is joint and agreement for payment based on several calls made by FCA on individual banks’ outstanding System- Section 627.2755—Payment of Claims nondefaulting banks under section wide debt, a key to an agreement is that Existing § 627.2755 contains several 4.4(a)(2) of the Act in proportion to each payments made would be entitled to the priority of claims provisions that apply bank’s proportionate share of the same payment rights as if the banks had 5 to some or all types of System aggregate available collateral held by made the payments under a statutory institutions that may be placed in all nondefaulting banks, or in joint and several call. Such an receivership by the FCA under part 627 proportion to each bank’s remaining agreement would be subject to Agency of our regulations.9 In the proposed assets if the aggregate available approval. rule, we proposed to amend paragraph collateral does not fully satisfy the The proposed revision to the priority (a) by removing language limiting the insured obligations of the defaulting of claims rule as well as the amendment pro rata distribution requirement to bank. The Act provides subrogation to clarify the related payment of claims association receiverships. This will rights to both the banks and the FCSIC regulation on pro rata payments were clarify that, in all System institution for payments of insured obligations published in the Federal Register on receiverships, if there are insufficient made on behalf of a defaulting bank March 12, 2007.8 The proposals had a 6 funds to pay a class of claims in full, under sections 4.4(a)(2)(E) and 60-day comment period that ended on 7 payments to such class must be on a pro 5.61(c)(1), respectively. May 11, 2007. The proposals are rata basis. We adopt this provision as described in Part III below. B. Proposed Rule final. We proposed an amendment to the C. Comments on Proposed Rule IV. Regulatory Flexibility Act priority of claims rule in response to a We received three comments: One from the Farm Credit Council (FCC) on Pursuant to section 605(b) of the 1 The Funding Corporation is the fiscal agent of Regulatory Flexibility Act (5 U.S.C. 601 the System established under section 4.9 of the behalf of all System institutions, and Farm Credit Act of 1971, as amended (12 U.S.C. two others from System banks. All of et seq.), the FCA hereby certifies that the 2160). the commenters fully supported the rule will not have a significant 2 12 U.S.C. 2153(d). revision to the priority of claims rule as economic impact on a substantial 3 12 U.S.C. 2153(c). proposed and did not suggest any number of small entities. Each of the 4 12 U.S.C. 2155(a)(2)(A). banks in the System, considered 5 A bank’s ‘‘available collateral’’ is defined in changes. Furthermore, the FCC letter section 4.4(a)(2)(C) as ‘‘the amount (determined at stated that it offered no objections to our together with its affiliated associations, the close of the last calendar quarter ending before proposal to clarify that payments to a has assets and annual income in excess such call) by which a bank’s collateral * * * class of claims would be on a pro rata of the amounts that would qualify them exceeds the collateral required to support the bank’s as small entities. Therefore, System outstanding notes, bonds, debentures, and other basis if there are insufficient funds to similar obligations.’’ pay the class in full. institutions are not ‘‘small entities’’ as 6 Section 4.4(a)(2)(E) provides: ‘‘Any System bank One commenter also asked us to defined in the Regulatory Flexibility that, pursuant to a call by the [FCA], makes a consider a rulemaking to add Act. payment of principal or interest to the holder of any consolidated or System-wide obligations issued on subordinated debt to the list of claims List of Subjects in 12 CFR Part 627 behalf of another System bank shall be subrogated priority categories in part 627. At to the rights of the holder against such other bank present, the liquidation priority of Agriculture, Banks, Banking, Claims, to the extent of such payment.’’ subordinated debt is not expressly Rural areas. 7 Section 5.61(c) provides: ‘‘On the payment to an owner of an insured obligation issued on behalf of addressed in our regulations. We agree I For the reasons stated in the preamble, an insured System bank in receivership, the [FCSIC] that it is appropriate to specify the we are amending part 627 of chapter VI, shall be subrogated to all rights of the owner against liquidation priority of claims of the bank to the extent of the payment. * * * subordinated debtholders and are Subrogation * * * shall include the right on the 9 We note that part 627 of FCA’s regulations does part of the [FCSIC] to receive the same dividends not apply to the Federal Agricultural Mortgage from the proceeds of the assets of the bank as would 8 See 72 FR 10939. See the preamble of this Corporation, also known as Farmer Mac. have been payable to the owner on a claim for the proposal for more in-depth discussion of the banks’ Regulations applicable to Farmer Mac are in parts insured obligation.’’ joint and several liability under the Act. 650–655 of FCA’s regulations.
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title 12 of the Code of Federal design features include wing fuel tanks Special conditions are initially Regulations to read as follows: constructed of carbon fiber composite applicable to the model for which they materials. For these design features, the are issued. Should the type certificate PART 627—TITLE IV CONSERVATORS, applicable airworthiness regulations do for that model be amended later to RECEIVERS, AND VOLUNTARY not contain adequate or appropriate include any other model that LIQUIDATIONS safety standards. These special incorporates the same or similar novel or unusual design feature, the special I 1. The authority citation for part 627 conditions contain the additional safety conditions would also apply to the other continues to read as follows: standards that the Administrator considers necessary to establish a level model under § 21.101. Authority: Secs. 4.2, 5.9, 5.10, 5.17, 5.51, of safety equivalent to that established Novel or Unusual Design Features 5.58, 5.61 of the Farm Credit Act (12 U.S.C. by the existing standards. Additional 2183, 2243, 2244, 2252, 2277a, 2277a–7, The 787 will incorporate a number of 2277a–10). special conditions will be issued for other novel or unusual design features novel or unusual design features. Subpart B—Receivers and of the Boeing Model 787–8 airplanes. Because of rapid improvements in airplane technology, the applicable Receiverships DATES: Effective Date: October 26, 2007. airworthiness regulations do not contain FOR FURTHER INFORMATION CONTACT: I adequate or appropriate safety standards 2. Revise § 627.2750(h) to read as Mike Dostert, FAA, Propulsion/ follows: for these design features. These special Mechanical Systems, ANM–112, conditions for the 787 contain the § 627.2750 Priority of claims—banks. Transport Airplane Directorate, Aircraft additional safety standards that the * * * * * Certification Service, 1601 Lind Administrator considers necessary to (h) All claims of holders of Avenue, SW., Renton, Washington establish a level of safety equivalent to consolidated and System-wide bonds 98057–3356; telephone (425) 227–2132; that established by the existing and all claims of the other Farm Credit facsimile (425) 227–1320. airworthiness standards. banks arising from their payments on SUPPLEMENTARY INFORMATION: The 787 will use carbon fiber consolidated and System-wide bonds Background composite materials for most of the pursuant to 12 U.S.C. 2155 or pursuant wing fuel tank structure. The ability of to an agreement among the banks to On March 28, 2003, Boeing applied aluminum wing skins, as has been reallocate the payments, provided the for an FAA type certificate for its new conventionally used, to resist agreement is in writing and approved by Boeing Model 787–8 passenger airplane. penetration or rupture when impacted the Farm Credit Administration. The Boeing Model 787–8 airplane will by tire debris is understood from be an all-new, two-engine jet transport * * * * * extensive experience. The ability of airplane with a two-aisle cabin. The carbon fiber composite material to resist § 627.2755 [Amended] maximum takeoff weight will be these hazards has not been established. 476,000 pounds, with a maximum I There are no current airworthiness 3. Amend § 627.2755(a) by removing passenger count of 381 passengers. the words ‘‘described in § 627.2745’’ in standards specifically addressing this the last sentence. Type Certification Basis hazard for all the exposed wing surfaces. Dated: September 20, 2007. Under provisions of Title 14 Code of The FAA issues these special Roland E. Smith, Federal Regulations (CFR) 21.17, Boeing conditions to maintain the level of Secretary, Farm Credit Administration Board. must show that Boeing Model 787–8 safety envisioned in the existing [FR Doc. E7–18968 Filed 9–25–07; 8:45 am] airplanes (hereafter referred to as ‘‘the airworthiness standards by establishing 787’’) meet the applicable provisions of BILLING CODE 6705–01–P a standard for resistance to potential tire 14 CFR part 25, as amended by debris impacts to the 787 contiguous Amendments 25–1 through 25–117, wing surfaces. except §§ 25.809(a) and 25.812, which DEPARTMENT OF TRANSPORTATION will remain at Amendment 25–115. If Discussion Federal Aviation Administration the Administrator finds that the Historically, accidents have resulted applicable airworthiness regulations do from uncontrolled fires caused by fuel 14 CFR Part 25 not contain adequate or appropriate leaks following penetration or rupture of safety standards for the 787 because of the lower wing by fragments of tires or [Docket No. NM367 Special Conditions No. a novel or unusual design feature, from uncontained engine failure. 25–363–SC] special conditions are prescribed under In one incident, in Honolulu, Hawaii, Special Conditions: Boeing Model 787– provisions of 14 CFR 21.16. a tire on a Boeing Model 747 burst and 8 Airplane; Tire Debris Penetration of In addition to the applicable tire debris penetrated a fuel tank access Fuel Tank Structure airworthiness regulations and special cover, causing a substantial fuel leak. conditions, the 787 must comply with Takeoff was aborted and passengers AGENCY: Federal Aviation the fuel vent and exhaust emission were evacuated down the emergency Administration (FAA), DOT. requirements of 14 CFR part 34 and the chutes into pools of fuel which ACTION: Final special conditions. noise certification requirements of 14 fortunately had not ignited. This CFR part 36. The FAA must also issue accident highlighted deficiencies in the SUMMARY: These special conditions are a finding of regulatory adequacy then-existing title 14 CFR part 25 issued for the Boeing Model 787–8 pursuant to section 611 of Public Law regulations pertaining to fuel retention airplane. This airplane will have novel 92–574, the ‘‘Noise Control Act of following impact to fuel tanks by tire or unusual design features when 1972.’’ fragments. compared to the state of technology The FAA issues special conditions, as After a subsequent Boeing Model 737 envisioned in the airworthiness defined in 14 CFR 11.19, under § 11.38, accident in Manchester, England, in standards for transport category and they become part of the type which a fuel tank access panel was airplanes. These novel or unusual certification basis under § 21.17(a)(2). penetrated by engine debris, the FAA
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amended § 25.963 to require that fuel may cause a fuel leak within the defined The Special Conditions tank access panels be resistant to both area, so paragraph (c) of these special Accordingly, pursuant to the tire and engine debris. An amendment conditions also takes into consideration authority delegated to me by the to 14 CFR part 121 required operators to possible leakage paths. Fuel tank Administrator, the following special modify their existing fleets of airplanes surfaces of typical transport airplanes conditions are issued as part of the type with impact resistant fuel access panels. have thick aluminum construction in The amendment only addressed fuel the tire debris impact areas that is certification basis for the Boeing Model tank access panels since service tolerant to tire debris larger than that 787–8 airplane. experience at the time indicated that the defined in paragraph (b) of these special Debris Impacts to Fuel Tanks lower wing skin of a conventional, conditions. Consideration of leaks subsonic airplane provided adequate, caused by larger tire fragments is (a) Impacts by tire debris to any fuel inherent capability to resist tire and needed to ensure that an adequate level tank or fuel system component located engine debris threats. Section 25.963(e) of safety is provided. within 30 degrees to either side of wheel requires showing by analysis or tests rotational planes may not result in Note: While § 25.963 includes penetration or otherwise induce fuel that fuel tank access covers, consideration of uncontained engine debris, ‘‘* * *minimize penetration and the effects of engine debris are not included tank deformation, rupture (for example, deformation by tire fragments, low in these special conditions because this through propagation of pressure waves), energy engine debris, or other likely hazard will be addressed on the 787 under or cracking sufficient to allow a debris.’’ Advisory Circular (AC) 25.963– the existing requirements of § 25.903(d). hazardous fuel leak. A hazardous fuel 1 defines the region of the wing that is Section 25.903(d) requires minimizing the leak results if debris impact to a fuel hazards from uncontained engine debris. vulnerable to impact damage from these tank surface causes— 1. A running leak, sources and provides a method to Discussion of Comments substantiate that the rule has been met 2. A dripping leak, or for tire fragments. No specific Notice of Proposed Special 3. A leak that, 15 minutes after wiping requirements were established for the Conditions No. 25–07–04–SC for the dry, results in a wetted airplane surface contiguous wing areas into which the 787 was published in the Federal exceeding 6 inches in length or access covers are installed because of Register on June 11, 2007 (72 FR 32023). diameter. the inherent ability of conventional One comment was received from The leak must be evaluated under aluminum wing skins to resist Airbus. Airbus referred to the maximum fuel head pressure. discussion of the Concorde airplane, in penetration by tire debris. AC 25.963–1 (b) Compliance with paragraph (a) which we said, ‘‘The skin on the unique specifically notes, ‘‘The access covers, must be shown by analysis or tests delta wing design of this supersonic however, need not be more impact assuming all of the following. airplane is made of titanium, with a resistant than the contiguous tank 1. The tire debris fragment size is 1 thickness much less than that of the structure,’’ highlighting the assumption percent of the tire mass. that wing basic structures meet some skin on a conventional subsonic 2. The tire debris fragment is higher standard. airplane.’’ Airbus informed us that the However, in another event in 2000, on wing skin of the Concorde is made of propelled at a tangential speed that the Concorde airplane, an unanticipated aluminum rather than titanium. We could be attained by a tire tread at the failure mode occurred when tire debris thank the commenter for that airplane flight manual airplane impacted the fuel tank. The initial information. The difference in material rotational speed (VR at maximum gross impact of the tire debris did not on the Concorde does not affect these weight). penetrate the fuel tank, but a pressure special conditions, however, and the 3. The tire debris fragment load is wave caused by the tire impact caused commenter did not request a change. distributed over an area on the fuel tank the fuel tank to rupture. Regulatory These special conditions are adopted as surface equal to 11⁄2 percent of the total authorities subsequently required proposed. tire tread area. modifications to Concorde airplanes to (c) Fuel leaks caused by impact from Applicability add a means to retain fuel if the primary tire debris larger than that specified in fuel retention means was damaged. As discussed above, these special paragraph (b), from any portion of a fuel In order to maintain the level of safety conditions are applicable to the 787. tank located within the tire debris envisioned by § 25.963(e), these special Should Boeing apply at a later date for impact area, may not result in conditions establish a standard for a change to the type certificate to hazardous quantities of fuel entering resistance to potential tire debris include another model on the same type any of the following areas of the impacts to the contiguous wing surfaces certificate incorporating the same novel airplane. and require consideration of possible or unusual design features, these special 1. Engine inlet, secondary effects of a tire impact, such conditions would apply to that model as 2. APU inlet, or as the induced pressure wave that was well. 3. Cabin air inlet. a factor in the Concorde accident. It Conclusion This must be shown by test or takes into account that new construction This action affects only certain novel analysis, or a combination of both, for methods and materials may not each approved engine forward thrust necessarily provide the resistance to or unusual design features of the 787. It is not a rule of general applicability. condition and each approved reverse debris impact that has historically been thrust condition. shown as adequate. These special List of Subjects in 14 CFR Part 25 conditions are based on the defined tire Issued in Renton, Washington, on impact areas and tire fragment Aircraft, Aviation safety, Reporting September 14, 2007. characteristics described in AC and recordkeeping requirements. Ali Bahrami, 25.963–1. The authority citation for these Manager, Transport Airplane Directorate, In addition, despite practical design special conditions is as follows: Aircraft Certification Service. considerations, some uncommon debris Authority: 49 U.S.C. 106(g), 40113, 44701, [FR Doc. E7–18931 Filed 9–25–07; 8:45 am] larger than that defined in paragraph (b) 44702, 44704. BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION Amendments 25–1 through 25–117, fabricated from traditionally used except §§ 25.809(a) and 25.812, which metallic materials. Federal Aviation Administration will remain at Amendment 25–115. If The FAA and industry have been the Administrator finds that the working together for many years to 14 CFR Part 25 applicable airworthiness regulations do understand how to improve transport [Docket No. NM368 Special Conditions No. not contain adequate or appropriate airplane occupant safety for what are 25–362–SC] safety standards for the 787 because of considered survivable accidents. This a novel or unusual design feature, work has involved examining airplane Special Conditions: Boeing Model 787– special conditions are prescribed under accidents, conducting tests to simulate 8 Airplane; Crashworthiness provisions of 14 CFR 21.16. crash conditions, and performing In addition to the applicable analytical modeling of a range of crash AGENCY: Federal Aviation conditions, all with the purpose of Administration (FAA), DOT. airworthiness regulations and special conditions, the 787 must comply with providing further insight into factors ACTION: Final special conditions. the fuel vent and exhaust emission that can influence occupant safety. Results of this continuing effort have SUMMARY: The FAA issues these special requirements of 14 CFR part 34 and the enabled specific changes to regulatory conditions for the Boeing Model 787–8 noise certification requirements of 14 standards and design practices to airplane. This airplane will have novel CFR part 36. The FAA must also issue improve occupant safety. This evolution or unusual design features when a finding of regulatory adequacy under is reflected in changes to the part 25 compared to the state of technology section 611 of Public Law 92–574, the Emergency Landing Conditions envisioned in the airworthiness ‘‘Noise Control Act of 1972.’’ regulations. For example, airplane standards for transport category The FAA issues special conditions, as emergency load factors in § 25.561, airplanes. These novel or unusual defined in 14 CFR 11.19, under § 11.38, General, have been increased. We have design features are associated with and they become part of the type added passenger seat dynamic load carbon fiber reinforced plastic used in certification basis under § 21.17(a)(2). conditions in § 25.562, Emergency Special conditions are initially the construction of the fuselage. For Landing Dynamic Conditions. these design features, the applicable applicable to the model for which they The seat dynamic conditions were airworthiness regulations do not contain are issued. Should the type certificate added to the regulations based on FAA adequate or appropriate safety standards for that model be amended later to and industry tests and a review of for impact response characteristics to include any other model that accidents. These seat dynamic ensure survivable crashworthiness. incorporates the same or similar novel conditions reflect the environment for These special conditions contain the or unusual design feature, the special passengers and the airframe during a additional safety standards that the conditions would also apply to the other crash event. They are based on data Administrator considers necessary to model under § 21.101. gathered from accidents of previously establish a level of safety equivalent to Novel or Unusual Design Features certificated airplanes given conditions that established by the existing that were survivable. Tests of previously standards. We will issue additional The 787 airplane will incorporate certificated airplanes showed that special conditions for other novel or several novel or unusual design performance of the airframe was unusual design features of the Boeing features. Because of rapid improvements acceptable in a survivable crash event. Model 787–8 airplanes. in airplane technology, the applicable We continually update our requirements DATES: Effective Date: October 26, 2007. airworthiness regulations do not contain as such new information becomes FOR FURTHER INFORMATION CONTACT: Ian adequate or appropriate safety standards available. In the context of this Won, FAA, Airframe/Cabin Safety, for these design features. These special evolution of the regulations, there is at ANM–115, Transport Airplane conditions for the 787 contain the present no specific dynamic regulatory Directorate, Aircraft Certification additional safety standards that the requirement for airplane-level Service, 1601 Lind Avenue, SW., Administrator considers necessary to crashworthiness. However, the FAA Renton, Washington 98057–3356; establish a level of safety equivalent to reviews the design of each new airplane telephone (425) 227–2145; facsimile that established by the existing model to determine if it incorporates (425) 227–1320. airworthiness standards. novel or unusual design features that SUPPLEMENTARY INFORMATION: The 787 fuselage will be fabricated may have a significant influence on the with carbon fiber reinforced plastic crash dynamics of the airframe. The Background (CFRP) semi-monocoque construction, Administrator prescribes special On March 28, 2003, Boeing applied consisting of skins with co-cured conditions for the airplane model if the for an FAA type certificate for its new longitudinal stringers and mechanically applicable airworthiness regulations do Boeing Model 787–8 passenger airplane. fastened circumferential frames. This is not contain adequate or appropriate The Boeing Model 787–8 airplane will a novel and unusual design feature for safety standards because of the novel or be an all-new, two-engine jet transport a large transport category airplane unusual design feature. airplane with a two-aisle cabin. The certificated under 14 CFR part 25. Because of the novel design features maximum takeoff weight will be Structure fabricated from CFRP may of the 787, Boeing must conduct an 476,000 pounds, with a maximum behave differently than metallic assessment to ensure that the 787 will passenger count of 381 passengers. structure because of differences in not have dynamic characteristics that material ductility, stiffness, failure differ significantly from those found in Type Certification Basis modes, and energy absorption previously certificated designs. The Under provisions of Title 14 Code of characteristics. Therefore, Boeing must nature of this design assessment is Federal Regulations (CFR) 21.17, Boeing evaluate impact response characteristics largely dependent on the similarities must show that Boeing Model 787–8 of the 787 to ensure that its survivable and differences between the new type airplanes (hereafter referred to as ‘‘the crashworthiness characteristics provide design and previously certificated 787’’) meet the applicable provisions of approximately the same level of safety airplanes. Such an assessment ensures 14 CFR part 25, as amended by as those of a similarly sized airplane that the level of safety of the new type
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design is commensurate with that will result in a need to meet load factors characteristics in the longitudinal implicitly assumed in the existing higher than those defined in 14 CFR direction are not significantly altered regulations, and achieved by airplane 25.561. The higher load factors will be with the change from metallic to designs previously certificated. If necessary in order to maintain the same composite fuselage structure. Given the significant trends in industry warrant level of safety for the occupants, in similarity of the 787 to the current fleet change to the existing regulations, the terms of retention of items of mass. In with respect to these conditions, the FAA may use its rulemaking process in the case of acceleration and loads FAA has determined that these special collaboration with industry to develop experienced by the occupants, means conditions will be limited to an an appropriate dynamic regulatory would have to be incorporated to reduce assessment of the 787 for the vertical requirement for airplane level load levels experienced by those impact direction. crashworthiness. occupants to the injury criteria levels of With respect to the commenter’s The FAA and industry have collected § 25.562, or load levels of a previously suggestions on the specific method of a significant amount of experimental certificated comparable airplane, in compliance, the FAA does not mandate data as well as data from crashes of order to maintain the same level of a specific method of compliance for the transport category airplanes that shows safety for the occupants. requirements specified. The applicant is a high occupant survival rate at vertical responsible for demonstrating descent velocities up to 30 ft/sec. Most Discussion of Comments compliance with these special of this data was collected on narrow- Notice of Proposed Special conditions. body (single aisle) transport category Conditions No. 25–07–05–SC for the Second Commenter: This commenter, airplanes. Based on this information, the 787 was published in the Federal also a member of the public, suggested FAA finds it appropriate and necessary Register on June 11, 2007 (72 FR 32021). that the FAA conduct the crash impact for an assessment of the 787 to span a Several comments were received from testing necessary to show that the 787 range of airplane vertical descent speeds two commenters. meets these special conditions. He up to 30 ft/sec. First Commenter: The commenter, a suggested that requirements for The FAA is imposing these special member of the public, provided demonstrating compliance with the conditions to maintain the level of suggestions and comments related to the crashworthiness special conditions safety envisioned in the existing subject of crash simulation structural should consist of a drop test of a airworthiness standards under analysis as it pertains to the applicant’s fuselage section of the 787 from a height foreseeable survivable impact events. demonstration of compliance to these of 14 feet onto concrete with an impact special conditions. This commenter velocity of approximately 30 feet per Discussion of Final Special Conditions agreed with the intent of the special second. The commenter suggested that To provide the same level of safety as conditions. However, he suggested that the criteria of these special conditions exists with conventional airplane they be expanded or new special should be that the 787 demonstrate the construction, Boeing must show that the conditions developed to require a full same level of vertical impact shock- 787 has sufficient crashworthiness fuselage fuel fed fire test to address absorption capability as demonstrated capabilities under foreseeable possible fire, smoke, and toxicity (FST) by an FAA-sponsored drop test of a survivable impact events. To show this, hazards that may be associated with use Boeing 737 fuselage section conducted Boeing will have to evaluate the impact of carbon fiber epoxy structure on the in 2000. This commenter also suggested response characteristics of the 787 to 787. that the special conditions be expanded ensure that its crashworthiness The commenter recommended that to address post-crash fire survivability characteristics are not significantly the special conditions include a of the 787 in the post-impact damaged different from those of a similarly sized requirement for a full scale drop test state. He provided suggestions and airplane built from traditionally used with a forward velocity vector to comments related to means of metals. If the evaluation shows that the simulate a condition representative of a compliance to these special conditions, 787 impact response characteristics are wheels-up landing, with the resultant and also some comments on issues significantly different, Boeing will have vector sum of the vertical and outside the scope of these special to make design changes to bring the longitudinal velocity components being conditions. different impact response characteristics included to assess the loads on the FAA Response: The Administrator in line with those of a similarly sized passengers and crew. prescribes special conditions necessary metal construction airplane, or FAA Response: We agree that fuselage to establish a level of safety equivalent incorporate mitigating design features. post-crash fire survivability of the 787, to that established by the existing Factors in crash survivability are including FST hazards that may be airworthiness standards. The retention of items of mass, maintenance associated with use of carbon fiber requirements of these special conditions of occupant emergency egress paths, epoxy structure, is an important issue. were prescribed to ensure that the 787 maintenance of acceptable acceleration This issue is outside the scope of these provides an equivalent level of occupant and loads experienced by the occupants, special conditions, however. It is being safety and survivability under and maintenance of a survivable addressed in conjunction with the foreseeable survivable impact events to volume. The FAA has reviewed requirements for § 25.856(b) relating to that provided by previously certificated available data from accidents, tests fuselage fire penetration protection. wide-body transports of similar size. simulating crash conditions, and The FAA considered longitudinal These special conditions do not analytical modeling of a range of crash loading conditions as well as combined mandate a specific method of conditions. From this information we longitudinal and vertical loading compliance for the requirements have concluded that airplane conditions of the 787 airframe under specified. The applicant is responsible performance should be evaluated over a survivable crash conditions and for demonstrating compliance with range of airplane level vertical impact emergency landing conditions with these special conditions. The FAA’s role speeds up to 30 ft/sec. various landing gear configurations is to verify that the special conditions If the 787 impact characteristics differ (wheels up configurations). The factors have been complied with, rather than to significantly from those of a previously (principally deformation, mass, and develop a method for compliance. certificated wide body transport, this friction) that govern impact response While there are merits in conducting a
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full-scale test, there are other other items of mass due to the impact Issued in Renton, Washington, on approaches using tests and analysis that loads and resultant structural September 14, 2007. can actually yield more data than would deformation of the supporting airframe Ali Bahrami, a single test. Thus, we consider it more and floor structures. The applicant must Manager, Transport Airplane Directorate, effective to establish the standards and show that loads due to the impact event Aircraft Certification Service. encourage the applicant to develop the and resultant structural deformation of [FR Doc. E7–18942 Filed 9–25–07; 8:45 am] most effective method of compliance. the supporting airframe and floor BILLING CODE 4910–13–P The FAA agrees that fuselage post- structure at the interface of the airplane crash fire survivability of the 787, structure to seats, overhead bins, and DEPARTMENT OF TRANSPORTATION including FST hazards that may be other items of mass are comparable to associated with use of carbon fiber those of previously certificated wide- epoxy structure, is an important issue. Federal Aviation Administration body transports of similar size for the This issue is outside the scope of these special conditions, however. It is being range of descent velocities stated above. 14 CFR Part 39 addressed in conjunction with the The attachments of these items need not be designed for static emergency [Docket No. FAA–2007–28349; Directorate requirements for § 25.856(b) relating to Identifier 2007–NM–025–AD; Amendment fuselage fire penetration protection. landing loads in excess of those defined 39–15211; AD 2007–20–01] These special conditions are adopted in § 25.561 if impact response RIN 2120–AA64 as proposed. characteristics of the Boeing Model 787– 8 yield load factors at the attach points Applicability Airworthiness Directives; Boeing that are comparable to those for a Model 747–100B SUD, 747–200B, 747– As discussed above, these special previously certificated wide-body 200C, 747–200F, 747–300, 747–400, conditions are applicable to the 787. transport category airplane. 747–400D, 747–400F, and 747SP Series Should Boeing apply at a later date for 2. Maintenance of acceptable Airplanes a change to the type certificate to acceleration and loads experienced by include another model on the same type AGENCY: Federal Aviation the occupants. The applicant must show certificate incorporating the same novel Administration (FAA), Department of that the impact response characteristics or unusual design features, these special Transportation (DOT). of the Boeing Model 787–8, specifically conditions would apply to that model as ACTION: Final rule. well. the vertical acceleration levels experienced at the seat/floor interface SUMMARY: The FAA is adopting a new Conclusion and loads experienced by the occupants airworthiness directive (AD) for certain This action affects only certain novel during the impact events, are consistent Boeing Model 747–100B SUD, 747– or unusual design features of the 787. It with those found in § 25.562(b) or with 200B, 747–200C, 747–200F, 747–300, is not a rule of general applicability. levels expected for a previously 747–400, 747–400D, 747–400F, and List of Subjects in 14 CFR Part 25 certificated wide-body transport 747SP series airplanes. This AD requires category airplane for the conditions reconfiguring the clamps of certain wire Aircraft, Aviation safety, Reporting stated above. bundles and applying insulating sealant and recordkeeping requirements. 3. Maintenance of a survivable to certain fasteners inside the fuel tanks. The authority citation for these This AD results from fuel system special conditions is as follows: volume. For the conditions stated above, the applicant must show that all areas reviews conducted by the manufacturer. Authority: 49 U.S.C. 106(g), 40113, 44701, of the airplane occupied for takeoff and We are issuing this AD to prevent arcing 44702, 44704. inside the fuel tanks in the event of a landing provide a survivable volume lightning strike or high-powered short The Special Conditions comparable to that of previously circuit, which could result in a fuel tank Accordingly, pursuant to the certificated wide-body transports of explosion or fire. authority delegated to me by the similar size during and after the impact DATES: This AD becomes effective Administrator, the following special event. This means that structural October 31, 2007. conditions are issued as part of the type deformation will not result in The Director of the Federal Register certification basis for the Boeing Model infringement of the occupants’ normal approved the incorporation by reference 787–8 airplane. living space so that passenger The Boeing Model 787–8 must of certain publications listed in the AD survivability will not be significantly as of October 31, 2007. provide an equivalent level of occupant affected. safety and survivability to that provided ADDRESSES: You may examine the AD by previously certificated wide-body 4. Maintenance of occupant docket on the Internet at http:// transports of similar size under emergency egress paths. The evacuation dms.dot.gov or in person at the U.S. foreseeable survivable impact events for of occupants must be comparable to that Department of Transportation, Docket the following four criteria. In order to from a previously certificated wide- Operations, M–30, West Building demonstrate an equivalent level of body transport of similar size. To show Ground Floor, Room W12–140, 1200 occupant safety and survivability, the this, the applicant must show that the New Jersey Avenue, SE., Washington, applicant must demonstrate that the suitability of the egress paths, as DC. Model 787–8 meets the following determined following the vertical Contact Boeing Commercial criteria for a range of airplane vertical impact events, is comparable to the Airplanes, P.O. Box 3707, Seattle, descent velocities up to 30 ft/sec. suitability of the egress paths of a Washington 98124–2207, for service 1. Retention of items of mass. The comparable, certificated wide-body information identified in this AD. occupants, i.e., passengers, flight transport, as determined following the FOR FURTHER INFORMATION CONTACT: attendants, and flightcrew, must be same vertical impact events. Sulmo Mariano, Aerospace Engineer, protected during the impact event from Propulsion Branch, ANM–140S, FAA, release of seats, overhead bins, and Seattle Aircraft Certification Office,
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1601 Lind Avenue, SW., Renton, received, and determined that air safety this AD and placed it in the AD docket. Washington 98057–3356; telephone and the public interest require adopting See the ADDRESSES section for a location (425) 917–6501; fax (425) 917–6590. the AD as proposed. to examine the regulatory evaluation. SUPPLEMENTARY INFORMATION: Costs of Compliance List of Subjects in 14 CFR Part 39 Examining the Docket There are about 707 airplanes of the Air transportation, Aircraft, Aviation You may examine the AD docket on affected design in the worldwide fleet. safety, Incorporation by reference, the Internet at http://dms.dot.gov or in This AD affects about 107 airplanes of Safety. U.S. registry. Depending on airplane person at the Docket Operations office Adoption of the Amendment between 9 a.m. and 5 p.m., Monday configuration, the required actions take through Friday, except Federal holidays. between 106 and 448 work hours per I Accordingly, under the authority The Docket Operations office (telephone airplane, at an average labor rate of $80 delegated to me by the Administrator, (800) 647–5527) is located on the per work hour. Required parts cost the FAA amends 14 CFR part 39 as ground floor of the West Building at the between $430 and $2,074 per airplane. follows: DOT street address stated in the Based on these figures, the estimated ADDRESSES section. cost of the AD for U.S. operators is PART 39—AIRWORTHINESS between $8,910 and $37,914 per DIRECTIVES Discussion airplane, or up to $4,056,798 for all I 1. The authority citation for part 39 The FAA issued a notice of proposed airplanes. continues to read as follows: rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. apply to certain Boeing Model 747– Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue 100B SUD, 747–200B, 747–200C, 747– I 200F, 747–300, 747–400, 747–400D, rules on aviation safety. Subtitle I, 2. The Federal Aviation 747–400F, and 747SP series airplanes. Section 106, describes the authority of Administration (FAA) amends § 39.13 That NPRM was published in the the FAA Administrator. Subtitle VII, by adding the following new Federal Register on June 5, 2007 (72 FR Aviation Programs, describes in more airworthiness directive (AD): 30999). That NPRM proposed to require detail the scope of the Agency’s 2007–20–01 Boeing: Amendment 39–15211. reconfiguring the clamps of certain wire authority. Docket No. FAA–2007–28349; bundles and applying insulating sealant We are issuing this rulemaking under Directorate Identifier 2007–NM–025–AD. to certain fasteners inside the fuel tanks. the authority described in Subtitle VII, Effective Date Part A, Subpart III, Section 44701, Comments (a) This AD becomes effective October 31, ‘‘General requirements.’’ Under that 2007. We provided the public the section, Congress charges the FAA with opportunity to participate in the promoting safe flight of civil aircraft in Affected ADs development of this AD. We have air commerce by prescribing regulations (b) None. considered the single comment for practices, methods, and procedures Applicability received. the Administrator finds necessary for (c) This AD applies to Boeing Model 747– safety in air commerce. This regulation Request To Add Information About 100B SUD, 747–200B, 747–200C, 747–200F, is within the scope of that authority New Clamp Design 747–300, 747–400, 747–400D, 747–400F, and because it addresses an unsafe condition 747SP series airplanes, certificated in any Boeing requests that we add that is likely to exist or develop on category; as identified in Boeing Special information about the design of the products identified in this rulemaking Attention Service Bulletin 747–57–2327, replacement clamps. Boeing asserts that action. Revision 1, dated July 10, 2006; and Boeing the second paragraph of the Relevant Special Attention Service Bulletin 747–57– Service Information section of the Regulatory Findings 2326, dated January 4, 2007. NPRM does not describe how the new We have determined that this AD will Unsafe Condition clamps protect the wire bundle. Boeing not have federalism implications under (d) This AD results from fuel system explains that the new clamps are of a Executive Order 13132. This AD will reviews conducted by the manufacturer. We different design and have additional not have a substantial direct effect on are issuing this AD to prevent arcing inside protection on their edges. Boeing the States, on the relationship between the fuel tanks in the event of a lightning therefore requests that we revise the the national government and the States, strike or high-powered short circuit, which described paragraph to read ‘‘*** or on the distribution of power and could result in a fuel tank explosion or fire. installing new, larger clamps, which responsibilities among the various Compliance contain additional protection against levels of government. (e) You are responsible for having the metal to bundle contact, * * *.’’ For the reasons discussed above, I actions required by this AD performed within We partially agree with this request. certify that this AD: the compliance times specified, unless the We agree that this information clarifies (1) Is not a ‘‘significant regulatory actions have already been done. the nature of the modification action’’ under Executive Order 12866; developed to address the unsafe (2) Is not a ‘‘significant rule’’ under Change and Seal condition; however, the Relevant DOT Regulatory Policies and Procedures (f) Within 60 months after the effective Service Information section of the (44 FR 11034, February 26, 1979); and date of this AD, do the actions required by NPRM is not retained in the final rule. (3) Will not have a significant paragraphs (f)(1) and (f)(2) of this AD. economic impact, positive or negative, (1) Reconfigure the wire bundle clamps Therefore, we find that no change to the and seal the ends of certain fasteners inside AD is necessary in this regard. on a substantial number of small entities the auxiliary fuel tank, main fuel tanks, and under the criteria of the Regulatory Conclusion surge fuel tanks, in accordance with the Flexibility Act. Accomplishment Instructions of Boeing We have carefully reviewed the We prepared a regulatory evaluation Special Attention Service Bulletin 747–57– available data, including the comment of the estimated costs to comply with 2327, Revision 1, dated July 10, 2006.
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(2) Seal the ends of certain fasteners inside DEPARTMENT OF TRANSPORTATION Columbia V8L 5V5, Canada, for service the main fuel tanks, in accordance with the information identified in this AD. Accomplishment Instructions of Boeing Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Ezra Special Attention Service Bulletin 747–57– Sasson, Aerospace Engineer, Systems 2326, dated January 4, 2007. 14 CFR Part 39 and Flight Test Branch, ANE–172, FAA, Alternative Methods of Compliance [Docket No. FAA–2007–28619; Directorate New York Aircraft Certification Office, (AMOCs) Identifier 2007–NM–004–AD; Amendment 1600 Stewart Avenue, Suite 410, 39–15212; AD 2007–20–02] (g)(1) The Manager, Seattle Aircraft Westbury, New York 11590; telephone Certification Office (ACO), FAA, has the RIN 2120–AA64 (516) 228–7320; fax (516) 794–5531. authority to approve AMOCs for this AD, if SUPPLEMENTARY INFORMATION: Airworthiness Directives; Viking Air requested in accordance with the procedures Examining the Docket found in 14 CFR 39.19. Limited Model DHC–7 Airplanes (2) To request a different method of You may examine the AD docket on AGENCY: Federal Aviation compliance or a different compliance time the Internet at http://dms.dot.gov or in Administration (FAA), Department of for this AD, follow the procedures in 14 CFR person at the Docket Operations office Transportation (DOT). 39.19. Before using any approved AMOC on between 9 a.m. and 5 p.m., Monday any airplane to which the AMOC applies, ACTION: Final rule. through Friday, except Federal holidays. notify your appropriate principal inspector The Docket Operations office (telephone SUMMARY: The FAA is adopting a new (PI) in the FAA Flight Standards District airworthiness directive (AD) for all (800) 647–5527) is located on the Office (FSDO), or lacking a PI, your local Viking Air Limited Model DHC–7 ground floor of the West Building at the FSDO. airplanes. This AD requires an DOT street address stated in the ADDRESSES Material Incorporated by Reference inspection of certain SM–200 servo section. (h) You must use Boeing Special Attention drive units (power servo motor and Discussion housing assemblies) for certain Service Bulletin 747–57–2327, Revision 1, The FAA issued a notice of proposed markings, related investigative action if dated July 10, 2006; and Boeing Special rulemaking (NPRM) to amend 14 CFR necessary, and modification if Attention Service Bulletin 747–57–2326, part 39 to include an AD that would necessary. This AD results from a report dated January 4, 2007; as applicable, to apply to all Viking Air Limited Model that some SM–200 servo drive units that perform the actions that are required by this DHC–7 airplanes. That NPRM was were not in configuration MOD H are AD, unless the AD specifies otherwise. The published in the Federal Register on installed on Model DHC–7 airplanes. Director of the Federal Register approved the July 6, 2007 (72 FR 36925). That NPRM MOD H prevents the internal clutch incorporation by reference of these proposed to require an inspection of fasteners from backing out. We are documents in accordance with 5 U.S.C. certain SM–200 servo drive units issuing this AD to prevent the 552(a) and 1 CFR part 51. Contact Boeing (power servo motor and housing possibility of internal clutch fasteners Commercial Airplanes, P.O. Box 3707, assemblies) for certain markings, related Seattle, Washington 98124–2207, for a copy from backing out, which could cause an investigative action if necessary, and of this service information. You may review inadvertent servo engagement and modification if necessary. copies at the FAA, Transport Airplane consequent reduced controllability of Directorate, 1601 Lind Avenue SW., Renton, the airplane. Comments Washington; or at the National Archives and DATES: This AD becomes effective We provided the public the Records Administration (NARA). For October 31, 2007. opportunity to participate in the information on the availability of this The Director of the Federal Register development of this AD. We received no material at NARA, call 202–741–6030, or go approved the incorporation by reference comments on the NPRM or on the to: http://www.archives.gov/federal-register/ of a certain publication listed in the AD determination of the cost to the public. cfr/ibr-locations.html. as of October 31, 2007. Issued in Renton, Washington, on ADDRESSES: You may examine the AD Conclusion September 17, 2007. docket on the Internet at http:// We have carefully reviewed the John Piccola, dms.dot.gov or in person at the U.S. available data and determined that air Acting Manager, Transport Airplane Department of Transportation, Docket safety and the public interest require Directorate, Aircraft Certification Service. Operations, M–30, West Building adopting the AD as proposed. [FR Doc. E7–18747 Filed 9–25–07; 8:45 am] Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, Costs of Compliance BILLING CODE 4910–13–P DC. The following table provides the Contact Viking Air Limited, 9574 estimated costs for U.S. operators to Hampden Road, Sidney, British 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
Inspection ...... 1 $80 $80 21 $1,680
Authority for This Rulemaking rules on aviation safety. Subtitle I, Aviation Programs, describes in more Section 106, describes the authority of detail the scope of the Agency’s Title 49 of the United States Code the FAA Administrator. Subtitle VII, authority. specifies the FAA’s authority to issue
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We are issuing this rulemaking under 15212. Docket No. FAA–2007–28619; Material Incorporated by Reference the authority described in Subtitle VII, Directorate Identifier 2007–NM–004–AD. (i) You must use Viking Alert Service Part A, Subpart III, Section 44701, Effective Date Bulletin 7–22–20, dated May 29, 2006, to perform the actions that are required by this ‘‘General requirements.’’ Under that (a) This AD becomes effective October 31, AD, unless the AD specifies otherwise. The section, Congress charges the FAA with 2007. promoting safe flight of civil aircraft in Director of the Federal Register approved the air commerce by prescribing regulations Affected ADs incorporation by reference of this document (b) None. in accordance with 5 U.S.C. 552(a) and 1 CFR for practices, methods, and procedures part 51. Contact Viking Air Limited, 9574 the Administrator finds necessary for Applicability Hampden Road, Sidney, British Columbia safety in air commerce. This regulation (c) This AD applies to all Viking Air V8L 5V5, Canada, for a copy of this service is within the scope of that authority Limited Model DHC–7–1, DHC–7–100, DHC– information. You may review copies at the because it addresses an unsafe condition 7–101, DHC–7–102, and DHC–7–103 FAA, Transport Airplane Directorate, 1601 that is likely to exist or develop on airplanes, certificated in any category. Lind Avenue, SW., Renton, Washington; or at products identified in this rulemaking the National Archives and Records Unsafe Condition action. Administration (NARA). For information on (d) This AD results from a report that some the availability of this material at NARA, call Regulatory Findings SM–200 servo drive units (power servo motor 202–741–6030, or go to: http:// We have determined that this AD will and housing assemblies) that were not in www.archives.gov/federal-register/cfr/ibr- configuration MOD H are installed on Model locations.html. not have federalism implications under DHC–7 airplanes. MOD H prevents the Issued in Renton, Washington, on Executive Order 13132. This AD will possibility of internal clutch fasteners from September 19, 2007. not have a substantial direct effect on backing out. We are issuing this AD to the States, on the relationship between prevent the internal clutch fasteners from John Piccola, the national government and the States, backing out, which could cause an Acting Manager, Transport Airplane or on the distribution of power and inadvertent servo engagement and Directorate, Aircraft Certification Service. responsibilities among the various consequent reduced controllability of the [FR Doc. E7–18863 Filed 9–25–07; 8:45 am] airplane. levels of government. BILLING CODE 4910–13–P For the reasons discussed above, I Compliance certify that this AD: (e) You are responsible for having the (1) Is not a ‘‘significant regulatory actions required by this AD performed within DEPARTMENT OF TRANSPORTATION action’’ under Executive Order 12866; the compliance times specified, unless the (2) Is not a ‘‘significant rule’’ under actions have already been done. Federal Aviation Administration DOT Regulatory Policies and Procedures Inspection and Modification (44 FR 11034, February 26, 1979); and 14 CFR Part 39 (f) Within 12 months after the effective (3) Will not have a significant [Docket No. FAA–2007–28599; Directorate economic impact, positive or negative, date of this AD: Inspect the SM–200 power servo motor and housing assembly, part Identifier 2007–NM–008–AD; Amendment on a substantial number of small entities numbers 4006719–904, –913 and –933, to 39–15213; AD 2007–20–03] under the criteria of the Regulatory determine if MOD H is marked, and before RIN 2120–AA64 Flexibility Act. further flight, do all applicable related We prepared a regulatory evaluation investigative action and modifications of the Airworthiness Directives; Airbus Model of the estimated costs to comply with power servo motor and housing assembly, in A300–600 Series Airplanes this AD and placed it in the AD docket. accordance with the Accomplishment See the ADDRESSES section for a location Instructions of Viking Alert Service Bulletin AGENCY: Federal Aviation to examine the regulatory evaluation. 7–22–20, dated May 29, 2006. Administration (FAA), Department of Note 1: The alert service bulletin refers to Transportation (DOT). List of Subjects in 14 CFR Part 39 Honeywell Alert Service Bulletin 4006719– ACTION: Final rule. Air transportation, Aircraft, Aviation 22–A0016 (Pub. No. A21–1146–008), safety, Incorporation by reference, Revision 001, dated November 1, 2004, as an SUMMARY: We are adopting a new additional source of service information for airworthiness directive (AD) for the Safety. doing the inspection, related investigative action, and modifications. products listed above. This AD results Adoption of the Amendment from mandatory continuing I Accordingly, under the authority Alternative Methods of Compliance airworthiness information (MCAI) delegated to me by the Administrator, (AMOCs) originated by an aviation authority of the FAA amends 14 CFR part 39 as (g)(1) The Manager, New York Aircraft another country to identify and correct follows: Certification Office, FAA, has the authority to an unsafe condition on an aviation approve AMOCs for this AD, if requested in product. The MCAI describes the unsafe PART 39—AIRWORTHINESS accordance with the procedures found in 14 condition as: DIRECTIVES CFR 39.19. (2) To request a different method of The aim of this AD, is to mandate I 1. The authority citation for part 39 compliance or a different compliance time airworthiness requirements in structural continues to read as follows: for this AD, follow the procedures in 14 CFR maintenance in accordance with the 39.19. Before using any approved AMOC on requirements defined in the AIRBUS A300– Authority: 49 U.S.C. 106(g), 40113, 44701. any airplane to which the AMOC applies, 600 Airworthiness Limitations Items (ALI) notify your appropriate principal inspector document issue 11, referenced AI/SE–M2/ § 39.13 [Amended] (PI) in the FAA Flight Standards District 95A.0502/06, approved by EASA on 31 May I 2. The Federal Aviation Office (FSDO), or lacking a PI, your local 2006. Administration (FAA) amends § 39.13 FSDO. The unsafe condition is fatigue cracking, by adding the following new Related Information damage, or corrosion in principal airworthiness directive (AD): (h) Canadian airworthiness directive CF– structural elements, which could result 2007–20–02 Viking Air Limited (Formerly 2006–18, dated July 17, 2006, also addresses in reduced structural integrity of the Bombardier, Inc.): Amendment 39– the subject of this AD. airplane. We are issuing this AD to
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require actions to correct the unsafe Comments Regulatory Findings condition on these products. We gave the public the opportunity to We determined that this AD will not DATES: This AD becomes effective participate in developing this AD. We have federalism implications under October 31, 2007. received no comments on the NPRM or Executive Order 13132. This AD will not have a substantial direct effect on The Director of the Federal Register on the determination of the cost to the the States, on the relationship between approved the incorporation by reference public. the national government and the States, of a certain publication listed in this AD Conclusion or on the distribution of power and as of October 31, 2007. We reviewed the available data and responsibilities among the various ADDRESSES: You may examine the AD determined that air safety and the levels of government. docket on the Internet at http:// public interest require adopting the AD For the reasons discussed above, I dms.dot.gov or in person at the U.S. as proposed. certify this AD: Department of Transportation, Docket 1. Is not a ‘‘significant regulatory Differences Between This AD and the Operations, M–30, West Building action’’ under Executive Order 12866; MCAI or Service Information Ground Floor, Room W12–140, 1200 2. Is not a ‘‘significant rule’’ under the New Jersey Avenue, SE., Washington, We have reviewed the MCAI and DOT Regulatory Policies and Procedures DC. related service information and, in (44 FR 11034, February 26, 1979); and general, agree with their substance. But 3. Will not have a significant FOR FURTHER INFORMATION CONTACT: Tom we might have found it necessary to use economic impact, positive or negative, Stafford, Aerospace Engineer, different words from those in the MCAI on a substantial number of small entities International Branch, ANM–116, FAA, to ensure the AD is clear for U.S. under the criteria of the Regulatory Transport Airplane Directorate, 1601 operators and is enforceable. In making Flexibility Act. Lind Avenue SW., Renton, Washington these changes, we do not intend to differ We prepared a regulatory evaluation 98057–3356; telephone (425) 227–1622; substantively from the information of the estimated costs to comply with fax (425) 227–1149. provided in the MCAI and related this AD and placed it in the AD docket. SUPPLEMENTARY INFORMATION: service information. Examining the AD Docket We might also have required different Discussion actions in this AD from those in the You may examine the AD docket on MCAI in order to follow our FAA the Internet at http://dms.dot.gov; or in We issued a notice of proposed policies. Any such differences are person at the Docket Operations office rulemaking (NPRM) to amend 14 CFR highlighted in a NOTE within the AD. between 9 a.m. and 5 p.m., Monday part 39 to include an AD that would through Friday, except Federal holidays. apply to the specified products. That Costs of Compliance The AD docket contains the NPRM, the NPRM was published in the Federal Based on the service information, we regulatory evaluation, any comments Register on July 9, 2007 (72 FR 37122). estimate that this AD affects about 138 received, and other information. The That NPRM proposed to correct an products of U.S. registry. We also street address for the Docket Operations unsafe condition for the specified estimate that it takes about 1 work-hour office (telephone (800) 647–5527) is in products. The MCAI states: per product to comply with this AD. the ADDRESSES section. Comments will The aim of this AD, is to mandate The average labor rate is $80 per work- be available in the AD docket shortly airworthiness requirements in structural hour. Based on these figures, we after receipt. maintenance in accordance with the estimate the cost of this AD on U.S. List of Subjects in 14 CFR Part 39 requirements defined in the AIRBUS A300– operators to be $11,040, or $80 per 600 Airworthiness Limitations Items (ALI) product. Air transportation, Aircraft, Aviation document issue 11, referenced AI/SE–M2/ safety, Incorporation by reference, 95A.0502/06, approved by EASA on 31 May Authority for This Rulemaking Safety. 2006. Issue 11 of this document (refer to the Title 49 of the United States Code Adoption of the Amendment Summary of Changes chapter for more specifies the FAA’s authority to issue I details) deals in particular with the rules on aviation safety. Subtitle I, Accordingly, under the authority introduction of new tasks and the reduction section 106, describes the authority of delegated to me by the Administrator, of threshold and interval of some ALI tasks. the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as Some other clarifications are also brought Aviation Programs,’’ describes in more follows: to some tasks like for example the access, the detail the scope of the Agency’s PART 39—AIRWORTHINESS applicability period or the applicability. authority. This AD supersedes DGAC AD F–2004– DIRECTIVES 153, as it was mandating A300–600 ALI issue We are issuing this rulemaking under 9. the authority described in ‘‘Subtitle VII, I 1. The authority citation for part 39 Part A, Subpart III, Section 44701: continues to read as follows: The unsafe condition is fatigue cracking, General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. damage, or corrosion in principal section, Congress charges the FAA with structural elements, which could result promoting safe flight of civil aircraft in § 39.13 [Amended] in reduced structural integrity of the air commerce by prescribing regulations I 2. The FAA amends § 39.13 by adding airplane. Incorporating this revision into for practices, methods, and procedures the following new AD: the Airworthiness Limitations Section the Administrator finds necessary for (ALS) of the Instructions for Continued safety in air commerce. This regulation 2007–20–03 Airbus: Amendment 39–15213. Airworthiness is intended to ensure the is within the scope of that authority Docket No. FAA–2007–28599; Directorate Identifier 2007–NM–008–AD. continued structural integrity of these because it addresses an unsafe condition airplanes. You may obtain further that is likely to exist or develop on Effective Date information by examining the MCAI in products identified in this rulemaking (a) This airworthiness directive (AD) the AD docket. action. becomes effective October 31, 2007.
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Affected ADs (1) Alternative Methods of Compliance DEPARTMENT OF HOMELAND (b) None. (AMOCs): The Manager, International SECURITY Branch, ANM–116, Transport Airplane Applicability Directorate, FAA, has the authority to U.S. Customs and Border Protection (c) This AD applies to Airbus Model A300– approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. 600 series airplanes, all certified models, all DEPARTMENT OF THE TREASURY serial numbers, certificated in any category. Send information to ATTN: Tom Stafford, Aerospace Engineer, International Branch, Subject ANM–116, Transport Airplane Directorate, 19 CFR Part 12 (d) Time Limits/Maintenance Checks. FAA, 1601 Lind Avenue, SW., Renton, Washington 98056–3356; telephone (425) [CBP Dec. 07–79; USCBP–2007–0074] Reason 227–1622; fax (425) 227–1149. Before using RIN 1505–AB87 (e) The mandatory continued airworthiness any approved AMOC on any airplane to information (MCAI) states: which the AMOC applies, notify your Extension of Import Restrictions appropriate principal inspector (PI) in the The aim of this AD, is to mandate Imposed on Archaeological Material airworthiness requirements in structural FAA Flight Standards District Office (FSDO), maintenance in accordance with the or lacking a PI, your local FSDO. From Guatemala requirements defined in the AIRBUS A300– (2) Airworthy Product: For any requirement AGENCIES: U.S. Customs and Border 600 Airworthiness Limitations Items (ALI) in this AD to obtain corrective actions from document issue 11, referenced AI/SE–M2/ a manufacturer or other source, use these Protection, Department of Homeland 95A.0502/06, approved by EASA on 31 May actions if they are FAA-approved. Corrective Security; Department of the Treasury. 2006. actions are considered FAA-approved if they ACTION: Final rule. Issue 11 of this document (refer to the are approved by the State of Design Authority Summary of Changes chapter for more (or their delegated agent). You are required SUMMARY: This document amends U.S. details) deals in particular with the to assure the product is airworthy before it Customs and Border Protection (CBP) introduction of new tasks and the reduction is returned to service. regulations to reflect the extension of of threshold and interval of some ALI tasks. (3) Reporting Requirements: For any Some other clarifications are also brought reporting requirement in this AD, under the import restrictions on certain to some tasks like for example the access, the provisions of the Paperwork Reduction Act, archaeological material from Guatemala applicability period or the applicability. This the Office of Management and Budget (OMB) which were imposed by Treasury AD supersedes DGAC AD F–2004–153, as it has approved the information collection Decision (T.D.) 97–81 and extended by was mandating A300–600 ALI requirements and has assigned OMB Control T.D. 02–56. The Acting Assistant issue 9. Number 2120–0056. Secretary for Educational and Cultural The unsafe condition is fatigue cracking, Related Information Affairs, United States Department of damage, or corrosion in principal structural State, has determined that conditions elements, which could result in reduced (h) Refer to MCAI European Aviation structural integrity of the airplane. Safety Agency Airworthiness Directive 2006– continue to warrant the imposition of Incorporating this revision into the 0374, dated December 15, 2006, and Airbus import restrictions. Accordingly, the Airworthiness Limitations Section (ALS) of A300–600 Airworthiness Limitation Items restrictions will remain in effect for an the Instructions for Continued Airworthiness Document AI/SE–M2/95A.0502/06, Issue 11, additional 5 years, and the CBP is intended to ensure the continued dated April 2006, for related information. regulations are being amended to structural integrity of these airplanes. Material Incorporated by Reference indicate this second extension. These Actions and Compliance (i) You must use Airbus A300–600 restrictions are being extended pursuant (f) Unless already done, within 3 months Airworthiness Limitation Items Document to determinations of the United States after the effective date of this AD, revise the AI/SE–M2/95A.0502/06, Issue 11, dated Department of State made under the ALS of the Instructions for Continued April 2006, to do the actions required by this terms of the Convention on Cultural Airworthiness to incorporate Airbus A300– AD, unless the AD specifies otherwise. (Page Property Implementation Act in 600 Airworthiness Limitation Items (ALI) 143–G of this document is missing the accordance with the United Nations Document AI/SE–M2/95A.0502/06, Issue 11, document number, document issue date and Educational, Scientific and Cultural revision level, section identifier, and page dated April 2006. The tolerance (grace Organization (UNESCO) Convention on period) for compliance (specified in number.) paragraph 2 of Section B—Program Rules) (1) The Director of the Federal Register the Means of Prohibiting and Preventing with Issue 11 of the ALI is within 2,000 flight approved the incorporation by reference of the Illicit Import, Export and Transfer of cycles after the effective date of this AD, this service information under 5 U.S.C. Ownership of Cultural Property. T.D. provided that none of the following is 552(a) and 1 CFR part 51. 97–81 contains the Designated List of exceeded: (2) For service information identified in archaeological material that describes (1) Thresholds or intervals in the operator’s this AD, contact Airbus, 1 Rond Point the articles to which the restrictions current approved maintenance schedule that Maurice Bellonte, 31707 Blagnac Cedex, apply. are taken from a previous ALI issue, if France. existing, and are higher than or equal to those (3) You may review copies at the FAA, DATES: Effective Date: September 29, given in Issue 11 of the ALI. Transport Airplane Directorate, 1601 Lind 2007. (2) 8 months after the effective date of this Avenue, SW., Renton, Washington; or at the AD. National Archives and Records FOR FURTHER INFORMATION CONTACT: For (3) 50 percent of the intervals given in Administration (NARA). For information on legal aspects, George F. McCray, Esq., Issue 11 of the ALI. the availability of this material at NARA, call Chief, Intellectual Property Rights and (4) Any application tolerance given in the (202) 741–6030, or go to: http:// Restricted Merchandise Branch, (202) task description of Issue 11 of the ALI. www.archives.gov/federal-register/cfr/ibr- 572–8710. For operational aspects, locations.html. FAA AD Differences Michael Craig, Chief, Other Government Issued in Renton, Washington, on Agencies Branch, (202) 863–6558. Note: This AD differs from the MCAI and/ September 19, 2007. SUPPLEMENTARY INFORMATION: or service information as follows: No John Piccola, differences. Acting Manager, Transport Airplane Background Other FAA AD Provisions Directorate, Aircraft Certification Service. Pursuant to the provisions of the 1970 (g) The following provisions also apply to [FR Doc. E7–18870 Filed 9–25–07; 8:45 am] United Nations Educational, Scientific this AD: BILLING CODE 4910–13–P and Cultural Organization (UNESCO)
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Convention, codified into U.S. law as Secretary for Educational and Cultural PART 12—SPECIAL CLASSES OF the Convention on Cultural Property Affairs, United States Department of MERCHANDISE Implementation Act (Pub. L. 97–446, 19 State, concluding that the cultural U.S.C. 2601 et seq.), the United States heritage of Guatemala continues to be in I 1. The general authority citation for entered into a bilateral agreement with jeopardy from pillage of archaeological part 12 and the specific authority Guatemala on September 29, 1997, materials, made the necessary citation for § 12.104g continue to read as concerning the imposition of import determination to extend the import follows: restrictions on archaeological objects restrictions for an additional five years Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 and materials from the pre-Columbian on July 18, 2007, and diplomatic notes (General Note 3(i), Harmonized Tariff cultures of Guatemala. On October 3, have been exchanged, reflecting the Schedule of the United States (HTSUS)), 1997, the former United States Customs extension of the restrictions. 1624; Service published T.D. 97–81 in the Accordingly, CBP is amending 19 CFR * * * * * Federal Register (62 FR 51771), which 12.104g(a) to reflect the extension of the Sections 12.104 through 12.104i also amended 19 CFR 12.104g(a) to reflect import restrictions. issued under 19 U.S.C. 2612; the imposition of these restrictions, and The Designated List of Archaeological * * * * * included a list designating the types of Material from Guatemala covered by I 2. In § 12.104g(a), the table of the list archaeological objects and materials these import restrictions is set forth in of agreements imposing import covered by the restrictions. The T.D. 97–81. The Designated List and restrictions on described articles of restrictions cover Maya material from accompanying image database may also cultural property of State Parties is the Peten Lowlands and related pre- be found at the following internet Web amended in the entry for Guatemala by Columbian material from the Highlands site address: http://exchanges.state.gov/ removing the reference to ‘‘T.D. 02–56’’ and the Southern Coast of Guatemala. culprop/gtimage.html. and adding in its place ‘‘CBP Dec. 07– Prior to the issuance of T.D. 97–81, on 79’’ in the column headed ‘‘Decision The restrictions on the importation of April 15, 1991, the former United States No.’’. Customs Service published T.D. 91–34 these archaeological materials from in the Federal Register (56 FR 15181), Guatemala are to continue in effect for W. Ralph Basham, which imposed emergency import an additional 5 years. Importation of Commissioner, U.S. Customs and Border restrictions on certain archaeological such material continues to be restricted Protection. material from the Peten Region of unless the conditions set forth in 19 Approved: September 21, 2007. Guatemala. Under T.D. 91–34, U.S.C. 2606 and 19 CFR 12.104c are § 12.104g(b) (19 CFR 12.104g(b)) of the met. Timothy E. Skud, regulations pertaining to emergency Deputy Assistant Secretary of the Treasury. Inapplicability of Notice and Delayed restrictions was amended accordingly. [FR Doc. 07–4748 Filed 9–25–07; 8:45 am] Effective Date These emergency restrictions were BILLING CODE 9111–14–P extended for a period of three years on This amendment involves a foreign November 7, 1994, under T.D. 94–84 (59 affairs function of the United States and FR 55528). Subsequently, the same is, therefore, being made without notice DEPARTMENT OF HEALTH AND archaeological material covered by T.D. or public procedure (5 U.S.C. 553(a)(1)). HUMAN SERVICES 91–34 (and the extension of T.D. 94–84) For the same reason, a delayed effective was subsumed in T.D. 97–81 when it date is not required under 5 U.S.C. Food and Drug Administration was published in 1997, at which time 553(d)(3). the emergency restrictions of T.D. 91–34 21 CFR Part 522 (and T.D. 94–84) were removed from Regulatory Flexibility Act § 12.104g(b). Implantation or Injectable Dosage Import restrictions listed in 19 CFR Because no notice of proposed Form New Animal Drugs; 12.104g(a) are ‘‘effective for no more rulemaking is required, the provisions Tulathromycin than five years beginning on the date on of the Regulatory Flexibility Act (5 AGENCY: Food and Drug Administration, which the agreement enters into force U.S.C. 601 et seq.) do not apply. HHS. with respect to the United States. This Executive Order 12866 period can be extended for additional ACTION: Final rule. periods not to exceed five years if it is Because this rule involves a foreign SUMMARY: The Food and Drug affairs function of the United States, it determined that the factors which Administration (FDA) is amending the is not subject to Executive Order 12866. justified the initial agreement still animal drug regulations to reflect pertain and no cause for suspension of Signing Authority approval of a supplemental new animal the agreement exists’’ (19 CFR drug application (NADA) filed by Pfizer, 12.104g(a)). This regulation is being issued in Inc. The supplemental NADA provides On September 30, 2002, the former accordance with 19 CFR 0.1(a)(1). for the addition of a pathogen to the United States Customs Service indication for use of tulathromycin, by published T.D. 02–56 in the Federal List of Subjects in 19 CFR Part 12 injection, for the control of respiratory Register (67 FR 61259), which amended Cultural property, Customs duties and disease in high-risk cattle. 19 CFR 12.104g(a) to reflect the inspection, Imports, Prohibited extension of these import restrictions for DATES: This rule is effective September merchandise. an additional period of five years until 26, 2007. September 29, 2007. Amendment to CBP Regulations FOR FURTHER INFORMATION CONTACT: Joan After reviewing the findings and C. Gotthardt, Center for Veterinary recommendations of the Cultural I For the reasons set forth above, part 12 Medicine (HFV–130), Food and Drug Property Advisory Committee, and in of Title 19 of the Code of Federal Administration, 7500 Standish Pl., response to a request by the Government Regulations (19 CFR part 12), is Rockville, MD 20855, 301–827–7571, e- of Guatemala, the Acting Assistant amended as set forth below: mail: [email protected].
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SUPPLEMENTARY INFORMATION: Pfizer, add in its place ‘‘H. somni, and M. The Secretary has published Inc., 235 East 42d St., New York, NY bovis’’. regulations governing the practice of 10017, filed a supplement to NADA Dated: September 17, 2007. representatives before the IRS in 141–244 for DRAXXIN (tulathromycin) Bernadette Dunham, Circular 230 (31 CFR part 10). These Injectable Solution. The supplemental regulations authorize the Director of the Deputy Director, Center for Veterinary NADA provides for the addition of a Medicine Office of Professional Responsibility to pathogen, Mycoplasma bovis, to the act upon applications for enrollment to [FR Doc. E7–18983 Filed 9–25–07; 8:45 am] indication for use of tulathromycin practice before the IRS, to make solution in cattle, by subcutaneous BILLING CODE 4160–01–S inquiries with respect to matters under injection, for the control of respiratory the Office of Professional disease in cattle at high risk of Responsibility’s jurisdiction, to institute developing bovine respiratory disease. DEPARTMENT OF THE TREASURY proceedings to impose a monetary The application is approved as of Office of the Secretary penalty or to censure, suspend or disbar September 4, 2007, and the regulations a practitioner from practice before the in 21 CFR 522.2630 are amended to 31 CFR Part 10 IRS, to institute proceedings to reflect the approval. disqualify appraisers, and to perform In accordance with the freedom of [TD 9359] other duties necessary to carry out these information provisions of 21 CFR part RIN 1545–BA72 functions. 20 and 514.11(e)(2)(ii), a summary of On December 19, 2002 (67 FR 77724), safety and effectiveness data and Regulations Governing Practice Before the Treasury Department and the IRS information submitted to support the Internal Revenue Service issued an advance notice of proposed approval of this application may be seen rulemaking (2002 ANPRM) requesting in the Division of Dockets Management AGENCY: Office of the Secretary, comments on amendments to the (HFA–305), Food and Drug Treasury. regulations relating to the Office of Administration, 5630 Fishers Lane, rm. ACTION: Final regulations. Professional Responsibility, unenrolled practice, eligibility for enrollment, 1061, Rockville, MD 20852, between 9 SUMMARY: This document contains final a.m. and 4 p.m., Monday through sanctions and disciplinary proceedings, regulations revising the regulations contingent fees and confidentiality Friday. governing practice before the Internal Under section 512(c)(2)(F)(iii) of the agreements. On February 8, 2006, the Revenue Service (Circular 230). These Treasury Department and the IRS Federal Food, Drug, and Cosmetic Act regulations affect individuals who (21 U.S.C. 360b(c)(2)(F)(iii)), this published in the Federal Register (71 practice before the Internal Revenue FR 6421) proposed amendments to the supplemental approval qualifies for 3 Service (IRS). The amendments modify years of marketing exclusivity beginning regulations (REG–122380–02) reflecting the general standards of practice before consideration of the comments received on the date of approval. the IRS. The agency has determined under 21 in response to the 2002 ANPRM and CFR 25.33(a)(1) that this action is of a DATES: Effective Date: These regulations reflecting amendments to section 330 of type that does not individually or are effective September 26, 2007. title 31 made by the American Jobs Applicability Date: For dates of cumulatively have a significant effect on Creation Act of 2004, Public Law 108– applicability, see §§ 10.1(d), 10.2(b), the human environment. Therefore, 357 (118 Stat. 1418) (the Jobs Act). A 10.3(i), 10.4(e), 10.5(f), 10.6(p), 10.7(g), neither an environmental assessment public hearing was held on these 10.22(c), 10.25(e), 10.27(d), 10.29(d), nor an environmental impact statement proposals on June 21, 2006. Written 10.30(e), 10.34(f), 10.50(e), 10.51(b), is required. public comments responding to the This rule does not meet the definition 10.52(b), 10.53(e), 10.60(d), 10.61(c), proposed regulations were received. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 10.62(d), 10.63(f), 10.65(c), 10.68(e), After consideration of the public it is a rule of ‘‘particular applicability.’’ 10.70(c), 10.71(g), 10.72(g), 10.73(g), comments, the proposed regulations are Therefore, it is not subject to the 10.76(e), 10.77(c), 10.78(d), 10.82(h), adopted as revised by this Treasury congressional review requirements in 5 10.90(b), and 10.91. decision. U.S.C. 801–808. FOR FURTHER INFORMATION CONTACT: Matthew Cooper at (202) 622–4940. Summary of Comments and List of Subjects in 21 CFR Part 522 SUPPLEMENTARY INFORMATION: Explanation of Revisions Animal drugs. Over 30 written comments were Background I Therefore, under the Federal Food, received in response to the notice of Drug, and Cosmetic Act and under Section 330 of title 31 of the United proposed rulemaking. All comments authority delegated to the Commissioner States Code authorizes the Secretary of were considered and are available for of Food and Drugs and redelegated to the Treasury to regulate the practice of public inspection upon request. A the Center for Veterinary Medicine, 21 representatives before the Treasury number of these comments are CFR part 522 is amended as follows: Department. The Secretary is summarized in this preamble. The scope authorized, after notice and an of these regulations is limited to PART 522—IMPLANTATION OR opportunity for a proceeding, to practice before the IRS. These INJECTABLE DOSAGE FORM NEW censure, suspend or disbar from practice regulations do not alter or supplant ANIMAL DRUGS before the Treasury Department those ethical standards that are otherwise representatives who are incompetent, applicable to practitioners. I 1. The authority citation for 21 CFR disreputable, or who violate regulations part 522 continues to read as follows: prescribed under section 330 of title 31. Definitions—Practice Before the Internal Authority: 21 U.S.C. 360b. The Secretary also is authorized to Revenue Service impose a monetary penalty against these Section 10.2(a)(4) of the final § 522.2630 [Amended] individuals or seek an injunction under regulations adopts the proposed change I 2. In § 522.2630, in paragraph section 7408 of the Internal Revenue without modification. The final (d)(1)(ii), remove ‘‘and H. somni’’ and Code. regulations provide that practice before
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the IRS comprehends all matters System; and (3) Employee Plans Master represent taxpayers on a limited basis connected with a presentation to the IRS and Prototype and Volume Submitter with respect to Federal tax deposits or any of its officers or employees program. Enrolled retirement plan made by the payroll agents on behalf of relating to a taxpayer’s rights, privileges, agents also are permitted to represent their clients. Payroll agents have not or liabilities under laws or regulations taxpayers generally with respect to IRS demonstrated their qualifications to administered by the IRS. Consistent forms under the 5300 and 5500 series, practice before the IRS as required with the Jobs Act amendment to section which are filed by retirement plans and under section 330(a)(2) of title 31. 330 of title 31, the final regulations plan sponsors, but not with respect to Payroll agents may assist, however, in provide that practice includes rendering actuarial forms or schedules. the exchange of information with the written advice with respect to any The Advisory Committee IRS regarding a taxpayer’s return if the entity, transaction, plan or arrangement, recommended the implementation of taxpayer specifically authorizes the or other plan or arrangement having a procedures for enrollment similar to the payroll agent to receive confidential tax potential for tax avoidance or evasion. current enrolled agent program. The information from the IRS through the Several commentators stated that, Treasury Department and IRS adopt that use of a tax information authorization. notwithstanding the clarification recommendation. Enrolled retirement Practice by Former Government provided by the Jobs Act, the rendition plan agents will be subject to an Employees, Their Partners and Their of tax advice is not, in and of itself, an examination to determine competency, Associates act constituting practice before the IRS. a renewal process and continuing The Treasury Department and IRS professional education requirements. The final regulations adopt the proposed amendments to § 10.25, with conclude that the rendering of written Enrollment Procedures advice is practice before the IRS subject modification. The final regulations to Circular 230 when it is provided by Sections 10.4, 10.5 and 10.6 of the modify § 10.25(b)(4) to prohibit, for a a practitioner. regulations set forth the applicable period of one year after Government procedures relating to the enrollment employment is ended, former Who May Practice and renewal of enrollment of an employees from appearing before, or Sections 10.3(a) and (b) of these final enrolled agent. The final regulations communicating with the intent to regulations clarify that an attorney or adopt the proposed changes in these influence, an employee of the Treasury CPA is not required to file a Form 2848, sections with one modification. Sections Department with respect to a rule in ‘‘Power of Attorney and Declaration of 10.5(b) and 10.6(d)(6) are revised to which they were involved in Representative’’, with the IRS before reflect the publishing of TD 9288 (71 FR developing. This modification is rendering written advice covered under 58740), which establishes user fees for consistent with the scope of activities § 10.35 or § 10.37. As stated earlier in enrollment and renewal of this covered by 18 U.S.C. 207(a) and 207(c). this preamble, the rendering of this enrollment in 26 CFR part 300, on Commentators generally supported the advice is practice before the IRS when October 5, 2006. The procedures in changes to § 10.25 governing the provided by a practitioner. Any practice §§ 10.4, 10.5, and 10.6 also are restrictions on the practice of former before the IRS other than the rendering expanded to include the enrollment and Government employees, their partners, of written advice covered under § 10.35 renewal of enrollment for the new and their associates with respect to or § 10.37 continues to require the category of enrolled retirement plan matters that the former Government attorney or CPA to file a Form 2848 with agents. employees participated in during the the IRS. course of their Government Limited Practice Before the IRS The notice of proposed rulemaking employment. invited comments on a proposal from The final regulations do not adopt the the Advisory Committee for Tax provisions governing limited practice as Contingent Fees Exempt/Governmental Entities proposed under § 10.7. Accordingly, the The final regulations adopt the recommending that individuals who authorization in § 10.7(c)(viii), which amendments as proposed in § 10.27, provide technical services to plan allows an individual, who was not with several modifications. Most sponsors to maintain the tax qualified otherwise a practitioner, to represent a commentators opposed further status of their retirement plans taxpayer during an examination if that limitations on contingent fees under (retirement plan administrators) be individual prepared the return for the § 10.27 and supported the withdrawal or authorized to practice provided they taxable period under examination, is significant modification of this section. demonstrate the competency to do so. retained. An unenrolled return preparer Specifically, several commentators The commentators supported this who prepared the taxpayer’s return for stated that the proposed rules were proposal provided that practice is the year under examination, therefore, overly broad, improperly interfered with limited to representing taxpayers with may continue to negotiate with the IRS the practitioner-client relationship, and respect to qualified retirement plan on behalf of that taxpayer during an prohibited some small and middle issues. In light of the favorable examination or bind that taxpayer to a market taxpayers from appropriately comments and the immediate need for position during an examination. The requesting refunds. Another group of this program, the final regulations under unenrolled return preparer, however, commentators requested that contingent § 10.3(e) establish an enrolled may still not represent a taxpayer before fees be allowed in situations in which retirement plan agent designation, any other office of the IRS, including IRS review of the taxpayer’s position is subject to the limitations identified in Collection or Appeals; execute closing probable and the fees do not provide an these regulations. agreements, claims for refund, or incentive for abuse (including interest These regulations generally limit the waivers; or otherwise represent and penalty reviews, private letter practice of enrolled retirement plan taxpayers before the IRS unless rulings, pre-filing agreements, advance agents to representation with respect to authorized by § 10.7(c)(1)(i) through pricing agreements, and requests for issues arising under the following (vii). relief under section 9100). employee plan programs: (1) Employee These final regulations do not adopt The Treasury Department and the IRS Plans Determination Letter program; (2) one commentator’s suggestion that continue to believe that a rule restricting Employee Plans Compliance Resolution payroll reporting agents be allowed to contingent fees for preparing tax returns
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supports voluntary compliance with the writing, a verbal consent followed by a Small Business and Work Opportunity Federal tax laws by discouraging return confirmatory letter authored by the Tax Act of 2007. Rather, the Treasury positions that exploit the audit selection practitioner will not satisfy § 10.29 Department and the IRS are reserving process. In particular, the Treasury unless the confirmatory letter is § 10.34(a) and (e) in these final Department and IRS are concerned with countersigned by the client. A number regulations and are simultaneously the use of contingent fee arrangements of commentators opposed the proposed issuing a notice of proposed rulemaking in connection with claims for refund or rules on the grounds that it is arguably proposing to amend this part to reflect amended returns filed late in the broader than American Bar Association these recent amendments to the Code. examination process. Balancing these model rule 1.7. The Treasury Several commentators requested that concerns with the appropriate use of Department and IRS, however, conclude the Treasury Department and the IRS contingent fee arrangements in other that the language in the final regulations clarify the rule concerning advising a situations, the final regulations permit a is appropriate to protect taxpayer client to submit a document that practitioner to charge a contingent fee interests and protect settlements from contains or omits information in a for services rendered in connection with future collateral attack. In order to manner that demonstrates an intentional the IRS examination of, or challenge, to provide greater flexibility to both the disregard of a rule or regulation and a (i) An original tax return, or (ii) an practitioner and client, the Treasury taxpayer’s right to offer a good faith amended return or claim for refund or Department and IRS have revised the challenge to a rule or regulation. The credit where the amended return or final regulations to allow the language under § 10.34(b)(2)(iii) now claim for refund or credit was filed confirmation to be made within a provides that a practitioner may not within 120 days of the taxpayer reasonable period after the informed advise a client to submit a document to receiving a written notice of the consent, but in no event later than 30 the IRS that contains or omits examination or a written challenge to days. It is not the intent of the Treasury information in a manner that the original tax return. Department and IRS to sanction minor demonstrates an intentional disregard of Based on comments received, the technical violations of this final § 10.29 a rule or regulation unless the final regulations also permit the use of when there is little or no injury to a practitioner also advises the client to contingent fees for interest and penalty client, the public, or tax administration. submit a document showing a good faith reviews because there is no exploitation For example, if a client fails to return challenge to the rule or regulation. of the audit lottery in these situations as the confirmatory writing to the Sanctions they are generally completed on a post- practitioner, notwithstanding the examination basis. A practitioner, practitioner’s documented good faith The final regulations adopt the therefore, may charge a contingent fee effort to obtain the client’s signature, the amendments under § 10.50 authorizing for services rendered in connection with practitioner would not be subject to a the imposition of a monetary penalty in a claim for credit or refund filed in sanction or monetary penalty provided addition to, or in lieu of, any other connection with the determination of the practitioner promptly withdrew sanction in accordance with section statutory interest or penalties assessed from representation upon the failure to 822(a) of the Jobs Act. The Treasury by the Internal Revenue Service. receive the client’s written confirmation Department and the IRS released Notice Finally, the final regulations adopt the within a reasonable period. 2007–39, 2007–20 IRB 1243 (see amendment in proposed § 10.27 which § 601.601(d)(2)(ii)(b)), on April 23, 2007, allows a practitioner to charge a Standards With Respect to Tax Returns which provides guidance for contingent fee for services rendered in and Documents, Affidavits and Other practitioners, employers, firms, and connection with any judicial proceeding Papers other entities that may be subject to arising under the Internal Revenue Section 10.34 sets forth standards monetary penalties. In addition, the Code. applicable to advice with respect to tax Notice requests comments from the To eliminate any adverse impact that return positions and applicable to public regarding rules and standards the adoption of these final regulations preparing or signing returns. These final relating to the imposition of the could have on pending or imminent regulations adopt § 10.34 as proposed, monetary penalty. The regulations also transactions, § 10.27(d), as amended, with modifications. contain conforming amendments to will apply to fee arrangements entered On May 25, 2007, the President other provisions relating to sanctions, into after March 26, 2008. signed into law the Small Business and including modifications made by Work Opportunity Tax Act of 2007, section 1219 of the Pension Protection Conflicting Interests Public Law 110–28 (121 Stat. 190), Act of 2006, Public Law 109–280 (120 The final regulations adopt the which amended several provisions of Stat. 780). The Secretary of the proposed amendments found in § 10.29 the Code to extend the application of Treasury, or delegate, after due notice with modification. Under the final the income tax return preparer penalties and opportunity for hearing, may now regulations, a practitioner is required to to all tax return preparers, alter the disqualify an appraiser who violates obtain consent to the representation standards of conduct that must be met Circular 230 with or without the from each affected client in writing in to avoid imposition of the penalties for assessment of a section 6701 penalty order to represent the conflicting preparing a return that reflects an against the appraiser. interests. The written consent may vary understatement of liability, and increase in form. The practitioner may prepare a applicable penalties. On June 11, 2007, Incompetence and Disreputable letter to the client outlining the conflict, the IRS released Notice 2007–54, 2007– Conduct as well as the possible implications of 27 IRB 1 (see § 601.601(d)(2)(ii)(b)), Section 10.51 of the regulations the conflict, and submit the letter to the providing guidance and transitional defines disreputable conduct for which client for the client to countersign. relief for the return preparer provisions a practitioner may be sanctioned. A Unlike American Bar Association model under section 6694 of the Code, as number of commentators stated that rule 1.7, which permits affected clients recently amended. The standards with inclusion of ‘‘failure to sign a tax to provide informed consent verbally if respect to tax returns under § 10.34(a) in return’’ as a type of disreputable the consent is contemporaneously these final regulations do not reflect conduct is inappropriate unless the rule documented by the practitioner in amendments to the Code made by the clarifies how the practitioner should
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appropriately handle competing duties, Professional Responsibility considered regulations provide that reports and including section 6694 of the Internal in the course of determining whether to decisions of the ALJ and appellate Revenue Code or § 10.34 of Circular 230. issue a final complaint. Some material authority will be available for public The Treasury Department and the IRS related to the case, including but not inspection within 30 days after the agree that there might be instances in limited to legal memoranda provided to agency’s decision becomes final, subject which the failure to sign a return should the Office of Professional Responsibility to procedures to protect the identities of not lead to discipline. Therefore, by the Office of Chief Counsel will not any third-party taxpayers. This publicity § 10.51(a)(14) of the final regulations is be included in the OPR administrative will provide greater transparency to the modified to provide that failure to sign file. The Treasury Department and IRS disciplinary process. a return is not disreputable conduct if intend for the practice of releasing the Although most commentators do not the failure is due to reasonable cause OPR administrative file upon request to oppose disclosure if a sanction is and not due to willful neglect. This continue. This practice addresses in part imposed, commentators raised concerns change is consistent with the standard commentators’ concern that documents applied under section 6695(b) of the included in the investigatory file, about disclosure before the Secretary’s Code. including releasable exculpatory decision is final. The concerns are that evidence, be provided to the premature public disclosure will Conferences respondent. The IRS expects to issue unfairly tarnish practitioners’ The final regulations adopt the Internal Revenue Manual provisions in reputations and that IRS proceedings proposed rule in § 10.61(a) relating to the near future pertaining to the Office lack the independent review and system the ability of the Director of the Office of Professional Responsibility’s of checks and balances found in State of Professional Responsibility to confer procedures for investigations. It is bar disciplinary proceedings. Several with a practitioner, employer, firm or expected that those provisions will commentators specifically requested other entity, or an appraiser concerning formalize the definition of the OPR that an independent party outside of the allegations of misconduct irrespective of administrative file and the current IRS make a probable cause whether a proceeding has been practice of providing it to the determination prior to disclosure. instituted. Commentators suggested that respondent upon request. In order to Attorneys in the Office of Professional the practitioner, employer, firm or other help ensure that a respondent has access Responsibility review every allegation entity, or an appraiser be provided with to the evidence in support of OPR’s received by the office. If an allegation a right to a conference with the Office position, as well as other evidence warrants investigation, the practitioner of Professional Responsibility. The included in the investigatory file, the is provided with an opportunity to commentators’ suggestion was not Treasury Department and IRS are confer with the Office of Professional adopted in light of the Office of considering ways in which the existing Responsibility regarding the allegation Professional Responsibility’s policy that practice relating to the OPR against the practitioner. After the it will not deny a first request for administrative file can be formalized, conference, the Office of Professional conference made by a practitioner, and will consider addressing this issue Responsibility may close their employer, firm or other entity, or an in future published guidance. investigation without action, or, if a appraiser regarding allegations of Supplemental Charges violation of Circular 230 has occurred, misconduct. The Office of Professional attempt to reach an agreement with the Responsibility may conduct a The final regulations adopt the rules practitioner on an appropriate sanction. conference by telephonic means or in on supplemental charges as proposed If an agreement is not reached, the person. with minor revisions. Section 10.65 of Office of Professional Responsibility Service of Complaint the regulations provides that the sends the case to the Office of the Director of the Office of Professional Associate Chief Counsel (General Legal The final regulations adopt the rules Responsibility may file supplemental related to service of the complaint as Services) for further action. An attorney charges against a practitioner or in the Office of the Associate Chief proposed. Proposed regulations in appraiser by amending the complaint to § 10.63(d) provide that within 10 days of Counsel (General Legal Services) reflect the additional charges if the thoroughly reviews the case file, and, if serving the complaint, copies of the practitioner or appraiser is given notice evidence in support of the complaint a violation of Circular 230 has occurred, and an opportunity to prepare a defense the practitioner is offered one more must be served on the respondent in any to the supplemental charges. manner provided by regulations. opportunity to discuss the merits and Commentators requested that the Discovery, Hearings, and Publicity of settlement of the case before a formal Director of the Office of Professional Proceedings complaint is filed. Only after the case Responsibility furnish evidence not The final regulations adopt the has been reviewed by the Office of the solely in support of the complaint, but proposed changes to §§ 10.68, 10.71, Associate Chief Counsel (General Legal also additional evidence collected and 10.72(a) through (c) without Services) and the practitioner has been during the course of investigating the modification. Most commentators offered this second opportunity to conduct of the respondent, including supported expanding the use of discuss and settle the case is a formal any exculpatory evidence. Although not discovery in disciplinary proceedings. complaint filed. formalized in the regulations or the Most commentators also supported In light of the concerns raised by Internal Revenue Manual currently, the providing further procedural protections commentators that premature public current practice of the Office of such as a guarantee of the right to cross- disclosure could potentially tarnish Professional Responsibility is to provide examine witnesses. Section 10.71(f) of practitioners’ reputations, the final to the respondent upon request a copy the final regulations provides that no regulations require that disclosure of the of what informally is understood as the discovery other than that specifically disciplinary decision be delayed until ‘‘OPR administrative file’’ prior to the provided in that section is permitted. after the decision becomes final. This filing of a complaint under § 10.60. In Section 10.72(d) regarding the modification ensures that there is no general, the OPR administrative file publicity of disciplinary proceedings is potential premature tarnishing of a contains material that the Office of adopted with modification. These final practitioner’s reputation.
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Decision of Administrative Law Judge Therefore, a regulatory assessment is not I Par. 2. In Part 10, remove the language required. ‘‘Director of Practice’’ wherever it The final regulations do not adopt the It is hereby certified, under the appears and add, in its place, the proposed rules under §§ 10.77 and provisions of the Regulatory Flexibility language ‘‘Director of the Office of 10.78, which provided for a more Act (5 U.S.C. 601 et seq.), that these Professional Responsibility’’ in each of streamlined process for deciding regulations will not have a significant the following sections and paragraphs: appeals of the Administrative Law economic impact on a substantial Section 10.5(c), (d) and (e); Judges’ decisions. The intent of this number of small entities. Persons Section 10.6(a)(5), (b), (g)(2)(iii), streamlined process was to provide a authorized to practice have long been (g)(2)(iv), (g)(4), (j)(1), (j)(2), (j)(4), (k)(1), more timely process for deciding required to comply with certain (k)(2) and (n); appeals. Numerous concerns were standards of conduct when practicing Section 10.7(c)(2)(iii) and (d); raised with the streamlined process, before the Internal Revenue Service. Section 10.20(b) heading, (b) and (c); and, after consideration of the concerns, These regulations do not alter the basic Section 10.60(b); Section 10.63(c) heading, (c); these final regulations keep the current nature of the obligations and rules under §§ 10.77 and 10.78 in effect. Section 10.64(a); responsibilities of these practitioners. Section 10.66; But to achieve a more timely review of These regulations merely clarify those any appeal, the regulations now provide Section 10.69(a)(1) and (b); obligations in response to public Section 10.73(a); that the Secretary of the Treasury, or comments, replace certain terminology Section 10.79(a), (b), (c) and (d); delegate, should make the agency to conform with the terminology used in Section 10.80; decision within 180 days after receipt of 18 U.S.C. 207, and 5 CFR parts 2637 and Section 10.81; the appeal. The failure of the Secretary 2641 (or superseding regulations), make Section 10.82(a), (c) introductory text, of the Treasury, or delegate, to meet this modifications to reflect amendments to (c)(3), (d), (e), (f)(1) and (g). timeframe, as well as any other section 330 of title 31 made by the Jobs I Par. 3. Section 10.1 is revised to read discretionary timeframe in subpart D, Act, and make other modifications to as follows: does not create a right of action for the reflect concerns about greater practitioner. independence, transparency and due § 10.1 Director of the Office of Professional Responsibility. Expedited Suspension process. These regulations will not impose, or otherwise cause, a significant (a) Establishment of office. The Office The final regulations adopt, with increase in reporting, recordkeeping, or of Professional Responsibility is modification, the proposed amendments other compliance burdens on a established in the Internal Revenue to § 10.82. Final § 10.82 expands the substantial number of small entities. A Service. The Director of the Office of authority of the Office of Professional regulatory flexibility analysis, therefore, Professional Responsibility is appointed Responsibility to institute expedited is not required. by the Secretary of the Treasury, or suspension proceedings against Pursuant to section 7805(f) of the delegate. practitioners who advance frivolous or Internal Revenue Code, the notice of (b) Duties. The Director of the Office obstructionist positions (after a sanction proposed rulemaking preceding these of Professional Responsibility acts on by a court of competent jurisdiction). regulations was submitted to the Chief applications for enrollment to practice The Treasury Department and the IRS Counsel for Advocacy of the Small before the Internal Revenue Service; continue to believe that the expedited Business Administration for comment makes inquiries with respect to matters suspension process is equitable and on the regulations’ impact on small under the Director’s jurisdiction; appropriate in the limited listed businesses. institutes and provides for the conduct circumstances. The Office of of disciplinary proceedings relating to Professional Responsibility completes Drafting Information practitioners (and employers, firms or an investigation of the issues prior to The principal author of these other entities, if applicable) and instituting an expedited proceeding and regulations is Matthew S. Cooper of the appraisers; and performs other duties as practitioners are entitled to a conference Office of the Associate Chief Counsel are necessary or appropriate to carry out with the Office of Professional (Procedure and Administration). the functions under this part or as are Responsibility upon request. otherwise prescribed by the Secretary of List of Subjects in 31 CFR Part 10 the Treasury, or delegate. Several commentators expressed Accountants, Administrative practice (c) Acting Director of the Office of concern that expanding the authorized Professional Responsibility. The use of the expedited procedures to and procedure, Lawyers, Reporting and recordkeeping requirements, Taxes. Secretary of the Treasury, or delegate, compliance cases further erodes a will designate an officer or employee of practitioner’s rights to due process. Adoption of Amendments to the the Treasury Department to act as After further consideration of this issue, Regulations Director of the Office of Professional final § 10.82 does not expand the Responsibility in the absence of the authority of the Office of Professional I Accordingly, 31 CFR part 10 is amended to read as follows: Director or during a vacancy in that Responsibility to institute expedited office. suspension proceedings against (d) Effective/applicability date. This practitioners who are not in compliance PART 10—PRACTICE BEFORE THE INTERNAL REVENUE SERVICE section is applicable on September 26, with their own Federal tax obligations 2007. (failure to file or pay a tax in 3 of the I Paragraph 1. The authority citation I Par. 4. Section 10.2 is revised to read preceding 5 years, or in 4 of the for 31 CFR part 10 continues to read as as follows: preceding 7 periods). follows: § 10.2 Definitions. Special Analyses Authority: Sec. 3, 23 Stat. 258, secs. 2–12, 60 Stat. 237 et seq.; 5 U.S.C. 301, 500, 551– (a) As used in this part, except where It has been determined that this final 559; 31 U.S.C. 321; 31 U.S.C. 330; Reorg. Plan the text provides otherwise— rule is not a significant regulatory action No. 26 of 1950, 15 FR 4935, 64 Stat. 1280, (1) Attorney means any person who is as defined in Executive Order 12866. 3 CFR, 1949–1953 Comp., p. 1017. a member in good standing of the bar of
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the highest court of any state, territory, but their rendering of this advice is Office of Professional Responsibility or possession of the United States, practice before the Internal Revenue may grant enrollment as an enrolled including a Commonwealth, or the Service. agent to an applicant who demonstrates District of Columbia. (b) Certified public accountants. Any special competence in tax matters by (2) Certified public accountant means certified public accountant who is not written examination administered by, or any person who is duly qualified to currently under suspension or administered under the oversight of, the practice as a certified public accountant disbarment from practice before the Director of the Office of Professional in any state, territory, or possession of Internal Revenue Service may practice Responsibility and who has not engaged the United States, including a before the Internal Revenue Service by in any conduct that would justify the Commonwealth, or the District of filing with the Internal Revenue Service censure, suspension, or disbarment of Columbia. a written declaration that the certified any practitioner under the provisions of (3) Commissioner refers to the public accountant is currently qualified this part. Commissioner of Internal Revenue. as a certified public accountant and is (b) Enrollment as a retirement plan (4) Practice before the Internal authorized to represent the party or agent upon examination. The Director Revenue Service comprehends all parties. Notwithstanding the preceding of the Office of Professional matters connected with a presentation sentence, certified public accountants Responsibility may grant enrollment as to the Internal Revenue Service or any who are not currently under suspension an enrolled retirement plan agent to an of its officers or employees relating to a or disbarment from practice before the applicant who demonstrates special taxpayer’s rights, privileges, or Internal Revenue Service are not competence in qualified retirement plan liabilities under laws or regulations required to file a written declaration matters by written examination administered by the Internal Revenue with the IRS before rendering written administered by, or administered under Service. Such presentations include, but advice covered under § 10.35 or § 10.37, the oversight of, the Director of the are not limited to, preparing and filing but their rendering of this advice is Office of Professional Responsibility documents, corresponding and practice before the Internal Revenue and who has not engaged in any communicating with the Internal Service. conduct that would justify the censure, suspension, or disbarment of any Revenue Service, rendering written * * * * * practitioner under the provisions of this advice with respect to any entity, (e) Enrolled Retirement Plan Agents— transaction, plan or arrangement, or part. (1) Any individual enrolled as a (c) Enrollment of former Internal other plan or arrangement having a retirement plan agent pursuant to this potential for tax avoidance or evasion, Revenue Service employees. The part who is not currently under Director of the Office of Professional and representing a client at conferences, suspension or disbarment from practice hearings and meetings. Responsibility may grant enrollment as before the Internal Revenue Service may an enrolled agent or enrolled retirement (5) Practitioner means any individual practice before the Internal Revenue described in paragraphs (a), (b), (c), (d) plan agent to an applicant who, by Service. virtue of past service and technical or (e) of § 10.3. (2) Practice as an enrolled retirement (6) A tax return includes an amended experience in the Internal Revenue plan agent is limited to representation tax return and a claim for refund. Service, has qualified for such with respect to issues involving the (7) Service means the Internal enrollment and who has not engaged in following programs: Employee Plans Revenue Service. any conduct that would justify the (b) Effective/applicability date. This Determination Letter program; censure, suspension, or disbarment of section is applicable on September 26, Employee Plans Compliance Resolution any practitioner under the provisions of 2007. System; and Employee Plans Master and this part, under the following I Prototype and Volume Submitter circumstances— Par. 5. Section 10.3 is amended by: program. In addition, enrolled I (1) Revising paragraphs (a) and (b). (1) The former employee applies for I (2) Redesignating paragraphs (e), (f), retirement plan agents are generally enrollment to the Director of the Office and (g) as paragraphs (f), (g), and (h), permitted to represent taxpayers with of Professional Responsibility on a form respectively. respect to IRS forms under the 5300 and supplied by the Director of the Office of I (3) Adding new paragraphs (e) and (i). 5500 series which are filed by Professional Responsibility and supplies The revisions and additions read as retirement plans and plan sponsors, but the information requested on the form follows: not with respect to actuarial forms or and such other information regarding schedules. the experience and training of the § 10.3 Who may practice. (3) An individual who practices applicant as may be relevant. (a) Attorneys. Any attorney who is not before the Internal Revenue Service (2) An appropriate office of the currently under suspension or pursuant to paragraph (e)(1) of this Internal Revenue Service, at the request disbarment from practice before the section is subject to the provisions of of the Director of the Office of Internal Revenue Service may practice this part in the same manner as Professional Responsibility, will before the Internal Revenue Service by attorneys, certified public accountants provide the Director of the Office of filing with the Internal Revenue Service and enrolled agents. Professional Responsibility with a a written declaration that the attorney is * * * * * detailed report of the nature and rating currently qualified as an attorney and is (i) Effective/applicability date. This of the applicant’s work while employed authorized to represent the party or section is applicable on September 26, by the Internal Revenue Service and a parties. Notwithstanding the preceding 2007. recommendation whether such sentence, attorneys who are not I Par. 6. Section 10.4 is revised to read employment qualifies the applicant currently under suspension or as follows: technically or otherwise for the desired disbarment from practice before the authorization. Internal Revenue Service are not § 10.4 Eligibility for enrollment as enrolled (3) Enrollment as an enrolled agent required to file a written declaration agent or enrolled retirement plan agent. based on an applicant’s former with the IRS before rendering written (a) Enrollment as an enrolled agent employment with the Internal Revenue advice covered under § 10.35 or § 10.37, upon examination. The Director of the Service may be of unlimited scope or it
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may be limited to permit the § 10.5 Application for enrollment as an justification for the individual’s failure presentation of matters only of the enrolled agent or enrolled retirement plan to satisfy this requirement. agent. particular class or only before the * * * * * particular unit or division of the (a) Form; address. An applicant for (4) Thereafter, applications for Internal Revenue Service for which the enrollment as an enrolled agent or renewal as an enrolled agent will be applicant’s former employment has enrolled retirement plan agent must required between November 1 and qualified the applicant. Enrollment as apply as required by forms or January 31 of every subsequent third an enrolled retirement plan agent based procedures established and published year as specified in paragraph (d)(1), (2) on an applicant’s former employment by the Office of Professional or (3) of this section according to the with the Internal Revenue Service will Responsibility, including proper last number of the individual’s social be limited to permit the presentation of execution of required forms under oath security number or tax identification matters only with respect to qualified or affirmation. The address on the number. Those individuals who receive retirement plan matters. application will be the address under initial enrollment as an enrolled agent (4) Application for enrollment as an which a successful applicant is enrolled after November 1 and before April 2 of enrolled agent or enrolled retirement and is the address to which all the applicable renewal period will not plan agent based on an applicant’s correspondence concerning enrollment be required to renew their enrollment former employment with the Internal will be sent. before the first full renewal period Revenue Service must be made within (b) Fee. A reasonable nonrefundable following the receipt of their initial 3 years from the date of separation from fee will be charged for each application enrollment. Applications for renewal as such employment. for enrollment as an enrolled agent filed an enrolled retirement plan agent will with the Director of the Office of be required of all enrolled retirement (5) An applicant for enrollment as an Professional Responsibility in enrolled agent who is requesting such plan agents between April 1 and June 30 accordance with 26 CFR 300.5. A of every third year period subsequent to enrollment based on former reasonable nonrefundable fee will be employment with the Internal Revenue their initial enrollment. charged for each application for (5) The Director of the Office of Service must have had a minimum of 5 enrollment as an enrolled retirement years continuous employment with the Professional Responsibility will notify plan agent filed with the Director of the the individual of the renewal of Internal Revenue Service during which Office of Professional Responsibility. the applicant must have been regularly enrollment and will issue the individual engaged in applying and interpreting * * * * * a card evidencing enrollment. the provisions of the Internal Revenue (f) Effective/applicability date. This (6) A reasonable nonrefundable fee Code and the regulations relating to section is applicable to enrollment will be charged for each application for income, estate, gift, employment, or applications received on or after renewal of enrollment as an enrolled excise taxes. September 26, 2007. agent filed with the Director of the I Par. 8. Section 10.6 is amended by: Office of Professional Responsibility in (6) An applicant for enrollment as an I 1. Revising the section heading. accordance with 26 CFR 300.6. A enrolled retirement plan agent who is I reasonable nonrefundable fee will be requesting such enrollment based on 2. Removing paragraph (a). I 3. Redesignating paragraph (c) as charged for each application for renewal former employment with the Internal of enrollment as an enrolled retirement Revenue Service must have had a paragraph (a). I plan agent filed with the Director of the minimum of 5 years continuous 4. Adding new paragraphs (c) and (p). I Office of Professional Responsibility. employment with the Internal Revenue 5. Revising paragraphs (d) introductory text, (d)(4), (d)(5), (d)(6), (7) Forms required for renewal may be Service during which the applicant obtained by sending a written request to must have been regularly engaged in (d)(7), (e), (f)(1), (f)(2)(iv)(A), (g)(5), (k)(4), (k)(7) and (l). the Director of the Office of Professional applying and interpreting the provisions Responsibility, Internal Revenue of the Internal Revenue Code and the The revisions and additions read as follows: Service, 1111 Constitution Avenue, regulations relating to qualified NW., Washington, DC 20224 or from retirement plan matters. § 10.6 Enrollment as an enrolled agent or such other source as the Director of the (7) For the purposes of paragraphs enrolled retirement plan agent. Office of Professional Responsibility (b)(5) and (b)(6) of this section, an * * * * * will publish in the Internal Revenue aggregate of 10 or more years of (c) Change of address. An enrolled Bulletin (see 26 CFR 601.601(d)(2)(ii)(b)) employment in positions involving the agent or enrolled retirement plan agent and on the Internal Revenue Service application and interpretation of the must send notification of any change of Web page (http://www.irs.gov). provisions of the Internal Revenue address to the address specified by the (e) Condition for renewal: Continuing Code, at least 3 of which occurred Director of the Office of Professional professional education. In order to within the 5 years preceding the date of Responsibility. This notification must qualify for renewal of enrollment, an application, is the equivalent of 5 years include the enrolled agent’s or enrolled individual enrolled to practice before continuous employment. retirement plan agent’s name, prior the Internal Revenue Service must (d) Natural persons. Enrollment to address, new address, social security certify, on the application for renewal practice may be granted only to natural number or tax identification number form prescribed by the Director of the persons. and the date. Office of Professional Responsibility, (d) Renewal of enrollment. To that he or she has satisfied the following (e) Effective/applicability date. This maintain active enrollment to practice continuing professional education section is applicable on September 26, before the Internal Revenue Service, requirements. 2007. each individual is required to have the (1) Definitions. For purposes of this I Par. 7. Section 10.5 is amended by enrollment renewed. Failure to receive section— revising the section heading and notification from the Director of the (i) Enrollment year means January 1 to paragraphs (a) and (b), and adding Office of Professional Responsibility of December 31 of each year of an paragraph (f) to read as follows: the renewal requirement will not be enrollment cycle.
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(ii) Enrollment cycle means the three (2) * * * (l) Inactive retirement status. An successive enrollment years preceding (iv) Credit for published articles, individual who no longer practices the effective date of renewal. books, etc. (A) For enrolled agents, before the Internal Revenue Service may (iii) The effective date of renewal is continuing education credit will be request being placed in an inactive the first day of the fourth month awarded for publications on Federal retirement status at any time and such following the close of the period for taxation or Federal tax related matters, individual will be placed in an inactive renewal described in paragraph (d) of including accounting, tax preparation retirement status. The individual will be this section. software, and taxation or ethics, ineligible to practice before the Internal (2) For renewed enrollment effective provided the content of such Revenue Service. Such individual must after December 31, 2006—(i) publications is current and designed for file a timely application for renewal of Requirements for enrollment cycle. A the enhancement of the professional enrollment at each applicable renewal minimum of 72 hours of continuing knowledge of an individual enrolled to or enrollment period as provided in this education credit must be completed practice before the Internal Revenue section. An individual who is placed in during each enrollment cycle. Service. The publication must be an inactive retirement status may be (ii) Requirements for enrollment year. consistent with the Internal Revenue reinstated to an active enrollment status A minimum of 16 hours of continuing Code and effective tax administration. by filing an application for renewal of education credit, including 2 hours of For enrolled retirement plan agents, enrollment and providing evidence of ethics or professional conduct, must be continuing education credit will be the completion of the required completed during each enrollment year awarded for publications on qualified continuing professional education hours of an enrollment cycle. retirement plan matters, provided the for the enrollment cycle. Inactive (iii) Enrollment during enrollment content of such publications is current retirement status is not available to an cycle—(A) In general. Subject to and designed for the enhancement of individual who is the subject of a paragraph (e)(2)(iii)(B) of this section, an the professional knowledge of an disciplinary matter in the Office of individual who receives initial individual enrolled to practice as an Professional Responsibility. enrollment during an enrollment cycle enrolled retirement plan agent before * * * * * must complete 2 hours of qualifying the Internal Revenue Service. The (p) Effective/applicability date. This continuing education credit for each publication must be consistent with the section is applicable to enrollment month enrolled during the enrollment Internal Revenue Code and effective tax effective on or after September 26, 2007. cycle. Enrollment for any part of a administration. I month is considered enrollment for the Par. 9. Section 10.7 is amended by: * * * * * I entire month. 1. Revising paragraph (c)(2)(ii). (g) * * * I 2. And adding paragraph (g). (B) Ethics. An individual who (5) Sponsor renewal—(i) In general. A receives initial enrollment during an The revisions and additions read as sponsor maintains its status as a follows: enrollment cycle must complete 2 hours qualified sponsor during the sponsor of ethics or professional conduct for enrollment cycle. § 10.7 Representing oneself; participating each enrollment year during the (ii) Renewal period. Each sponsor in rulemaking; limited practice; special enrollment cycle. Enrollment for any must file an application to renew its appearances; and return preparation. part of an enrollment year is considered status as a qualified sponsor between * * * * * enrollment for the entire year. May 1 and July 31, 2008. Thereafter, (c) * * * (f) Qualifying continuing education— applications for renewal will be (2) * * * (1) General—(i) Enrolled agents. To required between May 1 and July 31 of (ii) The Director, after notice and qualify for continuing education credit every subsequent third year. opportunity for a conference, may deny for an enrolled agent, a course of (iii) Effective date of renewal. The eligibility to engage in limited practice learning must— effective date of renewal is the first day before the Internal Revenue Service (A) Be a qualifying program designed of the third month following the close under paragraph (c)(1) of this section to to enhance professional knowledge in of the renewal period. any individual who has engaged in Federal taxation or Federal tax related (iv) Sponsor enrollment cycle. The conduct that would justify a sanction matters (programs comprised of current sponsor enrollment cycle is the three under § 10.50. subject matter in Federal taxation or successive calendar years preceding the * * * * * Federal tax related matters, including effective date of renewal. accounting, tax preparation software (g) Effective/applicability date. This and taxation or ethics); * * * * * section is applicable on September 26, (B) Be a qualifying program consistent (k) * * * 2007. (4) Individuals placed in inactive with the Internal Revenue Code and I Par. 10. Section 10.22 is amended by enrollment status and individuals effective tax administration; and revising paragraph (b) and adding (C) Be sponsored by a qualifying ineligible to practice before the Internal paragraph (c) to read as follows: sponsor. Revenue Service may not state or imply (ii) Enrolled retirement plan agents. that they are enrolled to practice before § 10.22 Diligence as to accuracy. To qualify for continuing education the Internal Revenue Service, or use the (b) Reliance on others. Except as credit for an enrolled retirement plan terms enrolled agent or enrolled provided in §§ 10.34, 10.35, and 10.37, agent, a course of learning must— retirement plan agent, the designations a practitioner will be presumed to have (i) Be a qualifying program designed ‘‘EA’’ or ‘‘ERPA’’ or other form of exercised due diligence for purposes of to enhance professional knowledge in reference to eligibility to practice before this section if the practitioner relies on qualified retirement plan matters; the Internal Revenue Service. the work product of another person and (ii) Be a qualifying program consistent * * * * * the practitioner used reasonable care in with the Internal Revenue Code and (7) Inactive enrollment status is not engaging, supervising, training, and effective tax administration; and available to an individual who is the evaluating the person, taking proper (iii) Be sponsored by a qualifying subject of a disciplinary matter in the account of the nature of the relationship sponsor. Office of Professional Responsibility. between the practitioner and the person.
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(c) Effective/applicability date. This person who is or was a specific party to commenced before the effective date of section is applicable on September 26, that particular matter. this regulation. 2007. (4) No former Government employee (e) Effective/applicability date. This I Par. 11. Section 10.25 is revised to may, within one year after Government section is applicable on September 26, read as follows: employment is ended, communicate 2007. with or appear before, with the intent to I Par. 12. Section 10.27 is revised to § 10.25 Practice by former government influence, any employee of the Treasury read as follows: employees, their partners and their Department in connection with the associates. publication, withdrawal, amendment, § 10.27 Fees. (a) Definitions. For purposes of this modification, or interpretation of a rule (a) In general. A practitioner may not section— the development of which the former charge an unconscionable fee in (1) Assist means to act in such a way Government employee participated in, connection with any matter before the as to advise, furnish information to, or or for which, within a period of one year Internal Revenue Service. otherwise aid another person, directly, prior to the termination of Government (b) Contingent fees—(1) Except as or indirectly. employment, the former government provided in paragraphs (b)(2), (3), and (2) Government employee is an officer employee had official responsibility. (4) of this section, a practitioner may not or employee of the United States or any This paragraph (b)(4) does not, however, charge a contingent fee for services agency of the United States, including a preclude any former employee from rendered in connection with any matter special Government employee as appearing on one’s own behalf or from before the Internal Revenue Service. defined in 18 U.S.C. 202(a), or of the representing a taxpayer before the (2) A practitioner may charge a District of Columbia, or of any State, or Internal Revenue Service in connection contingent fee for services rendered in a member of Congress or of any State with a particular matter involving connection with the Service’s legislature. specific parties involving the (3) Member of a firm is a sole examination of, or challenge to— application or interpretation of a rule practitioner or an employee or associate (i) An original tax return; or with respect to that particular matter, thereof, or a partner, stockholder, (ii) An amended return or claim for provided that the representation is associate, affiliate or employee of a refund or credit where the amended otherwise consistent with the other partnership, joint venture, corporation, return or claim for refund or credit was provisions of this section and the former professional association or other filed within 120 days of the taxpayer employee does not utilize or disclose affiliation of two or more practitioners receiving a written notice of the any confidential information acquired who represent nongovernmental parties. examination of, or a written challenge to (4) Particular matter involving specific by the former employee in the the original tax return. parties is defined at 5 CFR 2637.201(c), development of the rule. (3) A practitioner may charge a or superseding post-employment (c) Firm representation—(1) No contingent fee for services rendered in regulations issued by the U.S. Office of member of a firm of which a former connection with a claim for credit or Government Ethics. Government employee is a member may refund filed solely in connection with (5) Rule includes Treasury represent or knowingly assist a person the determination of statutory interest or regulations, whether issued or under who was or is a specific party in any penalties assessed by the Internal preparation for issuance as notices of particular matter with respect to which Revenue Service. proposed rulemaking or as Treasury the restrictions of paragraph (b)(2) of (4) A practitioner may charge a decisions, revenue rulings, and revenue this section apply to the former contingent fee for services rendered in procedures published in the Internal Government employee, in that connection with any judicial proceeding Revenue Bulletin (see 26 CFR particular matter, unless the firm arising under the Internal Revenue 601.601(d)(2)(ii)(b)). isolates the former Government Code. (b) General rules—(1) No former employee in such a way to ensure that (c) Definitions. For purposes of this Government employee may, subsequent the former Government employee section— to Government employment, represent cannot assist in the representation. (1) Contingent fee is any fee that is anyone in any matter administered by (2) When isolation of a former based, in whole or in part, on whether the Internal Revenue Service if the Government employee is required under or not a position taken on a tax return representation would violate 18 U.S.C. paragraph (c)(1) of this section, a or other filing avoids challenge by the 207 or any other laws of the United statement affirming the fact of such Internal Revenue Service or is sustained States. isolation must be executed under oath either by the Internal Revenue Service (2) No former Government employee by the former Government employee or in litigation. A contingent fee who personally and substantially and by another member of the firm includes a fee that is based on a participated in a particular matter acting on behalf of the firm. The percentage of the refund reported on a involving specific parties may, statement must clearly identify the firm, return, that is based on a percentage of subsequent to Government employment, the former Government employee, and the taxes saved, or that otherwise represent or knowingly assist, in that the particular matter(s) requiring depends on the specific result attained. particular matter, any person who is or isolation. The statement must be A contingent fee also includes any fee was a specific party to that particular retained by the firm and, upon request, arrangement in which the practitioner matter. provided to the Director of the Office of will reimburse the client for all or a (3) A former Government employee Professional Responsibility. portion of the client’s fee in the event who within a period of one year prior (d) Pending representation. The that a position taken on a tax return or to the termination of Government provisions of this regulation will govern other filing is challenged by the Internal employment had official responsibility practice by former Government Revenue Service or is not sustained, for a particular matter involving specific employees, their partners and associates whether pursuant to an indemnity parties may not, within two years after with respect to representation in agreement, a guarantee, rescission Government employment is ended, particular matters involving specific rights, or any other arrangement with a represent in that particular matter any parties where actual representation similar effect.
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(2) Matter before the Internal Revenue or employee of the Internal Revenue demonstrates an intentional disregard of Service includes tax planning and Service on request. a rule or regulation unless the advice, preparing or filing or assisting in (d) Effective/applicability date. This practitioner also advises the client to preparing or filing returns or claims for section is applicable on September 26, submit a document that evidences a refund or credit, and all matters 2007. good faith challenge to the rule or connected with a presentation to the I Par. 14. In § 10.30, paragraph (a)(1) is regulation. Internal Revenue Service or any of its revised and paragraph (e) is added to (c) Advising clients on potential officers or employees relating to a read as follows: penalties—(1) A practitioner must taxpayer’s rights, privileges, or inform a client of any penalties that are liabilities under laws or regulations § 10.30 Solicitation. reasonably likely to apply to the client administered by the Internal Revenue (a) Advertising and solicitation with respect to— Service. Such presentations include, but restrictions. (i) A position taken on a tax return are not limited to, preparing and filing (1) A practitioner may not, with if— documents, corresponding and respect to any Internal Revenue Service (A) The practitioner advised the client communicating with the Internal matter, in any way use or participate in with respect to the position; or Revenue Service, rendering written the use of any form or public (B) The practitioner prepared or advice with respect to any entity, communication or private solicitation signed the tax return; and transaction, plan or arrangement, and containing a false, fraudulent, or (ii) Any document, affidavit or other representing a client at conferences, coercive statement or claim; or a paper submitted to the Internal Revenue hearings, and meetings. misleading or deceptive statement or Service. (d) Effective/applicability date. This claim. Enrolled agents or enrolled (2) The practitioner also must inform section is applicable for fee retirement plan agents, in describing the client of any opportunity to avoid arrangements entered into after March their professional designation, may not any such penalties by disclosure, if 26, 2008. utilize the term of art ‘‘certified’’ or relevant, and of the requirements for I Par. 13. Section 10.29 is revised to imply an employer/employee adequate disclosure. read as follows: relationship with the Internal Revenue (3) This paragraph (c) applies even if Service. Examples of acceptable the practitioner is not subject to a § 10.29 Conflicting interests. descriptions for enrolled agents are penalty under the Internal Revenue (a) Except as provided by paragraph ‘‘enrolled to represent taxpayers before Code with respect to the position or (b) of this section, a practitioner shall the Internal Revenue Service,’’ with respect to the document, affidavit not represent a client before the Internal ‘‘enrolled to practice before the Internal or other paper submitted. Revenue Service if the representation Revenue Service,’’ and ‘‘admitted to (d) Relying on information furnished involves a conflict of interest. A conflict practice before the Internal Revenue by clients. A practitioner advising a of interest exists if— Service.’’ Similarly, examples of client to take a position on a tax return, (1) The representation of one client acceptable descriptions for enrolled document, affidavit or other paper will be directly adverse to another retirement plan agents are ‘‘enrolled to submitted to the Internal Revenue client; or represent taxpayers before the Internal Service, or preparing or signing a tax (2) There is a significant risk that the Revenue Service as a retirement plan return as a preparer, generally may rely representation of one or more clients agent’’ and ‘‘enrolled to practice before in good faith without verification upon will be materially limited by the the Internal Revenue Service as a information furnished by the client. The practitioner’s responsibilities to another retirement plan agent.’’ practitioner may not, however, ignore client, a former client or a third person, * * * * * the implications of information or by a personal interest of the (e) Effective/applicability date. This furnished to, or actually known by, the practitioner. section is applicable on September 26, practitioner, and must make reasonable (b) Notwithstanding the existence of a 2007. inquiries if the information as furnished conflict of interest under paragraph (a) I Par. 15. Section 10.34 is revised to appears to be incorrect, inconsistent of this section, the practitioner may read as follows: with an important fact or another factual represent a client if— (1) The practitioner reasonably assumption, or incomplete. § 10.34 Standards with respect to tax (e) [Reserved]. believes that the practitioner will be returns and documents, affidavits and other able to provide competent and diligent papers. (f) Effective/applicability date. Section 10.34 is applicable to tax representation to each affected client; (a) [Reserved]. (2) The representation is not (b) Documents, affidavits and other returns, documents, affidavits and other prohibited by law; and papers—(1) A practitioner may not papers filed on or after September 26, (3) Each affected client waives the advise a client to take a position on a 2007. conflict of interest and gives informed document, affidavit or other paper I Par. 16. In § 10.35(b)(1) remove the consent, confirmed in writing by each submitted to the Internal Revenue language ‘‘§ 10.2(e)’’ and add the affected client, at the time the existence Service unless the position is not language ‘‘§ 10.2(a)(5)’’ in its place. of the conflict of interest is known by frivolous. I Par. 17. Section 10.50 is revised to the practitioner. The confirmation may (2) A practitioner may not advise a read as follows: be made within a reasonable period client to submit a document, affidavit or after the informed consent, but in no other paper to the Internal Revenue § 10.50 Sanctions. event later than 30 days. Service— (a) Authority to censure, suspend, or (c) Copies of the written consents (i) The purpose of which is to delay disbar. The Secretary of the Treasury, or must be retained by the practitioner for or impede the administration of the delegate, after notice and an opportunity at least 36 months from the date of the Federal tax laws; for a proceeding, may censure, suspend, conclusion of the representation of the (ii) That is frivolous; or or disbar any practitioner from practice affected clients, and the written (iii) That contains or omits before the Internal Revenue Service if consents must be provided to any officer information in a manner that the practitioner is shown to be
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incompetent or disreputable (within the on an employer, firm or other entity assessment or payment of any Federal meaning of § 10.51), fails to comply under paragraph (c)(1)(ii) of this section. tax. with any regulation in this part (under (ii) Any monetary penalty imposed on (7) Willfully assisting, counseling, the prohibited conduct standards of an employer, firm or other entity may be encouraging a client or prospective § 10.52), or with intent to defraud, in addition to or in lieu of penalties client in violating, or suggesting to a willfully and knowingly misleads or imposed under paragraph (c)(1)(i) of this client or prospective client to violate, threatens a client or prospective client. section. any Federal tax law, or knowingly Censure is a public reprimand. (d) Sanctions to be imposed. The counseling or suggesting to a client or (b) Authority to disqualify. The sanctions imposed by this section shall prospective client an illegal plan to Secretary of the Treasury, or delegate, take into account all relevant facts and evade Federal taxes or payment thereof. after due notice and opportunity for circumstances. (8) Misappropriation of, or failure hearing, may disqualify any appraiser (e) Effective/applicability date. This properly or promptly to remit, funds for a violation of these rules as section is applicable to conduct received from a client for the purpose of applicable to appraisers. occurring on or after September 26, payment of taxes or other obligations (1) If any appraiser is disqualified 2007, except paragraph (c) which due the United States. pursuant to this subpart C, the appraiser applies to prohibited conduct that (9) Directly or indirectly attempting to influence, or offering or agreeing to is barred from presenting evidence or occurs after October 22, 2004. testimony in any administrative attempt to influence, the official action I proceeding before the Department of the Par. 18. Section 10.51 is revised to of any officer or employee of the Treasury or the Internal Revenue read as follows: Internal Revenue Service by the use of Service, unless and until authorized to § 10.51 Incompetence and disreputable threats, false accusations, duress or do so by the Director of the Office of conduct. coercion, by the offer of any special inducement or promise of an advantage, Professional Responsibility pursuant to (a) Incompetence and disreputable or by the bestowing of any gift, favor or § 10.81, regardless of whether the conduct. Incompetence and thing of value. evidence or testimony would pertain to disreputable conduct for which a an appraisal made prior to or after the (10) Disbarment or suspension from practitioner may be sanctioned under practice as an attorney, certified public effective date of disqualification. § 10.50 includes, but is not limited to— (2) Any appraisal made by a accountant, public accountant or (1) Conviction of any criminal offense disqualified appraiser after the effective actuary by any duly constituted under the Federal tax laws. date of disqualification will not have authority of any State, territory, or (2) Conviction of any criminal offense any probative effect in any possession of the United States, involving dishonesty or breach of trust. administrative proceeding before the including a Commonwealth, or the (3) Conviction of any felony under Department of the Treasury or the District of Columbia, any Federal court Federal or State law for which the Internal Revenue Service. An appraisal of record or any Federal agency, body or conduct involved renders the otherwise barred from admission into board. practitioner unfit to practice before the evidence pursuant to this section may (11) Knowingly aiding and abetting Internal Revenue Service. be admitted into evidence solely for the another person to practice before the purpose of determining the taxpayer’s (4) Giving false or misleading Internal Revenue Service during a reliance in good faith on such appraisal. information, or participating in any way period of suspension, disbarment or (c) Authority to impose monetary in the giving of false or misleading ineligibility of such other person. penalty—(1) In general. (i) The information to the Department of the (12) Contemptuous conduct in Secretary of the Treasury, or delegate, Treasury or any officer or employee connection with practice before the after notice and an opportunity for a thereof, or to any tribunal authorized to Internal Revenue Service, including the proceeding, may impose a monetary pass upon Federal tax matters, in use of abusive language, making false penalty on any practitioner who engages connection with any matter pending or accusations or statements, knowing in conduct subject to sanction under likely to be pending before them, them to be false or circulating or paragraph (a) of this section. knowing the information to be false or publishing malicious or libelous matter. (ii) If the practitioner described in misleading. Facts or other matters (13) Giving a false opinion, paragraph (c)(1)(i) of this section was contained in testimony, Federal tax knowingly, recklessly, or through gross acting on behalf of an employer or any returns, financial statements, incompetence, including an opinion firm or other entity in connection with applications for enrollment, affidavits, which is intentionally or recklessly the conduct giving rise to the penalty, declarations, and any other document or misleading, or engaging in a pattern of the Secretary of the Treasury, or statement, written or oral, are included providing incompetent opinions on delegate, may impose a monetary in the term ‘‘information.’’ questions arising under the Federal tax penalty on the employer, firm, or entity (5) Solicitation of employment as laws. False opinions described in this if it knew, or reasonably should have prohibited under § 10.30, the use of paragraph (a)(13) include those which known, of such conduct. false or misleading representations with reflect or result from a knowing (2) Amount of penalty. The amount of intent to deceive a client or prospective misstatement of fact or law, from an the penalty shall not exceed the gross client in order to procure employment, assertion of a position known to be income derived (or to be derived) from or intimating that the practitioner is able unwarranted under existing law, from the conduct giving rise to the penalty. improperly to obtain special counseling or assisting in conduct (3) Coordination with other sanctions. consideration or action from the Internal known to be illegal or fraudulent, from Subject to paragraph (c)(2) of this Revenue Service or any officer or concealing matters required by law to be section— employee thereof. revealed, or from consciously (i) Any monetary penalty imposed on (6) Willfully failing to make a Federal disregarding information indicating that a practitioner under this paragraph (c) tax return in violation of the Federal tax material facts expressed in the opinion may be in addition to or in lieu of any laws, or willfully evading, attempting to or offering material are false or suspension, disbarment or censure and evade, or participating in any way in misleading. For purposes of this may be in addition to a penalty imposed evading or attempting to evade any paragraph (a)(13), reckless conduct is a
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highly unreasonable omission or Internal Revenue Service having § 10.61 Conferences. misrepresentation involving an extreme information of a violation of any (a) In general. The Director of the departure from the standards of provision of this part may make an oral Office of Professional Responsibility ordinary care that a practitioner should or written report of the alleged violation may confer with a practitioner, observe under the circumstances. A to the Director of the Office of employer, firm or other entity, or an pattern of conduct is a factor that will Professional Responsibility or any appraiser concerning allegations of be taken into account in determining officer or employee of the Internal misconduct irrespective of whether a whether a practitioner acted knowingly, Revenue Service. If the report is made proceeding has been instituted. If the recklessly, or through gross to an officer or employee of the Internal conference results in a stipulation in incompetence. Gross incompetence Revenue Service, the officer or connection with an ongoing proceeding includes conduct that reflects gross employee will make a written report of in which the practitioner, employer, indifference, preparation which is the suspected violation to the Director firm or other entity, or appraiser is the grossly inadequate under the of the Office of Professional respondent, the stipulation may be circumstances, and a consistent failure Responsibility. entered in the record by either party to to perform obligations to the client. (c) Destruction of report. No report the proceeding. (14) Willfully failing to sign a tax made under paragraph (a) or (b) of this (b) Voluntary sanction—(1) In general. In lieu of a proceeding being instituted return prepared by the practitioner section shall be maintained by the or continued under § 10.60(a), a when the practitioner’s signature is Director of the Office of Professional practitioner or appraiser (or employer, required by the Federal tax laws unless Responsibility unless retention of the firm or other entity, if applicable) may the failure is due to reasonable cause report is permissible under the offer a consent to be sanctioned under and not due to willful neglect. applicable records control schedule as § 10.50. (15) Willfully disclosing or otherwise approved by the National Archives and using a tax return or tax return (2) Discretion; acceptance or Records Administration and designated declination. The Director of the Office of information in a manner not authorized in the Internal Revenue Manual. The by the Internal Revenue Code, contrary Professional Responsibility may, in his Director of the Office of Professional or her discretion, accept or decline the to the order of a court of competent Responsibility must destroy the reports jurisdiction, or contrary to the order of offer described in paragraph (b)(1) of as soon as permissible under the this section. In any declination, the an administrative law judge in a applicable records control schedule. proceeding instituted under § 10.60. Director of the Office of Professional (b) Effective/applicability date. This (d) Effect on proceedings under Responsibility may state that he or she section is applicable to conduct subpart D. The destruction of any report would accept the offer described in occurring on or after September 26, will not bar any proceeding under paragraph (b)(1) of this section if it 2007. subpart D of this part, but will preclude contained different terms. The Director I Par. 19. Section 10.52 is revised to the Director of the Office of Professional of the Office of Professional read as follows: Responsibility’s use of a copy of the Responsibility may, in his or her report in a proceeding under subpart D discretion, accept or reject a revised § 10.52 Violations subject to sanction. of this part. offer submitted in response to the (a) A practitioner may be sanctioned (e) Effective/applicability date. This declination or may counteroffer and act under § 10.50 if the practitioner— section is applicable on September 26, upon any accepted counteroffer. (1) Willfully violates any of the 2007. (c) Effective/applicability date. This regulations (other than § 10.33) section is applicable on September 26, I contained in this part; or Par. 21. Section 10.60 is amended by 2007. (2) Recklessly or through gross revising paragraph (a) and adding I Par. 23. Section 10.62 is revised to incompetence (within the meaning of paragraph (d) to read as follows: read as follows: § 10.51(a)(13)) violates §§ 10.34, 10.35, § 10.60 Institution of proceeding. 10.36 or 10.37. § 10.62 Contents of complaint. (b) Effective/applicability date. This (a) Whenever the Director of the (a) Charges. A complaint must name section is applicable to conduct Office of Professional Responsibility the respondent, provide a clear and occurring on or after September 26, determines that a practitioner (or concise description of the facts and law 2007. employer, firm or other entity, if that constitute the basis for the I Par. 20. Section 10.53 is revised to applicable) violated any provision of the proceeding, and be signed by the read as follows: laws governing practice before the Director of the Office of Professional Internal Revenue Service or the Responsibility or a person representing § 10.53 Receipt of information concerning regulations in this part, the Director of the Director of the Office of Professional practitioner. the Office of Professional Responsibility Responsibility under § 10.69(a)(1). A (a) Officer or employee of the Internal may reprimand the practitioner or, in complaint is sufficient if it fairly Revenue Service. If an officer or accordance with § 10.62, institute a informs the respondent of the charges employee of the Internal Revenue proceeding for a sanction described in brought so that the respondent is able to Service has reason to believe that a § 10.50. A proceeding is instituted by prepare a defense. practitioner has violated any provision the filing of a complaint, the contents of (b) Specification of sanction. The of this part, the officer or employee will which are more fully described in complaint must specify the sanction promptly make a written report to the § 10.62. sought by the Director of the Office of Director of the Office of Professional * * * * * Professional Responsiblity against the Responsibility of the suspected practitioner or appraiser. If the sanction (d) Effective/applicability date. This violation. The report will explain the sought is a suspension, the duration of section is applicable on September 26, facts and reasons upon which the the suspension sought must be 2007. officer’s or employee’s belief rests. specified. (b) Other persons. Any person other I Par. 22. Section 10.61 is revised to (c) Demand for answer. The Director than an officer or employee of the read as follows: of the Office of Professional
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Responsibility must, in the complaint or belief, when the respondent possesses good cause and with notice to the in a separate paper attached to the such information; or parties, permit oral motions and oral complaint, notify the respondent of the (2) It appears that the respondent has opposition to motions. time for answering the complaint, knowingly introduced false testimony (2) The Administrative Law Judge which may not be less than 30 days during the proceedings against the may, within his or her discretion, from the date of service of the respondent. permit oral argument on any motion. complaint, the name and address of the (b) Hearing. The supplemental (d) Orders. The Administrative Law Administrative Law Judge with whom charges may be heard with other charges Judge should issue written orders the answer must be filed, the name and in the case, provided the respondent is disposing of any motion or request and address of the person representing the given due notice of the charges and is any response thereto. Director of the Office of Professional afforded a reasonable opportunity to (e) Effective/applicability date. This Responsibility to whom a copy of the prepare a defense to the supplemental section is applicable on September 26, answer must be served, and that a charges. 2007. decision by default may be rendered (c) Effective/applicability date. This I Par. 27. Section 10.70 is amended by against the respondent in the event an section is applicable on September 26, revising paragraphs (a) and (b)(6) and answer is not filed as required. 2007. adding paragraph (c) to read as follows: (d) Effective/applicability date. This I Par. 26. Section 10.68 is revised to section is applicable to complaints read as follows: § 10.70 Administrative Law Judge. (a) Appointment. Proceedings on brought on or after September 26, 2007. § 10.68 Motions and requests. complaints for the sanction (as I Par. 24. Section 10.63 is amended by: (a) Motions—(1) In general. At any I 1. Revising the section heading and described in § 10.50) of a practitioner, time after the filing of the complaint, employer, firm or other entity, or paragraph (a)(4). any party may file a motion with the I 2. Redesignating paragraph (d) as appraiser will be conducted by an Administrative Law Judge. Unless Administrative Law Judge appointed as paragraph (e). otherwise ordered by the Administrative I 3. Adding new paragraphs (d) and (f). provided by 5 U.S.C. 3105. Law Judge, motions must be in writing (b) * * * The revision and additions read as and must be served on the opposing follows: (6) Take or authorize the taking of party as provided in § 10.63(b). A depositions or answers to requests for § 10.63 Service of complaint; service of motion must concisely specify its admission; grounds and the relief sought, and, if other papers; service of evidence in * * * * * support of complaint; filing of papers. appropriate, must contain a (c) Effective/applicability date. This memorandum of facts and law in (a) * * * section is applicable on September 26, support. (4) For purposes of this section, 2007. respondent means the practitioner, (2) Summary adjudication. Either employer, firm or other entity, or party may move for a summary § 10.73 [Removed] adjudication upon all or any part of the appraiser named in the complaint or I Par. 28a. Section 10.73 is removed. any other person having the authority to legal issues in controversy. If the non- I Par. 28b. Sections 10.71 and 10.72 are accept mail on behalf of the practitioner, moving party opposes summary redesignated as §§ 10.72 and 10.73, employer, firm or other entity, or adjudication in the moving party’s respectively. appraiser. favor, the non-moving party must file a written response within 30 days unless I Par. 29. New § 10.71 is added to read * * * * * ordered otherwise by the Administrative as follows: (d) Service of evidence in support of Law Judge. complaint. Within 10 days of serving (3) Good Faith. A party filing a motion § 10.71 Discovery. the complaint, copies of the evidence in for extension of time, a motion for (a) In general. Discovery may be support of the complaint must be served postponement of a hearing, or any other permitted, at the discretion of the on the respondent in any manner non-dispositive or procedural motion Administrative Law Judge, only upon described in paragraphs (a)(2) and (3) of must first contact the other party to written motion demonstrating the this section. determine whether there is any relevance, materiality and * * * * * objection to the motion, and must state reasonableness of the requested (f) Effective/applicability date. This in the motion whether the other party discovery and subject to the section is applicable to complaints has an objection. requirements of § 10.72(d)(2) and (3). brought on or after September 26, 2007. (b) Response. Unless otherwise Within 10 days of receipt of the answer, I Par. 25. Section 10.65 is revised to ordered by the Administrative Law the Administrative Law Judge will read as follows: Judge, the nonmoving party is not notify the parties of the right to request required to file a response to a motion. discovery and the timeframes for filing § 10.65 Supplemental charges. If the Administrative Law Judge does a request. A request for discovery, and (a) In general. The Director of the not order the nonmoving party to file a objections, must be filed in accordance Office of Professional Responsibility response, and the nonmoving party files with § 10.68. In response to a request for may file supplemental charges, by no response, the nonmoving party is discovery, the Administrative Law amending the complaint with the deemed to oppose the motion. If a Judge may order— permission of the Administrative Law nonmoving party does not respond (1) Depositions upon oral Judge, against the respondent, if, for within 30 days of the filing of a motion examination; or example— for decision by default for failure to file (2) Answers to requests for admission. (1) It appears that the respondent, in a timely answer or for failure to (b) Depositions upon oral the answer, falsely and in bad faith, prosecute, the nonmoving party is examination—(1) A deposition must be denies a material allegation of fact in the deemed not to oppose the motion. taken before an officer duly authorized complaint or states that the respondent (c) Oral motions; oral argument—(1) to administer an oath for general has insufficient knowledge to form a The Administrative Law Judge may, for purposes or before an officer or
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employee of the Internal Revenue I 1. Redesignating paragraphs (b), (c) (c) Prehearing memorandum. Unless Service who is authorized to administer and (d) as paragraphs (d), (e) and (f), otherwise ordered by the Administrative an oath in Federal tax law matters. respectively. Law Judge, each party shall file, and (2) In ordering a deposition, the I 2. Revising paragraph (a) and newly serve on the opposing party or the Administrative Law Judge will require designated paragraph (d). opposing party’s representative, prior to reasonable notice to the opposing party I 3. Adding new paragraphs (b), (c) and any hearing, a prehearing memorandum as to the time and place of the (g). containing— deposition. The opposing party, if The additions and revisions read as (1) A list (together with a copy) of all attending, will be provided the follows: proposed exhibits to be used in the opportunity for full examination and party’s case in chief; § 10.72 Hearings. cross-examination of any witness. (2) A list of proposed witnesses, (3) Expenses in the reporting of (a) In general—(1) Presiding officer. including a synopsis of their expected depositions shall be borne by the party An Administrative Law Judge will testimony, or a statement that no at whose instance the deposition is preside at the hearing on a complaint witnesses will be called; taken. Travel expenses of the deponent filed under § 10.60 for the sanction of a (3) Identification of any proposed shall be borne by the party requesting practitioner, employer, firm or other expert witnesses, including a synopsis the deposition, unless otherwise entity, or appraiser. of their expected testimony and a copy authorized by Federal law or regulation. (2) Time for hearing. Absent a of any report prepared by the expert or (c) Requests for admission. Any party determination by the Administrative at his or her direction; and may serve on any other party a written Law Judge that, in the interest of justice, (4) A list of undisputed facts. request for admission of the truth of any a hearing must be held at a later time, (d) Publicity—(1) In general. All matters which are not privileged and are the Administrative Law Judge should, reports and decisions of the Secretary of relevant to the subject matter of this on notice sufficient to allow proper the Treasury, or delegate, including any proceeding. Requests for admission preparation, schedule the hearing to reports and decisions of the shall not exceed a total of 30 (including occur no later than 180 days after the Administrative Law Judge, under this any subparts within a specific request) time for filing the answer. subpart D are, subject to the protective without the approval from the (3) Procedural requirements. (i) measures in paragraph (d)(4) of this Administrative Law Judge. Hearings will be stenographically section, public and open to inspection (d) Limitations. Discovery shall not be recorded and transcribed and the within 30 days after the agency’s authorized if— testimony of witnesses will be taken decision becomes final. (1) The request fails to meet any under oath or affirmation. (2) Request for additional publicity. requirement set forth in paragraph (a) of (ii) Hearings will be conducted The Administrative Law Judge may this section; pursuant to 5 U.S.C. 556. grant a request by a practitioner or (2) It will unduly delay the (iii) A hearing in a proceeding appraiser that all the pleadings and proceeding; requested under § 10.82(g) will be evidence of the disciplinary proceeding (3) It will place an undue burden on conducted de novo. be made available for inspection where the party required to produce the (iv) An evidentiary hearing must be the parties stipulate in advance to adopt discovery sought; held in all proceedings prior to the the protective measures in paragraph (4) It is frivolous or abusive; issuance of a decision by the (d)(4) of this section. (5) It is cumulative or duplicative; Administrative Law Judge unless— (3) Returns and return information— (6) The material sought is privileged (A) The Director of the Office of (i) Disclosure to practitioner or or otherwise protected from disclosure Professional Responsibility withdraws appraiser. Pursuant to section 6103(l)(4) by law; the complaint; of the Internal Revenue Code, the (7) The material sought relates to (B) A decision is issued by default Secretary of the Treasury, or delegate, mental impressions, conclusions, or pursuant to § 10.64(d); may disclose returns and return legal theories of any party, attorney, or (C) A decision is issued under information to any practitioner or other representative, of a party prepared § 10.82(e); appraiser, or to the authorized in anticipation of a proceeding; or (D) The respondent requests a representative of the practitioner or (8) The material sought is available decision on the written record without appraiser, whose rights are or may be generally to the public, equally to the a hearing; or affected by an administrative action or parties, or to the party seeking the (E) The Administrative Law Judge proceeding under this subpart D, but discovery through another source. issues a decision under § 10.68(d) or solely for use in the action or (e) Failure to comply. Where a party rules on another motion that disposes of proceeding and only to the extent that fails to comply with an order of the the case prior to the hearing. the Secretary of the Treasury, or Administrative Law Judge under this (b) Cross-examination. A party is delegate, determines that the returns or section, the Administrative Law Judge entitled to present his or her case or return information are or may be may, among other things, infer that the defense by oral or documentary relevant and material to the action or information would be adverse to the evidence, to submit rebuttal evidence, proceeding. party failing to provide it, exclude the and to conduct cross-examination, in (ii) Disclosure to officers and information from evidence or issue a the presence of the Administrative Law employees of the Department of the decision by default. Judge, as may be required for a full and Treasury. (f) Other discovery. No discovery true disclosure of the facts. This Pursuant to section 6103(l)(4)(B) of other than that specifically provided for paragraph (b) does not limit a party from the Internal Revenue Code, the in this section is permitted. presenting evidence contained within a Secretary of the Treasury, or delegate, (g) Effective/applicability date. This deposition when the Administrative may disclose returns and return section is applicable to proceedings Law Judge determines that the information to officers and employees of initiated on or after September 26, 2007. deposition has been obtained in the Department of the Treasury for use I Par. 30. Newly designated § 10.72 is compliance with the rules of this in any action or proceeding under this amended by: subpart D. subpart D, to the extent necessary to
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advance or protect the interests of the with, or respond in accordance with, the findings and conclusions timely United States. procedure involved. submitted by the parties, the (iii) Use of returns and return (iv) Public inspection of documents. Administrative Law Judge should enter information. Recipients of returns and The Secretary of the Treasury, or a decision in the case. The decision return information under this paragraph delegate, shall ensure that all names, must include a statement of findings (d)(3) may use the returns or return addresses or other identifying details of and conclusions, as well as the reasons information solely in the action or third party taxpayers are redacted and or basis for making such findings and proceeding, or in preparation for the replaced with the code assigned to the conclusions, and an order of censure, action or proceeding, with respect to corresponding taxpayer in all suspension, disbarment, monetary which the disclosure was made. documents prior to public inspection of penalty, disqualification, or dismissal of (iv) Procedures for disclosure of such documents. the complaint. returns and return information. When * * * * * (2) Summary adjudication. In the providing returns or return information (g) Effective/applicability date. This event that a motion for summary to the practitioner or appraiser, or section is applicable on September 26, adjudication is filed, the Administrative authorized representative, the Secretary 2007. Law Judge should rule on the motion for summary adjudication within 60 days of the Treasury, or delegate, will— I (A) Redact identifying information of Par. 31. Newly designated § 10.73 is after the party in opposition files a any third party taxpayers and replace it amended by: written response, or if no written I with a code; 1. Redesignating paragraphs (c), (d), response is filed, within 90 days after (B) Provide a key to the coded and (e) as paragraphs (d), (e), and (f), the motion for summary adjudication is information; and respectively. filed. A decision shall thereafter be I (C) Notify the practitioner or 2. Revising paragraph (b) and newly rendered if the pleadings, depositions, appraiser, or authorized representative, designated paragraph (d). admissions, and any other admissible I of the restrictions on the use and 3. Adding new paragraphs (c) and (g). evidence show that there is no genuine disclosure of the returns and return The revisions and additions read as issue of material fact and that a decision information, the applicable damages follows: may be rendered as a matter of law. The remedy under section 7431 of the § 10.73 Evidence. decision must include a statement of Internal Revenue Code, and that conclusions, as well as the reasons or * * * * * unauthorized disclosure of information basis for making such conclusions, and (b) Depositions. The deposition of any provided by the Internal Revenue an order of censure, suspension, witness taken pursuant to § 10.71 may Service under this paragraph (d)(3) is disbarment, monetary penalty, be admitted into evidence in any also a violation of this part. disqualification, or dismissal of the proceeding instituted under § 10.60. (4) Protective measures—(i) complaint. Mandatory protective order. If redaction (c) Requests for admission. Any (3) Returns and return information. In of names, addresses, and other matter admitted in response to a request the decision, the Administrative Law identifying information of third party for admission under § 10.71 is Judge should use the code assigned to taxpayers may still permit indirect conclusively established unless the third party taxpayers (described in identification of any third party Administrative Law Judge on motion § 10.72(d)). taxpayer, the Administrative Law Judge permits withdrawal or modification of (b) Standard of proof. If the sanction will issue a protective order to ensure the admission. Any admission made by is censure or a suspension of less than that the identifying information is a party is for the purposes of the six months’ duration, the available to the parties and the pending action only and is not an Administrative Law Judge, in rendering Administrative Law Judge for purposes admission by a party for any other findings and conclusions, will consider of the proceeding, but is not disclosed purpose, nor may it be used against a an allegation of fact to be proven if it is to, or open to inspection by, the public. party in any other proceeding. established by the party who is alleging (ii) Authorized orders. (A) Upon (d) Proof of documents. Official the fact by a preponderance of the motion by a party or any other affected documents, records, and papers of the evidence in the record. If the sanction person, and for good cause shown, the Internal Revenue Service and the Office is a monetary penalty, disbarment or a Administrative Law Judge may make of Professional Responsibility are suspension of six months or longer any order which justice requires to admissible in evidence without the duration, an allegation of fact that is protect any person in the event production of an officer or employee to necessary for a finding against the disclosure of information is prohibited authenticate them. Any documents, practitioner must be proven by clear and by law, privileged, confidential, or records, and papers may be evidenced convincing evidence in the record. An sensitive in some other way, including, by a copy attested to or identified by an allegation of fact that is necessary for a but not limited to, one or more of the officer or employee of the Internal finding of disqualification against an following— Revenue Service or the Treasury appraiser must be proven by clear and (1) That disclosure of information be Department, as the case may be. convincing evidence in the record. made only on specified terms and * * * * * (c) Copy of decision. The conditions, including a designation of (g) Effective/applicability date. This Administrative Law Judge will provide the time or place; section is applicable on September 26, the decision to the Director of the Office (2) That a trade secret or other 2007. of Professional Responsibility, with a information not be disclosed, or be I Par. 32. Section 10.76 is revised to copy to the Director’s authorized disclosed only in a designated way. read as follows: representative, and a copy of the (iii) Denials. If a motion for a decision to the respondent or the protective order is denied in whole or § 10.76 Decision of Administrative Law respondent’s authorized representative. in part, the Administrative Law Judge Judge. (d) When final. In the absence of an may, on such terms or conditions as the (a) In general— (1) Hearings. Within appeal to the Secretary of the Treasury Administrative Law Judge deems just, 180 days after the conclusion of a or delegate, the decision of the order any party or person to comply hearing and the receipt of any proposed Administrative Law Judge will, without
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further proceedings, become the (c) Copy of decision on review. The (1) Enrolled agents, including decision of the agency 30 days after the Secretary of the Treasury, or delegate, individuals— date of the Administrative Law Judge’s will provide copies of the agency (i) Granted active enrollment to decision. decision to the Director of the Office of practice; (e) Effective/applicability date. This Professional Responsibility and the (ii) Whose enrollment has been placed section is applicable to proceedings respondent or the respondent’s in inactive status for failure to meet the initiated on or after September 26, 2007. authorized representative. requirements for renewal of enrollment; I Par. 33. Section 10.77 is revised to (d) Effective/applicability date. This (iii) Whose enrollment has been read as follows: section is applicable on September 26, placed in inactive retirement status; and 2007. (iv) Whose offer of consent to resign § 10.77 Appeal of decision of I from enrollment has been accepted by Administrative Law Judge. Par. 35. Section 10.82 is amended by: I 1. Revising the section heading and the Director of the Office of Professional (a) Appeal. Any party to the paragraph (b). Responsibility under § 10.61; proceeding under this subpart D may I 2. Adding paragraph (h). (2) Individuals (and employers, firms file an appeal of the decision of the The revisions and addition read as or other entities, if applicable) censured, Administrative Law Judge with the follows: suspended, or disbarred from practice Secretary of the Treasury, or delegate. before the Internal Revenue Service or The appeal must include a brief that § 10.82 Expedited suspension. upon whom a monetary penalty was states exceptions to the decision of the * * * * * imposed; Administrative Law Judge and (b) To whom applicable. This section (3) Disqualified appraisers; and supporting reasons for such exceptions. applies to any practitioner who, within (4) Enrolled retirement plan agents, (b) Time and place for filing of five years of the date a complaint including individuals— appeal. The appeal and brief must be instituting a proceeding under this (i) Granted active enrollment to filed, in duplicate, with the Director of section is served: practice; the Office of Professional Responsibility (1) Has had a license to practice as an (ii) Whose enrollment has been placed within 30 days of the date that the attorney, certified public accountant, or in inactive status for failure to meet the decision of the Administrative Law actuary suspended or revoked for cause requirements for renewal of enrollment; Judge is served on the parties. The (not including failure to pay a (iii) Whose enrollment has been Director of the Office of Professional professional licensing fee) by any placed in inactive retirement status; and Responsibility will immediately furnish authority or court, agency, body, or (iv) Whose offer of consent to resign a copy of the appeal to the Secretary of board described in § 10.51(a)(10). from enrollment has been accepted by the Treasury or delegate who decides (2) Has, irrespective of whether an the Director of the Office of Professional appeals. A copy of the appeal for review appeal has been taken, been convicted Responsibility under § 10.61. must be sent to any non-appealing of any crime under title 26 of the United (b) Other records. Other records of the party. If the Director of the Office of States Code, any crime involving Director of the Office of Professional Professional Responsibility files an dishonesty or breach of trust, or any Responsibility may be disclosed upon appeal, he or she will provide a copy of felony for which the conduct involved specific request, in accordance with the the appeal and certify to the respondent renders the practitioner unfit to practice applicable law. that the appeal has been filed. before the Internal Revenue Service. (b) Effective/applicability date. This (c) Effective/applicability date. This (3) Has violated conditions imposed section is applicable on September 26, section is applicable on September 26, on the practitioner pursuant to 2007. 2007. § 10.79(d). I Par. 36. Section 10.91 is revised to I Par. 34. Section 10.78 is revised to (4) Has been sanctioned by a court of read as follows: read as follows: competent jurisdiction, whether in a civil or criminal proceeding (including § 10.91 Saving provision. § 10.78 Decision on review. suits for injunctive relief), relating to Any proceeding instituted under this (a) Decision on review. On appeal any taxpayer’s tax liability or relating to part prior to July 26, 2002, for which a from or review of the decision of the the practitioner’s own tax liability, for— final decision has not been reached or Administrative Law Judge, the Secretary (i) Instituting or maintaining for which judicial review is still of the Treasury, or delegate, will make proceedings primarily for delay; available will not be affected by these the agency decision. The Secretary of (ii) Advancing frivolous or groundless revisions. Any proceeding under this the Treasury, or delegate, should make arguments; or part based on conduct engaged in prior the agency decision within 180 days (iii) Failing to pursue available to September 26, 2007, which is after receipt of the appeal. administrative remedies. instituted after that date, will apply (b) Standard of review. The decision * * * * * subpart D and E or this part as revised, of the Administrative Law Judge will (h) Effective/applicability date. This but the conduct engaged in prior to the not be reversed unless the appellant section is applicable on September 26, effective date of these revisions will be establishes that the decision is clearly 2007. judged by the regulations in effect at the erroneous in light of the evidence in the I Par. 36. Section 10.90 is revised to time the conduct occurred. record and applicable law. Issues that read as follows: Linda E. Stiff, are exclusively matters of law will be reviewed de novo. In the event that the § 10.90 Records. Acting Deputy Commissioner for Services and Enforcement. Secretary of the Treasury, or delegate, (a) Roster. The Director of the Office determines that there are unresolved of Professional Responsibility will Approved: September 19, 2007. issues raised by the record, the case may maintain, and may make available for Robert Hoyt, be remanded to the Administrative Law public inspection in the time and General Counsel, Office of the Secretary. Judge to elicit additional testimony or manner prescribed by the Secretary of [FR Doc. E7–18918 Filed 9–25–07; 8:45 am] evidence. the Treasury, or delegate, rosters of— BILLING CODE 4830–01–P
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ENVIRONMENTAL PROTECTION the person listed in the FOR FURTHER Docket: All documents in the docket AGENCY INFORMATION CONTACT paragraph below. are listed in the http:// (3) U.S. EPA Region 6 ‘‘Contact Us’’ www.regulations.gov index. Although 40 CFR Part 52 Web site: http://www.epa.gov/region6/ listed in the index, some information is [EPA–R06–OAR–2007–0886; FRL–8473–3] r6coment.htm. Please click on ‘‘6PD’’ not publicly available, e.g., CBI or other (Multimedia) and select ‘‘Air’’ before information the disclosure of which is Approval and Promulgation of submitting comments. restricted by statute. Certain other Implementation Plans; Arkansas; (4) Fax: Mr. Jeff Robinson, Chief, Air material, such as copyrighted material, Clean Air Interstate Rule Nitrogen Permits Section (6PD–R), at fax number will be publicly available only in hard Oxides Ozone Season Trading 214–665–6762. copy. Publicly available docket Program (5) Mail: Mr. Jeff Robinson, Chief, Air materials are available either Permits Section (6PD–R), Environmental electronically in http:// AGENCY: Environmental Protection Protection Agency, 1445 Ross Avenue, www.regulations.gov or in hard copy at Agency (EPA). Suite 1200, Dallas, Texas 75202–2733. the Air Permits Section (6PD–R), ACTION: Direct final rule. (6) Hand or Courier Delivery: Mr. Jeff Environmental Protection Agency, 1445 Robinson, Chief, Air Permits Section Ross Avenue, Suite 700, Dallas, Texas SUMMARY: EPA is taking a direct final (6PD–R), Environmental Protection action to approve a revision to the 75202–2733. The file will be made Agency, 1445 Ross Avenue, Suite 1200, available by appointment for public Arkansas State Implementation Plan Dallas, Texas 75202–2733. Such inspection in the Region 6 FOIA Review (SIP) submitted on August 10, 2007, deliveries are accepted only between the Room between the hours of 8:30 a.m. enacted at Regulation 19—Arkansas hours of 8:30 a.m. and 4:30 p.m. and 4:30 p.m. weekdays except for legal Plan of Implementation for Air weekdays except for legal holidays. holidays. Contact the person listed in Pollution Control; Chapter 14, Sections Special arrangements should be made the FOR FURTHER INFORMATION CONTACT 19.1401–19.1404; and Chapter 15, for deliveries of boxed information. Section 19.1501. This revision addresses Instructions: Direct your comments to section of this Federal Register to make the requirements of EPA’s Clean Air Docket ID No. EPA–R06–OAR–2007– an appointment. If possible, please Interstate Rule (CAIR) Nitrogen Oxides 0886. EPA’s policy is that all comments make the appointment at least two (NOX) Ozone Season Trading Program, received will be included in the public working days in advance of your visit. promulgated on May 12, 2005 and docket without change and may be A 15 cent per page fee will be charged subsequently revised on April 28 and made available online at http:// for making photocopies of documents. December 13, 2006. EPA is approving www.regulations.gov, including any On the day of the visit, please check in the SIP revision as fully implementing personal information provided, unless at the EPA Region 6 reception area on the CAIR NOX ozone season the comment includes information the seventh floor at 1445 Ross Avenue, requirements for Arkansas. Therefore, as claimed to be Confidential Business Suite 700, Dallas, Texas. a consequence of this SIP approval, EPA Information (CBI) or other information The State submittal related to this SIP will also withdraw the CAIR Federal the disclosure of which is restricted by revision, and which is part of the EPA Implementation Plan (CAIR FIP) statute. Do not submit information docket, is also available for public concerning NOX ozone season emissions through http://www.regulations.gov or inspection at the State Air Agency listed for Arkansas. The CAIR FIPs for all e-mail, if you believe that it is CBI or below during official business hours by States in the CAIR region were otherwise protected from disclosure. appointment: Arkansas Department of promulgated on April 28, 2006 and The http://www.regulations.gov Web Environmental Quality, Air Division, subsequently revised on December 13, site is an ‘‘anonymous access’’ system, 8001 National Drive, P.O. Box 8913, 2006. which means that EPA will not know Little Rock, Arkansas 72219–8913. The intended effect of this action is to your identity or contact information FOR FURTHER INFORMATION CONTACT: If reduce NOX emissions from the State of unless you provide it in the body of you have questions concerning today’s Arkansas that are contributing to your comment. If you send an e-mail action, please contact Ms. Adina Wiley, nonattainment of the 8-hour ozone comment directly to EPA without going Air Permits Section (6PD–R), National Ambient Air Quality Standard through http://www.regulations.gov, Environmental Protection Agency, (NAAQS or standard) in downwind your e-mail address will be Region 6, 1445 Ross Avenue, Suite states. This action is being taken under automatically captured and included as 1200, Dallas, TX 75202–2733. The section 110 of the Federal Clean Air Act part of the comment that is placed in the telephone number is (214) 665–2115. (the Act or CAA). public docket and made available on the Ms. Wiley can also be reached via DATES: This rule is effective on Internet. If you submit an electronic electronic mail at [email protected]. November 26, 2007 without further comment, EPA recommends that you SUPPLEMENTARY INFORMATION: notice, unless EPA receives relevant include your name and other contact Throughout this document wherever adverse comment by October 26, 2007. information in the body of your any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is If EPA receives such comment, EPA will comment along with any disk or CD– used, we mean EPA. publish a timely withdrawal in the ROM submitted. If EPA cannot read Federal Register informing the public your comment due to technical Table of Contents that this rule will not take effect. difficulties and cannot contact you for I. What Action Is EPA Taking? ADDRESSES: Submit your comments, clarification, EPA may not be able to II. What Is the Regulatory History of CAIR identified by Docket ID No. EPA–R06– consider your comment. Electronic files and the CAIR FIPs? OAR–2007–0886, by one of the should avoid the use of special III. What Are the General Requirements of characters and any form of encryption CAIR and the CAIR FIPs? following methods: IV. What Are the Types of CAIR SIP (1) www.regulations.gov: Follow the and should be free of any defects or Submittals? on-line instructions for submitting viruses. For additional information V. What Is EPA’s Analysis of the Arkansas comments. about EPA’s public docket, visit the EPA CAIR NOX Ozone Season SIP Submittal (2) E-mail: Mr. Jeff Robinson at Docket Center homepage at http:// A. State Budget for NOX Ozone Season [email protected]. Please also cc www.epa.gov/epahome/dockets.htm. Allowance Allocations
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B. CAIR NOX Ozone Season Cap-and-Trade timely withdrawal in the Federal due in July 2000, 3 years after the Program Register informing the public that the promulgation of the 8-hour ozone and C. Applicability Provisions for Non-EGU rule will not take effect. We will address PM2.5 NAAQS. These findings started a NOX SIP Call Sources all public comments in a subsequent 2-year clock for EPA to promulgate a D. NOX Ozone Season Allowance Allocations final rule based on the proposed rule. Federal Implementation Plan (FIP) to E. Individual Opt-In Units We will not institute a second comment address the requirements of section VI. Final Action period on this action. Any parties 110(a)(2)(D). Under CAA section VII. Statutory and Executive Order Reviews interested in commenting must do so 110(c)(1), EPA may issue a FIP anytime now. Please note that if we receive after such findings are made and must I. What Action Is EPA Taking? adverse comment on an amendment, do so within two years unless a SIP EPA is taking direct final action to paragraph, or section of this rule and if revision correcting the deficiency is approve a revision to Arkansas’s SIP, that provision may be severed from the approved by EPA before the FIP is submitted on August 10, 2007, enacted remainder of the rule, we may adopt as promulgated. at Regulation 19—Arkansas Plan of final those provisions of the rule that are On April 28, 2006, EPA promulgated Implementation for Air Pollution not the subject of an adverse comment. CAIR FIPs for all States covered by Control; Chapter 14, Sections 19.1401– CAIR in order to ensure the emissions 19.1404; and Chapter 15, Section II. What Is the Regulatory History of reductions required by CAIR are 19.1501. In its SIP revision, Arkansas CAIR and the CAIR FIPs? achieved on schedule (71 FR 25328). would meet CAIR NOX ozone season The Clean Air Interstate Rule (CAIR) See 40 CFR 52.35 and 52.36. Each CAIR requirements by requiring certain was published by EPA on May 12, 2005 State is subject to the FIP until the State electric generating units (EGUs) to (70 FR 25162). In this rule, EPA fully adopts, and EPA approves, a SIP participate in the EPA-administered determined that 28 States and the revision meeting the requirements of CAIR cap-and-trade program addressing District of Columbia contribute CAIR. The CAIR FIPs require certain NOX ozone season emissions. The SIP as significantly to nonattainment and EGUs to participate in the EPA- revised that EPA is approving meets the interfere with maintenance of the administered CAIR SO2, NOX annual, applicable requirements of CAIR. Our national ambient air quality standards and NOX ozone season trading detailed analysis of this SIP revision is (NAAQS) for fine particles (PM2.5) and programs, as appropriate, found at 40 in the Technical Support Document /or 8-hour ozone in downwind States in CFR part 97. The CAIR FIP SO2, NOX (TSD) for the Arkansas CAIR NOX the eastern part of the country. As a annual, and NOX ozone season trading Ozone Season Trading Program. The result, EPA required those upwind programs impose essentially the same TSD is available as specified in the States to revise their SIPs to include requirements as, and are integrated section of this document identified as control measures that reduce emissions with, the respective CAIR SIP trading ADDRESSES. As a consequence of the SIP of SO2, which is a precursor to PM2.5 programs. The integration of the CAIR approval, the Administrator of EPA will formation, and/or NOX, which is a FIP and SIP trading programs means also issue a final rule to withdraw the precursor to both ozone and PM2.5 that these trading programs will work FIP concerning NOX ozone season formation. For jurisdictions that together to create effectively a single emissions for Arkansas. This action will contribute significantly to downwind trading program for each regulated delete and reserve 40 CFR 52.184 in part PM2.5 nonattainment, CAIR sets annual pollutant (SO2, NOX annual, and NOX 52. The withdrawal of the CAIR FIP for State-wide emission reduction ozone season) in all States covered by Arkansas is a conforming amendment requirements (i.e., budgets) for SO2 and the CAIR FIP or SIP trading program for that must be made once the SIP is annual State-wide emission reduction that pollutant. The CAIR FIPs also allow approved because EPA’s authority to requirements for NOX. Similarly, for States to submit abbreviated SIP issue the FIP was premised on a jurisdictions that contribute revisions that, if approved by EPA, will deficiency in the SIP for Arkansas. Once significantly to 8-hour ozone automatically replace or supplement the SIP is fully approved, EPA no longer nonattainment, CAIR sets State-wide certain CAIR FIP provisions, while the has authority for the FIP since the emission reduction requirements for CAIR FIPs remain in place for all other deficiency has been corrected. Thus, NOX for the ozone season (defined at 40 provisions. EPA will not have the option of CFR 97.302 as May 1st to September On April 28, 2006, EPA published maintaining the FIP following the full 30th). Under CAIR, States may two additional CAIR-related final rules SIP approval. Accordingly, EPA does implement these reduction that added the States of Delaware and not intend to offer an opportunity for a requirements by participating in the New Jersey to the list of States subject public hearing or an additional EPA-administered cap-and-trade to CAIR for PM2.5 and announced EPA’s opportunity for written public comment programs or by adopting any other final decisions on reconsideration of on the withdrawal of the FIP. control measures. Arkansas was found five issues, without making any We are publishing this rule without to significantly contribute to substantive changes to the CAIR prior proposal because we view this as nonattainment of the 8-hour ozone requirements (71 FR 25288 and 71 FR a noncontroversial amendment and standard in Texas, resulting in Arkansas 25304, respectively). On December 13, anticipate no relevant adverse being subject to the NOX ozone season 2006, EPA published minor, non- comments. However, in the proposed CAIR requirements. substantive revisions that serve to rules section of this Federal Register CAIR explains to subject States what clarify the CAIR and CAIR FIP publication, we are publishing a must be included in SIPs to address the regulations (71 FR 74792). separate document that will serve as the requirements of section 110(a)(2)(D) of proposal to approve the SIP revision if the Clean Air Act (CAA) with regard to III. What Are the General Requirements relevant adverse comments are received. interstate transport with respect to the of CAIR and the CAIR FIPs? This rule will be effective on November 8-hour ozone and PM2.5 NAAQS. EPA CAIR establishes State-wide emission 26, 2007 without further notice unless made national findings, effective on budgets for SO2 and NOX and is to be we receive relevant adverse comment by May 25, 2005, that the States had failed implemented in two phases. The first October 26, 2007. If we receive relevant to submit SIPs meeting the requirements phase of NOX reductions starts in 2009 adverse comments, we will publish a of section 110(a)(2)(D). The SIPs were and continues through 2014, while the
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first phase of SO2 reductions starts in 97 provide that whenever EPA approves The CAIR SIP requirements and the 2010 and continues through 2014. The an abbreviated SIP revision, the Arkansas CAIR NOX ozone season FIP second phase of reductions for both provisions in the abbreviated SIP establish the NOX ozone season budgets NOX and SO2 starts in 2015 and revision will be used in place of or in for Arkansas as 11,515 tons of NOX continues thereafter. CAIR requires conjunction with, as appropriate, the ozone season emissions for 2009–2014 States to implement the budgets by corresponding provisions in 40 CFR part and 9,596 tons of NOX ozone season either: (1) Requiring EGUs to participate 97 of the State’s CAIR FIP. emissions in 2015 and thereafter. in the EPA-administered cap-and-trade A State submitting a full SIP revision Arkansas’s rules at 19.1402 establish programs; or (2) adopting other control may either adopt regulations that are that the total amount of NOX ozone measures of the State’s choosing and substantively identical to the model season allowances allocated per control demonstrating that such control rules or incorporate by reference the period is as listed in 40 CFR 51.123 and measures will result in compliance with model rules. CAIR provides that States 96.340; ensuring that the Arkansas
the applicable State SO2 and NOX may only make limited changes to the allocation methodology will not allocate budgets. model rules if the States want to more allowances than the state NOX The May 12, 2005 and April 28, 2006 participate in the EPA-administered CAIR rules provide model rules that ozone season budget, consistent with 40 trading programs. A full SIP revision CFR 51.123. States must adopt (with certain limited may change the model rules only by changes, if desired) if they want to altering their applicability and B. CAIR NOX Ozone Season Cap-and- participate in the EPA-administered allowance allocation provisions to: Trade Program trading programs. The December 13, (1) Include NOX SIP Call trading 2006, revisions to the CAIR and CAIR sources that are not EGUs under CAIR The CAIR NOX annual and ozone FIP regulations were non-substantive in the CAIR NOX Ozone Season Trading season FIPs for the States largely mirror and, therefore, do not affect EPA’s Program; the structure of the NOX SIP Call model- evaluation of a State’s SIP revision. (2) Provide for State allocation of NOX trading rule in 40 CFR part 96 subparts With two exceptions, only States that annual or ozone season allowances A through I. While the provisions of the choose to meet the requirements of using a methodology chosen by the NOX annual and ozone season FIPs are CAIR through methods that exclusively State; similar, there are some differences. For regulate EGUs are allowed to participate (3) Provide for State allocation of NOX example, the NOX Annual FIPs provide in the EPA-administered trading annual allowances from the compliance for a compliance supplement pool, programs. One exception is for States supplement pool (CSP) using the State’s under which allowances may be that adopt the opt-in provisions of the choice of allowed, alternative awarded for early reductions of NOX model rules to allow non-EGUs methodologies; or annual emissions. individually to opt into the EPA- (4) Allow units that are not otherwise EPA used the CAIR model trading administered trading programs. The CAIR units to opt individually into the rules as the basis for the SO , NO other exception is for States that include CAIR SO , NO Annual, or NO Ozone 2 X 2 X X annual, and NO ozone season trading all non-EGUs from their NOX SIP Call Season Trading Programs under the opt- X programs incorporated by reference into trading programs in their CAIR NOX in provisions in the model rules. the States’ CAIR FIPs. The CAIR FIP ozone season trading programs. EPA’s authority to issue the CAIR FIPs trading programs’ rules are virtually Arkansas was not subject to the NOX SIP was premised on the deficiency of each identical to the CAIR model trading Call requirements; therefore this State’s SIP in addressing the CAIR rules, with changes made to account for exception is not available to the State. requirements. EPA will not have the federal rather than state IV. What Are the Types of CAIR SIP option of maintaining the CAIR FIP implementation. The CAIR model SO , Submittals? following approval of a full CAIR SIP 2 NOX annual, and NOX ozone season States have the flexibility to choose revision. Therefore, an approved CAIR full SIP revision will replace the CAIR trading rules and the respective CAIR the type of control measures they will FIP trading programs are designed to FIP requirements for NOX annual, NOX use to meet the requirements of CAIR. work together as integrated SO2, NOX EPA anticipates that most States will ozone season, or SO2 emissions, as applicable, for that State. annual, and NOX ozone season trading choose to meet the CAIR requirements programs. by selecting an option that requires V. What Is EPA’s Analysis of the In the August 10, 2007, SIP revision, EGUs to participate in the EPA- Arkansas CAIR NO Ozone Season SIP X Arkansas chose to implement its CAIR administered CAIR cap-and-trade Submittal? programs. For such States, EPA has NOX ozone season budgets by requiring provided two approaches for submitting A. State Budget for NOX Ozone Season EGUs to participate in the EPA- and obtaining approval for CAIR SIP Allowance Allocations administered cap-and-trade program for revisions. States may submit full SIP The CAIR NOX ozone season budgets NOX ozone season emissions. Arkansas revisions that adopt the model CAIR for Arkansas were developed from has adopted a full SIP revision that cap-and-trade rules. If approved, these historical heat input data for EGUs. incorporates by reference the CAIR SIP revisions will fully replace the Using these data, EPA calculated annual model cap-and-trade rule for NOX ozone State’s CAIR FIPs. Alternatively, States and ozone season regional heat input season emissions as published at 40 may submit abbreviated SIP revisions. values, which were multiplied by 0.15 CFR part 96, subparts AAAA–HHHH on The provisions in the abbreviated SIP lb/mmBtu, for phase 1, and 0.125 lb/ May 12, 2005, and further revised on revision, if approved into a State’s SIP, mmBtu, for phase 2, to obtain regional April 28 and December 13, 2006. This will not replace that State’s CAIR FIP; NOX budgets for 2009–2014 and for SIP revision does not include subpart however, the requirements for the CAIR 2015 and thereafter, respectively. EPA IIII, CAIR NOX Ozone Season Opt-in FIPs at 40 CFR part 52 incorporate the derived the Arkansas NOX ozone season Units, and any references to opt-in provisions of the Federal CAIR trading budgets from the regional budgets using units. This SIP revision provides an programs in 40 CFR part 97. The Federal Arkansas heat input data adjusted by allowance allocation methodology that CAIR trading programs in 40 CFR part fuel factors. replaces 40 CFR part 96, subpart EEEE.
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C. Applicability Provisions for Non-EGU To address the concerns of interstate Baseline gross electric generation is NOX SIP Call Sources transport, the ADEQ initiated a determined in accordance with section In general, the CAIR FIPs’ trading stakeholder process to work with 19.1404(A) for CAIR units that have programs apply to any stationary, fossil- affected industry and EPA Region 6. As operated each calendar year during a fuel-fired boiler or stationary, fossil- a result of the stakeholder process, period of five or more calendar years. fuel-fired combustion turbine serving at ADEQ submitted a full CAIR NOX The baseline gross electric generation is any time, since the later of November Ozone Season SIP revision on August the average of the three highest amounts 15, 1990 or the start-up of the unit’s 10, 2007. Section 19.1401 incorporates of a CAIR unit’s control period gross combustion chamber, a generator with by reference 40 CFR part 96, subparts electrical output over the five years nameplate capacity of more than 25 AAAA–HHHH, with the exception of immediately preceding the year in which allocations are due to EPA. If a MWe producing electricity for sale. EEEE, as promulgated by EPA on May generator is served by two or more Because Arkansas was not included in 12, 2005, and further revised on April units, the gross electrical output of the the NO SIP Call trading program, 28 and December 13, 2006. X generator will be apportioned to each Arkansas does not have or need the Additionally, section 19.1401 states that unit based on the unit’s share of the option of expanding the applicability Subpart IIII and all references to opt-in total control period heat input for that provisions of the CAIR NOX Ozone units are not incorporated into the Arkansas SIP. Sections 19.1402–19.1404 year. Season Trading Program to include non- The ADEQ submitted a letter to the EGU NOX SIP Call sources. of the Arkansas CAIR NOX Ozone Season Trading Program SIP revision EPA dated June 7, 2007, to further explain section 19.1404(A). Once a unit D. NOX Ozone Season Allowance establish the NO ozone season X has operated for five or more calendar Allocations allowance allocation methodology that years before the allocation submittal Under the NO allowance allocation is to be used in place of 40 CFR part 96, X deadline and had a calculable baseline methodology in the CAIR model trading subpart EEEE. gross electric generation, the unit cannot rules and in the CAIR FIP NO ozone X Section 19.1402 establishes that the be considered a non-baseline unit in the season trading programs, NO ozone X Arkansas NO Ozone Season budget is future. For example, if a unit operated season allowances are allocated to units X 11,515 tons per control period from from 2000–2006, the unit would have a that have operated for five years, based 2009–2014 and 9,596 tons per control calculable baseline gross electric on heat input data from a three-year generation used for the 2007, 2008, and period that are adjusted for fuel type by period starting with the 2015 control period. These budgets are as listed in 40 2009 control period allocations. If the using fuel factors of 1.0 for coal, 0.6 for unit shutdown or suspended operations oil, and 0.4 for other fuels. The CAIR CFR 51.123(q)(2) (11,515 tons in 2009– 2014 and 9,596 tons in 2015 and for 2007 and started operating again in model trading rules and the CAIR FIP 2008, the unit would still be considered NO ozone season trading program also thereafter); ensuring that the Arkansas X allocation methodology will not allocate a baseline unit. The year 2007 would provide a new unit set-aside from which have zero electric output recorded in the units without five years of operation are more allowances than the state NOX ozone season budget. baseline calculation. allocated allowances based on the units’ Section 19.1404(C) establishes the prior year emissions. Section 19.1403 establishes the dates allocation methodology for CAIR units The CAIR FIP provisions provide by which the ADEQ must submit NOX with a baseline gross electric generation States with the flexibility to establish a ozone season allocations to EPA for as calculated pursuant to section different NOX allowance allocation recordation in CAIR compliance 19.1404(A). For each control period, the methodology that will be used to accounts. Section 19.1403 is divided ADEQ will allocate to all units with a allocate allowances to sources in a State further based on unit operating history; calculable baseline a total amount of if certain requirements are met 19.1403(A) provides the allowance allowances equal to 95% of the total concerning the timing of submission of allocation timing for the EGUs with a ozone season budget established in units’ allocations to the Administrator baseline gross electric generation as 19.1402. These units will receive for recordation and the total amount of defined in 19.1404(A), and 19.1403(B) allowances proportional to their share of allowances allocated for each control provides the allowance allocation the total baseline gross electric period. In adopting alternative NOX timing for the EGUs without a baseline generation for all such units; i.e., the allowance allocation methodologies, gross electric generation. No later than ratio of the unit’s baseline gross electric States have flexibility with regard to: April 30, 2007, the ADEQ will generation to the total baseline gross (1) The cost to recipients of the determine and submit to the EPA the electric generation multiplied by the allowances, which may be distributed CAIR NOX ozone season allowances for total amount of allowances allocated for free or auctioned; the control periods 2009, 2010, and each control period to units with (2) The frequency of allocations; 2011, for EGUs with a baseline gross baseline data. (3) The basis for allocating electric generation. Additionally for the Section 19.1404(D) establishes the allowances, which may be distributed, EGUs with a baseline gross electric allocation methodology for CAIR units for example, based on historical heat generation, the ADEQ will determine without a calculable baseline. For these input or electric and thermal output; and submit to the EPA the CAIR NOX units, the ADEQ will establish a new and ozone season allowances by October 31, unit set-aside for each control period (4) The use of allowance set-asides 2008, for the year 2012, and by October equal to 5% of the total ozone season and, if used, their size. 31 of each year thereafter for the 4th budget in section 19.1402. Starting with Consistent with the flexibility given to year after the notification deadline. For the later of the 2009 control period or States in their CAIR FIP provisions, EGUs without a baseline gross electric the first control period after the control Arkansas has chosen to replace the generation, the ADEQ will determine period in which the CAIR unit provisions of the Arkansas CAIR NOX and submit to EPA the NOX ozone commences commercial operation, the Ozone Season FIP concerning the season allowance allocations by July 31 Designated Representative for the non- allocation of NOX ozone season of the year for which the allowances are baseline units may submit a request to allowances with its own methodology. allocated. the ADEQ for the set-aside allowances.
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This request must be submitted to the opt a unit into a CAIR trading program VII. Statutory and Executive Order ADEQ no later than January 1st of the must apply for a CAIR opt-in permit. If Reviews first control period in which the new the unit is issued a CAIR opt-in permit, Under Executive Order 12866 (58 FR unit set-aside allowances are requested the unit becomes a CAIR unit, is 51735, October 4, 1993), this action is and after the date in which the new unit allocated allowances, and must meet the not a ‘‘significant regulatory action’’ and commences commercial operation. The same allowance-holding and emissions therefore is not subject to review by the request for allowances may not exceed monitoring and reporting requirements Office of Management and Budget. For the unit’s total tons of NOX emissions as other units subject to that CAIR this reason and because this action will during the previous control period. trading program. The opt-in provisions not have a significant, adverse effect on On or after February 1st of each provide for two methodologies for the supply, distribution, or use of control period, the ADEQ will allocating allowances for opt-in units, energy, this action is also not subject to determine the total amount of new unit one methodology that applies to opt-in Executive Order 13211, ‘‘Actions set-aside allowances requested. If the units in general and a second Concerning Regulations That total amount of allowances requested is methodology that allocates allowances Significantly Affect Energy Supply, less than the total new unit set-aside only to opt-in units that the owners and Distribution, or Use’’ (66 FR 28355, May pool (5% of the overall state budget) the operators intend to repower before 22, 2001). This action merely approves ADEQ will allocate the new unit set- January 1, 2015. state law as meeting Federal aside allowances as requested to each States have several options requirements and imposes no additional unit. If the total amount of requested concerning the opt-in provisions. States requirements beyond those imposed by allowances is greater than the total new may adopt the CAIR opt-in provisions state law. Accordingly, the unit set-aside pool, the ADEQ will entirely or may adopt them but exclude determine the allocations by one of the methodologies for allocating Administrator certifies that this rule multiplying the ratio of each unit’s allowances. States may also decline to will not have a significant economic requested number of allowances to the adopt the opt-in provisions. impact on a substantial number of small total amount of requested allowances by Arkansas has chosen not to allow entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this the new unit set-aside amount. The non-EGUs to opt into the CAIR NOX ADEQ will then notify each unit’s Ozone Season Trading Program. rule approves pre-existing requirements Designated Representative of the Arkansas incorporated by reference the under state law and does not impose any additional enforceable duty beyond amount of new unit set-aside CAIR NOX Ozone Season Trading allowances the unit will receive. Program, published at 40 CFR part 96, that required by state law, it does not If there are allowances remaining in subparts AAAA–HHHH on May 12, contain any unfunded mandate or the new unit set-aside after the non- 2005, and further revised on April 28 significantly or uniquely affect small baseline units receive their allocations, and December 13, 2006. This SIP governments, as described in the the ADEQ will allocate these remaining revision does not include subpart IIII, Unfunded Mandates Reform Act of 1995 allowances to units with baseline gross CAIR NOX Ozone Season Opt-in Units, (Pub. L. 104–4). electric generation. The ADEQ will and any references to opt-in units. This rule also does not have tribal multiply the remaining number of implications because it will not have a VI. Final Action allowances by the ratio of the baseline substantial direct effect on one or more unit’s allocation for that control period We are approving Arkansas’s CAIR Indian tribes, on the relationship to the total amount of allowances NOX Ozone Season Trading Program SIP between the Federal Government and allocated to the baseline units (95% of revision submitted on August 10, 2007, Indian tribes, or on the distribution of the overall state budget in section enacted at Regulation 19—Arkansas power and responsibilities between the 19.1402). Plan of Implementation for Air Federal Government and Indian tribes, Section 19.1501 establishes the Pollution Control; Chapter 14, Sections as specified by Executive Order 13175 effective date of the revision to 19.1401–19.1404; and Chapter 15, (65 FR 67249, November 9, 2000). This Regulation 19, Chapter 14, Sections Section 19.1501. Under this SIP action also does not have Federalism 19.1401–19.1404 as ten days after filing revision, Arkansas is choosing to implications because it does not have with the Arkansas Secretary of State, the participate in the EPA-administered substantial direct effects on the states, Arkansas State Library, and the cap-and-trade program for NOX ozone on the relationship between the national Arkansas Bureau of Legislative season emissions. Our technical government and the states, or on the Research. analysis has shown that this SIP distribution of power and revision is consistent with the responsibilities among the various E. Individual Opt-In Units requirements of 40 CFR Part 51, levels of government, as specified in The opt-in provisions of the CAIR including the specific CAIR NOX ozone Executive Order 13132 (64 FR 43255, model trading rules allow certain non- season requirements at 40 CFR 51.123 as August 10, 1999). This action merely EGUs (i.e., boilers, combustion turbines, published on May 12, 2005, and further approves a state rule implementing a and other stationary fossil-fuel-fired revised on April 28 and December 13, Federal standard, and does not alter the devices) that do not meet the 2006; and all applicable requirements of relationship or the distribution of power applicability criteria for a CAIR trading the CAA. and responsibilities established in the program to participate voluntarily in As a consequence of this SIP Act. The EPA interprets Executive Order (i.e., opt into) the CAIR trading program. approval, the Administrator of EPA will 13045, ‘‘Protection of Children from A non-EGU may opt into one or more also issue, without providing an Environmental Health Risks and Safety of the CAIR trading programs. In order opportunity for a public hearing or an Risks’’ (62 FR 19885, April 23, 1997), as to qualify to opt into a CAIR trading additional opportunity for written applying only to those regulatory program, a unit must vent all emissions public comment, a final rule to actions that concern health or safety through a stack and be able to meet withdraw the CAIR FIP concerning NOX risks such that the analysis required monitoring, recordkeeping, and ozone season emissions for Arkansas. under section 5–501 of the Executive reporting requirements of 40 CFR part This action will delete and reserve 40 Order has the potential to influence the 75. The owners and operators seeking to CFR 52.184 in part 52. regulation. This rule is not subject to
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Executive Order 13045 because it Congress and to the Comptroller General PART 52—[AMENDED] approves a state rule implementing a of the United States. EPA will submit a Federal standard. Executive Order report containing this rule and other I 1. The authority citation for part 52 12898 (59 FR 7629, February 16, 1994) required information to the U.S. Senate, continues to read as follows: establishes federal executive policy on the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq. environmental justice. Because this rule the Comptroller General of the United merely approves a state rule States prior to publication of the rule in Subpart E—Arkansas implementing a Federal standard, EPA the Federal Register. A major rule lacks the discretionary authority to cannot take effect until 60 days after it I 2. Section 52.170 is amended as modify today’s regulatory decision on is published in the Federal Register. follows: the basis of environmental justice This action is not a ‘‘major rule’’ as I considerations. defined by 5 U.S.C. 804(2). a. In paragraph (c) the table entitled In reviewing SIP submissions, EPA’s Under section 307(b)(1) of the CAA, ‘‘EPA-Approved Regulations in the role is to approve state choices, petitions for judicial review of this Arkansas SIP’’ is amended under provided that they meet the criteria of action must be filed in the United States Regulation No. 19—Regulations of the the Act. In this context, in the absence Court of Appeals for the appropriate Arkansas Plan of Implementation for Air of a prior existing requirement for the circuit by November 26, 2007. Filing a Pollution Control, by removing the State to use voluntary consensus petition for reconsideration by the existing entries for ‘‘Chapter 14— standards (VCS), EPA has no authority Administrator of this final rule does not Effective Date’’ and ‘‘Reg. 19.1401’’ and to disapprove a SIP submission for affect the finality of this rule for the adding in its place new entries for failure to use VCS. It would thus be purposes of judicial review nor does it ‘‘Chapter 14—CAIR NOX Ozone Season inconsistent with applicable law for extend the time within which a petition Trading Program General Provisions’’ EPA, when it reviews a SIP submission, for judicial review may be filed, and and new sub-entries for ‘‘Reg. 19.1401’’, to use VCS in place of a SIP submission shall not postpone the effectiveness of ‘‘Reg. 19.1402’’, ‘‘Reg. 19.1403’’, and that otherwise satisfies the provisions of such rule or action. This action may not ‘‘Reg. 19.1404’’. the Act. Thus, the requirements of be challenged later in proceedings to I b. In paragraph (c) the table entitled section 12(d) of the National enforce its requirements. (See section Technology Transfer and Advancement 307(b)(2).) ‘‘EPA-Approved Regulations in the Act of 1995 (15 U.S.C. 272 note) do not Arkansas SIP’’ is amended under apply. This rule does not impose an List of Subjects 40 CFR Part 52 Regulation No. 19—Regulations of the information collection burden under the Environmental protection, Air Arkansas Plan of Implementation for Air provisions of the Paperwork Reduction pollution control, Intergovernmental Pollution Control, by adding in Act of 1995 (44 U.S.C. 3501 et seq.). relations, Nitrogen dioxide, Ozone, numerical order a new entry for The Congressional Review Act, 5 Particulate matter, Reporting and ‘‘Chapter 15—Effective Date’’ and a new U.S.C. 801 et seq., as added by the Small recordkeeping requirements, Sulfur sub-entry for ‘‘Reg. 19.1501’’. Business Regulatory Enforcement oxides. Fairness Act of 1996, generally provides § 52.170 Identification of plan. Dated: September 18, 2007. that before a rule may take effect, the * * * * * agency promulgating the rule must Richard E. Greene, (c) * * * submit a rule report, which includes a Regional Administrator, EPA Region 6. copy of the rule, to each House of the I 40 CFR part 52 is amended as follows:
EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
State State citation Title/subject submittal/ EPA approval date Explanation effective date
Regulation No. 19: Regulations the Arkansas Plan of Implementation for Air Pollution Control
******* Chapter 14—CAIR NOX Ozone Season Trading Program General Provisions
******* Reg. 19.1401 ...... Adoption of Regulations ...... 07/15/2007 09/26/2007 [Insert FR page number where document begins]. Reg. 19.1402 ...... State Trading Budget ...... 07/15/2007 09/26/2007 [Insert FR page number where document begins]. Reg. 19.1403 ...... Timing Requirements for CAIR NOX 07/15/2007 09/26/2007 [Insert FR Ozone Season Allowance Alloca- page number where tions. document begins]. Reg. 19.1404 ...... CAIR NOX Ozone Season Allowance 07/15/2007 09/26/2007 [Insert FR Allocations. page number where document begins].
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EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued
State State citation Title/subject submittal/ EPA approval date Explanation effective date
Chapter 15—Effective Date
Reg. 19.1501 ...... Effective Date ...... 07/15/2007 09/26/2007 [Insert FR page number where document begins].
*******
* * * * * North 5th Street, Kansas City, Kansas materials are available either [FR Doc. E7–18966 Filed 9–25–07; 8:45 am] 66101. electronically in http:// BILLING CODE 6560–50–P Instructions: Direct your comments to www.regulations.gov or in hard copy at Docket ID No. EPA–R07–OAR–2007– the Environmental Protection Agency, 0926. EPA’s policy is that all comments Air Planning and Development Branch, ENVIRONMENTAL PROTECTION received will be included in the public 901 North 5th Street, Kansas City, AGENCY docket without change and may be Kansas 66101. The Regional Office’s made available online at http:// official hours of business are Monday 40 CFR Part 52 www.regulations.gov, including any through Friday, 8 to 4:30 excluding [EPA–R07–OAR–2007–0926; FRL–8471–9] personal information provided, unless Federal holidays. The interested persons the comment includes information wanting to examine these documents Approval and Promulgation of claimed to be Confidential Business should make an appointment with the Implementation Plans; State of Information (CBI) or other information office at least 24 hours in advance. Missouri whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Do not submit through http:// Amy Algoe-Eakin at (913) 551–7942, or AGENCY: Environmental Protection www.regulations.gov or e-mail by e-mail at [email protected]. Agency (EPA). information that you consider to be CBI SUPPLEMENTARY INFORMATION: ACTION: Direct final rule. or otherwise protected. The http:// Throughout this document whenever www.regulations.gov Web site is an SUMMARY: EPA is approving a revision to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean ‘‘anonymous access’’ system, which the Missouri State Implementation Plan EPA. This section provides additional means EPA will not know your identity (SIP) that will fulfill the condition of a information by addressing the following or contact information unless you previously-published approval (July 11, questions: provide it in the body of your comment. 2006). The revision amends the What is a SIP? If you send an e-mail comment directly Construction Permits By Rule and What is the Federal approval process for a to EPA without going through http:// requires a preconstruction review SIP? www.regulations.gov, your e-mail period before sources may begin What does Federal approval of a state address will be automatically captured regulation mean to me? construction. and included as part of the comment What is being addressed in this document? DATES: This direct final rule will be that is placed in the public docket and Have the requirements for approval of a SIP effective November 26, 2007, without made available on the Internet. If you revision been met? What action is EPA taking? further notice, unless EPA receives submit an electronic comment, EPA adverse comment by October 26, 2007. recommends that you include your What is a SIP? If adverse comment is received, EPA name and other contact information in Section 110 of the Clean Air Act will publish a timely withdrawal of the the body of your comment and with any (CAA) requires states to develop air direct final rule in the Federal Register disk or CD–ROM you submit. If EPA pollution regulations and control informing the public that the rule will cannot read your comment due to strategies to ensure that state air quality not take effect. technical difficulties and cannot contact meets the national ambient air quality ADDRESSES: Submit your comments, you for clarification, EPA may not be standards (NAAQS) established by EPA. identified by Docket ID No. EPA–R07– able to consider your comment. These ambient standards are established OAR–2007–0926, by one of the Electronic files should avoid the use of under section 109 of the CAA, and they following methods: special characters, any form of currently address six criteria pollutants. 1. http://www.regulations.gov. Follow encryption, and be free of any defects or These pollutants are: Carbon monoxide, the on-line instructions for submitting viruses. nitrogen dioxide, ozone, lead, comments. Docket: All documents in the particulate matter, and sulfur dioxide. 2. E-mail: [email protected]. electronic docket are listed in the http:// Each state must submit these 3. Mail: Amy Algoe-Eakin, www.regulations.gov index. Although regulations and control strategies to us Environmental Protection Agency, Air listed in the index, some information is for approval and incorporation into the Planning and Development Branch, 901 not publicly available, i.e., CBI or other federally-enforceable SIP. North 5th Street, Kansas City, Kansas information whose disclosure is Each federally-approved SIP protects 66101. restricted by statute. Certain other air quality primarily by addressing air 4. Hand Delivery or Courier. Deliver material, such as copyrighted material, pollution at its point of origin. These your comments to Amy Algoe-Eakin, is not placed on the Internet and will be SIPs can be extensive, containing state Environmental Protection Agency, Air publicly available only in hard copy regulations or other enforceable Planning and Development Branch, 901 form. Publicly available docket documents and supporting information
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such as emission inventories, permits. The rule applies only to the What action is EPA taking? monitoring networks, and modeling minor source program. The original rule EPA is approving a revision to the demonstrations. (see 71 FR 38997 for a detailed Missouri SIP to fulfill the condition of What is the Federal approval process description of the rule and specific a previously-published approval (July for a SIP? action by EPA on the rule) did not 11, 2006). The revision includes a expressly include a mechanism for In order for state regulations to be mechanism for preconstruction review preconstruction review of applications of applications from facilities that want incorporated into the Federally- received from facilities that wanted to enforceable SIP, states must formally to operate under 10 CSR 10–6.062, the operate under this rule. Section permit by rule. We do not anticipate any adopt the regulations and control 110(a)(2)(C) of the CAA requires that strategies consistent with state and adverse comments. Please note that if each SIP include a program to regulate EPA receives adverse comments on part Federal requirements. This process construction and modification of generally includes a public notice, of this rule, and if that part can be sources to ensure that the NAAQS are severed from the remainder of the rule, public hearing, public comment period, achieved. EPA’s implementing and a formal adoption by a state- EPA may adopt as final those parts of regulation provides that the plan must the rule that are not the subject of an authorized rulemaking body. include procedures, ‘‘by which the Once a state rule, regulation, or adverse comment. state... will prevent such control strategy is adopted, the state construction or modification’’ where the Statutory and Executive Order Reviews submits it to us for inclusion into the source or modification would violate a Under Executive Order 12866 (58 FR SIP. We must provide public notice and control strategy or interfere with 51735, October 4, 1993), this action is seek additional public comment attainment or maintenance of the not a ‘‘significant regulatory action’’ and regarding the proposed Federal action NAAQS (see 40 CFR 51.160(b)). Because therefore is not subject to review by the on the state submission. If adverse Missouri’s rule that was adopted on Office of Management and Budget. For comments are received, they must be June 26, 2003, appeared to authorize this reason, this action is also not addressed prior to any final Federal subject to Executive Order 13211, action by us. construction to begin before any air All state regulations and supporting quality review occurred, and the rule ‘‘Actions Concerning Regulations That information approved by EPA under only provided for revocation of a permit Significantly Affect Energy Supply, section 110 of the CAA are incorporated after the source began construction or Distribution, or Use’’ (66 FR 28355, May into the Federally-approved SIP. operation, EPA believed that Missouri’s 22, 2001). This action merely approves Records of such SIP actions are preconstruction permit program was state law as meeting Federal maintained in the Code of Federal deficient with respect to sources which requirements and imposes no additional Regulations (CFR) at title 40, part 52, may qualify for Permit By Rule. requirements beyond those imposed by entitled ‘‘Approval and Promulgation of To correct the deficiency, the state law. Accordingly, the Implementation Plans.’’ The actual state Missouri Department of Natural Administrator certifies that this action regulations which are approved are not Resources was directed by the Missouri will not have a significant economic reproduced in their entirety in the CFR Air Conservation Commission via impact on a substantial number of small outright but are ‘‘incorporated by resolution on December 8, 2005, to entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this reference,’’ which means that we have revise the Permit By Rule to expressly action approves pre-existing approved a given state regulation with include a preconstruction period of requirements under state law and does a specific effective date. seven days before sources could begin not impose any additional enforceable construction. The purpose of the What does Federal approval of a state duty beyond that required by state law, preconstruction period is to allow time regulation mean to me? it does not contain any unfunded for the state to review the application mandate or significantly or uniquely Enforcement of the state regulation for the permit by rule and determine affect small governments, as described before and after it is incorporated into whether additional air quality analyses in the Unfunded Mandates Reform Act the Federally-approved SIP is primarily should be conducted for a particular a state responsibility. However, after the of 1995 (Pub. L. 104–4). project. The state must also approve the This action also does not have tribal regulation is Federally approved, we are application before construction may authorized to take enforcement action implications because it will not have a begin. This revision establishes the substantial direct effect on one or more against violators. Citizens are also seven day preconstruction period and offered legal recourse to address Indian tribes, on the relationship fulfills the requirements of the between the Federal Government and violations as described in section 304 of conditional approval. the CAA. Indian tribes, or on the distribution of Have the requirements for approval of power and responsibilities between the What is being addressed in this a SIP revision been met? Federal Government and Indian tribes, document? as specified by Executive Order 13175 EPA is approving a SIP revision The state submittal has met the public (65 FR 67249, November 9, 2000). This submitted by the state of Missouri that notice requirements for SIP submissions action also does not have Federalism will fulfill the condition of a previously- in accordance with 40 CFR 51.102. The implications because it does not have published approval (July 11, 2006). submittal also satisfied the substantial direct effects on the States, Missouri adopted a rule in June 2003 completeness criteria of 40 CFR part 51, on the relationship between the national (10 CSR 10–6.062) to establish permits appendix V. In addition, as explained government and the States, or on the by rule for various source categories above and in more detail in the distribution of power and (e.g., printing operations, surface technical support document which is responsibilities among the various coating operations) which authorizes part of this docket, the revision meets levels of government, as specified in sources in categories covered by the rule the substantive SIP requirements of the Executive Order 13132 (64 FR 43255, to operate under specified conditions, CAA, including section 110 and August 10, 1999). This action merely instead of obtaining source-specific implementing regulations. approves a state rule implementing a
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Federal standard, and does not alter the Business Regulatory Enforcement List of Subjects in 40 CFR Part 52 relationship or the distribution of power Fairness Act of 1996, generally provides and responsibilities established in the that before a rule may take effect, the Environmental protection, Air CAA. This action also is not subject to agency promulgating the rule must pollution control, Carbon monoxide, Executive Order 13045, ‘‘Protection of submit a rule report, which includes a Incorporation by reference, Children from Environmental Health copy of the rule, to each House of the Intergovernmental relations, Lead, Risks and Safety Risks’’ (62 FR 19885, Congress and to the Comptroller General Nitrogen dioxide, Ozone, Particulate April 23, 1997), because it approves a of the United States. EPA will submit a matter, Reporting and recordkeeping state rule implementing a Federal report containing this rule and other requirements, Sulfur oxides, Volatile standard. required information to the U.S. Senate, organic compounds. In reviewing state submissions, EPA’s the U.S. House of Representatives, and Dated: September 13, 2007. role is to approve state choices, the Comptroller General of the United John B. Askew, provided that they meet the criteria of States prior to publication of the rule in the CAA. In this context, in the absence the Federal Register. A major rule Regional Administrator, Region 7. of a prior existing requirement for the cannot take effect until 60 days after it I Chapter I, title 40 of the Code of State to use voluntary consensus is published in the Federal Register. Federal Regulations is amended as standards (VCS), EPA has no authority This action is not a ‘‘major rule’’ as follows: to disapprove a state submission for defined by 5 U.S.C. 804(2). failure to use VCS. It would thus be Under section 307(b)(1) of the CAA, PART 52—[AMENDED] inconsistent with applicable law for petitions for judicial review of this EPA, when it reviews a state action must be filed in the United States I 1. The authority citation for part 52 submission, to use VCS in place of a Court of Appeals for the appropriate continues to read as follows: state submission that otherwise satisfies circuit by November 26, 2007. Filing a the provisions of the CAA. Thus, the petition for reconsideration by the Authority: 42 U.S.C. 7401 et seq. requirements of section 12(d) of the Administrator of this final rule does not Subpart AA—Missouri National Technology Transfer and affect the finality of this rule for the Advancement Act of 1995 (15 U.S.C. purposes of judicial review nor does it I 272 note) do not apply. This action does extend the time within which a petition 2. In § 52.1320 the table in paragraph not impose an information collection for judicial review may be filed, and (c) is amended by revising the entry for burden under the provisions of the shall not postpone the effectiveness of 10–6.062 to read as follows: Paperwork Reduction Act of 1995 (44 such rule or action. This action may not § 52.1320 Identification of plan. U.S.C. 3501 et seq.). be challenged later in proceedings to The Congressional Review Act, 5 enforce its requirements. (See section * * * * * U.S.C. 801 et seq., as added by the Small 307(b)(2).) (c) * * *
EPA-APPROVED MISSOURI REGULATIONS
State effec- Missouri citation Title tive date EPA approval date Explanation
Missouri Department of Natural Resources
******* Chapter 6 Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
******* 10–6.062 ...... Construction Permits By Rule...... 5/30/07 9/26/07 [insert FR page Section (3)(B)4 is not included in number where the docu- the SIP. ment begins].
*******
[FR Doc. E7–18792 Filed 9–25–07; 8:45 am] ACTION: Final rule. on or before November 26, 2007, and BILLING CODE 6560–50–P must be filed in accordance with the SUMMARY: This regulation establishes instructions provided in 40 CFR part tolerances for combined residues of 178 (see also Unit I.C. of the ENVIRONMENTAL PROTECTION pyraclostrobin and its desmethoxy SUPPLEMENTARY INFORMATION). AGENCY metabolite in or on berry, group 13; ADDRESSES: cotton, undelinted seed; and cotton, gin EPA has established a 40 CFR Part 180 byproducts. BASF Corporation docket for this action under docket requested these tolerances under the identification (ID) number EPA–HQ– OPP–2006–0522. To access the [EPA–HQ–OPP–2006–0522; FRL–8148–6] Federal Food, Drug, and Cosmetic Act (FFDCA). electronic docket, go to http:// Pyraclostrobin; Pesticide Tolerance www.regulations.gov, select ‘‘Advanced DATES: This regulation is effective Search,’’ then ‘‘Docket Search.’’ Insert AGENCY: Environmental Protection September 26, 2007. Objections and the docket ID number where indicated Agency (EPA). requests for hearings must be received and select the ‘‘Submit’’ button. Follow
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the instructions on the regulations.gov (NAICS) codes have been provided to Crystal Dr., Arlington, VA. Deliveries website to view the docket index or assist you and others in determining are only accepted during the Docket’s access available documents. All whether this action might apply to normal hours of operation (8:30 a.m. to documents in the docket are listed in certain entities. If you have any 4 p.m., Monday through Friday, the docket index available in questions regarding the applicability of excluding legal holidays). Special regulations.gov. Although listed in the this action to a particular entity, consult arrangements should be made for index, some information is not publicly the person listed under FOR FURTHER deliveries of boxed information. The available, e.g., Confidential Business INFORMATION CONTACT. Docket Facility telephone number is Information (CBI) or other information (703) 305–5805. B. How Can I Access Electronic Copies whose disclosure is restricted by statute. of this Document? II. Petition for Tolerance Certain other material, such as copyrighted material, is not placed on In addition to accessing an electronic In the Federal Register of July 5, 2006 the Internet and will be publicly copy of this Federal Register document (71 FR 38150–38151) (FRL–8074–2), available only in hard copy form. through the electronic docket at http:// EPA issued a notice pursuant to section Publicly available docket materials are www.regulations.gov, you may access 408(d)(3) of FFDCA, 21 U.S.C. available in the electronic docket at this Federal Register document 346a(d)(3), announcing the filing of a http://www.regulations.gov, or, if only electronically through the EPA Internet pesticide petition (PP 5F7002) by BASF available in hard copy, at the OPP under the ‘‘Federal Register’’ listings at Corporation, 26 Davis Drive, P.O. Box Regulatory Public Docket in Rm. S– http://www.epa.gov/fedrgstr. You may 13528, Research Triangle Park, NC 4400, One Potomac Yard (South Bldg.), also access a frequently updated 27709. The petition requested that 40 2777 S. Crystal Dr., Arlington, VA. The electronic version of EPA’s tolerance CFR 180.582 be amended by Docket Facility is open from 8:30 a.m. regulations at 40 CFR part 180 through establishing tolerances for combined to 4 p.m., Monday through Friday, the Government Printing Office’s pilot residues of the fungicide pyraclostrobin, excluding legal holidays. The Docket e-CFR site at http://www.gpoaccess.gov/ (carbamic acid, [2-[[[1-(4-chlorophenyl)- Facility telephone number is (703) 305– ecfr. 1H-pyrazol-3- 5805. yl]oxy]methyl]phenyl]methoxy-, methyl C. Can I File an Objection or Hearing ester) and its desmethoxy metabolite FOR FURTHER INFORMATION CONTACT: Request? Tony Kish, Registration Division (methyl-N-[[[1-(4-chlorophenyl)-1H- Under section 408(g) of FFDCA, any pyrazol-3- (7505P), Office of Pesticide Programs, person may file an objection to any yl]oxy]methyl]phenylcarbamate), Environmental Protection Agency, 1200 aspect of this regulation and may also expressed as parent compound, in or on Pennsylvania Ave., NW., Washington, request a hearing on those objections. berry, group 13 at 4.0 parts per million DC 20460–0001; telephone number: You must file your objection or request (ppm); cotton, undelinted seed at 0.4 (703) 308–9443; e-mail address: a hearing on this regulation in ppm; and cotton, gin byproducts at 30 [email protected]. accordance with the instructions ppm. That notice referenced a summary SUPPLEMENTARY INFORMATION: provided in 40 CFR part 178. To ensure of the petition prepared by BASF I. General Information proper receipt by EPA, you must Corporation, the registrant, which is identify docket ID number EPA–HQ– available to the public in the docket, A. Does this Action Apply to Me? OPP–2006–0522 in the subject line on http://www.regulations.gov. There were You may be potentially affected by the first page of your submission. All no comments received in response to this action if you are an agricultural requests must be in writing, and must be the notice of filing. producer, food manufacturer, or mailed or delivered to the Hearing Clerk Based upon review of the data pesticide manufacturer. Potentially as required by 40 CFR part 178 on or supporting the petition, EPA has affected entities may include, but are before November 26, 2007. modified the tolerance for cotton, not limited to those engaged in the In addition to filing an objection or undelinted seed from 0.4 ppm to 0.3 following activities: hearing request with the Hearing Clerk ppm. The reason for this change is • Crop production (NAICS code 111), as described in 40 CFR part 178, please explained in Unit V. e.g., agricultural workers; greenhouse, submit a copy of the filing that does not III. Aggregate Risk Assessment and nursery, and floriculture workers; contain any CBI for inclusion in the Determination of Safety farmers. public docket that is described in • Animal production (NAICS code ADDRESSES. Information not marked Section 408(b)(2)(A)(i) of FFDCA 112), e.g., cattle ranchers and farmers, confidential pursuant to 40 CFR part 2 allows EPA to establish a tolerance (the dairy cattle farmers, livestock farmers. may be disclosed publicly by EPA legal limit for a pesticide chemical • Food manufacturing (NAICS code without prior notice. Submit this copy, residue in or on a food) only if EPA 311), e.g., agricultural workers; farmers; identified by docket ID number EPA– determines that the tolerance is ‘‘safe.’’ greenhouse, nursery, and floriculture HQ–OPP–2006–0522, by one of the Section 408(b)(2)(A)(ii) of FFDCA workers; ranchers; pesticide applicators. following methods: defines ‘‘safe’’ to mean that ‘‘there is a • Pesticide manufacturing (NAICS • Federal eRulemaking Portal: http:// reasonable certainty that no harm will code 32532), e.g., agricultural workers; www.regulations.gov. Follow the on-line result from aggregate exposure to the commercial applicators; farmers; instructions for submitting comments. pesticide chemical residue, including greenhouse, nursery, and floriculture • Mail: Office of Pesticide Programs all anticipated dietary exposures and all workers; residential users. (OPP) Regulatory Public Docket (7502P), other exposures for which there is This listing is not intended to be Environmental Protection Agency, 1200 reliable information.’’ This includes exhaustive, but rather to provide a guide Pennsylvania Ave., NW., Washington, exposure through drinking water and in for readers regarding entities likely to be DC 20460–0001. residential settings, but does not include affected by this action. Other types of • Delivery: OPP Regulatory Public occupational exposure. Section entities not listed in this unit could also Docket (7502P), Environmental 408(b)(2)(C) of FFDCA requires EPA to be affected. The North American Protection Agency, Rm. S–4400, One give special consideration to exposure Industrial Classification System Potomac Yard (South Bldg.), 2777 S. of infants and children to the pesticide
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chemical residue in establishing a EPA has reevaluated the carcinogenic of occurrence of additional adverse tolerance and to ‘‘ensure that there is a potential of pyraclostrobin in light of a cases. Generally, cancer risks are reasonable certainty that no harm will new supplementary cancer study in considered non-threshold. For more result to infants and children from female mice and concluded that, in information on the general principles aggregate exposure to the pesticide accordance with the EPA’s Final EPA uses in risk characterization and a chemical residue. . . .’’ These provisions Guidelines for Carcinogen Risk complete description of the risk were added to FFDCA by the Food Assessment (March, 2005), assessment process, see http:// Quality Protection Act (FQPA) of 1996. pyraclostrobin should be classified into www.epa.gov/pesticides/factsheets/ Consistent with section 408(b)(2)(D) the category ‘‘Not Likely to be riskassess.htm. of FFDCA, and the factors specified in Carcinogenic to Humans.’’ This A summary of the toxicological section 408(b)(2)(D) of FFDCA, EPA has determination is based on no treatment- endpoints for pyraclostrobin used for reviewed the available scientific data related increase in tumors in either sex human risk assessment can be found at and other relevant information in of rats and mice, which were tested at http://www.regulations.gov in the support of this action. EPA has doses that were adequate to assess human health risk assessment document sufficient data to assess the hazards of carcinogenicity, and the lack of identified as document number 0002 in and to make a determination on evidence of mutagenicity. docket ID number EPA–HQ–OPP–2006– aggregate exposure for the petitioned-for Specific information on the studies 0522. received and the nature of the adverse tolerances for combined residues of C. Exposure Assessment pyraclostrobin and its desmethoxy effects caused by pyraclostrobin as well 1. Dietary exposure from food and metabolite on berry, group 13 at 4.0 as the no-observed-adverse-effect-level feed uses. In evaluating dietary ppm; cotton, undelinted seed at 0.3 pm; (NOAEL) and the lowest-observed- adverse-effect-level (LOAEL) from the exposure to pyraclostrobin, EPA and cotton, gin byproducts at 30 ppm. considered exposure under the EPA’s assessment of exposures and risks toxicity studies can be found at http:// www.regulations.gov in the human petitioned-for tolerances as well as all associated with establishing the existing pyraclostrobin tolerances in (40 tolerances follows. health risk assessment document in the docket established by this action, which CFR 180.582). EPA assessed dietary A. Toxicological Profile is described under ADDRESSES. The exposures from pyraclostrobin in food referenced document is identified as as follows: EPA has evaluated the available i. Acute exposure. Quantitative acute toxicity data and considered its validity, EPA–HQ–OPP–2006–0522–0002 in that docket. dietary exposure and risk assessments completeness, and reliability as well as are performed for a food-use pesticide if the relationship of the results of the B. Toxicological Endpoints a toxicological study has indicated the studies to human risk. EPA has also For hazards that have a threshold possibility of an effect of concern considered available information below which there is no appreciable occurring as a result of a 1–day or single concerning the variability of the risk, the toxicological level of concern exposure. EPA identified such an effect sensitivities of major identifiable (LOC) is derived from the highest dose for the general population (decreased subgroups of consumers, including at which no adverse effects are observed body weight gain seen after a single oral infants and children. (the NOAEL) in the toxicology study dose in the rat acute neurotoxicity Pyraclostrobin has a low to moderate identified as appropriate for use in risk study) and for females 13 to 49 years old acute toxicity. In repeated dose oral assessment. However, if a NOAEL (increased resorptions/litter and toxicity studies, the main target organs cannot be determined, the lowest dose increased total resorptions seen in the for pyraclostrobin are the upper at which adverse effects of concern are rabbit developmental toxicity study that gastrointestinal tract (mainly the identified (the LOAEL) is sometimes are presumed to occur after a single duodenum and stomach), the spleen/ used for risk assessment. Uncertainty/ exposure). The aPAD for the general hematopoiesis, the immune system, and safety factors (UFs) are used in population has been established at 3.0 the liver. In addition, reduced body conjunction with the LOC to take into milligrams/kilograms/day (mg/kg/day); weight/gain and feed intake/efficiency account uncertainties inherent in the whereas, the aPAD for females 13 to 49 are also common findings. In the extrapolation from laboratory animal years old is significantly lower (0.05 developmental toxicity study in rabbits, data to humans and in the variations in mg/kg/day), due to the more sensitive there was evidence of increased sensitivity among members of the endpoint on which it is based. qualitative susceptibility of in utero human population as well as other In estimating acute dietary exposure, rabbits following exposure to unknowns. Safety is assessed for acute EPA used food consumption pyraclostrobin (increases in resorptions/ and chronic risks by comparing information from the U.S. Department of litter and post-implantation losses), but aggregate exposure to the pesticide to Agriculture (USDA) 1994–1996 and only at doses that also resulted in the acute population adjusted dose 1998 Nationwide Continuing Surveys of maternal toxicity (decreases in body (aPAD) and chronic population adjusted Food Intake by Individuals (CSFII). As weight gain and food consumption). dose (cPAD). The aPAD and cPAD are to residue levels in food, EPA assumed There was no evidence of increased calculated by dividing the LOC by all that residues are present at tolerance quantitative or qualitative susceptibility applicable UFs. Short-, intermediate-, levels or at the highest residue level of in utero rats or offspring following and long-term risks are evaluated by found in residue field trials. One exposure to pyraclostrobin. In the 2– comparing aggregate exposure to the hundred percent crop treated (PCT) was generation reproduction study, the LOC to ensure that the margin of assumed for all commodities in the highest dose tested did not cause exposure (MOE) called for by the assessment. Default processing factors maternal systemic toxicity, nor did it product of all applicable UFs is not were applied to all commodities except elicit reproductive or offspring toxicity. exceeded. those for which experimentally-derived In both the acute and subchronic For non-threshold risks, the Agency processing factors were available: Apple neurotoxicity studies, there were no assumes that any amount of exposure juice, grape juice, citrus juices, indications of treatment-related will lead to some degree of risk and cottonseed oil, tomato paste, tomato neurotoxicity. estimates risk in terms of the probability puree, wheat flour, and wheat germ.
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ii. Chronic exposure. In conducting environmental concentrations (EECs) of 4. Cumulative effects from substances the chronic dietary exposure assessment pyraclostrobin for acute exposures are with a common mechanism of toxicity. EPA used the food consumption data estimated to be 10.2 parts per billion Section 408(b)(2)(D)(v) of FFDCA from the USDA 1994–1996 and 1998 (ppb) for surface water and 0.02 ppb for requires that, when considering whether CSFII. As to residue levels in food, EPA ground water. The EECs for chronic to establish, modify, or revoke a assumed that residues are present at exposures are estimated to be 0.8 ppb tolerance, the Agency consider tolerance levels in all crops except for surface water and 0.02 ppb for ‘‘available information’’ concerning the grape, celery, spinach, tomato, pepper, ground water. cumulative effects of a particular citrus, apple, leaf lettuce and head Modeled estimates of drinking water pesticide’s residues and ‘‘other lettuce. EPA relied on anticipated concentrations were directly entered substances that have a common residues (average residues from field into the dietary exposure model. For mechanism of toxicity.’’ trials) for these crops. One hundred PCT acute dietary risk assessment, the water Unlike other pesticides for which EPA was assumed for all commodities in the concentration value of 10.2 ppb was has followed a cumulative risk approach assessment. Default processing factors used to access the contribution to based on a common mechanism of were applied to all commodities except drinking water. For chronic dietary risk toxicity, EPA has not made a common those for which experimentally-derived assessment, the water concentration of mechanism of toxicity finding as to processing factors were available: Apple value 0.8 ppb was used to access the pyraclostrobin and any other substances juice, grape juice, citrus juices, contribution to drinking water. and pyraclostrobin does not appear to cottonseed oil, tomato paste, tomato 3. From non-dietary exposure. The produce a toxic metabolite produced by puree, wheat flour, and wheat germ. term ‘‘residential exposure’’ is used in other substances. For the purposes of iii. Cancer. EPA has classified this document to refer to non- this tolerance action, therefore, EPA has pyraclostrobin as ‘‘Not Likely to be occupational, non-dietary exposure not assumed that pyraclostrobin has a Carcinogenic to Humans.’’ Therefore, a (e.g., for lawn and garden pest control, common mechanism of toxicity with cancer exposure assessment was not indoor pest control, termiticides, and other substances. For information conducted. flea and tick control on pets). regarding EPA’s efforts to determine iv. Anticipated residue and percent Pyraclostrobin is currently registered which chemicals have a common crop treated (PCT) information. Section for the following residential non-dietary mechanism of toxicity and to evaluate 408(b)(2)(E) of FFDCA authorizes EPA sites: Residential and recreational the cumulative effects of such to use available data and information on turfgrass. EPA assessed residential chemicals, see EPA’s website at http:// the anticipated residue levels of www.epa.gov/pesticides/cumulative. exposure using the following pesticide residues in food and the actual assumptions: Residential and levels of pesticide residues that have D. Safety Factor for Infants and recreational turf applications are been measured in food. If EPA relies on Children such information, EPA must pursuant to applied by professional pest control 1. In general. Section 408 of FFDCA section 408(f)(1) of FFDCA require that operators (PCOs) only, and, therefore, provides that EPA shall apply an data be provided 5 years after the residential handler exposures do not additional (‘‘10X’’) tenfold margin of tolerance is established, modified, or occur. There is, however, a potential for safety for infants and children in the left in effect, demonstrating that the short- and intermediate-term case of threshold effects to account for levels in food are not above the levels postapplication exposure of adults and prenatal and postnatal toxicity and the anticipated. For the present action, EPA children entering lawn and recreation completeness of the database on toxicity will issue such Data Call-Ins as are areas previously treated with and exposure unless EPA determines required by section 408(b)(2)(E) of pyraclostrobin. Exposures from treated based on reliable data that a different FFDCA and authorized under section recreational sites are expected to be margin of safety will be safe for infants 408(f)(1) of FFDCA. Data will be similar to, or in many cases lower than, and children. This additional margin of required to be submitted no later than those from treated residential turf sites; safety is commonly referred to as the 5 years from the date of issuance of this therefore, a separate exposure FQPA safety factor. In applying this tolerance. assessment for recreational turf sites provision, EPA either retains the default 2. Dietary exposure from drinking was not conducted. EPA assessed value of 10X when reliable data do not water. The Agency lacks sufficient exposures from the following residential support the choice of a different factor, monitoring data to complete a turf postapplication scenarios: or, if reliable data are available, EPA comprehensive dietary exposure i. Adult and toddler postapplication uses a different additional FQPA safety analysis and risk assessment for dermal exposure from contact with factor value based on the use of pyraclostrobin in drinking water. treated lawns, traditional UFs and/or special FQPA Because the Agency does not have ii. Toddlers’ incidental ingestion of safety factors, as appropriate. comprehensive monitoring data, pesticide residues on lawns from hand- 2. Prenatal and postnatal sensitivity. drinking water concentration estimates to-mouth transfer, The prenatal and postnatal toxicology are made by reliance on simulation or iii. Toddlers’ object-to-mouth transfer database for pyraclostrobin includes the modeling taking into account data on from mouthing of pesticide-treated rat and rabbit developmental toxicity the environmental fate characteristics of turfgrass, and studies and the 2–generation pyraclostrobin. Further information iv. Toddlers’ incidental ingestion of reproduction toxicity study in rats. regarding EPA drinking water models soil from pesticide-treated residential There was no evidence of increased used in pesticide exposure assessment areas. The postapplication risk quantitative or qualitative susceptibility can be found at http://www.epa.gov/ assessment was conducted in of in utero rats or offspring following oppefed1/models/water/index.htm. accordance with the Residential exposure to pyraclostrobin in the rat Based on the Pesticide Root Zone Standard Operating Procedures (SOPs) developmental and reproduction Model/Exposure Analysis Modeling and recommended approaches of the studies. In the rabbit developmental System (PRZM/EXAMS) and Screening Health Effects Division’s (HED’s) study, there was evidence of increased Concentration in Groundwater (SCI- Science Advisory Council for Exposure qualitative susceptibility of in utero GROW) models, the estimated (ExpoSAC). rabbits following exposure to
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pyraclostrobin (increases in resorptions/ acute exposure, EPA performed two is appropriate to aggregate chronic food litter and post-implantation losses), but different acute risk assessments, one and water and intermediate-term only at doses that also resulted in focusing on females 13 to 49 years old residential exposures for pyraclostrobin. maternal toxicity (decreases in body and designed to protect against prenatal Since the endpoints and points of weight gain and food consumption). effects and the other focusing on acute departure (NOAELs) are identical for 3. Conclusion. EPA has determined effects relevant to all other population short- and intermediate-term exposures, that reliable data show that it would be groups. The more sensitive acute the aggregate MOEs for intermediate- safe for infants and children to reduce endpoint was seen as to prenatal effects term exposure are the same as those for the FQPA safety factor to 1X. That rather than other acute effects. For short-term exposure (170 for adults and decision is based on the following females 13 to 49 years old, the acute 100 for children, 1 to 2 years old). findings: dietary exposure from food and water 5. Aggregate cancer risk for U.S. i. The toxicity database for will occupy 78% of the aPAD population. EPA has classified pyraclostrobin is complete. addressing prenatal effects. As to acute pyraclostrobin into the category ‘‘Not ii. There is no indication that effects other than prenatal effects, the Likely to be Carcinogenic to Humans.’’ pyraclostrobin is a neurotoxic chemical acute dietary exposure from food and Therefore, a cancer aggregate exposure and there is no need for a water to pyraclostrobin will occupy assessment was not conducted. developmental neurotoxicity study or 2.3% of the aPAD for children 1 to 2 Pyraclostrobin is not expected to pose a additional UFs to account for years old, the population group with the cancer risk. neurotoxicity. highest estimated acute dietary 6. Determination of safety. Based on iii. There is no evidence that exposure to pyraclostrobin. these risk assessments, EPA concludes pyraclostrobin results in increased 2. Chronic risk. Using the exposure that there is a reasonable certainty that susceptibility in in utero rats in the assumptions described in this unit for no harm will result to the general prenatal developmental study or in chronic exposure, EPA has concluded population, or to infants and children young rats in the 2–generation that exposure to pyraclostrobin from from aggregate exposure to reproduction study. Although there is food and water will utilize 48% of the pyraclostrobin residues. qualitative evidence of increased cPAD for children 1 to 2 years old, the susceptibility in the prenatal population group with the highest IV. Other Considerations developmental study in rabbits, the estimated exposure and risk. Based on A. Analytical Enforcement Methodology Agency did not identify any residual the use pattern, chronic residential uncertainties after establishing toxicity exposure to residues of pyraclostrobin is Adequate enforcement methodology endpoints and traditional UFs to be not expected. (an LC/MS/MS method (BASF Method used in the risk assessment of 3. Short-term risk. Short-term D9808), and an HPLC/UV method pyraclostrobin. The degree of concern aggregate exposure takes into account (BASF Method D9904)) is available to for prenatal and/or postnatal toxicity is residential exposure plus chronic enforce the tolerance expression. The low. exposure to food and water (considered methods may be requested from: Chief, iv. There are no residual uncertainties to be a background exposure level). Analytical Chemistry Branch, identified in the exposure databases. Pyraclostrobin is currently registered Environmental Science Center, 701 The dietary food exposure assessments for uses that could result in short-term Mapes Rd., Ft. Meade, MD 20755–5350; were performed based on 100 PCT and residential exposure and the Agency has telephone number: (410) 305–2905; e- tolerance-level residues or anticipated determined that it is appropriate to mail address: [email protected]. aggregate chronic food and water and residues derived from reliable field trial B. International Residue Limits data. Conservative ground and surface short-term residential exposures for water modeling estimates were used. pyraclostrobin. There are no established or proposed Similarly, conservative Residential Using the exposure assumptions Codex maximum residue limits (MRLs) SOPs were used to assess post- described in this unit for short-term for pyraclostrobin. application dermal exposure of children exposures, EPA has concluded that V. Conclusion as well as incidental oral exposure of food, water, and residential exposures toddlers. These assessments will not aggregated result in aggregate MOEs of EPA determined that the proposed underestimate the exposure and risks 170 for adults and 100 for children, 1 to tolerance level for ‘‘cotton, undelinted posed by pyraclostrobin. 2 years old. The aggregate MOE for seed’’ of 0.4 ppm should be revised to adults is based on the residential turf 0.3 ppm based on review of the E. Aggregate Risks and Determination of scenario and includes combined food, supporting residue field trial data. As Safety drinking water and post-application the majority of cottonseed samples had Safety is assessed for acute and dermal exposures. The aggregate MOE residues below the limit of quantitation chronic risks by comparing aggregate for children includes food, drinking (LOQ) of the method (0.04 ppm), the exposure to the pesticide to the aPAD water, post-application dermal and recommended tolerance for undelinted and cPAD. The aPAD and cPAD are incidental oral exposures from entering seed could not be determined using the calculated by dividing the LOC by all turf areas previously treated with Agency’s Tolerance/MRL applicable UFs. For linear cancer risks, pyraclostrobin. Harmonization Spreadsheet. Rather, the EPA calculates the probability of 4. Intermediate-term risk. recommended tolerance of 0.3 ppm is additional cancer cases given aggregate Intermediate-term aggregate exposure based on the maximum combined exposure. Short-, intermediate-, and takes into account residential exposure residues of pyraclostrobin and its long-term risks are evaluated by plus chronic exposure to food and water desmethoxy metabolite observed in comparing aggregate exposure to the (considered to be a background seeds (0.17 ppm). LOC to ensure that the MOE called for exposure level). Therefore, the tolerances are by the product of all applicable UFs is Pyraclostrobin is currently registered established for combined residues of not exceeded. for uses that could result in pyraclostrobin, (carbamic acid, [2-[[[1- 1. Acute risk. Using the exposure intermediate-term residential exposure (4-chlorophenyl)-1H-pyrazol-3- assumptions discussed in this unit for and the Agency has determined that it yl]oxy]methyl]phenyl]methoxy-, methyl
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ester) and its desmethoxy metabolite, 1999) and Executive Order 13175, Commodity Parts per million (methyl-N-[[[1-(4-chlorophenyl)-1H- entitled Consultation and Coordination pyrazol-3- with Indian Tribal Governments (65 FR ***** yl]oxy]methyl]phenylcarbamate), 67249, November 6, 2000) do not apply expressed as parent compound, in or on to this rule. In addition, This rule does Berry, group 13 ...... 4.0 berry, group 13 at 4.0 ppm; cotton, not impose any enforceable duty or ***** undelinted seed at 0.3 ppm; and cotton, contain any unfunded mandate as Cotton, gin byproducts ... 30 gin byproducts at 30 ppm, respectively. described under Title II of the Unfunded Cotton, undelinted seed 0.3 VI. Statutory and Executive Order Mandates Reform Act of 1995 (UMRA) ***** Reviews (Public Law 104–4). This action does not involve any This final rule establishes a tolerance technical standards that would require * * * * * under section 408(d) of FFDCA in Agency consideration of voluntary [FR Doc. E7–18858 Filed 9–25–07; 8:45 am] response to a petition submitted to the consensus standards pursuant to section BILLING CODE 6560–50–S Agency. The Office of Management and 12(d) of the National Technology Budget (OMB) has exempted these types Transfer and Advancement Act of 1995 of actions from review under Executive (NTTAA), Public Law 104–113, section ENVIRONMENTAL PROTECTION Order 12866, entitled Regulatory 12(d) (15 U.S.C. 272 note). AGENCY Planning and Review (58 FR 51735, October 4, 1993). Because this rule has VII. Congressional Review Act 40 CFR Part 180 been exempted from review under The Congressional Review Act, 5 [EPA–HQ–OPP–2006–0206; FRL–8147–4] Executive Order 12866, this rule is not U.S.C. 801 et seq., generally provides subject to Executive Order 13211, that before a rule may take effect, the Sulfosulfuron; Pesticide Tolerance Actions Concerning Regulations That agency promulgating the rule must Significantly Affect Energy Supply, submit a rule report to each House of AGENCY: Environmental Protection Distribution, or Use (66 FR 28355, May the Congress and to the Comptroller Agency (EPA). 22, 2001) or Executive Order 13045, General of the United States. EPA will ACTION: Final rule. entitled Protection of Children from submit a report containing this rule and Environmental Health Risks and Safety other required information to the U.S. SUMMARY: This regulation establishes Risks (62 FR 19885, April 23, 1997). Senate, the U.S. House of tolerances for residues of sulfosulfuron This final rule does not contain any Representatives, and the Comptroller in or on grass, forage, fodder, and hay information collections subject to OMB General of the United States prior to group 17, forage, and grass, forage, approval under the Paperwork publication of this final rule in the fodder, and hay, group 17, hay. This Reduction Act (PRA), 44 U.S.C. 3501 et Federal Register. This final rule is not regulation also increases tolerances for seq., nor does it require any special a ‘‘major rule’’ as defined by 5 U.S.C. fat, meat, and meat by byproducts of considerations under Executive Order 804(2). cattle, goat, horse, and sheep, and milk. 12898, entitled Federal Actions to Monsanto Company requested this Address Environmental Justice in List of Subjects in 40 CFR Part 180 tolerance under the Federal Food, Drug, Minority Populations and Low-Income Environmental protection, and Cosmetic Act (FFDCA). Populations (59 FR 7629, February 16, Administrative practice and procedure, DATES: This regulation is effective 1994). Agricultural commodities, Pesticides Since tolerances and exemptions that September 26, 2007. Objections and and pests, Reporting and recordkeeping are established on the basis of a petition requests for hearings must be received requirements. under section 408(d) of FFDCA, such as on or before November 26, 2007, and the tolerance in this final rule, do not Dated: September 18, 2007. must be filed in accordance with the require the issuance of a proposed rule, Lois Rossi, instructions provided in 40 CFR part the requirements of the Regulatory Director, Registration Division, Office of 178 (see also Unit I.C. of the Flexibility Act (RFA) (5 U.S.C. 601 et Pesticide Programs. SUPPLEMENTARY INFORMATION). seq.) do not apply. I Therefore, 40 CFR chapter I is ADDRESSES: EPA has established a This final rule directly regulates amended as follows: docket for this action under docket growers, food processors, food handlers, identification (ID) number EPA–HQ– and food retailers, not States or tribes, PART 180—[AMENDED] OPP–2006–0206. To access the nor does this action alter the electronic docket, go to http:// relationships or distribution of power I 1. The authority citation for part 180 www.regulations.gov, select ‘‘Advanced and responsibilities established by continues to read as follows: Search,’’ then ‘‘Docket Search.’’ Insert Congress in the preemption provisions Authority: 21 U.S.C. 321(q), 346a and 371. the docket ID number where indicated of section 408(n)(4) of FFDCA. As such, and select the ‘‘Submit’’ button. Follow the Agency has determined that this I 2. Section 180.582 is amending the instructions on the regulations.gov action will not have a substantial direct paragraph (a)(1) in the table as follows: website to view the docket index or effect on States or tribal governments, I i. By revising the entry for ‘‘Berry access available documents. All on the relationship between the national group 13’’; and documents in the docket are listed in government and the States or tribal I ii. By alphabetically adding ‘‘Cotton, the docket index available in governments, or on the distribution of gin byproducts’’ and ‘‘Cotton, regulations.gov. Although listed in the power and responsibilities among the undelinted seed.’’ index, some information is not publicly various levels of government or between The amendments read as follows: available, e.g., Confidential Business the Federal Government and Indian Information (CBI) or other information § 180.582 Pyraclostrobin; tolerances for tribes. Thus, the Agency has determined residues. whose disclosure is restricted by statute. that Executive Order 13132, entitled Certain other material, such as Federalism (64 FR 43255, August 10, (a) General. (1) * * * copyrighted material, is not placed on
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the Internet and will be publicly B. How Can I Access Electronic Copies II. Petition for Tolerance available only in hard copy form. of this Document? In the Federal Register of July 14, Publicly available docket materials are In addition to accessing an electronic 2006 (71 FR 40106) (FRL–8057–7), EPA available in the electronic docket at copy of this Federal Register document issued a notice pursuant to section http://www.regulations.gov, or, if only through the electronic docket at http:// 408(d)(3) of FFDCA, 21 U.S.C. available in hard copy, at the OPP www.regulations.gov, you may access 346a(d)(3), announcing the filing of a Regulatory Public Docket in Rm. S– this Federal Register document pesticide petition (PP 6F7031) by 4400, One Potomac Yard (South Bldg.), electronically through the EPA Internet Monsanto Company, 1300 I St., NW., 2777 S. Crystal Dr., Arlington, VA. The under the ‘‘Federal Register’’ listings at Suite 450 East, Washington, DC 20005. Docket Facility is open from 8:30 a.m. http://www.epa.gov/fedrgstr. You may The petition requested that 40 CFR to 4 p.m., Monday through Friday, also access a frequently updated 180.552 be amended by establishing a excluding legal holidays. The Docket electronic version of EPA’s tolerance tolerance for residues of the herbicide Facility telephone number is (703) 305– regulations at 40 CFR part 180 through sulfosulfuron, 1-(4,6- 5805. the Government Printing Office’s pilot dimethoxypyrimidin-2-yl)-3-[(2-ethane- e-CFR site at http://www.gpoaccess.gov/ FOR FURTHER INFORMATION CONTACT: sulfonyl-imidazo[1,2-a]pyridine-3- ecfr. Vickie Walters, Registration Division yl)sulfonyl]urea, and its metabolites (7505P), Office of Pesticide Programs, C. Can I File an Objection or Hearing converted to 2- Environmental Protection Agency, 1200 Request? (ethylsulfonyl)imidazol[1,2-a]pyridine and calculated at sulfosulfuron, in or on Pennsylvania Ave., NW., Washington, Under section 408(g) of FFDCA, any DC 20460–0001; telephone number: grass, forage at 13.0 parts per million person may file an objection to any (ppm); grass, hay at 14 ppm; milk at (703) 305–5704; e-mail address: aspect of this regulation and may also [email protected]. 0.02 ppm; fat of cattle, goat, horse, and request a hearing on those objections. sheep at 0.03 ppm; meat of cattle, goat, You must file your objection or request SUPPLEMENTARY INFORMATION: horse, and sheep at 0.01 ppm; and meat a hearing on this regulation in byproducts of cattle, goat, horse, and I. General Information accordance with the instructions sheep at 0.4 ppm. . That notice provided in 40 CFR part 178. To ensure A. Does this Action Apply to Me? referenced a summary of the petition proper receipt by EPA, you must prepared by Monsanto Company, the You may be potentially affected by identify docket ID number EPA–HQ– registrant, which is available to the OPP–2006–0206 in the subject line on this action if you are an agricultural public in the docket, http:// the first page of your submission. All producer, food manufacturer, or www.regulations.gov. There were no requests must be in writing, and must be pesticide manufacturer. Potentially comments received in response to the mailed or delivered to the Hearing Clerk affected entities may include, but are notice of filing. as required by 40 CFR part 178 on or not limited to those engaged in the Based upon review of the data before November 26, 2007. supporting the petition and Agency following activities: In addition to filing an objection or procedures concerning commodity • Crop production (NAICS code 111), hearing request with the Hearing Clerk names, the Agency is correcting the e.g., agricultural workers; greenhouse, as described in 40 CFR part 178, please terminology and tolerance level for nursery, and floriculture workers; submit a copy of the filing that does not pending crops under 40 CFR 180.552 (a) farmers. contain any CBI for inclusion in the as follows: Grass, forage, fodder and public docket that is described in • Animal production (NAICS code hay, group 17, forage at 14 ppm; grass, ADDRESSES. Information not marked 112), e.g., cattle ranchers and farmers, forage, fodder and hay, group 17, hay at confidential pursuant to 40 CFR part 2 dairy cattle farmers, livestock farmers. 25 ppm; cattle, fat at 0.02 ppm; cattle, may be disclosed publicly by EPA • meat at 0.01; cattle, meat byproducts at Food manufacturing (NAICS code without prior notice. Submit this copy, 311), e.g., agricultural workers; farmers; identified by docket ID number EPA– 0.30; goat, fat at 0.02 ppm; goat, meat at greenhouse, nursery, and floriculture HQ–OPP–2006–0206, by one of the 0.01 ppm; goat, meat byproducts at 0.30; workers; ranchers; pesticide applicators. following methods: horse, fat at 0.02 ppm; horse, meat at 0.01 ppm; horse, meat byproducts at • Pesticide manufacturing (NAICS • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line 0.30; milk at 0.02; sheep, fat at 0.02 code 32532), e.g., agricultural workers; ppm; sheep, meat at 0.01 ppm; and commercial applicators; farmers; instructions for submitting comments. • Mail: Office of Pesticide Programs sheep; meat byproducts at 0.30 ppm. greenhouse, nursery, and floriculture These entries will replace current workers; residential users. (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 entries for cattle, fat; cattle, meat; cattle, This listing is not intended to be Pennsylvania Ave., NW., Washington, meat byproduct; goat, fat; goat, meat; exhaustive, but rather to provide a guide DC 20460–0001. goat, meat byproducts, horse, fat; horse, for readers regarding entities likely to be • Delivery: OPP Regulatory Public meat; horse; meat byproduct; milk; affected by this action. Other types of Docket (7502P), Environmental sheep; fat; sheep, meat; and sheep, meat entities not listed in this unit could also Protection Agency, Rm. S–4400, One byproducts listed in paragraphs 40 CFR be affected. The North American Potomac Yard (South Bldg.), 2777 S. 180. 552(a) and (b). The current entries Industrial Classification System Crystal Dr., Arlington, VA. Deliveries listed in 180.552 (b) for bahiagrass, (NAICS) codes have been provided to are only accepted during the Docket’s forage at 11 ppm; bahiagrass, hay at 40 assist you and others in determining normal hours of operation (8:30 a.m. to ppm; bermudagrass, forage at 11 ppm; whether this action might apply to 4 p.m., Monday through Friday, and bermudagrass, hay at 40 ppm are certain entities. If you have any excluding legal holidays). Special replaced by the entries for grass, forage, questions regarding the applicability of arrangements should be made for fodder and hay, group 27, forage at 14 this action to a particular entity, consult deliveries of boxed information. The ppm; and grass, forage, fodder and hay, the person listed under FOR FURTHER Docket Facility telephone number is group 17, hay at 25 ppm in 40 CFR INFORMATION CONTACT. (703) 305–5805. 180.552 (a).
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III. Aggregate Risk Assessment and by sulfosulfuron as well as the no- exposures from sulfosulfuron in food as Determination of Safety observed-adverse-effect-level (NOAEL) follows: i. Acute exposure. Quantitative acute Section 408(b)(2)(A)(i) of FFDCA and the lowest-observed-adverse-effect- dietary exposure and risk assessments allows EPA to establish a tolerance (the level (LOAEL) from the toxicity studies are performed for a food-use pesticide, legal limit for a pesticide chemical are discussed in the final rule published if a toxicological study has indicated the residue in or on a food) only if EPA in the Federal Register of May 19, 1999 possibility of an effect of concern determines that the tolerance is ‘‘safe.’’ (64 FR 27186 (FRL–6078–4). occurring as a result of a 1–day or single Section 408(b)(2)(A)(ii) of FFDCA B. Toxicological Endpoints exposure. defines ‘‘safe’’ to mean that ‘‘there is a For hazards that have a threshold No such effects were identified in the reasonable certainty that no harm will below which there is no appreciable toxicological studies for sulfosulfuron; result from aggregate exposure to the risk, the toxicological level of concern is therefore, a quantitative acute dietary pesticide chemical residue, including derived from the highest dose at which exposure assessment is unnecessary. all anticipated dietary exposures and all no adverse effects are observed in the ii. Chronic exposure. In conducting other exposures for which there is toxicology study identified as the chronic dietary exposure assessment reliable information.’’ This includes appropriate for use in risk assessment. EPA used the food consumption data exposure through drinking water and in However, if a NOAEL cannot be from the Unired States Department of residential settings, but does not include determined, the lowest dose at which Agriculture (USDA) 1994–1996, or 1998 occupational exposure. Section adverse effects of concern are identified Continuing Survey of Food Intake by 408(b)(2)(C) of FFDCA requires EPA to is sometimes used for risk assessment. Individuals (CSFII). As to residue levels give special consideration to exposure Uncertainty/safety factors (UFs) are in food, EPA assumed all foods for of infants and children to the pesticide used in conjunction with the LOC to which there are tolerances were treated chemical residue in establishing a take into account uncertainties inherent and contain tolerance-level residues and tolerance and to ‘‘ensure that there is a in the extrapolation from laboratory Dietary Exposure Evalutation Model reasonable certainty that no harm will animal data to humans and in the (DEEM) (version 7.76) default result to infants and children from variations in sensitivity among members processing factors. aggregate exposure to the pesticide of the human population as well as iii. Cancer. In accordance with the chemical residue. . . .’’ These provisions other unknowns. Safety is assessed for Agency’s Proposed Guidelines for were added to FFDCA by the Food acute and chronic risks by comparing Carcinogenic Risk Assessment (April 10, Quality Protection Act (FQPA) of 1996. aggregate exposure to the pesticide to 1996), the CARC classified sulfosulfuron Consistent with section 408(b)(2)(D) the acute population adjusted dose as a likely human carcinogen. The of FFDCA, and the factors specified in (aPAD) and chronic population adjusted weight-of-evidence for this classification section 408(b)(2)(D) of FFDCA, EPA has dose (cPAD). The aPAD and cPAD are are as follows: reviewed the available scientific data calculated by dividing the LOC by all • Occurrence of rare transitional cell and other relevant information in applicable UFs. Short-term, papilloma and cancinoma of urinary support of this action. EPA has intermediate-term, and long-term risks bladder in female rats. sufficient data to assess the hazards of are evaluated by comparing aggregate • Occurrence of rare benign and to make a determination on exposure to the LOC to ensure that the mesenchymal tumors of the urinary aggregate exposure for the petitioned-for margin of exposure (MOE) called for by bladder in high dose male as well as tolerance for residues of sulfosulfuron the product of all applicable UFs is not renal adenomas in female and possibly on grass, forage, fodder and hay, group exceeded. male mice. 17, forage at 14 ppm; grass, forage, For non-threshold risks, the Agency • The relevancy of the observed fodder and hay, group 17, hay at 25 assumes that any amount of exposure tumors to human exposure. The Agency ppm; cattle, fat 0.02 ppm; cattle, meat at will lead to some degree of risk and determined that a linear low-dose 0.01; cattle, meat byproducts at 0.3; estimates risk in terms of the probability approach (Q 1*) for human risk goat, fat at 0.02 ppm; goat, meat at 0.01 of occurrence of additional adverse characterization and extrapolation of ppm; goat, meat byproducts at 0.3; cases. Generally, cancer risks are risk should be based on the incidence of horse, fat at 0.02 ppm; horse, meat at considered non-threshold. For more benign mesenchymal tumors in male 0.01 ppm; horse, meat byproducts at 0.3; information on the general principles mice. The rat transitional tumors and milk at 0.02; sheep, fat at 0.02 ppm; EPA uses in risk characterization and a mouse renal tumors were not used sheep, meat at 0.01 ppm; and sheep; complete description of the risk because of their low incidence. This meat byproducts at 0.3 ppm. EPA’s assessment process, see http:// extrapolation, rather than an MOE assessment of exposures and risks www.epa.gov/fedrgstr/EPA-PEST/1997/ approach is supported by the lack of associated with establishing the November/Day-26/p30948.htm. sufficient data to characterize the tolerance follows. A summary of the toxicological mechanism of carcinogencity. The unit risk, Q 1* milligram/kilogram/day (mg/ A. Toxicological Profile endpoints for sulfosulfuron used for human risk assessment is discussed in kg/day)-1 of sulfosulfuron based upon EPA has evaluated the available Unit IV.A. of the final rule published in male mouse urinary bladder toxicity data and considered its validity, the Federal Register of November 16, mescenchmal tumor rates is 1.03 X 10-3 completeness, and reliability as well as 2005 (70 FR 69457) (FRL–7740–1) (mg/kg/day)-1 in human equivalents. the relationship of the results of the The cancer dietary analysis assumed studies to human risk. EPA has also C. Exposure Assessment tolerance level residues, 100% CT and considered available information 1. Dietary exposure from food and DEEM (version 7.76) default processing concerning the variability of the feed uses. In evaluating dietary factors. sensitivities of major identifiable exposure to sulfosulfuron, EPA 2. Dietary exposure from drinking subgroups of consumers, including considered exposure under the water.The Agency lacks sufficient infants and children. Specific petitioned-for tolerances as well as all monitoring data to complete a information on the studies received and existing sulfosulfuron tolerances in (40 comprehensive dietary exposure the nature of the adverse effects caused CFR 180.552). EPA assessed dietary analysis and risk assessment for
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sulfosulfuron in drinking water. the Chronic Reference Dose (cRfD)). chemicals, see EPA’s website at http:// Because the Agency does not have Agency SOPs for Residential Exposure www.epa.gov/pesticides/cumulative. comprehensive monitoring data, Assessments (Draft, December 18, 1997) drinking water concentration estimates were used as a guideline for performing D. Safety Factor for Infants and are made by reliance on simulation or the residential post-application Children modeling taking into account data on exposure (with amendments, 2001). 1. In general. Section 408 of FFDCA the environmental fate characteristics of Children’s hand-to-mouth, object to provides that EPA shall apply an mouth (turfgrass) and soil ingestion sulfosulfuron. Further information additional (‘‘10X’’) tenfold margin of regarding EPA drinking water models were assessed. As discussed above, safety for infants and children in the used in pesticide exposure assessment there are no residential handler uses for case of threshold effects to account for can be found at http://www.epa.gov/ sulfosulfuron. Therefore, the residential prenatal and postnatal toxicity and the oppefed1/models/water/index.htm. cancer assessment for adults considered Based on the First Index Reservoir post-application only. Cancer risk for completeness of the database on toxicity Screening Tool (FIRST) and Screening residential adults was calculated based and exposure unless EPA determines Concentration in Ground Water (SCI- on high activity on treated lawns. A based on reliable data that a different GROW) models, the estimated drinking transfer coefficient (TC) of 1,000 cm2/hr margin of safety will be safe for infants water concentrations (EDWCs) of was used. Several conservative and children. This additional margin of sulfosulfuron for acute exposures are assumptions are built into the safety is commonly referred to as the estimated to be 10.41 parts per billion assessment of residential cancer risk. FQPA safety factor. In applying this (ppb) for surface water and 2.6 ppb for These include fifty years of exposure provision, EPA either retains the default ground water. The EWDCs for chronic and an estimated 20% of foliar residues value of 10X when reliable data do not exposures are estimated to be 1.12 ppb being dislodgeable (DFRs) from turf, support the choice of a different factor, for surface water and 2.6 ppb for ground which is derived from the maximum or, if reliable data are available, EPA water. application rate. An average of 14 days uses a different additional FQPA safety Modeled estimates of drinking water of DFRs were used for this cancer factor value based on the use of concentrations were directly entered assessment, this would be considered a traditional UFs and/or special FQPA into the dietary exposure model. For 10% decrease each day (from dilution safety factors, as appropriate. chronic dietary risk assessment, the by rain, and mowing or grass) of the 2. Prenatal and postnatal sensitivity. water concentration of value 2.6 ppb 20% residue for at least 14 days, and The developmental studies in rat and was used to access the contribution to then taking the mean value of this 14– rabbit and the reproductive study in rats drinking water. day exposure. It should be noted that 3. From non-dietary exposure. The did not indicate increased susceptibility the current default DFR is 5% from turf. of rats or rabbits in utero and/or term ‘‘residential exposure’’ is used in At the time of the last risk assessment, postnatal exposure. this document to refer to non- the Agency assumed 20% DFR as a occupational, non-dietary exposure default. As a result, the estimate of 3. Conclusion. EPA has determined (e.g., for lawn and garden pest control, residential adult risk is more that reliable data show that it would be indoor pest control, termiticides, and conservative than it would be otherwise. safe for infants and children to reduce flea and tick control on pets). The Lifetime Average Daily Dose the FQPA safety factor to 1X. That Residential exposure is not expected (LADD) = 6.0 X 10-5 mg/kg/day for a TC decision is based on the following for the new proposed uses. However of 1,000 cm2/hr (high exposure activity findings: sulfosulfuron is registered for use on for 1 hour). turf. Residential homeowners are not i. The toxicity database for 4. Cumulative effects from substances sulfosulfuron is complete. expected to handle sulfosulfuron with a common mechanism of toxicity. directly. However, sulfosulfuron is Section 408(b)(2)(D)(v) of FFDCA ii. There is no indication that applied by professional commercial requires that, when considering whether sulfosulfuron is a neurotoxic chemical operators to lawn areas (such as to establish, modify, or revoke a and there is no need for a apartment complexes, parks, schools, tolerance, the Agency consider developmental neurotoxicity study or recreational areas and public areas) ‘‘available information’’ concerning the additional UFs to account for where residents would come into cumulative effects of a particular neurotoxicity. contact with sulfosulfuron residues. pesticide’s residues and ‘‘other iii. There is no evidence that Therefore, as a part of a previous risk substances that have a common sulfosulfuron results in increased assessment for this herbicide, post mechanism of toxicity.’’ susceptibility in in utero rats or rabbits application exposure and risk to Unlike other pesticides for which EPA in the prenatal developmental studies or residents (adults and children) were has followed a cumulative risk approach in young rats in the 2–generation assessed. Post-application inhalation based on a common mechanism of reproduction study. exposure to children is considered to be toxicity, EPA has not made a common negligible. Non-dietary, incidental mechanism of toxicity finding as to iv. There are no residual uncertainties ingestion of residues from treated sulfosulfuron and any other substances identified in the exposure databases. turfgrass and ingestion of contaminated and sulfosulfuron does not appear to The dietary food exposure assessments soil are possible. To address the short- produce a toxic metabolite produced by were performed based on 100% CT and term residential risk to children from other substances. For the purposes of tolerance-level residues Conservative incidental oral exposure, the Agency this tolerance action, therefore, EPA has ground water and surface water used the NOAEL of 24 mg/kg/day from not assumed that sulfosulofuron has a modeling estimates were used. Similarly the combined chronic toxicity/ common mechanism of toxicity with conservative Residential SOPs were carcinogenicity study in rats. This other substances. For information used to assess post-application exposure NOAEL is considered conservative and regarding EPA’s efforts to determine to children as well as incidental oral health protective for this assessment which chemicals have a common exposure of toddlers. These assessments because it represents the lowest NOAEL mechanism of toxicity and to evaluate will not underestimate the exposure and in most sensitive species (the basis for the cumulative effects of such risks posed by sulfosulfuron.
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E. Aggregate Risks and Determination of assessment considered exposure from B. International Residue Limits Safety. food, water, and residential sources. There are no established or proposed Safety is assessed for acute and EPA performs cancer assessments for Codex or Mexican maximum residue chronic risks by comparing aggregate the general U.S. population only. The limits (MRLs) for residues of exposure to the pesticide to the aPAD cancer dietary analyses assumed sulfosulfuron in grasses or wheat. There and cPAD. The aPAD and cPAD are tolerance level residues, 100% CT, and are no established Canadian MRLs for calculated by dividing the LOC by all DEEM (version 7.76) default processing residues of sulfosulfuron in grasses. A applicable UFs. For linear cancer risks, factors. The dietary cancer risk from Canadian MRL has been established for EPA calculates the probability of drinking water and food for the U.S. residues of sulfosulfuron in wheat. additional cancer cases given aggregate population was 3 X 10-7. Residential exposure. Short-term, intermediate- cancer risk was estimated for adults V. Conclusion term, and long-term risks are evaluated only based on dermal exposure to Therefore, tolerances are established by comparing aggregate exposure to the treated areas. The estimated cancer risk for residues of sulfosulfuron, 1-(4,6- LOC to ensure that the MOE called for for adults on day zero, based on high- dimethoxypyrimidin-2-yl)-3-[(2-ethane- by the product of all applicable UFs is exposure activity for one hour sulfonyl-imidazo[1,2-a]pyridine-3- not exceeded. (Tc=1,000 cm2/hr) is estimated to be 1.2 yl)sulfonyl]urea, and its metabolites 1. Acute risk. An endpoint was not X 10-7. The aggregate cancer risk converted to 2- selected for acute dietary risk estimate for adults is 3 X 10-7. If (ethylsulfonyl)imidazol[1,2-a]pyridine assessment because there were no childhood incidental oral exposure from and calculated at sulfosulfuorn, as effects attributable to a single dose residential sources is included in the discussed in Unit II. (exposure) observed in oral toxicology aggregate cancer risk assessment, the VI. Statutory and Executive Order studies (including developmental -7 toxicity studies in the rat and rabbit (at estimated cancer risk is 4 X 10 . Since Reviews the cancer risk is less than the negligible or up to 1,000 mg/kg/day)) and an acute This final rule establishes a tolerance risk level of risks in the range of or neurotoxicity study in rat (at or up to 2, under section 408(d) of FFDCA in below 1 X 10-6, EPA does not have a 000 mg/kg/day). The acute oral toxicity response to a petition submitted to the of sulfosulfuron is also very low. concern for aggregate cancer risk from Agency. The Office of Management and Therefore, sulfosulfuron is not expected sulfosulfuron. Budget (OMB) has exempted these types to pose an acute risk. 6. Determination of safety. Based on of actions from review under Executive 2. Chronic risk. Using the exposure these risk assessments, EPA concludes Order 12866, entitled Regulatory assumptions described in this unit for that there is a reasonable certainty that Planning and Review (58 FR 51735, chronic exposure, EPA has concluded no harm will result to the general October 4, 1993). Because this rule has that exposure to sulfosulfuron from food < population, or to infants and children been exempted from review under and water will utilize 1% of the cPAD from aggregate exposure to Executive Order 12866, this rule is not for all population subgroups including sulfosulfuron residues. subject to Executive Order 13211, infants and children. Based the use Actions Concerning Regulations That pattern, chronic residential exposure to IV. Other Considerations Significantly Affect Energy Supply, residues of sulfosulfuron is not A. Analytical Enforcement Methodology Distribution, or Use (66 FR 28355, May expected. 22, 2001) or Executive Order 13045, 3. Short-term risk. Short-term In support of the use on wheat, the entitled Protection of Children from aggregate exposure takes into account petitioner proposed two common- Environmental Health Risks and Safety residential exposure plus chronic moiety high-performance liquid Risks (62 FR 19885, April 23, 1997). exposure to food and water (considered This final rule does not contain any to be a background exposure level). chromatography (HPLC) methods with Sulfosulfuron is currently registered fluorescence detection for enforcement information collections subject to OMB for use(s) that could result in short-term of tolerances in wheat and livestock approval under the Paperwork residential exposure and the Agency has commodities. For grasses the company Reduction Act (PRA), 44 U.S.C. 3501 et determined that it is appropriate to used a common moiety liquid seq., nor does it require any special aggregate chronic food and water and chromatograph/mass spectrometry/mass considerations under Executive Order short-term exposures for sulfosulfuron. spectrometry (LC/MS/MS) method. The 12898, entitled Federal Actions to Using the exposure assumptions validated limit of quantitation (LOQ) Address Environmental Justice in described in this unit for short-term was 0.005 and the limit of detection Minority Populations and Low-Income exposures, EPA has concluded that (LOD) was 0.0026. The revision of the Populations (59 FR 7629, February 16, food, water, and residential exposures original HPLC enforcement method to 1994). aggregated result in an aggregate MOE of use LC/MC detection resolves the Since tolerances and exemptions that 1,300 for children 1-2 years old. previous deficiencies related to the are established on the basis of a petition 4. Intermediate-term risk. specificity and confirmatory method. under section 408(d) of FFDCA, such as the tolerance in this final rule, do not Intermediate-term aggregate exposure These deficiencies are no longer require the issuance of a proposed rule, takes into account residential exposure outstanding. plus chronic exposure to food and water the requirements of the Regulatory (considered to be a background Adequate enforcement methodology Flexibility Act (RFA) (5 U.S.C. 601 et exposure level). LC/MS/MS is available to enforce the seq.) do not apply. Though residential exposure could tolerance expression. The method may This final rule directly regulates occur no toxicological effects have been be requested from: Chief, Analytical growers, food processors, food handlers, identified for intermediate-term toxicity. Chemistry Branch, Environmental and food retailers, not States or tribes, Therefore, the aggregate risk is the sum Science Center, 701 Mapes Rd., Ft. nor does this action alter the of the risk from food and water. Meade, MD 20755–5350; telephone relationships or distribution of power 5. Aggregate cancer risk for U.S. number: (410) 305–2905; e-mail address: and responsibilities established by population. The cancer aggregate risk [email protected]. Congress in the preemption provisions
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of section 408(n)(4) of FFDCA. As such, consensus standards pursuant to section Agricultural commodities, Pesticides the Agency has determined that this 12(d) of the National Technology and pests, Reporting and recordkeeping action will not have a substantial direct Transfer and Advancement Act of 1995 requirements. effect on States or tribal governments, (NTTAA), Public Law 104–113, section Dated: September 13, 2007. on the relationship between the national 12(d) (15 U.S.C. 272 note). Lois Rossi, government and the States or tribal VII. Congressional Review Act governments, or on the distribution of Director, Registration Division, Office of power and responsibilities among the The Congressional Review Act, 5 Pesticide Programs. U.S.C. 801 et seq., generally provides various levels of government or between I that before a rule may take effect, the Therefore, 40 CFR chapter I is the Federal Government and Indian amended as follows: tribes. Thus, the Agency has determined agency promulgating the rule must submit a rule report to each House of that Executive Order 13132, entitled PART 180—[AMENDED] Federalism (64 FR 43255, August 10, the Congress and to the Comptroller General of the United States. EPA will 1999) and Executive Order 13175, I 1. The authority citation for part 180 submit a report containing this rule and entitled Consultation and Coordination continues to read as follows: with Indian Tribal Governments (65 FR other required information to the U.S. 67249, November 6, 2000) do not apply Senate, the U.S. House of Authority: 21 U.S.C. 321(q), 346a and 371. Representatives, and the Comptroller to this rule. In addition, This rule does I 2. Section 180.552 is amended by General of the United States prior to not impose any enforceable duty or publication of this final rule in the revising the table in paragraph (a), and contain any unfunded mandate as Federal Register. This final rule is not by removing the text and reserving described under Title II of the Unfunded a ‘‘major rule’’ as defined by 5 U.S.C. paragraph (b) to read as follows: Mandates Reform Act of 1995 (UMRA) 804(2). (Public Law 104–4). § 180.552 Sulfosulfuron; tolerances for residues. This action does not involve any List of Subjects in 40 CFR Part 180 technical standards that would require Environmental protection, (a) * * * Agency consideration of voluntary Administrative practice and procedure,
Commodity Parts per million
Cattle, fat ...... 0.02 Cattle, meat ...... 0.01 Cattle, meat byproducts ...... 0.3 Goat, fat ...... 0.02 Goat, meat ...... 0.01 Goat, meat byproducts ...... 0.3 Grass, forage, fodder and hay, group 17, forage ...... 14 Grass, forage, fodder and hay, group 17, hay ...... 25 Hog, fat ...... 0.005 Hog, meat ...... 0.005 Hog, meat byproducts ...... 0.05 Horse, fat ...... 0.02 Horse, meat ...... 0.01 Horse, meat byproducts ...... 0.3 Milk ...... 0.02 Sheep, fat ...... 0.02 Sheep, meat ...... 0.01 Sheep, meat byproducts ...... 0.3 Wheat, forage ...... 4.0 Wheat, grain ...... 0.02 Wheat, hay ...... 0.3 Wheat, straw 0.1
(b) Section 18 emergency exemptions. ENVIRONMENTAL PROTECTION modifying certain tolerances for the [Reserved] AGENCY insecticides oxydemeton-methyl, * * * * * profenofos, and trichlorfon. In addition, 40 CFR Part 180 [FR Doc. E7–18864 Filed 9–25–07; 8:45 am] EPA is establishing new tolerances for the insecticides oxydemeton-methyl and BILLING CODE 6560–50–S [EPA–HQ–OPP–2007–0261; FRL–8147–6] profenofos. EPA is not taking action on Methamidophos, Oxydemeton-methyl, tolerances for methamidophos at this Profenofos, and Trichlorfon; Tolerance time. The regulatory actions finalized in Actions this document are follow-up to the Agency’s reregistration program under AGENCY: Environmental Protection the Federal Insecticide, Fungicide, and Agency (EPA). Rodenticide Act (FIFRA), and tolerance ACTION: Final rule. reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA) SUMMARY: EPA is revoking certain tolerances for the insecticide section 408(q). oxydemeton-methyl. Also, EPA is
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DATES: This regulation is effective • Pesticide manufacturing (NAICS • Federal eRulemaking Portal: http:// September 26, 2007. Objections and code 32532). www.regulations.gov. Follow the on-line requests for hearings must be received This listing is not intended to be instructions for submitting comments. on or before November 26, 2007, and exhaustive, but rather provides a guide • Mail: Office of Pesticide Programs must be filed in accordance with the for readers regarding entities likely to be (OPP) Regulatory Public Docket (7502P), instructions provided in 40 CFR part affected by this action. Other types of Environmental Protection Agency, 1200 178 (see also Unit I.C. of the entities not listed in this unit could also Pennsylvania Ave., NW., Washington, SUPPLEMENTARY INFORMATION). be affected. The North American DC 20460–0001. • ADDRESSES: EPA has established a Industrial Classification System Delivery: OPP Regulatory Public docket for this action under docket (NAICS) codes have been provided to Docket (7502P), Environmental identification (ID) number EPA–HQ– assist you and others in determining Protection Agency, Rm. S–4400, One OPP–2007–0261. To access the whether this action might apply to Potomac Yard (South Bldg.), 2777 S. electronic docket, go to http:// certain entities. If you have any Crystal Dr., Arlington, VA. Deliveries www.regulations.gov, select ‘‘Advanced questions regarding the applicability of are only accepted during the Docket’s Search,’’ then ‘‘Docket Search.’’ Insert this action to a particular entity, consult normal hours of operation (8:30 a.m. to FOR FURTHER the docket ID number where indicated the person listed under 4 p.m., Monday through Friday, and select the ‘‘Submit’’ button. Follow INFORMATION CONTACT. excluding legal holidays). Special the instructions on the regulations.gov B. How Can I Access Electronic Copies arrangements should be made for website to view the docket index or of this Document? deliveries of boxed information. The access available documents. All Docket Facility telephone number is In addition to accessing an electronic (703) 305–5805. documents in the docket are listed in copy of this Federal Register document the docket index available in through the electronic docket athttp:// II. Background regulations.gov. Although listed in the www.regulations.gov, you may access A. What Action is the Agency Taking? index, some information is not publicly this ‘‘Federal Register’’ document available, e.g., Confidential Business electronically through the EPA Internet In the Federal Register of May 23, Information (CBI) or other information under the ‘‘Federal Register’’ listings 2007 (72 FR 28912) (FRL–8130–8), EPA whose disclosure is restricted by statute. athttp://www.epa.gov/fedrgstr. You may issued a proposal to revoke, remove, Certain other material, such as also access a frequently updated modify, and establish certain specific copyrighted material, is not placed on electronic version of 40 CFR part 180 tolerances for residues of the the Internet and will be publicly through the Government Printing insecticides methamidophos, available only in hard copy form. Office’s pilot e-CFR site at http:// oxydemeton-methyl, profenophos, and Publicly available docket materials are www.gpoaccess.gov/ecfr. trichlorfon. Also, the proposal of May available in the electronic docket at 23, 2007 (72 FR 28912) provided a 60– http://www.regulations.gov, or, if only C. Can I File an Objection or Hearing day comment period which invited available in hard copy, at the OPP Request? public comment for consideration and Regulatory Public Docket in Rm. S– Under section 408(g) of FFDCA, as for support of tolerance retention under 4400, One Potomac Yard (South Bldg.), amended by the Food, Quality, FFDCA standards. 2777 S. Crystal Dr., Arlington, VA. The Protection Act (FQPA), any person may In this final rule, EPA is revoking, Docket Facility is open from 8:30 a.m. file an objection to any aspect of this removing, modifying, and establishing to 4 p.m., Monday through Friday, regulation and may also request a specific tolerances for residues of excluding legal holidays. The Docket hearing on those objections. The EPA oxydemeton-methyl, profenofos, and Facility telephone number is (703) 305– procedural regulations which govern the trichlorfon in or on commodities listed 5805. submission of objections and requests in the regulatory text of this document. FOR FURTHER INFORMATION CONTACT: for hearings appear in 40 CFR part 178. EPA is finalizing these tolerance Joseph Nevola, Special Review and You must file your objection or request actions in order to implement the Reregistration Division (7508P), Office a hearing on this regulation in tolerance recommendations made of Pesticide Programs, Environmental accordance with the instructions during the reregistration and tolerance Protection Agency, 1200 Pennsylvania provided in 40 CFR part 178. To ensure reassessment processes (including Ave., NW., Washington, DC 20460– proper receipt by EPA, you must follow-up on canceled or additional 0001; telephone number: (703) 308– identify docket ID number EPA–HQ– uses of pesticides). As part of these 8037; e-mail OPP–2007–0261 in the subject line on processes, EPA is required to determine address:[email protected]. the first page of your submission. All whether each of the amended tolerances requests must be in writing, and must be meets the safety standard of FFDCA. SUPPLEMENTARY INFORMATION: mailed or delivered to the Hearing Clerk The safety finding determination of I. General Information on or before November 26, 2007. ‘‘reasonable certainty of no harm’’ is In addition to filing an objection or discussed in detail in each A. Does this Action Apply to Me? hearing request with the Hearing Clerk Reregistration Eligibility Decision (RED) You may be potentially affected by as described in 40 CFR part 178, please and Report on FQPA Tolerance this action if you are an agricultural submit a copy of the filing that does not Reassessment Progress and Interim Risk producer, food manufacturer, or contain any CBI for inclusion in the Management Decision (TRED) for the pesticide manufacturer. Potentially public docket that is described in active ingredient. REDs and TREDs affected entities may include, but are ADDRESSES. Information not marked recommend the implementation of not limited to: confidential pursuant to 40 CFR part 2 certain tolerance actions, including • Crop production (NAICS code 111). may be disclosed publicly by EPA modifications, to reflect current use • Animal production (NAICS code without prior notice. Submit your patterns, to meet safety findings and 112). copies, identified by docket ID number change commodity names and • Food manufacturing (NAICS code EPA–HQ–OPP–2007–0261, by one of groupings in accordance with new EPA 311). the following methods. policy. Printed copies of many REDs
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and TREDs may be obtained from EPA’s 3. The tolerance is not supported by B. What is the Agency’s Authority for National Service Center for data that demonstrate that the tolerance Taking this Action? Environmental Publications (EPA/ meets the requirements under FQPA. EPA may issue a regulation NSCEP), P.O. Box 42419, Cincinnati, This final rule does not revoke those establishing, modifying, or revoking a OH 45242–2419, telephone number: 1– tolerances for which EPA received tolerance under FFDCA section 408(e). 800–490–9198; fax number: 1–513–489– comments stating a need for the In this final rule, EPA is establishing, 8695; Internet athttp://www.epa.gov/ tolerance to be retained. In response to modifying, and revoking tolerances to ncepihom and from the National the proposal published in the Federal implement the tolerance Technical Information Service (NTIS), Register of May 23, 2007 (72 FR 28912), recommendations made during the 5285 Port Royal Rd., Springfield, VA EPA received comments only reregistration and tolerance 22161, telephone number: 1–800–553– reassessment processes, and as follow- 6847 or (703) 605–6000; Internet at concerning methamidophos during the 60–day public comment period. up on canceled uses of pesticides. As http://www.ntis.gov. Electronic copies of part of these processes, EPA is required REDs and TREDs are available on the 1. Methamidophos. EPA will not take to determine whether each of the Internet athttp://www.regulations.gov action on methamidophos tolerances in amended tolerances meets the safety andhttp://www.epa.gov/pesticides/ 40 CFR 180.315 or amend 40 CFR 180.3 standards under FFDCA. The safety reregistration/status.htm. on tolerances for related pesticide finding determination is found in detail In this final rule, EPA is revoking chemicals at this time based on the in each post-FQPA RED and TRED for certain tolerances and/or tolerance comments. The Agency will respond to the active ingredient. REDs and TREDs exemptions because either they are no comments about methamidophos that recommend the implementation of longer needed or are associated with were received during the public certain tolerance actions, including food uses that are no longer registered comment period and address modifications to reflect current use under FIFRA in the United States. methamidophos actions in a future patterns, to meet safety findings, and Those instances where registrations notice to be published in the Federal change commodity names and were canceled were because the Register. groupings in accordance with new EPA registrant failed to pay the required The Agency did not receive any policy. Printed and electronic copies of maintenance fee and/or the registrant specific comments, during the 60–day the REDs and TREDs are available as voluntarily requested cancellation of comment period, on the following provided in Unit II.A. one or more registered uses of the pesticide active ingredients: EPA has issued post-FQPA REDs for pesticide active ingredient. The methamidophos, oxydemeton-methyl, Oxydemeton-methyl, profenofos, and tolerances revoked by this final rule are and profenofos, and a TRED for trichlorfon. Therefore, EPA is finalizing no longer necessary to cover residues of trichlorfon, whose RED was completed the amendments proposed concerning the relevant pesticides in or on prior to FQPA. REDs and TREDs contain these active ingredients in the Federal domestically treated commodities or the Agency’s evaluation of the database commodities treated outside but Register of May 23, 2007 (72 FR 28912). for these pesticides, including imported into the United States. It is For a detailed discussion of the statements regarding additional data on EPA’s general practice to issue a final Agency’s rationale for the the active ingredients that may be rule revoking those tolerances and establishments, revocations, and needed to confirm the potential human tolerance exemptions for residues of modifications to the tolerances, refer to health and environmental risk pesticide active ingredients on crop uses the proposed rule of May 23, 2007. assessments associated with current for which there are no active In addition, the Agency is making the product uses, and REDs state conditions registrations under FIFRA, unless any following revision in this final rule. under which these uses and products person who comments on the proposal 2. Oxydemeton-methyl (ODM). EPA will be eligible for reregistration. The indicates a need for the tolerance or did not propose in a notice for comment REDs and TREDs recommended the tolerance exemption to cover residues in establishment, modification, and/or to revise the tolerance nomenclature for or on imported commodities or legally revocation of specific tolerances. RED ODM in 40 CFR 180.330(a)(1) from treated domestic commodities. and TRED recommendations such as filbert to hazelnut, as is current Agency establishing or modifying tolerances, Historically, EPA has been concerned practice. However, section 553(b)(3)(B) that retention of tolerances that are not and in some cases revoking tolerances, of the Administrative Procedure Act are the result of assessment under the necessary to cover residues in or on provides that notice and comment is not legally treated foods may encourage FFDCA standard of ‘‘reasonable necessary ‘‘when the agency for good certainty of no harm.’’ However, misuse of pesticides within the United cause finds (and incorporates the States. tolerance revocations recommended in finding and a brief statement of reasons REDs and TREDs that are made final in Generally, EPA will proceed with the therefore in the rules issued) that notice this document do not need such revocation of these tolerances on the and public procedure thereon are assessment when the tolerances are no grounds discussed in Unit II.A. if one of impracticable, unnecessary, or contrary longer necessary. the following conditions applies: to the public interest.’’ Consequently, EPA’s general practice is to revoke 1. Prior to EPA’s issuance of a FFDCA for good cause, EPA is revising the tolerances for residues of pesticide section 408(f) order requesting tolerance terminology in 40 CFR active ingredients on crops for which additional data or issuance of a FFDCA 180.330(a)(1) from filbert to hazelnut. FIFRA registrations no longer exist and section 408(d) or (e) order revoking the The reason for taking this action is on which the pesticide may therefore no tolerances on other grounds, because such action has no practical longer be used in the United States. EPA commenters retract the comment impact on the use of or exposure to the has historically been concerned that identifying a need for the tolerance to be pesticide active ingredient, ODM, in or retention of tolerances that are not retained. on that commodity and is made such necessary to cover residues in or on 2. EPA independently verifies that the that the tolerance terminology will legally treated foods may encourage tolerance is no longer needed. conform to current Agency practice. misuse of pesticides within the United
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States. Nonetheless, EPA will establish III. Are There Any International Trade Reform Act of 1995 (UMRA) (Public and maintain tolerances even when Issues Raised by this Final Action? Law 104–4). Nor does it require any corresponding domestic uses are In making its tolerance decisions, EPA special considerations as required by canceled if the tolerances, which EPA seeks to harmonize U.S. tolerances with Executive Order 12898, entitled Federal refers to as ‘‘import tolerances,’’ are international standards whenever Actions to Address Environmental necessary to allow importation into the possible, consistent with U.S. food Justice in Minority Populations and United States of food containing such safety standards and agricultural Low-Income Populations (59 FR 7629, pesticide residues. However, where practices. EPA considers the February 16, 1994); or OMB review or there are no imported commodities that international Maximum Residue Limits any other Agency action under require these import tolerances, the (MRLs) established by the Codex Executive Order 13045, entitled Agency believes it is appropriate to Alimentarius Commission, as required Protection of Children from revoke tolerances for unregistered by section 408(b)(4) of FFDCA. The Environmental Health Risks and Safety pesticides in order to prevent potential Codex Alimentarius is a joint U.N. Food Risks (62 FR 19885, April 23, 1997). misuse. This action does not involve any When EPA establishes tolerances for and Agriculture Organization/World Health Organization food standards technical standards that would require pesticide residues in or on raw Agency consideration of voluntary agricultural commodities, the Agency program, and it is recognized as an international food safety standards- consensus standards pursuant to section gives consideration to possible pesticide 12(d) of the National Technology residues in meat, milk, poultry, and/or setting organization in trade agreements to which the United States is a party. Transfer and Advancement Act of 1995 eggs produced by animals that are fed (NTTAA), Public Law 104–13, section agricultural products (for example, grain EPA may establish a tolerance that is 12(d) (15 U.S.C. 272 note). Pursuant to or hay) containing pesticides residues different from a Codex MRL; however, the Regulatory Flexibility Act (RFA) (5 (40 CFR 180.6). If there is no reasonable FFDCA section 408(b)(4) requires that U.S.C. 601 et seq.), the Agency expectation of finite pesticide residues EPA explain the reasons for departing previously assessed whether in or on meat, milk, poultry, or eggs, from the Codex level in a notice establishment of tolerances, exemptions then tolerances do not need to be published for public comment. EPA’s from tolerances, raising of tolerance established for these commodities (40 effort to harmonize with Codex MRLs is levels, expansion of exemptions, or CFR 180.6(b) and180.6(c)). summarized in the tolerance reassessment section of individual REDs revocations might significantly impact a C. When Do These Actions Become and TREDs, and in the Residue substantial number of small entities and Effective? Chemistry document which supports concluded that, as a general matter, These actions become effective on the the RED and TRED, as mentioned in the these actions do not impose a significant date of publication of this final rule in proposed rule cited in Unit II.A. economic impact on a substantial the Federal Register. For this final rule, Specific tolerance actions in this rule number of small entities. These analyses the tolerances that were revoked and how they compare to Codex MRLs for tolerance establishments and because registered uses did not exist (if any) are discussed in Unit II.A. of the modifications, and for tolerance concerned uses which have been proposal. revocations were published on May 4, canceled, in some cases, for many years. 1981 (46 FR 24950) and on December IV. Statutory and Executive Order 17, 1997 (62 FR 66020) (FRL–5753–1), The Agency believes that existing stocks Reviews of pesticide products labeled for the respectively, and were provided to the uses associated with the revoked In this final rule, EPA establishes Chief Counsel for Advocacy of the Small tolerances have been completely tolerances under FFDCA section 408(e), Business Administration. Taking into exhausted and that treated commodities and also modifies and revokes specific account this analysis, and available have had sufficient time for passage tolerances established under FFDCA information concerning the pesticides through the channels of trade. section 408. The Office of Management listed in this rule, the Agency hereby Any commodities listed in the and Budget (OMB) has exempted these certifies that this final rule will not have regulatory text of this document that are types of actions (i.e., establishment and a significant economic impact on a treated with the pesticides subject to modification of a tolerance and substantial number of small entities. In this final rule, and that are in the tolerance revocation for which a memorandum dated May 25, 2001, channels of trade following the extraordinary circumstances do not EPA determined that eight conditions tolerance revocations, shall be subject to exist) from review under Executive must all be satisfied in order for an FFDCA section 408(1)(5), as established Order 12866, entitled Regulatory import tolerance or tolerance exemption by FQPA. Under this unit, any residues Planning and Review (58 FR 51735, revocation to adversely affect a of these pesticides in or on such food October 4, 1993). Because this rule has significant number of small entity shall not render the food adulterated so been exempted from review under importers, and that there is a negligible long as it is shown to the satisfaction of Executive Order 12866 due to its lack of joint probability of all eight conditions the Food and Drug Administration that: significance, this rule is not subject to holding simultaneously with respect to 1. The residue is present as the result Executive Order 13211, Actions any particular revocation. (This Agency of an application or use of the pesticide Concerning Regulations That document is available in the docket, as at a time and in a manner that was Significantly Affect Energy Supply, mentioned in Unit II.A.). Furthermore, lawful under FIFRA. Distribution, or Use (66 FR 28355, May for the pesticides named in this final 2. The residue does not exceed the 22, 2001). This final rule does not rule, the Agency knows of no level that was authorized at the time of contain any information collections extraordinary circumstances that exist the application or use to be present on subject to OMB approval under the as to the present revocations that would the food under a tolerance or exemption Paperwork Reduction Act (PRA), 44 change EPA’s previous analysis. In from tolerance. Evidence to show that U.S.C. 3501 et seq., or impose any addition, the Agency has determined food was lawfully treated may include enforceable duty or contain any that this action will not have a records that verify the dates that the unfunded mandate as described under substantial direct effect on States, on the pesticide was applied to such food. Title II of the Unfunded Mandates relationship between the national
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government and the States, or on the submit a report containing this rule and Parts per distribution of power and other required information to the U.S. Commodity million responsibilities among the various Senate, the U.S. House of levels of government, as specified in Representatives, and the Comptroller Alfalfa, forage ...... 5.0 Executive Order 13132, entitled General of the United States prior to Alfalfa, hay ...... 11.0 Bean, lima ...... 0.2 Federalism (64 FR 43255, August 10, publication of this final rule in the Beet, sugar, roots ...... 0.3 1999). Executive Order 13132 requires Federal Register. This final rule is not Beet, sugar, tops ...... 0.5 EPA to develop an accountable process a ‘‘major rule’’ as defined by 5 U.S.C. Broccoli ...... 1.0 to ensure ‘‘meaningful and timely input 804(2). Brussels sprouts ...... 1.0 by State and local officials in the Cabbage ...... 2.0 development of regulatory policies that List of Subjects in 40 CFR Part 180 Cauliflower ...... 1.0 have federalism implications.’’ ‘‘Policies Clover, forage ...... 5.0 that have federalism implications’’ is Environmental protection, Clover, hay ...... 10.0 defined in the Executive Order to Administrative practice and procedure, Corn, sweet, forage ...... 1.0 Agricultural commodities, Pesticides Corn, sweet, kernel plus cob include regulations that have with husks removed ...... 0.5 ‘‘substantial direct effects on the States, and pests, Reporting and recordkeeping requirements. Corn, sweet, stover ...... 3.0 on the relationship between the national Cotton, undelinted seed ...... 0.02 government and the States, or on the Dated: September 13, 2007. Cucumber ...... 1.0 Eggplant ...... 1.0 distribution of power and Anne E. Lindsay, responsibilities among the various Grapefruit ...... 1.0 levels of government.’’ This final rule Acting Director, Office of Pesticide Programs. Hazelnut ...... 0.05 directly regulates growers, food I Therefore, 40 CFR chapter I is Lemon ...... 1.0 processors, food handlers, and food amended as follows: Lettuce, head ...... 2.0 Melon ...... 0.2 retailers, not States. This action does not PART 180—[AMENDED] Onion, bulb ...... 0.05 alter the relationships or distribution of Orange ...... 1.0 power and responsibilities established I 1. The authority citation for part 180 Pepper ...... 0.75 by Congress in the preemption Peppermint, tops ...... 12.5 provisions of section 408(n)(4) of continues to read as follows: Pumpkin ...... 0.2 FFDCA. For these same reasons, the Authority: 21 U.S.C. 321(q), 346a and 371. Safflower, seed ...... 1.0 Agency has determined that this rule I 2. Section 180.198 is revised to read Sorghum, forage, forage ...... 2.0 Sorghum, grain, forage ...... 2.0 does not have any ‘‘tribal implications’’ as follows: as described in Executive Order 13175, Sorghum, grain, grain ...... 0.75 Spearmint, tops ...... 12.5 entitled Consultation and Coordination § 180.198 Trichlorfon; tolerances for residues. Squash, summer ...... 1.0 with Indian Tribal Governments (65 FR Squash, winter ...... 0.3 67249, November 6, 2000). Executive (a) General. Tolerances are Strawberry ...... 2.0 Order 13175, requires EPA to develop established for residues of the Walnut ...... 0.05 an accountable process to ensure insecticide trichlorfon (dimethyl (2,2,2- ‘‘meaningful and timely input by tribal trichloro-1-hydroxyethyl) phosphonate) (2) Tolerances are established for the officials in the development of in or on the following food combined residues of the insecticide regulatory policies that have tribal commodities: oxydemeton-methyl (S-(2- implications.’’ ‘‘Policies that have tribal (ethylsulfinyl)ethyl) O,O-dimethyl implications’’ is defined in the Commodity Parts per phosphorothioate) and its Executive Order to include regulations million cholinesterase-inhibiting metabolites in that have ‘‘substantial direct effects on 1 or on the following food commodities: one or more Indian tribes, on the Cattle, fat ...... 0.5 Cattle, meat1 ...... 0.2 relationship between the Federal Parts per Cattle, meat byproducts1 ...... 0.1 Commodity Government and the Indian tribes, or on million the distribution of power and 1 There are no U.S. registrations for cattle responsibilities between the Federal commodities as of June 24, 1999. Cattle, fat ...... 0.01 Cattle, meat ...... 0.01 Government and Indian tribes.’’ This (b) Section 18 emergency exemptions. Cattle, meat byproducts ...... 0.01 rule will not have substantial direct [Reserved] Egg ...... 0.01 effects on tribal governments, on the (c) Tolerances with regional Goat, fat ...... 0.01 relationship between the Federal registrations. [Reserved] Goat, meat ...... 0.01 Government and Indian tribes, or on the Goat, meat byproducts ...... 0.01 distribution of power and (d) Indirect or inadvertent residues. Hog, fat ...... 0.01 responsibilities between the Federal [Reserved] Hog, meat ...... 0.01 Government and Indian tribes, as I 3. Section 180.330 is revised to read Hog, meat byproducts ...... 0.01 specified in Executive Order 13175. as follows: Horse, fat ...... 0.01 Thus, Executive Order 13175 does not Horse, meat ...... 0.01 Horse, meat byproducts ...... 0.01 apply to this rule. § 180.330 S-(2-(Ethylsulfinyl)ethyl) O,O- dimethyl phosphorothioate; tolerances for Milk ...... 0.01 V. Congressional Review Act residues. Poultry, fat ...... 0.01 Poultry, meat ...... 0.01 The Congressional Review Act, 5 (a) General. (1) Tolerances are Poultry, meat byproducts ...... 0.01 U.S.C. 801 et seq., generally provides established for the combined residues of Sheep, fat ...... 0.01 that before a rule may take effect, the the insecticide oxydemeton-methyl (S- Sheep, meat ...... 0.01 agency promulgating the rule must (2-(ethylsulfinyl)ethyl) O,O-dimethyl Sheep, meat byproducts ...... 0.01 submit a rule report to each House of phosphorothioate) and its metabolite the Congress and to the Comptroller oxydemeton-methyl sulfone in or on the (b) Section 18 emergency exemptions. General of the United States. EPA will following food commodities: [Reserved]
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(c) Tolerances with regional tolerances under paragraph (d). Details not limited to those engaged in the registrations. Tolerances with regional of these changes are outlined in Unit II. following activities: registrations, as defined in § 180.1(m), of this document. Monsanto Company • Crop production (NAICS code 111), are established for the combined requested these changes as submitted by e.g., agricultural workers; greenhouse, residues of the insecticide oxydemeton- petitions to EPA pursuant to the Federal nursery, and floriculture workers; methyl (S-(2-(ethylsulfinyl)-ethyl) O,O- Food, Drug, and Cosmetic Act (FFDCA). farmers. • Animal production (NAICS code dimethyl phosphorothioate) and its DATES: This regulation is effective 112), e.g., cattle ranchers and farmers, metabolite oxydemeton-methyl sulfone September 26, 2007. Objections and in or on the following food dairy cattle farmers, livestock farmers. requests for hearings must be received • commodities: Food manufacturing (NAICS code on or before November 26, 2007, and 311), e.g., agricultural workers; farmers; must be filed in accordance with the greenhouse, nursery, and floriculture Commodity Parts per million instructions provided in 40 CFR part workers; ranchers; pesticide applicators. 178 (see also Unit I.C. of the • Pesticide manufacturing (NAICS Broccoli raab ...... 2.0 SUPPLEMENTARY INFORMATION). code 32532), e.g., agricultural workers; ADDRESSES: EPA has established a commercial applicators; farmers; (d) Indirect or inadvertent residues. docket for this action under docket greenhouse, nursery, and floriculture [Reserved] identification (ID) number EPA–HQ– workers; residential users. I 4. Section 180.404 is amended by OPP–2007–0146. To access the This listing is not intended to be revising paragraph (a) to read as follows: electronic docket, go to http:// exhaustive, but rather to provide a guide § 180.404 Profenofos; tolerances for www.regulations.gov, select ‘‘Advanced for readers regarding entities likely to be residues. Search,’’ then ‘‘Docket Search.’’ Insert affected by this action. Other types of (a) General. Tolerances are the docket ID number where indicated entities not listed in this unit could also established for residues of the and select the ‘‘Submit’’ button. Follow be affected. The North American insecticide profenofos (O-(4-bromo-2- the instructions on the regulations.gov Industrial Classification System chlorophenyl)-O-ethyl-S-propyl website to view the docket index or (NAICS) codes have been provided to phosphorothioate) in or on the access available documents. All assist you and others in determining following food commodities: documents in the docket are listed in whether this action might apply to the docket index available in certain entities. If you have any regulations.gov. Although listed in the questions regarding the applicability of Commodity Parts per million index, some information is not publicly this action to a particular entity, consult available, e.g., Confidential Business the person listed under FOR FURTHER Cattle, fat ...... 0.05 Information (CBI) or other information INFORMATION CONTACT. Cattle, meat ...... 0.05 Cattle, meat byproducts ...... 0.05 whose disclosure is restricted by statute. B. How Can I Access Electronic Copies Cotton, gin byproducts ...... 55.0 Certain other material, such as of this Document? Cotton, undelinted seed ...... 2.0 copyrighted material, is not placed on Goat, fat ...... 0.05 the Internet and will be publicly In addition to accessing an electronic Goat, meat ...... 0.05 available only in hard copy form. copy of this Federal Register document Goat, meat byproducts ...... 0.05 Publicly available docket materials are through the electronic docket at http:// Horse, fat ...... 0.05 available in the electronic docket at www.regulations.gov, you may access Horse, meat ...... 0.05 http://www.regulations.gov, or, if only this Federal Register document Horse, meat byproducts ...... 0.05 available in hard copy, at the OPP electronically through the EPA Internet Milk ...... 0.01 Regulatory Public Docket in Rm. S– under the ‘‘Federal Register’’ listings at Sheep, fat ...... 0.05 http://www.epa.gov/fedrgstr. You may Sheep, meat ...... 0.05 4400, One Potomac Yard (South Bldg.), Sheep, meat byproducts ...... 0.05 2777 S. Crystal Dr., Arlington, VA. The also access a frequently updated Docket Facility is open from 8:30 a.m. electronic version of EPA’s tolerance * * * * * to 4 p.m., Monday through Friday, regulations at 40 CFR part 180 through the Government Printing Office’s pilot [FR Doc. E7–18869 Filed 9–25–07; 8:45 am] excluding legal holidays. The Docket e-CFR site at http://www.gpoaccess.gov/ BILLING CODE 6560–50–S Facility telephone number is (703) 305– 5805. ecfr. FOR FURTHER INFORMATION CONTACT: C. Can I File an Objection or Hearing ENVIRONMENTAL PROTECTION Vickie Walters, Registration Division Request? AGENCY (7505P), Office of Pesticide Programs, Under section 408(g) of FFDCA, any Environmental Protection Agency, 1200 40 CFR Part 180 person may file an objection to any Pennsylvania Ave., NW., Washington, aspect of this regulation and may also [EPA–HQ–OPP–2007–0146; FRL–8147–2] DC 20460–0001; telephone number: request a hearing on those objections. (703) 305–5704; e-mail address: You must file your objection or request Alachlor; Pesticide Tolerance [email protected]. a hearing on this regulation in accordance with the instructions AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Agency (EPA). provided in 40 CFR part 178. To ensure ACTION: Final rule. I. General Information proper receipt by EPA, you must A. Does this Action Apply to Me? identify docket ID number EPA–HQ– SUMMARY: This regulation revises and OPP–2007–0146 in the subject line on separates the tolerances for alachlor in You may be potentially affected by the first page of your submission. All § 180.249 into paragraphs (a) through this action if you are an agricultural requests must be in writing, and must be (d). This regulation also establishes producer, food manufacturer, or mailed or delivered to the Hearing Clerk several new tolerances under paragraph pesticide manufacturer. Potentially as required by 40 CFR part 178 on or (a). It further establishes several new affected entities may include, but are before November 26, 2007.
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In addition to filing an objection or ppm; and nongrass animal feed, crop basic hydrolysis, calculated as alachlor hearing request with the Hearing Clerk group 18, forage at 1.4 ppm and hay at in or on the following raw agricultural as described in 40 CFR part 178, please 1.2 ppm (8F5025). PP 3F4179 also commodities when present therein as a submit a copy of the filing that does not proposed that the current tolerances for result of application of alachlor to the contain any CBI for inclusion in the bean, forage and bean, hay at 0.2 ppm growing crops listed in paragraph (a) of public docket that is described in be revoked, as these are no longer this section animal feed, nongrass, ADDRESSES. Information not marked significant animal feed commodities. group 18, forage at 1.4 ppm; animal confidential pursuant to 40 CFR part 2 That notice referenced a summary of the feed, nongrass, group 18, hay at 1.2 may be disclosed publicly by EPA petitions prepared by Monsanto ppm; grain, cereal, group 15 except without prior notice. Submit this copy, Company, the registrant, which is corn, sorghum, rice at 0.05 ppm; grain, identified by docket ID number EPA– available to the public in the docket, cereal, forage, fodder, and straw, group HQ–OPP–2007–0146, by one of the http://www.regulations.gov. There were 16 except corn, sorghum, and rice, following methods: no comments received in response to forage at 0.6 ppm; grain, cereal, forage, • Federal eRulemaking Portal: http:// the notice of filing. fodder and straw, group 16 except corn, www.regulations.gov. Follow the on-line Based upon review of the data sorghum, and rice, hay at 0.8 ppm; and instructions for submitting comments. supporting the petitions, EPA is grain, cereal, forage, fodder, and straw, • Mail: Office of Pesticide Programs increasing the tolerance for peanut to group 16 except corn, sorghum, and (OPP) Regulatory Public Docket (7502P), 0.5 ppm. This tolerance will be listed in rice, straw at 0.8 ppm. Environmental Protection Agency, 1200 § 180.249(a). The Agency is correcting Pennsylvania Ave., NW., Washington, the tolerance expression for § 180.249(a) III. Aggregate Risk Assessment and DC 20460–0001. to read ‘‘Tolerances are established for Determination of Safety • Delivery: OPP Regulatory Public combined residues of the herbicide Docket (7502P), Environmental alachlor (2-chloro-2’,6’-diethyl-N- Section 408(b)(2)(A)(i) of FFDCA Protection Agency, Rm. S–4400, One (methoxymethyl)acetanilide) and its allows EPA to establish a tolerance (the Potomac Yard (South Bldg.), 2777 S. metabolites which can be converted to legal limit for a pesticide chemical Crystal Dr., Arlington, VA. Deliveries 2,6-diethylaniline (DEA) or 2-ethyl-6-(1- residue in or on a food) only if EPA are only accepted during the Docket’s hydroxyethyl)aniline (1-HEEA) upon determines that the tolerance is ‘‘safe.’’ normal hours of operation (8:30 a.m. to basic hydrolysis, calculated as alachlor Section 408(b)(2)(A)(ii) of FFDCA 4 p.m., Monday through Friday, in or on the following food defines ‘‘safe’’ to mean that ‘‘there is a excluding legal holidays). Special commodities:’’ The terminology for the reasonable certainty that no harm will arrangements should be made for current listings of corn, fresh, kernel result from aggregate exposure to the deliveries of boxed information. The plus cob with husk removed; sorghum, pesticide chemical residue, including Docket Facility telephone number is forage; and sorghum, grain (milo); are all anticipated dietary exposures and all (703) 305–5805. being updated to read corn, sweet other exposures for which there is II. Petition for Tolerance (K+CWHR); sorghum, grain, forage; and reliable information.’’ This includes sorghum, grain, grain; to conform to exposure through drinking water and in In the Federal Register of May 9, 2007 Agency procedures. Pending tolerances residential settings, but does not include (72 FR 26372) (FRL–8121–5), EPA for beans, dry at 0.1 ppm and beans, occupational exposure. Section issued a notice pursuant to section succulent lima at 0.1 will replace the 408(b)(2)(C) of FFDCA requires EPA to 408(d)(3) of FFDCA, 21 U.S.C. current entries for bean, dry, seed and give special consideration to exposure 346a(d)(3), announcing the filing of bean, lima, succulent. These tolerances of infants and children to the pesticide pesticide petitions (PP 0F2348, 9F3776, will be listed in paragraph (a). chemical residue in establishing a 3F4179, 8F5000, 8F5025) by Monsanto Based upon Agency procedures tolerance and to ‘‘ensure that there is a Company, 1300 I St., NW., Suite 450 concerning commodity names, the reasonable certainty that no harm will East, Washington, DC 2005. The Agency is correcting the pending crops result to infants and children from petitions requested that 40 CFR 180.249 under § 180.249(a) as follows: Corn, aggregate exposure to the pesticide be amended by establishing a tolerance field, forage at 2.0 ppm; corn, field, chemical residue. . . .’’ These provisions for residues of the herbicide alachlor (2- grain at 0.2 ppm; corn, field, stover at were added to FFDCA by the Food chloro-2’,6’-diethyl-N- 2.0 ppm; corn, field, pop at 0.2 ppm; Quality Protection Act (FQPA) of 1996. (methoxymethyl)acetanilide)and its corn, pop, stover at 2.0 ppm; corn, metabolites which can be converted to sweet, forage at 2.0 ppm; corn, sweet, Consistent with FFDCA section 2,6-diethylaniline (DEA) or 2-ethyl-6-(1- stover at 2.0 ppm; soybeans, seed at 1.0 408(b)(2)(D), and the factors specified in hydroxyethyl)aniline (HEEA) upon ppm and sunflower, meal at 3.4 ppm. FFDCA section 408(b)(2)(D), EPA has basic hydrolysis, calculated as alachlor, These listings will replace current reviewed the available scientific data in or on corn, fodder, and corn, forage listings for corn, forage; corn, grain; and other relevant information in at 2.0 ppm (0F2348); soybean at 1.0 ppm corn, stover; and soybean. support of this action. EPA has (9F3776); beans, dry and beans, The Agency also determined that the sufficient data to assess the hazards of succulent lima at 0.1 ppm; cowpea, pending rotational crop tolerances and to make a determination on forage and cowpea, hay at 5.0 ppm should be placed in § 180.249(d) aggregate exposure for the petitioned-for (3F4179); cotton, gin byproducts at 0.7 Indirect and inadvertent residues. The tolerances for combined residues of ppm; cotton, undelinted seed at 0.03 tolerance expression and commodity alachlor (2-chloro-2’,6’-diethyl-N- ppm; sunflower, seed at 2.5 ppm; and in listing for § 180.249 (d) is revised to (methoxymethyl)acetanilide) and its the processed commodity sunflower, read: Tolerances are also established for metabolites which can be converted to seed meal at 3.4 ppm (8F5000); grain, indirect or inadvertent residues of 2,6-diethylaniline (DEA) or 2-ethyl-6-(1- cereal group 15, except corn, rice, and alachlor (2-chloro-2’,6’-diethyl-N- hydroxyethyl)aniline (1-HEEA) upon sorghum forage at 0.05 ppm; grain, (methoxymethyl)acetanilide) and its basic hydrolysis, calculated as alachlor. cereal, forage, fodder, and straw, group metabolites which can be converted to EPA’s assessment of exposures and risks 16, except corn, rice, and sorghum 2,6-diethylaniline (DEA) or 2-ethyl-6-(1- associated with establishing the forage at 0.6 ppm; hay and straw at 0.8 hydroxyethyl)aniline (1-HEEA) upon tolerances follows.
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A. Toxicological Profile of occurrence of additional adverse doses’’, based on treatment-related EPA has evaluated the available cases. Generally, cancer risks are increases in nasal olfactory epithelial toxicity data and considered its validity, considered non-threshold. For more thyroid, and gastric tumors at higher completeness, and reliability as well as information on the general principles dose levels. The Agency used the MOE the relationship of the results of the EPA uses in risk characterization and a approach for quantification of cancer studies to human risk. EPA has also complete description of the risk risk. The target MOE is 100. For nasal considered available information assessment process, see http:// tumors, the point of departure selected concerning the variability of the www.epa.gov/fedrgstr/EPA-PEST/1997/ was 0.5 milligrams/kilograms/day (mg/ sensitivities of major identifiable November/Day-26/p30948.htm. kg/day), based on nasal tumors at 2.5 A summary of the toxicological subgroups of consumers, including mg/kg/day in rats. For gastric tumors, a endpoints for alachlor used for human infants and children. Specific point of departure of 14 mg/kg/day was risk assessment can be found at http:// information on the studies received and selected, based on stomach tumors seen www.regulations.gov in document at 42 mg/kg/day in rats. The cancer the nature of the adverse effects caused ‘‘FQPA Human Health Risk Assessment by alachlor as well as the no-observed- assessment was conducted using for Section 3 New Uses on Cotton, tolerance levels and 100% crop treated adverse-effect-level (NOAEL) and the Sunflower, and for Inadvertent lowest-observed-adverse-effect-level for all existing and proposed uses. Tolerances on Various Rotational Crops 2. Dietary exposure from drinking (LOAEL) from the toxicity studies can (Cereal Grains and Nongrass Animal be found at http://www.regulations.gov. water. The Agency lacks sufficient Feeds’’ on page 50 in docket ID number monitoring data to complete a The referenced document is entitled EPA–HQ–OPP–2007–0146. FQPA Human Health Risk Assessment comprehensive dietary exposure for Section 3 New Uses on Cotton, C. Exposure Assessment analysis and risk assessment for alachlor in drinking water. Because the Agency Sunflower, and for Inadvertent 1. Dietary exposure from food and does not have comprehensive Tolerances on Various Rotational Crops feed uses. In evaluating dietary monitoring data, drinking water (Cereal Grains and Nongrass Animal exposure to alachlor, EPA considered concentration estimates are made by Feeds and is available in the docket exposure under the petitioned-for reliance on simulation or modeling established by this action, which is tolerances as well as all reassessed taking into account data on the described under ADDRESSES, and is tolerances and existing alachlor identified as EPA–HQ–OPP–2007– tolerances in (40 CFR 180.249). EPA environmental fate characteristics of 0146–003 in that docket. assessed dietary exposures from alachlor. Further information regarding EPA drinking water models used in B. Toxicological Endpoints alachlor in food as follows: i. Acute exposure. Quantitative acute pesticide exposure assessment can be For hazards that have a threshold dietary exposure and risk assessments found at http://www.epa.gov/oppefed1/ below which there is no appreciable are performed for a food-use pesticide, models/water/index.htm. risk, the toxicological level of concern if a toxicological study has indicated the Based on the Pesticide Root Zone (LOC) is derived from the highest dose possibility of an effect of concern Model/Exposure Analysis Modeling at which no adverse effects are observed occurring as a result of a 1–day or single System (PRZM/EXAMS) and Screening (the NOAEL) in the toxicology study exposure. No such effects were Concentration in Groundwater (SCI- identified as appropriate for use in risk identified in the toxicological studies GROW) models, the estimated drinking assessment. However, if a NOAEL for alachlor in the general population. water concentrations (EDWCs) of cannot be determined, the lowest dose Therefore, a quantitative acute dietary alachlor for acute exposures are at which adverse effects of concern are exposure is unnecessary for the general estimated to be 123 parts per billion identified (the LOAEL) is sometimes population. An effect attributable to a (ppb) for surface water and 2.48 ppb for used for risk assessment. Uncertainty/ single dose was identified for females ground water. The EDWCs for chronic safety factors (UFs) are used in 13-49 in the developmental study in exposures are estimated to be 75 ppb for conjunction with the LOC to take into rats. In estimating acute dietary surface water and <2.48 ppb for ground account uncertainties inherent in the exposure for females 13-49, EPA used water. extrapolation from laboratory animal food consumption information from the Modeled estimates of drinking water data to humans and in the variations in U.S. Department of Agriculture (USDA) concentrations were directly entered sensitivity among members of the 1994–1996 or 1998 Nationwide into the dietary exposure model. For human population as well as other Continuing Surveys of Food Intake by acute dietary risk assessment, the water unknowns. Safety is assessed for acute Individuals (CSFII). As to residue levels concentration value of 123 ppb was and chronic risks by comparing in food, EPA assumed all foods for used to access the contribution to aggregate exposure to the pesticide to which there are tolerances were treated drinking water. For chronic dietary risk the acute population adjusted dose and contain tolerance-level residues. assessment, the water concentration (aPAD) and chronic population adjusted Percent crop treated (PCT) or value of 75 ppb was used to access the dose (cPAD). The aPAD and cPAD are anticipated residues were not used. contribution to drinking water. For the calculated by dividing the LOC by all ii. Chronic exposure. In conducting cancer risk assessment, the 30–year applicable UFs. Short-, intermediate-, the chronic dietary exposure assessment mean concentration of 64 ppb was used. and long-term risks are evaluated by EPA used the food consumption data 3. From non-dietary exposure. The comparing aggregate exposure to the from the USDA 1994–1996, or 1998 term ‘‘residential exposure’’ is used in LOC to ensure that the margin of CSFII. As to residue levels in food, EPA this document to refer to non- exposure (MOE) called for by the assumed all foods for which there are occupational, non-dietary exposure product of all applicable UFs is not tolerances were treated and contain (e.g., for lawn and garden pest control, exceeded. tolerance level residues. PCT or indoor pest control, termiticides, and For non-threshold risks, the Agency anticipated residues were not used. flea and tick control on pets). assumes that any amount of exposure iii. Cancer. Alachlor has been Alachlor is not registered for use on will lead to some degree of risk and classified as ‘‘likely to be carcinogenic any sites that would result in residential estimates risk in terms of the probability to humans at high dose, but not at low exposure.
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4. Cumulative effects from substances processing factors from available uses a different additional FQPA safety with a common mechanism of toxicity. processing studies were used. For factor value based on the use of Section 408(b)(2)(D)(v) of FFDCA soybeans, processing factors used in traditional UFs and/or special FQPA requires that, when considering whether DEEM are: 0.17 for soybean oil, 0.32 for safety factors, as appropriate. to establish, modify, or revoke a soybean protein concentrate, and 0.21 2. Prenatal and postnatal sensitivity. tolerance, the Agency consider for soybean protein isolate. For Available developmental toxicity in two ‘‘available information’’ concerning the sunflower, a processing factor of 0.07 species and multi–generation cumulative effects of a particular was used for sunflower oil. For drinking reproductive toxicity study in rat do not pesticide’s residues and ‘‘other water exposure, the 30 year mean show evidence of increased substances that have a common concentration of 63.6 ppb from susceptibility of the offspring. These mechanism of toxicity.’’ modeling for alachlor and degradates, studies, along with guideline toxicity Alachlor is a member of the plus 0.11 ppb (alachlor equivalent) from studies in the adult animal, do not show chloroacetanilide cumulative monitoring for acetochlor, totaling 64 evidence of neurotoxicity. Concern for assessment group (CAG) which includes ppb was used. increased susceptibility is low since alachlor, acetochlor, and butachlor. The The dietary exposure assessment was toxicity to offspring was observed only Agency previously conducted a conducted using the Dietary Exposure at maternally toxic doses in the cumulative risk assessment for the CAG Evaluation Model (DEEM-FCID, Version developmental toxicity studies in the rat based on a common mode of action for 2.03) which uses food consumption data and rabbit and in a rat multi–generation the production of tumors of the nasal from the USDA’s CSFII from 1994–1996 reproductive toxicity study. Clear olfactory epithelium in rats. Butachlor and 1998. It was assumed that 100% NOELs for offspring and adults were was determined to be part of the CAG, crop treated (%CT) for all commodities. observed in all studies. however, there are currently no U.S. The MOE for nasal tumor (the most 3. Conclusion. EPA has determined registrations for the chemical; therefore sensitive cancer endpoint among the that reliable data show that it would be it was excluded from the cumulative group) for the general U.S. population is safe for infants and children to reduce risk assessment. This risk assessment is 330 which is greater than the target the FQPA safety factor to 1X. That fully discussed in the document: MOE of 100. Therefore, the cumulative decision is based on the following ‘‘Cumulative Risks from risk is below EPA’s level of concern. findings: Chloroacetanilide Pesticides’’ dated This analysis is considered conservative i. The toxicity database for alachlor is March 6, 2006 identified as document dietary exposure assessment with the complete. EPA–HQ–OPP–2005–0050–0061 which use of average residues for some crops, ii. There is no indication that alachlor is available on the internet at http:// 100% crop treated, and the use of is a neurotoxic chemical and there is no www.regulations.gov in docket number drinking water modeling data. Based on need for a developmental neurotoxicity EPA–HQ–OPP–2005–0050. Based on the DEEM commodity analysis, the study or additional UFs to account for that cumulative risk assessment (CRA) drinking water exposure from alachlor neurotoxicity. the Agency concluded that the modeling value counts for 90% of the iii. There is no evidence that alachlor cumulative risks from alachlor and total risk. This risk assessment is fully results in increased susceptibility in in acetochlor did not exceed the Agency’s discussed in the document entitled utero rats or rabbits in the prenatal level of concern since cumulative MOEs ‘‘Acetochlor/Alachlor: Revised developmental studies or in young rats were above the Agency’s level of Cumulative Risk Assessment for the in the 2–generation reproduction study. concern of 100. Chloroacetanilides to Support the iv. There are no residual uncertainties A revised cumulative risk assessment Proposed New Uses on Alachlor and identified in the exposure databases. was performed based on the new uses Acetochlor.’’ PP 8F05000 and 8F5025 The dietary food exposure assessments for alachlor addressed in this rule and (Alachlor), PP 6F4791, 1F6263, and were performed based on 100%CT and the new uses for acetochlor established 5F6918 (Acetochlor). The referenced tolerance-level residues. Conservative in the final rule published in the document is available in the docket ground and surface water modeling Federal Register of May 16, 2007 (72 FR established by this action which is estimates were used. These assessments 27463) (FRL–8126–2). The revised risk described under ADDRESSES and is will not underestimate the exposure and assessment includes only food and identified as EPA–HQ–OPP–2007– risks posed by alachlor. water, since there are no residential uses 0146–004 in that docket. registered for these two chemicals. E. Aggregate Risks and Determination of Because the endpoint of interest is a D. Safety Factor for Infants and Safety cancer endpoint that arises via a mode Children Safety is assessed for acute and of action that requires prolonged 1. In general. Section 408 of FFDCA chronic risks by comparing aggregate exposure, only a chronic dietary provides that EPA shall apply an exposure to the pesticide to the aPAD analysis was performed. For food additional (‘‘10X’’) tenfold margin of and cPAD. The aPAD and cPAD are exposure, tolerance levels and some safety for infants and children in the calculated by dividing the LOC by all average residues were used. Acetochlor case of threshold effects to account for applicable UFs. For linear cancer risks, residues were converted to alachlor prenatal and postnatal toxicity and the EPA calculates the probability of equivalents by multiplying a factor of completeness of the database on toxicity additional cancer cases given aggregate 0.05. The total alachlor residues were and exposure unless EPA determines exposure. Short-, intermediate-, and obtained by adding the alachlor residues based on reliable data that a different long-term risks are evaluated by to acetochlor (alachlor equivalents) margin of safety will be safe for infants comparing aggregate exposure to the residues for crop that have both alachlor and children. This additional margin of LOC to ensure that the MOE called for and acetochlor tolerances. DEEM default safety is commonly referred to as the by the product of all applicable UFs is processing factors from DEEM (Version FQPA safety factor. In applying this not exceeded. 7.81) were used for all processed provision, EPA either retains the default 1. Acute risk. Using the exposure commodities that do not have value of 10X when reliable data do not assumptions discussed in this unit for individual tolerances, except for support the choice of a different factor, acute exposure, the acute dietary soybeans and sunflower, where or, if reliable data are available, EPA exposure from food and water to
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alachlor will occupy 0.3% of the aPAD tolerance expression. The method may and responsibilities established by for the population group females (13-49) be requested from: Chief, Analytical Congress in the preemption provisions receiving the greatest exposure. Chemistry Branch, Environmental of section 408(n)(4) of FFDCA. As such, 2. Chronic risk. Using the exposure Science Center, 701 Mapes Rd., Ft. the Agency has determined that this assumptions described in this unit for Meade, MD 20755–5350; telephone action will not have a substantial direct chronic exposure, EPA has concluded number: (410) 305–2905; e-mail address: effect on States or tribal governments, that exposure to alachlor from food and [email protected]. on the relationship between the national water will utilize 16% of the cPAD for government and the States or tribal B. International Residue Limits the U.S. general population and 33% of governments, or on the distribution of the cPAD for children 1-2 years old. No maximum residue limits (MRLs) power and responsibilities among the There are no residential uses for for alachlor have been established by various levels of government or between alachlor that result in chronic CODEX for any agricultural commodity. the Federal Government and Indian residential exposure to alachlor. V. Conclusion tribes. Thus, the Agency has determined 3. Short-term risk. Short-term that Executive Order 13132, entitled aggregate exposure takes into account Therefore, the tolerance is established Federalism (64 FR 43255, August 10, residential exposure plus chronic for combined residues of alachlor (2- 1999) and Executive Order 13175, exposure to food and water (considered chloro-2’,6’-diethyl-N- entitled Consultation and Coordination to be a background exposure level). (methoxymethyl)acetanilide) and its with Indian Tribal Governments (65 FR Alachlor is not registered for use on metabolites which can be converted to 67249, November 6, 2000) do not apply any sites that would result in residential 2,6-diethylaniline (DEA) or 2-ethyl-6-(1- to this rule. In addition, This rule does exposure. Therefore, the aggregate risk hydroxyethyl)aniline (1-HEEA) upon not impose any enforceable duty or is the sum of the risk from food and basic hydrolysis, calculated as alachlor, contain any unfunded mandate as water. as discussed in Unit II. described under Title II of the Unfunded 4. Intermediate-term risk. Mandates Reform Act of 1995 (UMRA) Intermediate-term aggregate exposure VI. Statutory and Executive Order Reviews (Public Law 104–4). takes into account residential exposure This action does not involve any plus chronic exposure to food and water This final rule establishes a tolerance technical standards that would require (considered to be a background under section 408(d) of FFDCA in Agency consideration of voluntary exposure level). response to a petition submitted to the consensus standards pursuant to section Alachlor is not registered for use on Agency. The Office of Management and 12(d) of the National Technology any sites that would result in residential Budget (OMB) has exempted these types Transfer and Advancement Act of 1995 exposure. Therefore, the aggregate risk of actions from review under Executive (NTTAA), Public Law 104–113, section is the sum of the risk from food and Order 12866, entitled Regulatory 12(d) (15 U.S.C. 272 note). water, which do not exceed the Planning and Review (58 FR 51735, Agency’s level of concern. October 4, 1993). Because this rule has VII. Congressional Review Act 5. Aggregate cancer risk for U.S. been exempted from review under The Congressional Review Act, 5 population. Using the exposure Executive Order 12866, this rule is not U.S.C. 801 et seq., generally provides assumptions discussed in this unit for subject to Executive Order 13211, that before a rule may take effect, the cancer risk, EPA has determined that Actions Concerning Regulations That agency promulgating the rule must the MOE for the U.S. population is 330 Significantly Affect Energy Supply, submit a rule report to each House of which does not exceed the EPA’s level Distribution, or Use (66 FR 28355, May the Congress and to the Comptroller of concern (a MOE of 100). 22, 2001) or Executive Order 13045, General of the United States. EPA will 6. Determination of safety. Based on entitled Protection of Children from submit a report containing this rule and these risk assessments, EPA concludes Environmental Health Risks and Safety other required information to the U.S. that there is a reasonable certainty that Risks (62 FR 19885, April 23, 1997). Senate, the U.S. House of no harm will result to the general This final rule does not contain any Representatives, and the Comptroller population, or to infants and children information collections subject to OMB General of the United States prior to from aggregate exposure to alachlor approval under the Paperwork publication of this final rule in the residues. Reduction Act (PRA), 44 U.S.C. 3501 et Federal Register. This final rule is not IV. Other Considerations seq., nor does it require any special a ‘‘major rule’’ as defined by 5 U.S.C. considerations under Executive Order 804(2). A. Analytical Enforcement Methodology 12898, entitled Federal Actions to There are adequate analytical Address Environmental Justice in List of Subjects in 40 CFR Part 180 methods for the purposes of tolerance Minority Populations and Low-Income Environmental protection, enforcement and data collection. An Populations (59 FR 7629, February 16, Administrative practice and procedure, HPLC method which determines DEA- 1994). Agricultural commodities, Pesticides and 1-HEEA-yeilding metabolites have Since tolerances and exemptions that and pests, Reporting and recordkeeping been validated has been validated by the are established on the basis of a petition requirements. Agency and is considered acceptable for under section 408(d) of FFDCA, such as Dated: September 13, 2007. enforcement purposes. The method uses the tolerance in this final rule, do not Lois Rossi, HPLC with oxidative coulometric require the issuance of a proposed rule, Director, Registration Division, Office of electrochemical detection (HPLC-OCED) the requirements of the Regulatory Pesticide Programs. of both DEA and 1-HEEA-producing Flexibility Act (RFA) (5 U.S.C. 601 et I residues, and was recommended for seq.) do not apply. Therefore, 40 CFR chapter I is inclusion in PAM Vol. II as Method III, This final rule directly regulates amended as follows: the limit of detection is 0.01 ppm for growers, food processors, food handlers, PART 180—AMENDED each metabolite class. and food retailers, not States or tribes, Adequate enforcement methodology nor does this action alter the I 1. The authority citation for part 180 (HPLC-OCED) is available to enforce the relationships or distribution of power continues to read as follows:
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Authority: 21 U.S.C. 321(q), 346a and 371. basic hydrolysis, calculated as alachlor, index, some information is not publicly in or on the following raw agricultural available, e.g., Confidential Business I 2. Section 180.249 is revised to read commodities when present therein as a Information (CBI) or other information as follows: result of the application of alachlor to whose disclosure is restricted by statute. § 180.249 Alachlor; tolerances for the growing crops in paragraph (a) of Certain other material, such as residues. this section: copyrighted material, is not placed on (a) General. Tolerances are the Internet and will be publicly Parts per available only in hard copy form. established for combined residues of Commodity million alachlor (2-chloro-2’,6’-diethyl-N- Publicly available docket materials are available in the electronic docket at (methoxymethyl)acetanilide) and its Animal feed, nongrass, group metabolites which can be converted to 18, forage ...... 1.4 http://www.regulations.gov, or, if only 2,6-diethylaniline (DEA) or 2-ethyl-6-(1- Animal feed, nongrass, group available in hard copy, at the OPP hydroxyethyl)aniline (1-HEEA) upon 18, hay ...... 1.2 Regulatory Public Docket in Rm. S– basic hydrolysis, calculated as alachlor Grain, cereal, forage, and 4400, One Potomac Yard (South Bldg.), in or on the following raw agricultural straw, group 16 except corn, 2777 S. Crystal Dr., Arlington, VA. The sorghum, rice, straw ...... 0.8 commodities. Docket Facility is open from 8:30 a.m. Grain, cereal, forage, fodder to 4 p.m., Monday through Friday, and straw, group 16 except excluding legal holidays. The Docket Commodity Parts per corn, sorghum, rice, forage ... 0.6 million Grain, cereal, forage, fodder, Facility telephone number is (703) 305– and straw, group 16 except 5805. Beans, dry ...... 0.1 for corn, sorghum, rice, hay .. 0.8 FOR FURTHER INFORMATION CONTACT: Jim Beans, succulent lima ...... 0.1 Grain, cereal, group 15 except Cattle, fat ...... 0.02 Tompkins, Registration Division corn, sorghum, rice ...... 0.05 Cattle, meat byproducts ...... 0.02 (7505P), Office of Pesticide Programs, Cattle, meat ...... 0.02 Environmental Protection Agency, 1200 Corn, field, forage ...... 2.0 [FR Doc. E7–18967 Filed 9–25–07; 8:45 am] Pennsylvania Ave., NW., Washington, Corn, field, grain ...... 0.2 BILLING CODE 6560–50–S DC 20460–0001; telephone number: Corn, field, pop ...... 0.2 (703) 305–5697; e-mail address: Corn, field, stover ...... 2.0 [email protected]. Corn, pop, stover ...... 2.0 ENVIRONMENTAL PROTECTION Corn, sweet (K+CWHR) ...... 0.05 AGENCY SUPPLEMENTARY INFORMATION: Corn, sweet, stover ...... 2.0 I. General Information Cotton, gin byproducts ...... 0.7 40 CFR Part 180 Cotton, undelinted seed ...... 0.03 A. Does this Action Apply to Me? Cowpea, forage ...... 5.0 [EPA–HQ–OPP–2007–0145; FRL–8148–1] Cowpea, hay ...... 5.0 You may be potentially affected by Egg ...... 0.02 Tepraloxydim; Pesticide Tolerance this action if you are an agricultural Goat, fat ...... 0.02 producer, food manufacturer, or AGENCY: Environmental Protection Goat, meat byproducts ...... 0.02 pesticide manufacturer. Potentially Goat, meat ...... 0.02 Agency (EPA). affected entities may include, but are Hog, fat ...... 0.02 ACTION: Final rule. not limited to those engaged in the Hog meat byproducts ...... 0.02 following activities: Hog, meat ...... 0.02 SUMMARY: This regulation establishes a • tolerance for residues of tepraloxydim Crop production (NAICS code 111), Horse, fat ...... 0.02 e.g., agricultural workers; greenhouse, Horse, meat byproducts ...... 0.02 in or on imported flax, seed; lentil, seed; Horse, meat ...... 0.02 and pea, dry seed. BASF requested this nursery, and floriculture workers; Milk ...... 0.02 tolerance under the Federal Food, Drug, farmers. • Animal production (NAICS code Peanut ...... 0.5 and Cosmetic Act (FFDCA). Poultry, fat ...... 0.02 112), e.g., cattle ranchers and farmers, DATES: Poultry, meat byproducts ...... 0.02 This regulation is effective dairy cattle farmers, livestock farmers. Poultry, meat ...... 0.02 September 26, 2007. Objections and • Food manufacturing (NAICS code Sheep, fat ...... 0.02 requests for hearings must be received 311), e.g., agricultural workers; farmers; Sheep, meat byproducts ...... 0.02 on or before November 26, 2007, and greenhouse, nursery, and floriculture Sheep, meat ...... 0.02 must be filed in accordance with the workers; ranchers; pesticide applicators. Sorghum grain, forage ...... 2.0 instructions provided in 40 CFR part • Pesticide manufacturing (NAICS Sorghum, grain, grain ...... 0.1 178 (see also Unit I.C. of the code 32532), e.g., agricultural workers; Sorghum, grain, stover ...... 1.0 SUPPLEMENTARY INFORMATION). Soybeans, seed ...... 1.0 commercial applicators; farmers; Sunflower, meal ...... 3.4 ADDRESSES: EPA has established a greenhouse, nursery, and floriculture Sunflower, seed ...... 2.5 docket for this action under docket workers; residential users. identification (ID) number EPA–HQ– This listing is not intended to be (b) Section 18 emergency exemptions. OPP–2007–0145. To access the exhaustive, but rather to provide a guide [Reserved] electronic docket, go to http:// for readers regarding entities likely to be (c) Tolerances with regional www.regulations.gov, select ‘‘Advanced affected by this action. Other types of registrations. [Reserved] Search,’’ then ‘‘Docket Search.’’ Insert entities not listed in this unit could also (d) Indirect or inadvertent residues. the docket ID number where indicated be affected. The North American Tolerances are established for indirect and select the ‘‘Submit’’ button. Follow Industrial Classification System or inadvertent residues of alachlor (2- the instructions on the regulations.gov (NAICS) codes have been provided to chloro-2’,6’-diethyl-N- website to view the docket index or assist you and others in determining (methoxymethyl)acetanilide) and its access available documents. All whether this action might apply to metabolites which can be converted to documents in the docket are listed in certain entities. If you have any 2,6-diethylaniline (DEA) or 2-ethyl-6-(1- the docket index available in questions regarding the applicability of hydroxyethyl)aniline (1-HEEA) upon regulations.gov. Although listed in the this action to a particular entity, consult
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the person listed under FOR FURTHER deliveries of boxed information. The support of this action. EPA has INFORMATION CONTACT. Docket Facility telephone number is sufficient data to assess the hazards of (703) 305–5805. and to make a determination on B. How Can I Access Electronic Copies aggregate exposure for the petitioned-for of this Document? II. Petition for Tolerance tolerance for residues of tepraloxydim In addition to accessing an electronic In the Federal Register of May 9, 2007 on imported flax, seed; lentil, seed; and copy of this Federal Register document (72 FR 26372) (FRL–8121–5), EPA pea, dry, seed at 0.10 ppm. EPA’s through the electronic docket at http:// issued a notice pursuant to section assessment of exposures and risks www.regulations.gov, you may access 408(d)(3) of FFDCA, 21 U.S.C. associated with establishing the this Federal Register document 346a(d)(3), announcing the filing of a tolerance follows. electronically through the EPA Internet pesticide petition (PP 6E7046) by BASF, under the ‘‘Federal Register’’ listings at 26 Davis Drive, Research Triangle Park, A. Toxicological Profile http://www.epa.gov/fedrgstr. You may NC 27709. The petition requested that EPA has evaluated the available also access a frequently updated 40 CFR 180.573 be amended by toxicity data and considered its validity, electronic version of EPA’s tolerance establishing a tolerance for residues of completeness, and reliability as well as regulations at 40 CFR part 180 through the herbicide tepraloxdydim (2-[1- the relationship of the results of the the Government Printing Office’s pilot [[[(2E)-3-chloro-2- studies to human risk. EPA has also e-CFR site at http://www.gpoaccess.gov/ propenyl]oxy]imino]propyl]-3-hydroxy- considered available information ecfr. 5-(tetrahydro-2H-pyran-4-yl)-2- concerning the variability of the cyclohexen-1-one) and its metabolites sensitivities of major identifiable C. Can I File an Objection or Hearing convertible to GP (3-(tetrahydropyran-4- subgroups of consumers, including Request? yl)pentane-1,5-dioic acid) and OH-GP infants and children. Specific Under section 408(g) of FFDCA, any (3-hydroxy-3-(tetrahydropyran-4- information on the studies received and person may file an objection to any yl)pentane-1,5-dioic acid), calculated as the nature of the adverse effects caused aspect of this regulation and may also tepraloxydim, in or on imported flax, by tepraloxydim as well as the no- request a hearing on those objections. seed; lentil, seed; and pea, dry, seed at observed-adverse-effect-level (NOAEL) You must file your objection or request 0.10 parts per million (ppm). That and the lowest-observed-adverse-effect- a hearing on this regulation in notice referenced a summary of the level (LOAEL) from the toxicity studies accordance with the instructions petition prepared by BASF, the provided in 40 CFR part 178. To ensure registrant, which is available to the can be found at http:// proper receipt by EPA, you must public in the docket, http:// www.regulations.gov. The referenced identify docket ID number EPA–HQ– www.regulations.gov. There were no document is available in the docket OPP–2007–0145 in the subject line on comments received in response to the established by this action, which is the first page of your submission. All notice of filing. described under ADDRESSES, and is requests must be in writing, and must be identified as document 3 (pages 44-47) III. Aggregate Risk Assessment and in docket ID number EPA–HQ–OPP– mailed or delivered to the Hearing Clerk Determination of Safety as required by 40 CFR part 178 on or 2007–0145 in that docket. before November 26, 2007. Section 408(b)(2)(A)(i) of FFDCA B. Toxicological Endpoints In addition to filing an objection or allows EPA to establish a tolerance (the hearing request with the Hearing Clerk legal limit for a pesticide chemical For hazards that have a threshold as described in 40 CFR part 178, please residue in or on a food) only if EPA below which there is no appreciable submit a copy of the filing that does not determines that the tolerance is ‘‘safe.’’ risk, the toxicological level of concern contain any CBI for inclusion in the Section 408(b)(2)(A)(ii) of FFDCA (LOC) is derived from the highest dose public docket that is described in defines ‘‘safe’’ to mean that ‘‘there is a at which no adverse effects are observed ADDRESSES. Information not marked reasonable certainty that no harm will (the NOAEL) in the toxicology study confidential pursuant to 40 CFR part 2 result from aggregate exposure to the identified as appropriate for use in risk may be disclosed publicly by EPA pesticide chemical residue, including assessment. However, if a NOAEL without prior notice. Submit this copy, all anticipated dietary exposures and all cannot be determined, the lowest dose identified by docket ID number EPA– other exposures for which there is at which adverse effects of concern are HQ–OPP–2007–0145, by one of the reliable information.’’ This includes identified (the LOAEL) is sometimes following methods: exposure through drinking water and in used for risk assessment. Uncertainty/ • Federal eRulemaking Portal: http:// residential settings, but does not include safety factors (UFs) are used in www.regulations.gov. Follow the on-line occupational exposure. Section conjunction with the Point of Departure instructions for submitting comments. 408(b)(2)(C) of FFDCA requires EPA to (POD) to take into account uncertainties • Mail: Office of Pesticide Programs give special consideration to exposure inherent in the extrapolation from (OPP) Regulatory Public Docket (7502P), of infants and children to the pesticide laboratory animal data to humans and in Environmental Protection Agency, 1200 chemical residue in establishing a the variations in sensitivity among Pennsylvania Ave., NW., Washington, tolerance and to ‘‘ensure that there is a members of the human population as DC 20460–0001. reasonable certainty that no harm will well as other unknowns. Safety is • Delivery: OPP Regulatory Public result to infants and children from assessed for acute and chronic risks by Docket (7502P), Environmental aggregate exposure to the pesticide comparing aggregate exposure to the Protection Agency, Rm. S–4400, One chemical residue. . . .’’ These provisions pesticide to the acute population Potomac Yard (South Bldg.), 2777 S. were added to FFDCA by the Food adjusted dose (aPAD) and chronic Crystal Dr., Arlington, VA. Deliveries Quality Protection Act (FQPA) of 1996. population adjusted dose (cPAD). The are only accepted during the Docket’s Consistent with FFDCA section aPAD and cPAD are calculated by normal hours of operation (8:30 a.m. to 408(b)(2)(D), and the factors specified in dividing the POD by all applicable UFs. 4 p.m., Monday through Friday, FFDCA section 408(b)(2)(D), EPA has Short-, intermediate-, and long-term excluding legal holidays). Special reviewed the available scientific data risks are evaluated by comparing arrangements should be made for and other relevant information in aggregate exposure to the POD to ensure
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that the LOC called for by the product the same dose, though there was no to establish, modify, or revoke a of all applicable UFs is not exceeded. increase in liver tumor incidences. tolerance, the Agency consider For non-threshold risks, the Agency Tepraloxydim was not mutagenic in a ‘‘available information’’ concerning the assumes that any amount of exposure battery of assays. Considering all of this cumulative effects of a particular will lead to some degree of risk and evidence, tepraloxydim is not expected pesticide’s residues and ‘‘other estimates risk in terms of the probability to pose a cancer risk for humans, and a substances that have a common of occurrence of additional adverse quantitative cancer risk assessment was mechanism of toxicity.’’ cases. Generally, cancer risks are not conducted. Unlike other pesticides for which EPA considered non-threshold. For more iv. Anticipated residue and percent has followed a cumulative risk approach information on the general principles crop treated (PCT) information. EPA did based on a common mechanism of EPA uses in risk characterization and a not use anticipated residues or PCT toxicity, EPA has not made a common complete description of the risk information in the dietary assessment mechanism of toxicity finding as to and assessment process, see http:// for tepraloxydim. The acute and chronic any other substances and tepraloxydim www.epa.gov/fedrgstr/EPA-PEST/1997/ dietary exposure analyses were based on does not appear to produce a toxic November/Day-26/p30948.htm. tolerance level residues and 100 PCT metabolite produced by other A summary of the toxicological assumptions. substances. For the purposes of this endpoints for tepraloxydim used for 2. Dietary exposure from drinking tolerance action, therefore, EPA has not human risk assessment can be found at water. The Agency lacks sufficient assumed that tepraloxydim has a http://www.regulations.gov in document monitoring data to complete a common mechanism of toxicity with 3 (pages 22-23) in docket ID number comprehensive dietary exposure other substances. For information EPA–HQ–OPP–2007–0145. analysis and risk assessment for regarding EPA’s efforts to determine tepraloxydim in drinking water. which chemicals have a common C. Exposure Assessment Because the Agency does not have mechanism of toxicity and to evaluate 1. Dietary exposure from food and comprehensive monitoring data, the cumulative effects of such feed uses. In evaluating dietary drinking water concentration estimates chemicals, see EPA’s website at http:// exposure to tepraloxydim, EPA are made by reliance on simulation or www.epa.gov/pesticides/cumulative. considered exposure under the modeling, taking into account data on petitioned-for tolerances as well as all the environmental fate characteristics of D. Safety Factor for Infants and Children existing tepraloxydim tolerances in (40 tepraloxydim. Further information CFR 180.573). EPA assessed dietary regarding EPA drinking water models 1. In general. Section 408 of FFDCA exposures from tepraloxydim in food as used in pesticide exposure assessment provides that EPA shall apply an follows: can be found at http://www.epa.gov/ additional (‘‘10X’’) tenfold margin of i. Acute exposure. Quantitative acute oppefed1/models/water/index.htm. safety for infants and children in the dietary exposure and risk assessments Based on the First Index Reservoir case of threshold effects to account for are performed for a food-use pesticide, Screening Tool (FIRST) and Screening prenatal and postnatal toxicity and the if a toxicological study has indicated the Concentration in Groundwater (SCI- completeness of the database on toxicity possibility of an effect of concern GROW) models, the estimated and exposure unless EPA determines occurring as a result of a 1–day or single environmental concentrations (EECs) of based on reliable data that a different exposure. tepraloxydim for acute exposures are margin of safety will be safe for infants In estimating acute dietary exposure, estimated to be 1.4 parts per billion and children. This additional margin of EPA used food consumption (ppb) for surface water and 0.002 ppb safety is commonly referred to as the information from the U.S. Department of for ground water. The EECs for chronic FQPA safety factor. In applying this Agriculture (USDA) 1994–1996 and exposures are estimated to be 0.7 ppb provision, EPA either retains the default 1998 Nationwide Continuing Surveys of for surface water and 0.002 ppb for value of 10X when reliable data do not Food Intake by Individuals (CSFII). As ground water. support the choice of a different factor, to residue levels in food, EPA assumed Modeled estimates of drinking water or, if reliable data are available, EPA all foods for which there are tolerances concentrations were directly entered uses a different additional FQPA safety were treated and contain tolerance-level into the dietary exposure model. For factor value based on the use of residues. acute dietary risk assessment, the water traditional UFs and/or special FQPA ii. Chronic exposure. In conducting concentration value of 1.4 ppb was used safety factors, as appropriate. the chronic dietary exposure assessment to assess the contribution to drinking 2. Prenatal and postnatal sensitivity. EPA used the food consumption data water. For chronic dietary risk There were qualitative and quantitative from the USDA 1994–1996 and 1998 assessment, the water concentration of prenatal susceptibility in the rat CSFII. As to residue levels in food, EPA value 0.7 ppb was used to assess the developmental toxicity study. The assumed all foods for which there are contribution to drinking water. developmental findings with a NOAEL tolerances were treated and contain 3. From non-dietary exposure. The of 40 milligrams/kilograms/day (mg/kg/ tolerance-level residues. term ‘‘residential exposure’’ is used in day) were well characterized and iii. Cancer. Tepraloxydim is classified this document to refer to non- included increased developmental as ‘‘Data are inadequate for an occupational, non-dietary exposure sensitivity in the form of reduced fetal assessment of human carcinogenic (e.g., for lawn and garden pest control, body weights, retarded ossification potential’’, because there was some indoor pest control, termiticides, and indicative of delayed maturation and evidence of liver tumors in female rats flea and tick control on pets). the presence of hydroureter at 120 mg/ at the high dose in the carcinogenicity Tepraloxydim is not registered for use kg/day (developmental LOAEL). Rare phase of the study, but not in the on any sites that would result in malformations (dilation of both heart chronic phase of the study. Female mice residential exposure. ventricles and filiform tail) were also developed liver tumors at an excessively 4. Cumulative effects from substances detected at the high dose of 360 mg/kg/ toxic dose. Male mice had non- with a common mechanism of toxicity. day. The maternal toxicity NOAEL/ neoplastic liver changes similar to or Section 408(b)(2)(D)(v) of FFDCA LOAEL of 120/360 mg/kg/day was based exceeding those seen in female mice at requires that, when considering whether on reduced body weight gain and food
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consumption. There was no evidence of health protective, high-end estimates of population or to infants and children increased susceptibility following water concentrations. These from aggregate exposure to prenatal exposure to rabbits, nor was assessments will not underestimate the tepraloxydim residues. there evidence of increased exposure and risks posed by IV. Other Considerations susceptibility following prenatal and/or tepraloxydim. postnatal exposure to rats (in the rat A. Analytical Enforcement Methodology E. Aggregate Risks and Determination of reproduction and fertility effects study). Safety Adequate enforcement methodology The degree of concern is low for the is available to enforce the tolerance Safety is assessed for acute and increased susceptibility seen the expression. The analytical method chronic risks by comparing aggregate developmental study in rats (prenatal involves extraction, concentration, exposure to the pesticide to the aPAD exposure) since a clear NOAEL/LOAEL precipitation, centrifugation/filtration, and cPAD. The aPAD and cPAD are was established for developmental oxidation, partition, and clean-up. calculated by dividing the LOC by all toxicity, and since the endpoints of Samples are then analyzed by GC-MS applicable UFs. For linear cancer risks, concern were used for the most (selected ion monitoring). The LOQ is EPA calculates the probability of sensitive population of concern 0.05 ppm for each analyte. (Females 13-49). There is no uncertainty additional cancer cases given aggregate The method may be requested from: for prenatal and/or postnatal toxicity. exposure. Short-, intermediate-, and Chief, Analytical Chemistry Branch, 3. Conclusion. The 10X FQPA safety long-term risks are evaluated by Environmental Science Center, 701 factor was retained for assessing the comparing the LOC to ensure that the Mapes Rd., Ft. Meade, MD 20755–5350; acute dietary risk to the general Margin of exposure called for by the telephone number: (410) 305–2905; e- population (including infants and product of all applicable UFs is not mail address: [email protected]. children), due to the lack of a NOAEL exceeded. in the acute neurotoxicity study. The 1. Acute risk. Using the exposure B. International Residue Limits 10X FQPA safety factor was reduced to assumptions discussed in this unit for No Codex maximum residue limits 1X for assessing the acute dietary risk to acute exposure, the acute dietary (MRLs) have been established for females (13-49 years of age) and for exposure from food and water to residues of tepraloxydim on any crops assessing the chronic dietary risk to all tepraloxydim will occupy 2% of the at this time. populations based on the following aPAD for the population group (children conclusions. 1-2 years old) receiving the greatest V. Conclusion i. The toxicity database for exposure. Therefore, the tolerance is established tepraloxydim is complete. 2. Chronic risk. Using the exposure for residues tepraloxdydim (2-[1-[[[(2E)- ii. While there are indications that assumptions described in this unit for 3-chloro-2-propenyl]oxy]imino]propyl]- tepraloxydim is neurotoxic at doses far chronic exposure, EPA has concluded 3-hydroxy-5-(tetrahydro-2H-pyran-4-yl)- higher than those currently being used that exposure to tepraloxydim from food 2-cyclohexen-1-one) and its metabolites for the acute and chronic dietary risk and water will utilize 10% of the cPAD convertible to GP (3-(tetrahydropyran-4- assessments, the two generation for the population group (children 1-2 yl)pentane-1,5-dioic acid) and OH-GP reproduction study showed no clinical years old) receiving the greatest (3-hydroxy-3-(tetrahydropyran-4- signs indicative of neurotoxicity in the exposure. yl)pentane-1,5-dioic acid), calculated as parental animals or offspring, nor was 3. Short-term risk. Short-term tepraloxydim, in or on flax, seed; lentil, there evidence for increased aggregate exposure takes into account seed; and pea, dry, seed at 0.10 parts per susceptibility. The Agency concluded residential exposure plus chronic million (ppm). there is no need for a developmental exposure to food and water (considered VI. Statutory and Executive Order neurotoxicity study or additional UFs to to be a background exposure level). Reviews account for neurotoxicity. Tepraloxydim is not registered for use iii. There are no residual concerns on any sites that would result in This final rule establishes a tolerance regarding increased sensitivity in the residential exposure. Therefore, the under section 408(d) of FFDCA in young. There were no qualitative or aggregate risk is the sum of the risk from response to a petition submitted to the quantitative prenatal or postnatal food and water, which does not exceed Agency. The Office of Management and susceptibility issues in the the Agency’s level of concern. Budget (OMB) has exempted these types developmental toxicity study in rabbits 4. Intermediate-term risk. of actions from review under Executive and 2–generation reproduction toxicity Intermediate-term aggregate exposure Order 12866, entitled Regulatory study in rats. Although increased takes into account residential exposure Planning and Review (58 FR 51735, sensitivity was seen in the plus chronic exposure to food and water October 4, 1993). Because this rule has developmental rat study, the degree of (considered to be a background been exempted from review under concern is low as to this finding because exposure level). Tepraloxydim is not Executive Order 12866, this rule is not a clear NOAEL/LOAEL was established registered for use on any sites that subject to Executive Order 13211, for developmental toxicity, and the would result in residential exposure. Actions Concerning Regulations That endpoints of concern were used for Therefore, the aggregate risk is the sum Significantly Affect Energy Supply, assessing risk to the most sensitive of the risk from food and water, which Distribution, or Use (66 FR 28355, May population of concern (Females 13-49). do not exceed the Agency’s level of 22, 2001) or Executive Order 13045, iv. The dietary food exposure concern. entitled Protection of Children from assessment was performed based on 5. Aggregate cancer risk for U.S. Environmental Health Risks and Safety 100%CT and tolerance-level residues. population. Tepraloxydim is not Risks (62 FR 19885, April 23, 1997). Conservative ground water and surface expected to pose a cancer risk for This final rule does not contain any water modeling estimates were used. humans. information collections subject to OMB The drinking water assessment utilized 6. Determination of safety. Based on approval under the Paperwork values generated by models and these risk assessments, EPA concludes Reduction Act (PRA), 44 U.S.C. 3501 et associated modeling parameters which that there is a reasonable certainty that seq., nor does it require any special are designed to provide conservative, no harm will result to the general considerations under Executive Order
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12898, entitled Federal Actions to List of Subjects in 40 CFR Part 180 management measures prior to the Address Environmental Justice in Environmental protection, effective suspension date given in this Minority Populations and Low-Income Administrative practice and procedure, rule, the suspension will not occur and Populations (59 FR 7629, February 16, Agricultural commodities, Pesticides a notice of this will be provided by 1994). and pests, Reporting and recordkeeping publication in the Federal Register on a Since tolerances and exemptions that requirements. subsequent date. are established on the basis of a petition DATES: Effective Dates: The effective under section 408(d) of FFDCA, such as Dated: September 13, 2007. date of each community’s scheduled the tolerance in this final rule, do not Lois Rossi, suspension is the third date (‘‘Susp.’’) require the issuance of a proposed rule, Director, Registration Division, Office of listed in the third column of the the requirements of the Regulatory Pesticide Programs. following tables. Flexibility Act (RFA) (5 U.S.C. 601 et I Therefore, 40 CFR chapter I is ADDRESSES: If you want to determine seq.) do not apply. amended as follows: whether a particular community was This final rule directly regulates suspended on the suspension date, growers, food processors, food handlers, PART 180—[AMENDED] contact the appropriate FEMA Regional and food retailers, not States or tribes, I Office. nor does this action alter the 1. The authority citation for part 180 FOR FURTHER INFORMATION CONTACT: relationships or distribution of power continues to read as follows: David Stearrett, Mitigation Directorate, and responsibilities established by Authority: 21 U.S.C. 321(q), 346a and 371. Federal Emergency Management Congress in the preemption provisions I 2. Section 180.573 is amended by Agency, 500 C Street, SW., Washington, of section 408(n)(4) of FFDCA. As such, alphabetically adding the following DC 20472, (202) 646–2953. the Agency has determined that this commodities to the table in paragraph SUPPLEMENTARY INFORMATION: The NFIP action will not have a substantial direct (a)(1) to read as follows: effect on States or tribal governments, enables property owners to purchase on the relationship between the national § 180.573 Tepraloxydim; tolerances for flood insurance which is generally not government and the States or tribal residues. otherwise available. In return, governments, or on the distribution of (a) General. (1) * * * communities agree to adopt and power and responsibilities among the administer local floodplain management various levels of government or between Parts per aimed at protecting lives and new Commodity million the Federal Government and Indian construction from future flooding. tribes. Thus, the Agency has determined Section 1315 of the National Flood *****Insurance Act of 1968, as amended, 42 that Executive Order 13132, entitled Flax, seed ...... 0.10 Federalism (64 FR 43255, August 10, Lentil, seed ...... 0.10 U.S.C. 4022, prohibits flood insurance 1999) and Executive Order 13175, Pea, dry, seed ...... 0.10 coverage as authorized under the NFIP, entitled Consultation and Coordination *****42 U.S.C. 4001 et seq.; unless an with Indian Tribal Governments (65 FR appropriate public body adopts 67249, November 6, 2000) do not apply * * * * * adequate floodplain management to this rule. In addition, this rule does [FR Doc. E7–18850 Filed 9–25–07; 8:45 am] measures with effective enforcement not impose any enforceable duty or BILLING CODE 6560–50–S measures. The communities listed in contain any unfunded mandate as this document no longer meet that described under Title II of the Unfunded statutory requirement for compliance Mandates Reform Act of 1995 (UMRA) DEPARTMENT OF HOMELAND with program regulations, 44 CFR part (Public Law 104–4). SECURITY 59. Accordingly, the communities will This action does not involve any be suspended on the effective date in technical standards that would require Federal Emergency Management the third column. As of that date, flood Agency consideration of voluntary Agency insurance will no longer be available in consensus standards pursuant to section the community. However, some of these 12(d) of the National Technology 44 CFR Part 64 communities may adopt and submit the Transfer and Advancement Act of 1995 required documentation of legally [Docket No. FEMA–7991] (NTTAA), Public Law 104–113, section enforceable floodplain management 12(d) (15 U.S.C. 272 note). Suspension of Community Eligibility measures after this rule is published but prior to the actual suspension date. VII. Congressional Review Act AGENCY: Federal Emergency These communities will not be The Congressional Review Act, 5 Management Agency, DHS. suspended and will continue their U.S.C. 801 et seq., generally provides ACTION: Final rule. eligibility for the sale of insurance. A that before a rule may take effect, the notice withdrawing the suspension of agency promulgating the rule must SUMMARY: This rule identifies the communities will be published in submit a rule report to each House of communities, where the sale of flood the Federal Register. the Congress and to the Comptroller insurance has been authorized under In addition, FEMA has identified the General of the United States. EPA will the National Flood Insurance Program Special Flood Hazard Areas (SFHAs) in submit a report containing this rule and (NFIP), that are scheduled for these communities by publishing a other required information to the U.S. suspension on the effective dates listed Flood Insurance Rate Map (FIRM). The Senate, the U.S. House of within this rule because of date of the FIRM, if one has been Representatives, and the Comptroller noncompliance with the floodplain published, is indicated in the fourth General of the United States prior to management requirements of the column of the table. No direct Federal publication of this final rule in the program. If the Federal Emergency financial assistance (except assistance Federal Register. This final rule is not Management Agency (FEMA) receives pursuant to the Robert T. Stafford a ‘‘major rule’’ as defined by 5 U.S.C. documentation that the community has Disaster Relief and Emergency 804(2). adopted the required floodplain Assistance Act not in connection with a
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flood) may legally be provided for National Environmental Policy Act. federalism implications under Executive construction or acquisition of buildings This rule is categorically excluded from Order 13132. in identified SFHAs for communities the requirements of 44 CFR part 10, Executive Order 12988, Civil Justice not participating in the NFIP and Environmental Considerations. No Reform. This rule meets the applicable identified for more than a year, on environmental impact assessment has standards of Executive Order 12988. FEMA’s initial flood insurance map of been prepared. Paperwork Reduction Act. This rule Regulatory Flexibility Act. The the community as having flood-prone does not involve any collection of Administrator has determined that this areas (section 202(a) of the Flood information for purposes of the rule is exempt from the requirements of Disaster Protection Act of 1973, 42 Paperwork Reduction Act, 44 U.S.C. the Regulatory Flexibility Act because U.S.C. 4106(a), as amended). This 3501 et seq. prohibition against certain types of the National Flood Insurance Act of Federal assistance becomes effective for 1968, as amended, 42 U.S.C. 4022, List of Subjects in 44 CFR Part 64 prohibits flood insurance coverage the communities listed on the date Flood insurance, Floodplains. shown in the last column. The unless an appropriate public body I Administrator finds that notice and adopts adequate floodplain management Accordingly, 44 CFR part 64 is public comment under 5 U.S.C. 553(b) measures with effective enforcement amended as follows: measures. The communities listed no are impracticable and unnecessary PART 64—[AMENDED] because communities listed in this final longer comply with the statutory requirements, and after the effective rule have been adequately notified. I date, flood insurance will no longer be 1. The authority citation for part 64 Each community receives 6-month, available in the communities unless continues to read as follows: 90-day, and 30-day notification letters remedial action takes place. Authority: 42 U.S.C. 4001 et seq.; addressed to the Chief Executive Officer Regulatory Classification. This final Reorganization Plan No. 3 of 1978, 3 CFR, stating that the community will be rule is not a significant regulatory action 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, suspended unless the required under the criteria of section 3(f) of 3 CFR, 1979 Comp.; p. 376. floodplain management measures are Executive Order 12866 of September 30, § 64.6 [Amended] met prior to the effective suspension 1993, Regulatory Planning and Review, date. Since these notifications were 58 FR 51735. I 2. The tables published under the made, this final rule may take effect Executive Order 13132, Federalism. authority of § 64.6 are amended as within less than 30 days. This rule involves no policies that have follows:
Date certain Effective date authorization/ Federal assist- State and location Community cancellation of Current effective ance no longer No. sale of flood map date available in insurance in community SFHAs
Region III Maryland: Brunswick, City of, Frederick County .... 240028 August 16, 1974, Emerg; January 7, 1977, Sept. 19, 2007 .. Sept. 19, 2007. Reg; September 19, 2007, Susp. Emmitsburg, Town of, Frederick County 240029 May 6, 1975, Emerg; September 17, 1980, ...... do* ...... Do. Reg; September 19, 2007, Susp. Frederick, City of, Frederick County ..... 240030 May 24, 1973, Emerg; June 15, 1978, Reg; ...... do ...... Do. September 19, 2007, Susp. Frederick County, Unincorporated 240027 May 24, 1973, Emerg; June 1, 1978, Reg; ...... do ...... Do. Areas. September 19, 2007, Susp. Middletown, Town of, Frederick County 240162 December 21, 1978, Emerg; October 23, ...... do ...... Do. 1981, Reg; September 19, 2007, Susp. Thurmont, Town of, Frederick County .. 240031 November 15, 1974, Emerg; September 28, ...... do ...... Do. 1979, Reg; September 19, 2007, Susp. Walkersville, Town of, Frederick County 240032 June 12, 1974, Emerg; September 30, ...... do ...... Do. 1980, Reg; September 19, 2007, Susp. Woodsboro, Town of, Frederick County 240033 February 26, 1975, Emerg; December 15, ...... do ...... Do. 1978, Reg; September 19, 2007, Susp. Virginia: Amherst, Town of, Amherst County ...... 510193 February 7, 1974, Emerg; November 2, ...... do ...... Do. 1977, Reg; September 19, 2007, Susp. Amherst County, Unincorporated Areas 510010 March 1, 1974, Emerg; July 17, 1978, Reg; ...... do ...... Do. September 19, 2007, Susp. Fredericksburg, City of, Independent 510065 November 5, 1973, Emerg; July 2, 1979, ...... do ...... Do. City. Reg; September 19, 2007, Susp. Region IV Georgia: Temple, City of, Carroll County ..... 130288 December 22, 1986, Emerg; September 18, ...... do ...... Do. 1987, Reg; September 19, 2007, Susp. North Carolina: Creswell, Town of, Washington County 370443 January 24, 1975, Emerg; August 19, 1985, ...... do ...... Do. Reg; September 19, 2007, Susp. Hamilton, Town of, Martin County ...... 370334 March 26, 1979, Emerg; January 1, 1987, ...... do ...... Do. Reg; September 19, 2007, Susp. Martin County, Unincorporated Areas ... 370155 December 18, 1975, Emerg; July 16, 1991, ...... do ...... Do. Reg; September 19, 2007, Susp.
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Date certain Effective date authorization/ Federal assist- State and location Community cancellation of Current effective ance no longer No. sale of flood map date available in insurance in community SFHAs
Plymouth, Town of, Washington County 370249 April 11, 1974, Emerg; August 19, 1985, ...... do ...... Do. Reg; September 19, 2007, Susp. Robersonville, Town of, Martin County 370156 July 7, 1975, Emerg; July 1, 1987, Reg; ...... do ...... Do. September 19, 2007, Susp. Roper, Town of, Washington County .... 370421 June 9, 1978, Emerg; August 5, 1985, Reg; ...... do ...... Do. September 19, 2007, Susp. Washington County, Unincorporated 370247 January 24, 1975, Emerg; August 19, 1985, ...... do ...... Do. Areas. Reg; September 19, 2007, Susp. Williamston, Town of, Martin County .... 370157 October 2, 1974, Emerg; August 19, 1987, ...... do ...... Do. Reg; September 19, 2007, Susp. Tennessee: Petersburg, City of, Lincoln 470106 March 24, 1975, Emerg; September 29, ...... do ...... Do. County. 1986, Reg; September 19, 2007, Susp. Region V Michigan: Burlington, Township of, Lapeer County 261010 December 22, 1997, Emerg, Reg; Sep- ...... do ...... Do. tember 19, 2007, Susp. Deerfield, Township of, Lapeer County 260434 August 7, 1995, Emerg, Reg; September ...... do ...... Do. 19, 2007, Susp. Elba, Township of, Lapeer County ...... 260776 May 6, 1997, Emerg, Reg; September 19, ...... do ...... Do. 2007, Susp. Goodland, Township of, Lapeer County 260988 May 6, 1997, Emerg, Reg; September 19, ...... do ...... Do. 2007, Susp. Hadley, Township of, Lapeer County .... 261045 July 12, 2001, Emerg, Reg; September 19, ...... do ...... Do. 2007, Susp. Lapeer, City of, Lapeer County ...... 260112 November 25, 1974, Emerg; June 15, 1979, ...... do ...... Do. Reg; September 19, 2007, Susp. Lapeer, Township of, Lapeer County .... 260435 April 26, 1982, Emerg; February 16, 1990, ...... do ...... Do. Reg; September 19, 2007, Susp. Mayfield, Township of, Lapeer County .. 260436 March 10, 1982, Emerg; February 16, 1990, ...... do ...... Do. Reg; September 19, 2007, Susp. North Branch, Village of, Lapeer County 260338 April 2, 1998, Emerg, Reg; September 19, ...... do ...... Do. 2007, Susp. Rich, Township of, Lapeer County ...... 261023 August 13, 1998, Emerg, Reg; September ...... do ...... Do. 19, 2007, Susp. Ohio: Brice, Village of, Franklin County ...... 261023 August 13, 1998, Emerg, Reg; September ...... do ...... Do. 19, 2007, Susp. Columbus, City of, Delaware, Fairfield 390170 May 21, 1971, Emerg; July 5, 1983, Reg; ...... do ...... Do. and Franklin Counties. September 19, 2007, Susp. Fairfield County, Unincorporated Areas 390158 March 21, 1977, Emerg; April 17, 1989, ...... do ...... Do. Reg; September 19, 2007, Susp. Franklin County, Unincorporated Areas 390167 April 19, 1973, Emerg; July 5, 1983, Reg; ...... do ...... Do. September 19, 2007, Susp. Region VIII Colorado: Canon City, City of, Fremont County .... 080068 May 28, 1974, Emerg; November 3, 1982, ...... do ...... Do. Reg; September 19, 2007, Susp. Fremont County, Unincorporated Areas 080067 June 25, 1975, Emerg; September 29, ...... do ...... Do. 1989, Reg; September 19, 2007, Susp. Montana: Whitehall, City of, Jefferson Coun- 300120 May 7, 1975, Emerg; June 4, 1987, Reg; ...... do ...... Do. ty. September 19, 2007, Susp. *-do- =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: September 14, 2007. aimed at protecting lives and new floodplain management measures are Michael K. Buckley, construction from future flooding. met prior to the effective suspension Deputy Assistant Administrator, Mitigation, Section 1315 of the National Flood date. Since these notifications were Department of Homeland Security, Federal Insurance Act of 1968, as amended, 42 made, this final rule may take effect Emergency Management Agency. U.S.C. 4022, prohibits flood insurance within less than 30 days. [FR Doc. E7–18953 Filed 9–25–07; 8:45 am] coverage as authorized under the NFIP, National Environmental Policy Act. BILLING CODE 9110–12–P 42 U.S.C. 4001 et seq.; unless an This rule is categorically excluded from appropriate public body adopts the requirements of 44 CFR part 10, adequate floodplain management Environmental Considerations. No DEPARTMENT OF HOMELAND measures with effective enforcement environmental impact assessment has SECURITY measures. The communities listed in been prepared. this document no longer meet that Regulatory Flexibility Act. The Federal Emergency Management statutory requirement for compliance Administrator has determined that this Agency with program regulations, 44 CFR part rule is exempt from the requirements of 59. Accordingly, the communities will the Regulatory Flexibility Act because 44 CFR Part 64 be suspended on the effective date in the National Flood Insurance Act of [Docket No. FEMA–7993] the third column. As of that date, flood 1968, as amended, 42 U.S.C. 4022, insurance will no longer be available in prohibits flood insurance coverage Suspension of Community Eligibility the community. However, some of these unless an appropriate public body communities may adopt and submit the adopts adequate floodplain management AGENCY: Federal Emergency required documentation of legally Management Agency, DHS. measures with effective enforcement enforceable floodplain management measures. The communities listed no ACTION: Final rule. measures after this rule is published but longer comply with the statutory prior to the actual suspension date. SUMMARY: This rule identifies requirements, and after the effective These communities will not be date, flood insurance will no longer be communities, where the sale of flood suspended and will continue their insurance has been authorized under available in the communities unless eligibility for the sale of insurance. A remedial action takes place. the National Flood Insurance Program notice withdrawing the suspension of Regulatory Classification. This final (NFIP), that are scheduled for the communities will be published in rule is not a significant regulatory action suspension on the effective dates listed the Federal Register. within this rule because of In addition, FEMA has identified the under the criteria of section 3(f) of noncompliance with the floodplain Special Flood Hazard Areas (SFHAs) in Executive Order 12866 of September 30, management requirements of the these communities by publishing a 1993, Regulatory Planning and Review, program. If the Federal Emergency Flood Insurance Rate Map (FIRM). The 58 FR 51735. Management Agency (FEMA) receives date of the FIRM, if one has been Executive Order 13132, Federalism. documentation that the community has published, is indicated in the fourth This rule involves no policies that have adopted the required floodplain column of the table. No direct Federal federalism implications under Executive management measures prior to the financial assistance (except assistance Order 13132. effective suspension date given in this pursuant to the Robert T. Stafford Executive Order 12988, Civil Justice rule, the suspension will not occur and Disaster Relief and Emergency Reform. This rule meets the applicable a notice of this will be provided by Assistance Act not in connection with a standards of Executive Order 12988. publication in the Federal Register on a flood) may legally be provided for Paperwork Reduction Act. This rule subsequent date. construction or acquisition of buildings does not involve any collection of DATES: Effective Dates: The effective in identified SFHAs for communities information for purposes of the date of each community’s scheduled not participating in the NFIP and Paperwork Reduction Act, 44 U.S.C. suspension is the third date (‘‘Susp.’’) identified for more than a year, on 3501 et seq. FEMA’s initial flood insurance map of listed in the third column of the List of Subjects in 44 CFR Part 64 following tables. the community as having flood-prone areas (section 202(a) of the Flood Flood insurance, Floodplains. ADDRESSES: If you want to determine Disaster Protection Act of 1973, 42 whether a particular community was I Accordingly, 44 CFR part 64 is U.S.C. 4106(a), as amended). This suspended on the suspension date, amended as follows: prohibition against certain types of contact the appropriate FEMA Regional Federal assistance becomes effective for Office. PART 64—[AMENDED] the communities listed on the date FOR FURTHER INFORMATION CONTACT: shown in the last column. The I 1. The authority citation for part 64 David Stearrett, Mitigation Directorate, Administrator finds that notice and continues to read as follows: Federal Emergency Management public comment under 5 U.S.C. 553(b) Authority: 42 U.S.C. 4001 et seq.; Agency, 500 C Street, SW., Washington, are impracticable and unnecessary Reorganization Plan No. 3 of 1978, 3 CFR, DC 20472, (202) 646–2953. because communities listed in this final 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, SUPPLEMENTARY INFORMATION: The NFIP rule have been adequately notified. 3 CFR, 1979 Comp.; p. 376. enables property owners to purchase Each community receives 6-month, § 64.6 [Amended] flood insurance which is generally not 90-day, and 30-day notification letters otherwise available. In return, addressed to the Chief Executive Officer I 2. The tables published under the communities agree to adopt and stating that the community will be authority of § 64.6 are amended as administer local floodplain management suspended unless the required follows:
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Region I Vermont: Andover, Town of, Windsor County ...... 500291 April 30, 1975, Emerg; August 5, 1985, Sept. 28, 2007 .. Sept. 28, 2007. Reg; September 28, 2007, Susp. Barnard, Town of, Windsor County...... 500292 June 16, 1975, Emerg; September 18, ...... do* ...... Do. 1985, Reg; September 28, 2007, Susp. Bethel, Town of, Windsor County ...... 500143 November 1, 1974, Emerg; August 5, 1991, ...... do ...... Do. Reg; September 28, 2007, Susp. Brattleboro, Town of, Windham County 500126 October 23, 1973, Emerg; December 4, ...... do ...... Do. 1985, Reg; September 28, 2007, Susp. Cavendish, Town of, Windsor County ... 500145 August 6, 1974, Emerg; October 15, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Chester, Town of, Windsor County ...... 500146 July 3, 1975, Emerg; March 4, 1980, Reg; ...... do ...... Do. September 28, 2007, Susp. Dover, Town of, Windham County ...... 500127 July 21, 1976, Emerg; July 1, 1991, Reg; ...... do ...... Do. September 28, 2007, Susp. Dummerston, Town of, Windham Coun- 500128 July 23, 1975, Emerg; June 17, 1991, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Guilford, Town of, Windham County ..... 500130 September 4, 1975, Emerg; June 3, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. Hartford, Town of, Windsor County ...... 500148 February 11, 1972, Emerg; July 2, 1979, ...... do ...... Do. Reg; September 28, 2007, Susp. Hartland, Town of, Windsor County ...... 500149 June 3, 1993, Emerg; June 3, 1993, Reg; ...... do ...... Do. September 28, 2007, Susp. Jamaica, Town of, Windham County .... 500131 August 7, 1975, Emerg; May 5, 1981, Reg; ...... do ...... Do. September 28, 2007, Susp. Londonderry, Town of, Windham Coun- 500132 July 24, 1975, Emerg; April 1, 1992, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Ludlow, Town of, Windsor County ...... 500150 October 11, 1974, Emerg; September 1, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Ludlow, Village of, Windsor County ...... 500294 October 11, 1974, Emerg; September 1, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Norwich, Town of, Windsor County ...... 500295 June 7, 1974, Emerg; June 15, 1988, Reg; ...... do ...... Do. September 28, 2007, Susp. Plymouth, Town of, Windsor County ..... 500151 November 21, 1975, Emerg; June 19, 1989, ...... do ...... Do. Reg; September 28, 2007, Susp. Pomfret, Town of, Windsor County ...... 500297 October 17, 1975, Emerg; September 18, ...... do ...... Do. 1985, Reg; September 28, 2007, Susp. Putney, Town of, Windham County ...... 500134 June 24, 1975, Emerg; September 18, ...... do ...... Do. 1985, Reg; September 28, 2007, Susp. Reading, Town of, Windsor County ...... 500152 May 8, 1975, Emerg; May 4, 1989, Reg; ...... do ...... Do. September 28, 2007, Susp. Rochester, Town of, Windsor County ... 500299 July 25, 1975, Emerg; August 5, 1991, Reg; ...... do ...... Do. September 28, 2007, Susp. Royalton, Town of, Windsor County ..... 500153 July 24, 1975, Emerg; January 16, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Sharon, Town of, Windsor County ...... 500300 June 16, 1995, Emerg, Reg; September 28, ...... do ...... Do. 2007, Susp. Springfield, Town of, Windsor County ... 500154 June 17, 1975, Emerg; December 4, 1979, ...... do ...... Do. Reg; September 28, 2007, Susp. Stockbridge, Town of, Windsor County 500155 July 8, 1975, Emerg; September 4, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. Townshend, Town of, Windham County 500136 July 25, 1975, Emerg; September 18, 1985, ...... do ...... Do. Reg; September 28, 2007, Susp. Vernon, Town of, Windham County...... 500137 June 25, 1975, Emerg; September 27, ...... do ...... Do. 1991, Reg; September 28, 2007, Susp. Wardsboro, Town of, Windham County 500138 December 23, 1975, Emerg; July 16, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Weathersfield, Town of, Windsor Coun- 500156 September 22, 1975, Emerg; September ...... do ...... Do. ty. 18, 1985, Reg; September 28, 2007, Susp. West Windsor, Town of, Windsor Coun- 500301 March 11, 1976, Emerg; June 17, 1991, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Westminster, Town of, Windham Coun- 500139 July 25, 1975, Emerg; January 3, 1985, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Weston, Town of, Windsor County ...... 500157 July 25, 1974, Emerg; April 1, 1992, Reg; ...... do ...... Do. September 28, 2007, Susp. Whitingham, Town of, Windham County 500141 September 10, 1975, Emerg; September ...... do ...... Do. 18, 1985, Reg; September 28, 2007, Susp.
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Wilmington, Town of, Windham County 500142 May 25, 1973, Emerg; May 1, 1978, Reg; ...... do ...... Do. September 28, 2007, Susp. Windsor, Town of, Windsor County ...... 500159 August 16, 1974, Emerg; September 28, ...... do ...... Do. 1979, Reg; September 28, 2007, Susp. Woodstock, Town of, Windsor County .. 500160 April 30, 1974, Emerg; December 15, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Woodstock, Village of, Windsor County 500161 March 27, 1974, Emerg; February 15, 1979, ...... do ...... Do. Reg; September 28, 2007, Susp. Region II New Jersey: Audubon, Borough of, Camden County 340121 July 3, 1975, Emerg; October 13, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Bedminster, Township of, Somerset 340427 July 26, 1974, Emerg; January 5, 1984, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Bellmawr, Borough of, Camden County 340124 August 1, 1974, Emerg; February 15, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Berlin, Borough of, Camden County ..... 340125 June 10, 1975, Emerg; May 13, 1977, Reg; ...... do ...... Do. September 28, 2007, Susp. Berlin, Township of, Camden County ... 340126 March 25, 1975, Emerg; February 24, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Bernards, Township of, Somerset 340428 February 4, 1972, Emerg; September 1, ...... do ...... Do. County. 1978, Reg; September 28, 2007, Susp. Bernardsville, Borough of, Somerset 340429 December 17, 1971, Emerg; March 1, ...... do ...... Do. County. 1978, Reg; September 28, 2007, Susp. Bloomingdale, Borough of, Passaic 345284 October 2, 1970, Emerg; March 10, 1972, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Bound Brook, Borough of, Somerset 340430 January 14, 1972, Emerg; August 15, 1983, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Branchburg, Township of, Somerset 340431 June 2, 1972, Emerg; June 1, 1978, Reg; ...... do ...... Do. County. September 28, 2007, Susp. Bridgewater, Township of, Somerset 340432 November 26, 1971, Emerg; December 1, ...... do ...... Do. County. 1978, Reg; September 28, 2007, Susp. Brooklawn, Borough of, Camden Coun- 340127 July 16, 1975, Emerg; September 14, 1979, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Camden, City of, Camden County ...... 340128 May 16, 1975, Emerg; December 1, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Cherry Hill, Township of, Camden 340129 January 14, 1972, Emerg; August 15, 1978, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Clementon, Borough of, Camden Coun- 340130 January 30, 1975, Emerg; October 21, ...... do ...... Do. ty. 1983, Reg; September 28, 2007, Susp. Clifton, City of, Passaic County ...... 340398 February 19, 1975, Emerg; June 15, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Collingswood, Borough of, Camden 340131 April 9, 1973, Emerg; July 17, 1978, Reg; ...... do ...... Do. County. September 28, 2007, Susp. Far Hills, Borough of, Somerset County 340433 January 7, 1972, Emerg; July 3, 1978, Reg; ...... do ...... Do. September 28, 2007, Susp. Franklin, Township of, Somerset Coun- 340434 April 6, 1973, Emerg; May 15, 1980, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Gibbsboro, Borough of, Camden Coun- 340545 July 23, 1975, Emerg; October 15, 1981, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Gloucester, City of, Camden County .... 340132 December 19, 1974, Emerg; September 14, ...... do ...... Do. 1979, Reg; September 28, 2007, Susp. Gloucester, Township of, Camden 340133 July 24, 1975, Emerg; December 1, 1982, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Greenbrook, Township of, Somerset 340435 February 25, 1972, Emerg; March 15, 1977, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Haddon, Township of, Camden County 340134 April 12, 1974, Emerg; March 1, 1982, Reg; ...... do ...... Do. September 28, 2007, Susp. Haddon Heights, Borough of, Camden 340136 May 27, 1975, Emerg; August 26, 1977, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Haddonfield, Borough of, Camden 340501 July 14, 1972, Emerg; April 15, 1977, Reg; ...... do ...... Do. County. September 28, 2007, Susp. Haledon, Borough of, Passaic County .. 340399 May 13, 1975, Emerg; March 16, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Hawthorne, Borough of, Passaic Coun- 340400 June 28, 1973, Emerg; September 17, ...... do ...... Do. ty. 1980, Reg; September 28, 2007, Susp. Hillsborough, Township of, Somerset 340436 June 18, 1974, Emerg; March 2, 1981, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Laurel Springs, Borough of, Camden 340547 March 23, 1976, Emerg; May 13, 1977, ...... do ...... Do. County. Reg; September 28, 2007, Susp.
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Lawnside, Borough of, Camden County 340502 January 15, 1974, Emerg; September 1, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Lindenwold, Borough of, Camden 340137 January 12, 1976, Emerg; September 17, ...... do ...... Do. County. 1980, Reg; September 28, 2007, Susp. Little Falls, Township of, Passaic Coun- 340401 July 6, 1973, Emerg; August 17, 1981, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Magnolia, Borough of, Camden County 340138 June 18, 1974, Emerg; November 24, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Manville, Borough of, Somerset County 340437 December 15, 1972, Emerg; February 15, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Millstone, Borough of, Somerset County 340438 October 29, 1973, Emerg; April 3, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Montgomery, Township of, Somerset 340439 August 20, 1974, Emerg; April 1, 1981, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Mount Ephraim, Borough of, Camden 340140 April 15, 1975, Emerg; September 1, 1978, ...... do ...... Do. County. Reg; September 28, 2007, Susp. North Haledon, Borough of, Passaic 340402 January 29, 1975, Emerg; July 2, 1981, ...... do ...... Do. County. Reg; September 28, 2007, Susp. North Plainfield, City of, Somerset 345307 November 6, 1970, Emerg; August 20, ...... do ...... Do. County. 1971, Reg; September 28, 2007, Susp. Oaklyn, Borough of, Camden County ... 340141 September 16, 1975, Emerg; November 3, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Passaic, City of, Passaic County ...... 340403 April 9, 1973, Emerg; September 28, 1979, ...... do ...... Do. Reg; September 28, 2007, Susp. Paterson, City of, Passaic County ...... 340404 November 12, 1971, Emerg; February 16, ...... do ...... Do. 1977, Reg; September 28, 2007, Susp. Peapack and Gladstone, Borough of, 340441 January 28, 1972, Emerg; December 15, ...... do ...... Do. Somerset County. 1977, Reg; September 28, 2007, Susp. Pennsauken, Township of, Camden 340142 January 28, 1972, Emerg; April 15, 1977, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Pine Hill, Borough of, Camden County 340143 March 11, 1975, Emerg; February 24, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Pompton Lakes, Borough of, Passaic 345528 June 5, 1970, Emerg; September 4, 1970, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Prospect Park, Borough of, Passaic 340406 August 7, 1975, Emerg; April 3, 1978, Reg; ...... do ...... Do. County. September 28, 2007, Susp. Raritan, Borough of, Somerset County 340442 December 10, 1974, Emerg; December 15, ...... do ...... Do. 1981, Reg; September 28, 2007, Susp. Ringwood, Borough of, Passaic County 340407 June 18, 1975, Emerg; February 3, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Rocky Hill, Borough of, Somerset 340443 July 15, 1975, Emerg; December 16, 1980, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Runnemede, Borough of, Camden 340144 August 7, 1973, Emerg; January 2, 1980, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Somerdale, Borough of, Camden Coun- 340145 December 17, 1971, Emerg; February 1, ...... do ...... Do. ty. 1979, Reg; September 28, 2007, Susp. Somerville, Borough of, Camden Coun- 340444 May 22, 1975, Emerg; January 6, 1983, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. South Bound Brook, Borough of, Cam- 340445 February 12, 1975, Emerg; September 30, ...... do ...... Do. den County. 1982, Reg; September 28, 2007, Susp. Stratford, Borough of, Camden County 340146 March 21, 1975, Emerg; September 17, ...... do ...... Do. 1980, Reg; September 28, 2007, Susp. Totowa, Borough of, Passaic County .... 340408 May 23, 1975, Emerg; August , 1985, Reg; ...... do ...... Do. September 28, 2007, Susp. Voorhees, Township of, Camden Coun- 340538 August 2, 1974, Emerg; September 1, ...... do ...... Do. ty. 1978, Reg; September 28, 2007, Susp. Wanaque, Borough of, Passaic County 340409 August 12, 1974, Emerg; January 16, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Warren, Township of, Somerset County 340446 February 4, 1972, Emerg; January 5, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Watchung, Borough of, Somerset 340447 September 17, 1973, Emerg; December 4, ...... do ...... Do. County. 1979, Reg; September 28, 2007, Susp. Waterford, Township of, Camden Coun- 340147 July 15, 1975, Emerg; April 29, 1983, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Wayne, Township of, Passaic County .. 345327 July 10, 1970, Emerg; February 16, 1972, ...... do ...... Do. Reg; September 28, 2007, Susp. West Milford, Township of, Passaic 340411 April 28, 1975, Emerg; January 16, 1981, ...... do ...... Do. County. Reg; September 28, 2007, Susp. West Paterson, Borough of, Passaic 340412 June 25, 1975, Emerg; December 15, 1981, ...... do ...... Do. County. Reg; September 28, 2007, Susp.
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Winslow, Township of, Camden County 340148 July 31, 1975, Emerg; January 20, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Woodlynne, Borough of, Camden 340149 June 24, 1975, Emerg; December 1, 1981, ...... do ...... Do. County. Reg; September 28, 2007, Susp. New York: Ardsley, Village of, Westchester County 360902 December 30, 1971, Emerg; September 29, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Beekmantown, Town of, Clinton County 360166 December 15, 1976, Emerg; May 4, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Black Brook, Town of, Clinton County .. 361309 January 19, 1976, Emerg; August 15, 1983, ...... do ...... Do. Reg; September 28, 2007, Susp. Briarcliff Manor, Village of, Westchester 360904 May 23, 1973, Emerg; February 1, 1978, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Bronxville, Village of, Westchester 360905 March 16, 1973, Emerg; March 1, 1979, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Buchanan, Village of, Westchester 361534 June 28, 1977, Emerg; July 27, 1979, Reg; ...... do ...... Do. County. September 28, 2007, Susp. Dobbs Ferry, Village of, Westchester 360908 August 10, 1976, Emerg; April 16, 1979, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Ellenburg, Town of, Clinton County ...... 361382 May 23, 1984, Emerg; March 4, 1986, Reg; ...... do ...... Do. September 28, 2007, Susp. Elmsford, Village of, Westchester Coun- 360910 June 27, 1975, Emerg; June 15, 1979, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Greenburgh, Town of, Westchester 360911 February 23, 1973, Emerg; August 15, ...... do ...... Do. County. 1980, Reg; September 28, 2007, Susp. Harrison, Town of, Westchester County 360912 February 2, 1973, Emerg; March 15, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Hastings-on-Hudson, Village of, West- 360913 January 23, 1975, Emerg; April 2, 1979, ...... do ...... Do. chester County. Reg; September 28, 2007, Susp. Irvington, Village of, Westchester Coun- 360914 June 28, 1974, Emerg; March 15, 1979, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Keeseville, Village of, Clinton and 360266 May 29, 1980, Emerg; June 5, 1985, Reg; ...... do ...... Do. Essex County. September 28, 2007, Susp. Larchmont, Village of, Westchester 360915 February 4, 1972, Emerg; September 1, ...... do ...... Do. County. 1977, Reg; September 28, 2007, Susp. Lewisboro, Town of, Westchester 361227 September 12, 1975, Emerg; March 9, ...... do ...... Do. County. 1984, Reg; September 28, 2007, Susp. Mount Kisco, Village of, Westchester 360918 March 8, 1976, Emerg; September 18, ...... do ...... Do. County. 1986, Reg; September 28, 2007, Susp. Mount Vernon, City of, Westchester 360920 April 22, 1975, Emerg; October 17, 1978, ...... do ...... Do. County. Reg; September 28, 2007, Susp. New Rochelle, City of, Westchester 360922 April 27, 1973, Emerg; June 18, 1980, Reg; ...... do ...... Do. County. September 28, 2007, Susp. North Castle, Town of, Westchester 360923 June 12, 1975, Emerg; December 2, 1983, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Ossining, Village of, Westchester Coun- 361021 October 18, 1974, Emerg; July 5, 1982, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Peekskill, City of, Westchester County 360924 July 7, 1975, Emerg; August 15, 1984, Reg; ...... do ...... do. September 28, 2007, Susp. Pelham, Village of, Westchester County 360925 September 8, 1975, Emerg; April 2, 1979, ...... do ...... Do. Reg; September 28, 2007, Susp. Pelham Manor, Village of, Westchester 360926 November 11, 1974, Emerg; January 3, ...... do ...... Do. County. 1979, Reg; September 28, 2007, Susp. Peru, Town of, Clinton County ...... 361384 April 16, 1976, Emerg; May 4, 1987, Reg; ...... do ...... Do. September 28, 2007, Susp. Plattsburg, Town of, Clinton County ..... 360169 May 25, 1973, Emerg; September 28, 1979, ...... do ...... Do. Reg; September 28, 2007, Susp. Port Chester, Village of, Westchester 360928 June 20, 1973, Emerg; January 16, 1980, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Pound Ridge, Town of, Westchester 360929 April 21, 1975, Emerg; May 25, 1984, Reg; ...... do ...... Do. County. September 28, 2007, Susp. Rouses Point, Village of, Clinton Coun- 360170 August 12, 1975, Emerg; August 4, 1987, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Rye, City of, Westchester County ...... 360931 April 23, 1974, Emerg; April 1, 1980, Reg; ...... do ...... Do. September 28, 2007, Susp. Rye Brook, Village of, Westchester 360930 July 26, 1973, Emerg; September 28, 1979, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Scarsdale, Village of, Westchester 360932 April 25, 1973, Emerg; June 18, 1980, Reg; ...... do ...... Do. County. September 28, 2007, Susp.
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Sleepy Hollow, Village of, Westchester 361515 September 12, 1975, Emerg; August 17, ...... do ...... Do. County. 1981, Reg; September 28, 2007, Susp. Tuckahoe, Village of, Westchester 360934 July 2, 1975, Emerg; February 15, 1979, ...... do ...... Do. County. Reg; September 28, 2007, Susp. White Plains, City of, Westchester 360935 October 20, 1972, Emerg; January 2, 1980, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Yonkers, City of, Westchester County .. 360936 April 13, 1973, Emerg; August 15, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Yorktown, Town of, Westchester Coun- 360937 March 28, 1975, Emerg; November 15, ...... do ...... Do. ty. 1985, Reg; September 28, 2007, Susp. Region III Pennsylvania: Buffalo, Township of, Union County ...... 421237 March 17, 1975, Emerg; April 1, 1977, Reg; ...... do ...... Do. September 28, 2007, Susp. East Buffalo, Township of, Union Coun- 421011 April 24, 1973, Emerg; February 2, 1977, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Gregg, Township of, Union County ...... 420830 May 11, 1973, Emerg; September 28, 1979, ...... do ...... Do. Reg; September 28, 2007, Susp. Kelly, Township of, Union County...... 422103 September 19, 1974, Emerg; March 1, ...... do ...... Do. 1977, Reg; September 28, 2007, Susp. Lewis, Township of, Union County ...... 422104 July 29, 1976, Emerg; September 30, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Lewisburg, Borough of, Union County .. 420831 November 3, 1972, Emerg; February 2, ...... do ...... Do. 1977, Reg; September 28, 2007, Susp. Limestone, Township of, Union County 422105 February 13, 1975, Emerg; March 4, 1988, ...... do ...... Do. Reg; September 28, 2007, Susp. Mifflinburg, Borough of, Union County .. 420832 May 2, 1975, Emerg; March 4, 1988, Reg; ...... do ...... Do. September 28, 2007, Susp. New Berlin, Borough of, Union County 420833 November 21, 1975, Emerg; April 30, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. Union, Township of, Union County ...... 420834 July 5, 1973, Emerg; August 1, 1979, Reg; ...... do ...... Do. September 28, 2007, Susp. West Buffalo, Township of, Union 422106 June 4, 1979, Emerg; September 30, 1987, ...... do ...... Do. County. Reg; September 28, 2007, Susp. White Deer, Township of, Union County 421034 October 4, 1973, Emerg; September 28, ...... do ...... Do. 1979, Reg; September 28, 2007, Susp. Virginia: Augusta County, Unincorporated Areas 510013 July 24, 1974, Emerg; May 17, 1990, Reg; ...... do ...... Do. September 28, 2007, Susp. Berryville, Town of, Clarke County ...... 510037 March 17, 1975, Emerg; April 1, 1988, Reg; ...... do ...... Do. September 28, 2007, Susp. Clarke County, Unincorporated Areas .. 510036 October 13, 1972, Emerg; September 24, ...... do ...... Do. 1984, Reg; September 28, 2007, Susp. Craigsville, Town of, Augusta County ... 510014 May 14, 1974, Emerg; April 15, 1986, Reg; ...... do ...... Do. September 28, 2007, Susp. James City, Unincorporated Areas ...... 510201 October 20, 1975, Emerg; February 6, ...... do ...... Do. 1991, Reg; September 28, 2007, Susp. Roanoke, City of, Roanoke County ...... 510130 September 11, 1973, Emerg; November 4, ...... do ...... Do. 1981, Reg; September 28, 2007, Susp. Roanoke County, Unincorporated Areas 510190 October 11, 1973, Emerg; October 17, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Salem, City of, Roanoke County ...... 510141 March 8, 1974, Emerg; September 2, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Stauton, City of, Independent City ...... 510155 December 24, 1974, Emerg; December 1, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Vinton, Town of, Roanoke County ...... 510131 March 6, 1974, Emerg; March 15, 1978, ...... do ...... Do. Reg; September 28, 2007, Susp. Waynesboro, City of, Independent City 515532 June 19, 1970, Emerg; July 2, 1971, Reg; ...... do ...... Do. September 28, 2007, Susp. Williamsburg, City of, James City Coun- 510294 October 29, 1975, Emerg; November 20, ...... do ...... Do. ty. 1981, Reg; September 28, 2007, Susp. Region IV Alabama: Calhoun County, Unincorporated Areas 010013 September 22, 1975, Emerg; September ...... do ...... Do. 15, 1983, Reg; September 28, 2007, Susp. Moundville, Town of, Tuscaloosa Coun- 010096 October 11, 1974, Emerg; July 18, 1985, ...... do ...... Do. ty. Reg; September 28, 2007, Susp.
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Piedmont, City of, Calhoun County ...... 010024 June 25, 1975, Emerg; June 15, 1984, Reg; ...... do ...... Do. September 28, 2007, Susp. Florida: Altamonte Springs, City of, Seminole 120290 October 9, 1974, Emerg; March 18, 1980, ...... do ...... Do. County. Reg; September 28, 2007, Susp. Casselberry, City of, Seminole County 120291 September 11, 1974, Emerg; July 2, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Lake Mary, City of, Seminole County ... 120416 September 10, 1976, Emerg; March 18, ...... do ...... Do. 1980, Reg; September 28, 2007, Susp. Longwood, City of, Seminole County .... 120292 March 12, 1975, Emerg; March 18, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Seminole County, Unincorporated 120289 May 29, 1974, Emerg; May 5, 1981, Reg; ...... do ...... Do. Areas. September 28, 2007, Susp. Wewahitchka, City of, Gulf County ...... 120100 May 19, 1976, Emerg; May, 17, 1982, Reg; ...... do ...... Do. September 28, 2007, Susp. Georgia: Adairsville, Town of, Bartown County ... 130235 January 5, 1979, Emerg; July 30, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Blairsville, Town of, Union County ...... 130179 September 16, 1991, Emerg; June 1, 2005, ...... do ...... Do. Reg; September 28, 2007, Susp. Emerson, City of, Bartown County ...... 130276 April 19, 1976, Emerg; October 8, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Union County, Unincorporated Areas ... 130254 October 26, 1984, Emerg; March 1, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. White, City of, Bartown County ...... 130278 June 18, 1976, Emerg; June 4, 1982, Reg; ...... do ...... Do. September 28, 2007, Susp. Kentucky: Clay County, Unincorporated Areas ...... 210057 May 22, 1984, Emerg; January 1, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Frankfort, City of, Franklin County ...... 210075 April 23, 1974, Emerg; July 2, 1981, Reg; ...... do ...... Do. September 28, 2007, Susp. Franklin County, Unincorporated Areas 210280 January 23, 1976, Emerg; September 30, ...... do ...... Do. 1981, Reg; September 28, 2007, Susp. Manchester, City of, Clay County ...... 210058 September 2, 1975, Emerg; July 2, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Mississippi: Ackerman, Town of, Choctaw County ... 280032 April 1, 1975, Emerg; July 3, 1986, Reg; ...... do ...... Do. September 28, 2007, Susp. North Carolina: Belmont, City of, Gaston County...... 370320 March 26, 1976, Emerg; November 1 ...... do ...... Do. ,1979, Reg; September 28, 2007, Susp. Bessemer City, City of, Gaston County 370526 November 26, 2002, Emerg; March 3, ...... do ...... Do. 2003, Reg; September 28, 2007, Susp. Caswell County, Unincorporated Areas 370300 September 6, 2002, Emerg, Reg; Sep- ...... do ...... Do. tember 28, 2007, Susp. Cramerton, Town of, Gaston County .... 370321 May 21, 1992, Emerg; May 21, 1992, Reg; ...... do ...... Do. September 28, 2007, Susp. Dallas, Town of, Gaston County ...... 370322 October 7, 1992, Emerg; May 1, 1994, Reg; ...... do ...... Do. September 28, 2007, Susp. Gaston County, Unincorporated Areas 370099 April 16, 1976, Emerg; May 1, 1980, Reg; ...... do ...... Do. September 28, 2007, Susp. Gastonia, City of, Gaston County ...... 370100 November 26, 1973, Emerg; February 1, ...... do ...... Do. 1978, Reg; September 28, 2007, Susp. Lowell, City of, Gaston County...... 370323 September 15, 1987, Emerg; March 5, ...... do ...... Do. 1990, Reg; September 28, 2007, Susp. Mcadenville, Town of, Gaston County .. 370101 September 7, 1979, Emerg; June 1, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Mount Holly, City of, Gaston County ..... 370102 January 15, 1974, Emerg; September 28, ...... do ...... Do. 1979, Reg; September 28, 2007, Susp. Ranlo, Town of, Gaston County ...... 370324 December 19, 1989 Emerg; March 3, 2003, ...... do ...... Do. Reg; September 28, 2007, Susp. Yanceyville, Town of, Caswell County .. 370641 February 8, 2005, Emerg, Reg; September ...... do ...... Do. 28, 2007, Susp. Tennessee: Bartlett, City of, Shelby County ...... 470175 December 28, 1973, Emerg; June 15, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Bolivar, City of, Hardeman County...... 470081 September 6, 1985, Emerg; August 19, ...... do ...... Do. 1987, Reg; September 28, 2007, Susp. Chapel Hill, Town of, Marshall County .. 470120 June 14, 2002, Emerg; June 14, 2002, Reg; ...... do ...... Do. September 28, 2007, Susp.
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Chester County, Unincorporated Areas 470348 November 17, 1994, Emerg; , Reg; Sep- ...... do ...... Do. tember 28, 2007, Susp. Collierville, Town of, Shelby County ..... 470263 September 29, 1975, Emerg; September ...... do ...... Do. 30, 1981, Reg; September 28, 2007, Susp. Cornersville, Town of, Marshall County 470325 June 18, 1984, Emerg; September 1, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. Gates, Town of, Lauderdale County ..... 470258 September 16, 1975, Emerg; July 2, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Germantown, City of, Shelby County .... 470353 October 1, 1975, Emerg; January 20, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Giles County, Unincorporated Areas ..... 470063 April 16, 1999, Emerg; April 16, 1999, Reg; ...... do ...... Do. September 28, 2007, Susp. Halls, Town of, Lauderdale County ...... 470231 April 30, 1975, Emerg; March 18, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Harriman, City of, Roane County ...... 475427 September 18, 1970, Emerg; February 26, ...... do ...... Do. 1971, Reg; September 28, 2007, Susp. Henderson, City of, Chester County ..... 470029 July 25, 1975, Emerg; March 18, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. Henning, Town of, Lauderdale County 470259 July 21, 1986, Emerg; March 4, 1988, Reg; ...... do ...... Do. September 28, 2007, Susp. Huntsville, Town of, Scott County ...... 470397 September 26, 1988, Emerg; September ...... do ...... Do. 29, 1989, Reg; September 28, 2007, Susp. Lauderdale County, Unincorporated 470333 April 14, 1975, Emerg; September 30, ...... do ...... Do. Areas. 1987, Reg; September 28, 2007, Susp. Lynnville, City of, Giles County ...... 470065 February 19, 1999, Emerg; July 1, 2000, ...... do ...... Do. Reg; September 28, 2007, Susp. Memphis, City of, Shelby County...... 470177 August 23, 1974, Emerg; December 1, ...... do ...... Do. 1982, Reg; September 28, 2007, Susp. Millington, City of, Shelby County...... 470178 November 1, 1974, Emerg; March 16, ...... do ...... Do. 1981, Reg; September 28, 2007, Susp. Oneida, Town of, Scott County ...... 470170 June 24, 1975, Emerg; June 17, 1986, Reg; ...... do ...... Do. September 28, 2007, Susp. Pulaski, City of, Giles County ...... 470067 April 14, 1975, Emerg; January 16, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Ripley, Town of, Lauderdale County ..... 470100 January 23, 1975, Emerg; May 19, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Rockwood, City of, Roane County ...... 475443 May 15, 1970, Emerg; May 15, 1970, Reg; ...... do ...... Do. September 28, 2007, Susp. Shelby County, Unincorporated Areas .. 470214 May 15, 1974, Emerg; December 1, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Sparta, City of, White County...... 470203 March 14, 1974, Emerg; November 2, ...... do ...... Do. 1977, Reg; September 28, 2007, Susp. Region VI Arkansas: Benton County, Unincorporated Areas 050419 April 29, 1988, Emerg; September 18, ...... do ...... Do. 1991, Reg; September 28, 2007, Susp. Bentonville, City of, Benton County ...... 050012 January 3, 1975, Emerg; July 16, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Bethel Heights, Town of, Benton Coun- 050386 April 19, 1996, Emerg; April 19, 1996, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Calion, City of, Union County ...... 050206 October 25, 1974, Emerg; July 2, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Centerton, City of, Benton County ...... 050399 August 14, 1975, Emerg; August 24, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Decatur, City of, Benton County ...... 050319 March 10, 1976, Emerg; January 3, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. Elm Springs, City of, Washington Coun- 050213 May 15, 1975, Emerg; April 30, 1986, Reg; ...... do ...... Do. ty. September 28, 2007, Susp. Felsenthal, Town of, Union County ...... 050574 March 30, 1982, Emerg; June 19, 1985, ...... do ...... Do. Reg; September 28, 2007, Susp. Gentry, City of, Benton County ...... 050324 March 11, 2005, Emerg; March 11, 2005, ...... do ...... Do. Reg; September 28, 2007, Susp. Gravette, City of, Benton County ...... 050327 May 17, 1976, Emerg; August 24, 1982, ...... do ...... Do. Reg; September 28, 2007, Susp. Highfill, Town of, Benton County ...... 050581 July 22, 2003, Emerg; July 22, 2003, Reg; ...... do ...... Do. September 28, 2007, Susp.
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Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs
Huttig, City of, Union County ...... 050208 June 23, 1975, Emerg; June 4, 1980, Reg; ...... do ...... Do. September 28, 2007, Susp. Lowell, City of, Benton County ...... 050342 June 1, 1976, Emerg; August 19, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Norphlet, City of, Union County ...... 050356 May 5, 1975, Emerg; June 1, 1987, Reg; ...... do ...... Do. September 28, 2007, Susp. Pea Ridge, City of, Benton County ...... 050361 November 7, 1975, Emerg; September 1, ...... do ...... Do. 1987, Reg; September 28, 2007, Susp. Rogers, City of, Benton County ...... 050013 June 12, 1975, Emerg; March 2, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Siloam Springs, City of, Benton County 050014 April 14, 1975, Emerg; November 19, 1980, ...... do ...... Do. Reg; September 28, 2007, Susp. Smackover, City of, Union County ...... 050209 May 13, 1975, Emerg; July 2, 1980, Reg; ...... do ...... Do. September 28, 2007, Susp. Springdale, City of, Benton County...... 050219 September 26, 1974, Emerg; June 15, ...... do ...... Do. 1981, Reg; September 28, 2007, Susp. Strong, City of, Union County ...... 050210 February 11, 1975, Emerg; April 1, 1981, ...... do ...... Do. Reg; September 28, 2007, Susp. Union County, Unincorporated Areas ... 050205 February 7, 1983, Emerg; March 1, 1987, ...... do ...... Do. Reg; September 28, 2007, Susp. Region VII Missouri: Gainesville, City of, Ozark County ...... 290273 August 20, 1975, Emerg; August 19, 1986, ...... do ...... Do. Reg; September 28, 2007, Susp. Theodosia, Village of, Ozark County .... 290306 January 25, 2006, Emerg; -, Reg; Sep- ...... do ...... Do. tember 28, 2007, Susp. Region VIII Montana: Flathead County, Unincorporated Areas 300023 October 31, 1975, Emerg; September 5, ...... do ...... Do. 1984, Reg; September 28, 2007, Susp. Columbia Falls, City of, Flathead Coun- 300024 June 25, 1974, Emerg; October 15, 1985, ...... do ...... Do. ty. Reg; September 28, 2007, Susp. Whitefish, City of, Flathead County ...... 300026 June 25, 1974, Emerg; October 15, 1985, ...... do ...... Do. Reg; September 28, 2007, Susp. South Dakota: Watertown, City of, Codington County .. 460016 February 20, 1975, Emerg; July 4, 1989, ...... do ...... Do. Reg; September 28, 2007, Susp. Wyoming: Hulett, Town of, Crook County ...... 560016 May 21, 1997, Emerg; April 1, 1999, Reg; ...... do ...... Do. September 28, 2007, Susp. Region IX Arizona: Apache County, Unincorporated Areas 040001 April 11, 1975, Emerg; July 5, 1982, Reg; ...... do ...... Do. September 28, 2007, Susp. Clifton, Town of, Greenlee County ...... 040035 January 17, 1975, Emerg; March 1, 1984, ...... do ...... Do. Reg; September 28, 2007, Susp. Greenlee County, Unincorporated 040110 December 29, 1978, Emerg; July 18, 1985, ...... do ...... Do. Areas. Reg; September 28, 2007, Susp. Region X Oregon: Bend, City of, Deschutes County...... 410056 March 12, 1975, Emerg; September 4, ...... do ...... Do. 1987, Reg; September 28, 2007, Susp. Sisters, City of, Deschutes County ...... 410058 August 14, 1975, Emerg; September 29, ...... do ...... Do. 1986, Reg; September 28, 2007, Susp. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: September 17, 2007. vehicles are equipped with antitheft standard unless it is exempted under Michael K. Buckley, devices determined to meet certain § 33106. Section 33106 provides that a Deputy Assistant Administrator, Mitigation, statutory criteria pursuant to the statute manufacturer may petition to have a Department of Homeland Security, Federal relating to motor vehicle theft line exempted from the requirements of Emergency Management Agency. prevention. § 33104, if the line is equipped with an [FR Doc. E7–18952 Filed 9–25–07; 8:45 am] DATES: Effective Date: The amendment antitheft device as standard equipment. BILLING CODE 9110–12–P made by this final rule is effective The exemption is granted if NHTSA September 26, 2007. determines that the antitheft device is likely to be as effective as compliance FOR FURTHER INFORMATION CONTACT: Ms. with the theft prevention standard in DEPARTMENT OF TRANSPORTATION Rosalind Proctor, Consumer Programs reducing and deterring motor vehicle Division, Office of International Policy, thefts. Office of the Secretary Fuel Economy and Consumer Programs, The agency annually publishes the NHTSA, West Building, 1200 New names of those vehicle lines that are 49 CFR Part 40 Jersey Avenue, SE., (NVS–131, Room exempted from the theft prevention W43–302) Washington, DC 20590. Ms. standard for a given model year under Procedures for Transportation Proctor’s telephone number is (202) section 33104. Appendix A to Part 541 Workplace Drug and Alcohol Testing 366–0846. Her fax number is (202) 493– identifies those new light-duty truck Programs 0073. lines listed for the first time that will be CFR Correction SUPPLEMENTARY INFORMATION: On April subject to the theft prevention standard 6, 2004, the agency published in the In Title 49 of the Code of Federal beginning in a given model year. Federal Register (69 FR 17960) a final Appendix A–I to Part 541 identifies Regulations, Parts 1 to 99, revised as of rule extending the parts marking October 1, 2006, the heading for those vehicle lines that are or have been requirements to certain vehicle lines exempted from the theft prevention § 40.209, on page 680 is corrected to that were not previously subject to these read as follows: standard. requirements: (1) All low-theft Beginning September 1, 2006, all § 40.209 What procedural problems do not passenger car lines; (2) all low-theft passenger cars, all MPVs (with a gross result in the cancellation of a test and do multipurpose passenger vehicle (MPV) vehicle weight rating of 6,000 pounds or not require correction? lines with a gross vehicle weight rating less), all light duty trucks (with a gross * * * * * (GVWR) of 6,000 pounds or less; and (3) vehicle weight rating of 6,000 pounds or low-theft light-duty truck (LDT) lines [FR Doc. 07–55511 Filed 9–25–07; 8:45 am] less) determined to be high-theft in with a GVWR of 6,000 pounds or less accordance with 49 CFR 542.1, and all BILLING CODE 1505–01–D that have major parts that are low-theft light duty trucks (with a gross interchangeable with a majority of the vehicle weight rating of 6,000 pounds or covered major parts of passenger cars or DEPARTMENT OF TRANSPORTATION less) having a majority of their MPVs. The high-theft vehicle lines that interchangeable parts with those of a National Highway Traffic Safety were previously exempted under 49 passenger motor vehicle line in Administration CFR Part 543 on the grounds that they accordance with 49 CFR 542.2 became were equipped with an antitheft device subject to the parts marking 49 CFR Part 541 as standard equipment were unaffected requirements. At least 50 percent of the by the April 2004 final rule. The agency production volume not subject to the [Docket No. NHTSA–2007–28497] also stated that it would continue to current parts marking requirements grant exemptions for one vehicle line RIN 2127–AJ97 (excluding light duty trucks) must have per model year. The final rule is been marked by September 1, 2006. The Federal Motor Vehicle Theft Prevention effective September 1, 2006. remaining production volume not Standard; Final Listing of 2008 Light The purpose of the theft prevention subject to the current parts marking Duty Truck Lines Subject to the standard (49 CFR Part 541) is to reduce requirements must be marked by Requirements of This Standard and the incidence of motor vehicle theft by September 1, 2007 (see 70 FR 28843, Exempted Vehicle Lines for Model Year facilitating the tracing and recovery of May 19, 2005). On April 19, 2006, the 2008 parts from stolen vehicles. The standard final listing of MY 2007 high-theft seeks to facilitate such tracing by vehicle lines was published in the AGENCY: National Highway Traffic requiring that vehicle identification Federal Register (71 FR 20022). Safety Administration (NHTSA), numbers (VINs), VIN derivative The final listing identified that there Department of Transportation. numbers, or other symbols be placed on were no new vehicle lines that became ACTION: Final rule. major component vehicle parts. The subject to the theft prevention standard theft prevention standard requires motor beginning with the 2007 model year. For SUMMARY: This final rule announces vehicle manufacturers to inscribe or MY 2008, there were no new light-duty NHTSA’s determination that no new affix VINs onto covered original truck lines identified that became model year (MY) 2008 light duty truck equipment major component parts, and subject to the theft prevention standard lines are subject to the parts-marking to inscribe or affix a symbol identifying in accordance with the procedures requirements of the Federal motor the manufacturer and a common symbol published in 49 CFR Part 542. vehicle theft prevention standard identifying the replacement component Subsequent to publishing the 2007 because they have been determined by parts for those original equipment parts, final rule, two manufacturers petitioned the agency to be high-theft or that they on all vehicle lines subject to the the agency for an exemption from the have a majority of interchangeable parts requirements of the standard. parts marking requirements of the with those of a passenger motor vehicle Section 33104(d) provides that once a Federal motor vehicle theft prevention line. This final rule also identifies those line has become subject to the theft standard. The agency granted petitions vehicle lines that are exempted from the prevention standard, the line remains for exemptions to the Ford Motor parts-marking requirements because the subject to the requirements of the Company for the Five Hundred vehicle
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line and Mitsubishi Motors Corporation regulatory action’’ as one that is likely local officials or the preparation of a for the Eclipse vehicle line, all to result in a rule that may: federalism summary impact statement. beginning with the 2007 model year. (1) Have an annual effect on the E. Unfunded Mandates Act For MY 2008, the list of lines that economy of $100 million or more or have been exempted by the agency from adversely affect in a material way the The Unfunded Mandates Reform Act the parts-marking requirements of Part economy, a sector of the economy, of 1995 requires agencies to prepare a 541 includes ten vehicle lines newly productivity, competition, jobs, the written assessment of the costs, benefits exempted in full. The nine exempted environment, public health or safety, or and other effects of proposed or final vehicle lines are the BMW 1, the Dodge State, local, or Tribal governments or rules that include a Federal mandate Magnum, the Nissan Versa, the Ford communities; likely to result in the expenditure by Taurus X, the Subaru Impreza, the (2) Create a serious inconsistency or State, local or tribal governments, in the Saturn Aura, the Hyundai Azera, the otherwise interfere with an action taken aggregate, or by the private sector, of Mazda CX–9, the Mercedes-Benz C-Line or planned by another agency; more than $100 million annually Chassis (C-Class/CLK-Class) and the (3) Materially alter the budgetary ($120.7 million as adjusted annually for Volkswagen New Beetle. impact of entitlements, grants, user fees, inflation with base year of 1995). The We note that the agency is removing or loan programs or the rights and assessment may be combined with other from the list being published in the obligations of recipients thereof; or assessments, as it is here. Federal Register certain vehicles lines (4) Raise novel legal or policy issues This final rule will not result in that have been discontinued more than arising out of legal mandates, the expenditures by State, local or tribal 5 years ago. Subsequent to publishing President’s priorities, or the principles governments or automobile the April 19, 2006 Federal Register set forth in the Executive Order. manufacturers and/or their suppliers of notice, the agency was informed that the This final rule was not reviewed more than $120.7 million annually. This Mazda RX–7 vehicle line was under Executive Order 12866. It is not document informs the public of discontinued in MY 1995 and the RX– significant within the meaning of the previously granted exemptions. Since 8 was erroneously listed as an exempted DOT Regulatory Policies and the only purpose of this final rule is to vehicle line. Therefore, both vehicle Procedures. It will not impose any new inform the public of previous actions lines have been removed from the burdens on vehicle manufacturers. This taken by the agency, no new costs or Appendix A–I listing. The agency will document informs the public of burdens will result. continue to maintain a comprehensive previously granted exemptions. Since database of all exemptions on our Web F. Executive Order 12988 (Civil Justice the only purpose of this final rule is to Reform) site. However, we believe that re- inform the public of previous actions publishing a list containing vehicle taken by the agency no new costs are Pursuant to Executive Order 12988, lines that have not been in production burdens will result. ‘‘Civil Justice Reform’’ 1 the agency has for a considerable period of time is considered whether this final rule has unnecessary. B. Regulatory Flexibility Act any retroactive effect. We conclude that The vehicle lines listed as being The Regulatory Flexibility Act of 1980 it would not have such an effect. In exempt from the standard have (5 U.S.C. 601 et seq.) requires agencies accordance with § 33118 when the Theft previously been exempted in to evaluate the potential effects of their Prevention Standard is in effect, a State accordance with the procedures of 49 rules on small businesses, small or political subdivision of a State may CFR Part 543 and 49 U.S.C., 33106. organizations and small governmental not have a different motor vehicle theft Therefore, NHTSA finds for good jurisdictions. I have considered the prevention standard for a motor vehicle cause that notice and opportunity for effects of this rulemaking action under or major replacement part. 49 U.S.C. comment on these listings are the Regulatory Flexibility Act and 33117 provides that judicial review of unnecessary. Further, public comment certify that it would not have a this rule may be obtained pursuant to 49 on the listing of selections and significant economic impact on a U.S.C. 32909. Section 32909 does not exemptions is not contemplated by 49 substantial number of small entities. As require submission of a petition for U.S.C. Chapter 331. noted above, the effect of this final rule reconsideration or other administrative For the same reasons, since this is only to inform the public of agency’s proceedings before parties may file suit revised listing only informs the public previous actions. in court. of previous agency actions and does not impose additional obligations on any C. National Environmental Policy Act G. Paperwork Reduction Act party, NHTSA finds for good cause that NHTSA has analyzed this final rule The Department of Transportation has the amendment made by this notice for the purposes of the National not submitted an information collection should be effective as soon as it is Environmental Policy Act. The agency request to OMB for review and published in the Federal Register. has determined that implementation of clearance under the Paperwork Regulatory Impacts this action will not have any significant Reduction Act of 1995 (Pub. L. 104–13, impact on the quality of the human 44 U.S.C. Chapter 35). This rule does A. Executive Order 12866 and DOT environment. Accordingly, no not impose any new information Regulatory Policies and Procedures environmental assessment is required. collection requirements on Executive Order 12866, ‘‘Regulatory manufacturers. D. Executive Order 13132 (Federalism) Planning and Review’’ (58 FR 51735, List of Subjects in 49 CFR Part 541 October 4, 1993), provides for making The agency has analyzed this determinations whether a regulatory rulemaking in accordance with the Administrative practice and action is ‘‘significant’’ and therefore principles and criteria contained in procedure, Labeling, Motor vehicles, subject to Office of Management and Executive Order 13132 and has Reporting and recordkeeping Budget (OMB) review and to the determined that it does not have requirements. requirements of the Executive Order. sufficient federal implications to The Order defines a ‘‘significant warrant consultation with State and 1 See 61 FR 4729, February 7, 1996.
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I In consideration of the foregoing, 49 APPENDIX A–I TO PART 541—LINES APPENDIX A–I TO PART 541—LINES CFR part 541 is amended as follows: WITH ANTITHEFT DEVICES WHICH WITH ANTITHEFT DEVICES WHICH ARE EXEMPTED FROM THE PARTS— ARE EXEMPTED FROM THE PARTS— PART 541—[AMENDED] MARKING REQUIREMENTS OF THIS MARKING REQUIREMENTS OF THIS I 1. The authority citation for part 541 STANDARD PURSUANT TO 49 CFR STANDARD PURSUANT TO 49 CFR continues to read as follows: PART 543—Continued PART 543—Continued Authority: 49 U.S.C. 33101, 33102, 33103, 33105; delegation of authority at 49 CFR 1.50. Manufacturer Subject lines Manufacturer Subject lines
I 2. In Part 541, Appendix A–I is Oldsmobile Aurora. Sentra. revised. Appendix A–I is revised to read Pontiac Bonneville. Versa.2 as follows: Pontiac G6. 350Z. Pontiac Grand Am. Infiniti G35. APPENDIX A–I TO PART 541—LINES Pontiac Grand Prix. Infiniti I30. Pontiac Sunfire. WITH ANTITHEFT DEVICES WHICH Infiniti J30. Saturn Aura.2 Infiniti M30. ARE XEMPTED ROM THE ARTS E F P — Honda ...... Acura CL. Infiniti M45. MARKING REQUIREMENTS OF THIS Acura NSX. Infiniti QX4. STANDARD PURSUANT TO 49 CFR Acura RL. Infiniti Q45. Acura TL. PART 543 Porsche ...... 911. Hyundai ...... Azera. Boxster/Cayman. Isuzu ...... Axiom. Saab ...... 9–3. Manufacturer Subject lines Jaguar ...... XK. Subaru ...... Impreza.2 Mazda ...... 3. B9 Tribeca. BMW ...... MINI. 6. Suzuki ...... XL–7. X5. CX–7. Z4. 2 Toyota ...... Lexus GS. 2 CX–9. 1 Car Line. MX–5 Miata. Lexus LS. 3 Car Line. Millenia. Lexus SC. 5 Car Line. Mercedes-Benz ...... SL-Class (the models Volkswagen ...... Audi 5000S. 6 Car Line. within this line are): Audi A4. 7 Car Line. 300SL. Audi Allroad. 1 Chrysler ...... 300C. 500SL. A6. Jeep Grand Cher- 600SL. New Beetle.2 okee. SL500. Cabrio. Conquest. SL550. Golf/GTI. Town and Country SL600. Jetta. MPV. SL55. Passat. Dodge Charger. SL65. 1 Dodge Magnum.2 S-Class/CL-Class Formerly known as DaimlerChrysler. 3 2 Granted an exemption from the parts Ford Motor Co ...... Ford Five Hundred. (the models within Ford Focus. marking requirements beginning with MY this line are): 2008. Lincoln Town Car. S450. 3 Granted an exemption from the parts Mustang. S500. marking requirements beginning with MY Mercury Sable S550. 2007. (2001–2004). S600. Mercury Grand Mar- S55. Issued on: September 20, 2007. quis. S65. Stephen R. Kratzke, Taurus (2000–2004). CL500. Associate Administrator for Rulemaking. Taurus X.2 CL600. General Motors ...... Buick Lucerne. CL55. [FR Doc. E7–18971 Filed 9–25–07; 8:45 am] Buick LeSabre. CL65. BILLING CODE 4910–59–P Buick LaCrosse/Cen- C-Class/CLK-Class 2 tury. (the models within Buick Park Avenue. this line are): Buick Regal/Century. C240. DEPARTMENT OF THE INTERIOR Cadillac DTS/Deville. C300. Cadillac STS/Seville. C350. Fish and Wildlife Service Chevrolet Cavalier. CLK 350. Chevrolet Classic. CLK 550. 50 CFR Part 32 Chevrolet Cobalt. CLK 63AMG. Chevrolet Corvette. E-Class/CLS Class Hunting and Fishing Chevrolet Impala/ (the models within Monte Carlo. this line are): CFR Correction Chevrolet Lumina/ E320/E320DT CDi. Monte Carlo E350/E500/E55. In Title 50 of the Code of Federal (1996–1999). CLS500/CLS55. Regulations, Parts 18 to 199, revised as Chevrolet Malibu Mitsubishi ...... Eclipse.3 (2001–2003). Endeavor. of October 1, 2006, in §32.31, on page Chevrolet Malibu/ Galant. 247, under the heading ‘‘Minidoka Malibu Maxx. Diamante. National Wildlife Refuge,’’ paragraph D Chevrolet Uplander. Nissan ...... Altima. is revised to read as follows: Chevrolet Venture Maxima. (2002–2004). Pathfinder. § 32.31 Idaho. Oldsmobile Alero. Quest. * * * * *
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Minidoka National Wildlife Refuge • Mail to: P.O. Box 21668, Juneau, AK allowance specified for the trawl 99802; shallow-water species fishery in the * * * * * • D. Sport Fishing. We allow fishing on the Hand delivery to the Federal GOA will be reached after 48 hours. refuge in accordance with State regulations Building, 709 West 9th Street, Room Consequently, NMFS is prohibiting and subject to the following conditions: 420A, Juneau, Alaska; directed fishing for the shallow-water 1. We allow bank fishing year-round. We • FAX to 907–586–7557; species fishery by vessels using trawl only allow vehicle access (see § 27.31 of this • E-mail to [email protected] gear in the GOA, effective 1200 hrs, chapter) to shoreline fishing areas on and include in the subject line of the e- A.l.t., September 23, 2007. designated routes. mail the document identifier: The species and species groups that 2. We allow ice fishing in accordance with goaswx4s12b (E-mail comments, with or comprise the shallow-water species State regulations. We prohibit motor vehicles without attachments, are limited to 5 fishery are pollock, Pacific cod, shallow- (see § 27.31 of this chapter) on the ice. megabytes). 3. We restrict boat fishing to designated water flatfish, flathead sole, Atka areas as specified below: FOR FURTHER INFORMATION CONTACT: mackerel, skates and ‘‘other species.’’ i. On Lake Walcott, we allow boats from Jennifer Hogan, 907–586–7228. This inseason adjustment does not April 1 through September 30 within the area SUPPLEMENTARY INFORMATION: NMFS apply to fishing for pollock by vessels marked by buoys and posted signs. manages the groundfish fishery in the using pelagic trawl gear in those ii. On Gifford Springs, we allow boats portions of the GOA open to directed within the area marked by posted signs GOA exclusive economic zone according to the Fishery Management fishing for pollock. This inseason during the open sport fishing season. adjustment does not apply to vessels iii. On Smith Springs, we allow boats Plan for Groundfish of the Gulf of within the area marked by posted signs Alaska (FMP) prepared by the North fishing under a cooperative quota during the open sport fishing season. Pacific Fishery Management Council permit in the cooperative fishery in the 4. We allow use of float tubes at all times under authority of the Magnuson- Rockfish Pilot Program for the Central and locations except south of the southern Stevens Fishery Conservation and GOA. buoy line on Lake Walcott. Management Act. Regulations governing After the effective date of this closure [FR Doc. 07–55512 Filed 9–25–07; 8:45 am] fishing by U.S. vessels in accordance the maximum retainable amounts at BILLING CODE 1505–01–D with the FMP appear at subpart H of 50 § 679.20(e) and (f) apply at any time CFR part 600 and 50 CFR part 679. during a trip. The fourth seasonal apportionment of Classification DEPARTMENT OF COMMERCE the 2007 Pacific halibut bycatch allowance specified for the shallow- This action responds to the best National Oceanic and Atmospheric water species fishery in the GOA is 150 available information recently obtained Administration metric tons (mt) as established by the from the fishery. The Assistant 2007 and 2008 harvest specifications for Administrator for Fisheries, NOAA 50 CFR Part 679 groundfish of the GOA (72 FR 9676, (AA), finds good cause to waive the March 5, 2007 and revised by 72 FR requirement to provide prior notice and [Docket No. 070213032–7032–01] 13217m March 21, 2007), for the period opportunity for public comment RIN 0648–XC88 1200 hrs, A.l.t., September 1, 2007, pursuant to the authority set forth at 5 through 1200 hrs, A.l.t., October 1, U.S.C. 553(b)(B) as such requirement is Fisheries of the Economic Exclusive 2007. impracticable and contrary to the public Zone Off Alaska; Shallow-Water NMFS closed directed fishing for interest. This requirement is Species Fishery by Vessels Using species that comprise the shallow-water impracticable and contrary to the public Trawl Gear in the Gulf of Alaska species fishery by vessels using trawl interest as it would prevent NMFS from gear in the GOA under § 679.21(d)(7)(i) responding to the most recent fisheries AGENCY: National Marine Fisheries on September 1, 2007 (72 FR 49229, data in a timely fashion and would Service (NMFS), National Oceanic and August 28, 2007). NMFS reopened delay the opening of the shallow-water Atmospheric Administration (NOAA), directed fishing for species that species fishery by vessels using trawl Commerce. comprise the shallow-water species gear in the GOA. NMFS was unable to ACTION: Temporary rule; inseason fishery by vessels using trawl gear in the publish a notice providing time for adjustment; modification to a closure. GOA for 12 hours under § 679.25(a) on public comment because the most September 6, 2006 (72 FR 51717, recent, relevant data only became SUMMARY: NMFS is opening directed September 11, 2007) and on September available as of September 17, 2007. fishing for species that comprise the 11, 2006 (72 FR 52491, September 14, The AA also finds good cause to shallow-water species fishery by vessels 2007). waive the 30-day delay in the effective using trawl gear in the Gulf of Alaska As of September 17, 2007, NMFS has date of this action under 5 U.S.C. (GOA) for 48 hours, effective 1200 hrs, determined that 100 mt of the fourth 553(d)(3). This finding is based upon Alaska local time, September 21, 2007. seasonal apportionment of the 2007 the reasons provided above for waiver of DATES: Effective 1200 hrs, Alaska local Pacific halibut bycatch allowance for prior notice and opportunity for public time (A.l.t.), September 21, 2007, the fishery remains. Therefore, in comment. through 1200 hrs, A.l.t., September 23, accordance with §§ 679.25(a)(1)(i) and Without this inseason adjustment, 2007. Comments must be received at the 679.25(a)(2)(i)(C), NMFS is opening NMFS could not allow the fishery for following address no later than 4:30 directed fishing for the trawl shallow- the shallow-water species fishery in the p.m., A.l.t., October 9, 2007. water species fishery in the GOA, GOA to be harvested in an expedient ADDRESSES: Send comments to Sue effective 1200 hrs, A.l.t., September 21, manner and in accordance with the Salveson, Assistant Regional 2007. In accordance with regulatory schedule. Under Administrator, Sustainable Fisheries § 679.21(d)(7)(i), the Administrator, § 679.25(c)(2), interested persons are Division, Alaska Region, NMFS, Attn: Alaska Region, NMFS, has determined invited to submit written comments on Ellen Sebastian. Comments may be that the fourth seasonal apportionment this action to the above address until submitted by: of the 2007 Pacific halibut bycatch October 9, 2007.
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This action is required by § 679.21 SUPPLEMENTARY INFORMATION: NMFS 553(d)(3). This finding is based upon and § 679.25 and is exempt from review manages the groundfish fishery in the the reasons provided above for waiver of under Executive Order 12866. GOA exclusive economic zone prior notice and opportunity for public Authority: 16 U.S.C. 1801 et seq. according to the Fishery Management comment. Plan for Groundfish of the Gulf of Without this inseason adjustment, Dated: September 20, 2007. Alaska (FMP) prepared by the North NMFS could not allow the pollock in Alan D. Risenhoover Pacific Fishery Management Council Statistical Area 630 of the GOA to be Director, Office of Sustainable Fisheries, under authority of the Magnuson- harvested in an expedient manner and National Marine Fisheries Service. Stevens Fishery Conservation and in accordance with the regulatory [FR Doc. 07–4728 Filed 9–21–07; 1:52 pm] Management Act. Regulations governing schedule. Under § 679.25(c)(2), BILLING CODE 3510–22–S fishing by U.S. vessels in accordance interested persons are invited to submit with the FMP appear at subpart H of 50 written comments on this action to the CFR part 600 and 50 CFR part 679. above address until October 9, 2007. DEPARTMENT OF COMMERCE NMFS prohibited directed fishing for This action is required by § 679.20 pollock in Statistical Area 630 of the and § 679.25 and is exempt from review National Oceanic and Atmospheric GOA under § 679.20(d)(1)(iii) on August under Executive Order 12866. Administration 28, 2007 (72 FR 48946, August 27, 2007). NMFS reopened the directed Authority: 16 U.S.C. 1801 et seq. 50 CFR Part 679 fishery for pollock under Dated: September 20, 2007. § 679.20(d)(1)(iii) for 72 hours on Alan D. Risenhoover [Docket No. 070213032–7032–01] September 15, 2007. The fishery closed Director, Office of Sustainable Fisheries, RIN 0648–XC89 again on September 18, 2007 (72 FR National Marine Fisheries Service. 53169, September 18, 2007). [FR Doc. 07–4729 Filed 9–21–07; 1:52 pm] Fisheries of the Exclusive Economic NMFS has determined that BILLING CODE 3510–22–S Zone Off Alaska; Pollock in Statistical approximately 2,750 mt of pollock Area 630 of the Gulf of Alaska remain in the directed fishing allowance. Therefore, in accordance DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries with § 679.25(a)(1)(i), (a)(2)(i)(C) and Service (NMFS), National Oceanic and (a)(2)(iii)(D), and to fully utilize the C National Oceanic and Atmospheric Atmospheric Administration (NOAA), season allowance of pollock in Administration Commerce. Statistical Area 630, NMFS is ACTION: Temporary rule; modification of terminating the previous closure and is 50 CFR Part 679 a closure. reopening directed fishing for pollock in Statistical Area 630 of the GOA. In [Docket No. 070213032–7032–01] SUMMARY: NMFS is opening directed accordance with § 679.20(d)(1)(iii), the fishing for pollock in Statistical Area Regional Administrator finds that this RIN 0648–XC90 630 of the Gulf of Alaska (GOA). This directed fishing allowance will be action is necessary to fully use the C reached after 48 hours. Consequently, Fisheries of the Exclusive Economic season allowance of the 2007 total NMFS is prohibiting directed fishing for Zone Off Alaska; Pollock in Statistical allowable catch (TAC) of pollock pollock in Statistical Area 630 of the Area 620 in the Gulf of Alaska specified for Statistical Area 630 of the GOA, effective 1200 hrs, A.l.t., AGENCY: National Marine Fisheries GOA. September 23, 2007. Service (NMFS), National Oceanic and DATES: Effective 1200 hrs, Alaska local Classification Atmospheric Administration (NOAA), time (A.l.t.), September 21, 2007, Commerce. through 1200 hrs, A.l.t., September 23, This action responds to the best ACTION: Temporary rule; modification of 2007. Comments must be received at the available information recently obtained a closure. following address no later than 4:30 from the fishery. The Assistant Administrator for Fisheries, NOAA p.m., A.l.t., October 9, 2007. SUMMARY: NMFS is opening directed (AA), finds good cause to waive the ADDRESSES: Send comments to Sue fishing for pollock in Statistical Area requirement to provide prior notice and Salveson, Assistant Regional 620 in the Gulf of Alaska (GOA). This opportunity for public comment Administrator, Sustainable Fisheries action is necessary to fully use the C pursuant to the authority set forth at 5 Division, Alaska Region, NMFS, Attn: season allowance of the 2007 total U.S.C. 553(b)(B) as such requirement is Ellen Sebastian. Comments may be allowable catch (TAC) of pollock in impracticable and contrary to the public submitted by: Statistical Area 620 in the GOA. interest. This requirement is • Mail to: P.O. Box 21668, Juneau, AK impracticable and contrary to the public DATES: Effective 1200 hrs, Alaska local 99802; interest as it would prevent NMFS from time (A.l.t.), September 21, 2007, • Hand delivery to the Federal responding to the most recent fisheries through 1200 hrs, A.l.t., October 1, Building, 709 West 9th Street, Room data in a timely fashion and would 2007. Comments must be received at the 420A, Juneau, Alaska; delay the opening of pollock in following address no later than 4:30 • FAX to 907–586–7557; Statistical Area 630 of the GOA. NMFS p.m., A.l.t., October 9, 2007. • E-mail to [email protected] was unable to publish a notice ADDRESSES: Send comments to Sue and include in the subject line and body providing time for public comment Salveson, Assistant Regional of the e-mail the document identifier: because the most recent, relevant data Administrator, Sustainable Fisheries g63plkro4 (E-mail comments, with or only became available as of September Division, Alaska Region, NMFS, Attn: without attachments, are limited to 5 18, 2007. Ellen Sebastian. Comments may be megabytes). The AA also finds good cause to submitted by: FOR FURTHER INFORMATION CONTACT: waive the 30-day delay in the effective • Mail to: P.O. Box 21668, Juneau, AK Jennifer Hogan, 907–586–7228. date of this action under 5 U.S.C. 99802;
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• Hand delivery to the Federal mt remain in the C season allowance of providing time for public comment Building, 709 West 9th Street, Room the 2007 pollock directed fishing because the most recent, relevant data 420A, Juneau, Alaska; allowance in Statistical Area 620 in the only became available as of September • FAX to 907–586–7557; GOA. Therefore, in accordance with 19, 2007. • E-mail to [email protected] §§ 679.25(a)(1)(i), (a)(2)(i)(C) and The AA also finds good cause to and include in the subject line of the e- (a)(2)(iii)(D), and to fully utilize the C waive the 30-day delay in the effective mail the document identifier: season allowance of the 2007 TAC of date of this action under 5 U.S.C. g62plkro2.fo.wpd (E-mail comments, pollock in Statistical Area 620 in the 553(d)(3). This finding is based upon with or without attachments, are limited GOA, NMFS is terminating the previous the reasons provided above for waiver of to 5 megabytes). closure and is reopening directed prior notice and opportunity for public FOR FURTHER INFORMATION CONTACT: fishing for pollock in Statistical Area comment. Jennifer Hogan, 907–586–7228. 620 in the GOA. Without this inseason adjustment, SUPPLEMENTARY INFORMATION: NMFS Classification NMFS could not allow the fishery for manages the groundfish fishery in the pollock in Statistical Area 620 in the GOA exclusive economic zone This action responds to the best GOA to be harvested in an expedient according to the Fishery Management available information recently obtained manner and in accordance with the Plan for Groundfish of the Gulf of from the fishery. The Assistant regulatory schedule. Under Alaska (FMP) prepared by the North Administrator for Fisheries, NOAA § 679.25(c)(2), interested persons are Pacific Fishery Management Council (AA), finds good cause to waive the invited to submit written comments on under authority of the Magnuson- requirement to provide prior notice and this action to the above address until Stevens Fishery Conservation and opportunity for public comment October 9, 2007. Management Act. Regulations governing pursuant to the authority set forth at 5 This action is required by § 679.25 fishing by U.S. vessels in accordance U.S.C. 553(b)(B) as such requirement is and § 679.20 and is exempt from review with the FMP appear at subpart H of 50 impracticable and contrary to the public under Executive Order 12866. CFR part 600 and 50 CFR part 679. interest. This requirement is Authority: 16 U.S.C. 1801 et seq. NMFS prohibited directed fishing for impracticable and contrary to the public pollock in Statistical Area 620 in the interest as it would prevent NMFS from Dated: September 20, 2007. GOA under § 679.20(d)(1)(iii) on responding to the most recent fisheries Alan D. Risenhoover September 10, 2007 (72 FR 52299, data in a timely fashion and would Director, Office of Sustainable Fisheries, September 13, 2007). delay the opening of pollock in National Marine Fisheries Service. NMFS has determined that as of Statistical Area 620 in the GOA. NMFS [FR Doc. 07–4730 Filed 9–21–07; 1:52 pm] September 19, 2007 approximately 660 was unable to publish a notice BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 72, No. 186
Wednesday, September 26, 2007
This section of the FEDERAL REGISTER the Main IRS Auditorium at the Internal provides two related, but independent contains notices to the public of the proposed Revenue Building, 1111 Constitution types of restrictions to determine issuance of rules and regulations. The Avenue, NW., Washington, DC. whether a bond is an arbitrage bond: A purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: yield restriction requirement and an persons an opportunity to participate in the arbitrage rebate requirement. Generally, rule making prior to the adoption of the final Concerning the proposed regulations, rules. Carla Young, (202) 622–3980; these restrictions limit the ability of an concerning submissions of comments issuer to invest bond proceeds in and the hearing, investments at a yield that materially DEPARTMENT OF THE TREASURY [email protected], exceeds the yield on the bond issue and or (202) 622–7180 (not toll-free require that certain excess earnings Internal Revenue Service numbers). above the yield on the bond issue be rebated to the Federal government. SUPPLEMENTARY INFORMATION: 26 CFR Part 1 Investment earnings that exceed the Background yield on the bond issue are commonly [REG–106143–07] This document contains proposed referred to as arbitrage. RIN 1545–BG41 amendments to the Income Tax Under section 148(a) of the Code, the Regulations (26 CFR part 1) on the yield restriction requirement generally Arbitrage Guidance for Tax-Exempt provides that a bond is an arbitrage Bonds arbitrage investment restrictions under section 148 of the Internal Revenue bond if an issuer reasonably expects to AGENCY: Internal Revenue Service (IRS), Code (Code). On June 18, 1993, the earn arbitrage or if the issuer, Treasury. Treasury Department and the Internal subsequent to the issuance of the bonds, engages in a deliberate action to earn ACTION: Notice of Proposed Rulemaking Revenue Service (IRS) published arbitrage on bond proceeds. Exceptions and Notice of Public Hearing. comprehensive final regulations in the Federal Register (TD 8476, 58 FR to the yield restriction requirement SUMMARY: This document contains 33510) on the arbitrage investment permit an issuer to earn arbitrage in proposed regulations on the arbitrage restrictions and related provisions on limited circumstances, such as during restrictions under section 148 of the tax-exempt bonds under sections 103, limited temporary periods for prompt Internal Revenue Code applicable to tax- 148, 149, and section 150 of the Code, spending of bond proceeds and other exempt bonds issued by State and local and, since that time, those final similar temporary periods. governments. These proposed regulations have been amended in Under section 148(f) of the Code, the regulations are being issued in order to certain limited respects (the regulations arbitrage rebate requirement provides update existing regulations to address issued in 1993 and the amendments that a bond is an arbitrage bond if the certain current market developments, to thereto are collectively referred to as the issuer fails to timely rebate to the simplify and correct certain provisions, Existing Regulations). The Treasury United States arbitrage otherwise and to make existing regulations more Department and the IRS have since permitted to be earned on certain administrable. These proposed determined that certain provisions in investments acquired with bond regulations affect State and local the Existing Regulations need to be proceeds. Generally, arbitrage rebate is governmental issuers of tax-exempt modified. This document contains paid every 5 years and upon the bonds. This document also provides proposed discrete amendments to the redemption of the bond issue. The Existing Regulations provide notice of a public hearing on these Existing Regulations (the Proposed detailed rules for applying the two types proposed regulations. Regulations) to update the Existing of arbitrage restrictions, including rules DATES: Written or electronic comments Regulations to address certain current for determining yield on the bond issue must be received by December 26, 2007. market developments, to simplify and yield on the investments, and rules Outlines of topics to be discussed at the certain provisions in the Existing for computing and paying arbitrage public hearing scheduled for January 30, Regulations, to correct certain technical rebate. The Treasury Department and 2008, at 10 a.m., must be received by issues in the Existing Regulations, and the IRS believe that discrete changes January 2, 2008. to make the Existing Regulations more need to be made to the Existing ADDRESSES: Send submissions to: administrable. Regulations to simplify and clarify In addition, the Treasury Department CC:PA:LPD:PR (REG–106143–07), certain provisions, to make certain and the IRS are in the process of Internal Revenue Service, PO Box 7604, provisions more administrable, and to reviewing the Existing Regulations for Ben Franklin Station, Washington, DC update the regulations to reflect current 20044. Submissions may be hand future regulatory guidance on additional market practices. delivered to: CC:PA:LPD:PR Monday discrete issues for the same purposes. II. Proposed Regulations through Friday between the hours of 8 Explanation of Provisions a.m. and 4 p.m. to CC:PA:LPD:PR (REG– The Proposed Regulations make a 106143–07), Courier’s Desk, Internal I. Existing Regulations number of discrete changes to the Revenue Service, 1111 Constitution Section 103(a) of the Code generally Existing Regulations. Highlighted in this Avenue, NW., Washington, DC, or sent excludes from gross income interest on preamble are certain more substantive electronically via the Federal a State or local bond. Under section changes which are discussed in further eRulemaking Portal at 103(b), however, the interest exclusion detail. In addition, certain more minor www.regulations.gov (IRS REG–106143– does not apply to an arbitrage bond, as changes are addressed in summary 07). The public hearing will be held in defined in section 148. Section 148 form.
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(1) Hedges based on taxable interest variable rate and enters into a hedge interest rate risks. For example, an rates. The Proposed Regulations make under which the issuer receives floating issuer that issues variable-rate bonds revisions to accommodate certain interest rate payments from the hedge may hedge or protect itself against hedges in which floating payments provider and pays fixed interest unfavorable interest rate changes in the under the hedge are based on a taxable payments to the hedge provider (a market by entering into a variable-to- interest rate and to clarify that bonds variable-to-fixed hedge), the variable fixed interest rate swap. Historically, covered by such a hedge are ineligible rate that the issuer pays to the issuers of tax-exempt bonds generally for treatment as fixed yield bonds under bondholders, the floating rate that the used a type of swap under which the the special hedging rule in § 1.148– issuer receives on the hedge, and the hedge provider paid a floating interest 4(h)(4). fixed payments that the issuer pays on rate that was determined based on a (2) Joint Bond Yield Authority. The the hedge are all taken into account on market index of tax-exempt interest Proposed Regulations remove the a net basis in determining the yield on rates, such as the Securities Industry provision in the Existing Regulations the bond issue. In the case of simple and Financial Markets Association that permits the IRS Commissioner to integration, the hedged bonds are (SIFMA) Municipal Swap Index. authorize a single yield computation on treated as variable yield bonds, which A significant development in the tax- multiple bond issues. means that the yield on the bond issue exempt bond market since the (3) Electronic GIC Bidding. The is periodically recomputed and the promulgation of the Existing Proposed Regulations revise the bidding rebate the issuer must pay to the United Regulations has been the trend toward safe harbor for establishing the fair States is based on the issuer’s actual net the use by issuers of variable-to-fixed market value of guaranteed investment payments and receipts on the bond and interest rate swaps as hedges in which contracts (GICs) to accommodate the hedge. Thus, for example, any ‘‘basis the floating interest rate that the swap electronic bidding. risk’’ difference between the actual provider pays to the issuer is (4) Refunds of Overpayments of interest rate that the issuer pays on its determined based on a percentage of a Rebate. The Proposed Regulations variable-yield hedged bond and the market index of taxable interest rates, clarify that the amount that an issuer is actual interest rate it receives on the such as the London Interbank Offered entitled to receive under a rebate refund floating interest rate on the hedge (along Rate (LIBOR) (a taxable-index hedge). claim is the excess of the total amount with the fixed payments on the hedge) Issuers have indicated that these actually paid over the rebate amount. is taken into account in determining the taxable-index hedges offer more A. Changes To Accommodate Certain yield on the hedged bonds. liquidity, more transparency in pricing, Hedges In the case of super integration where and lower costs than hedges based on a the payments on the hedge and the tax-exempt interest index. Section 1.148–4 of the Existing hedged bonds sufficiently correspond so Issuers have raised interpretative Regulations sets forth rules for that the yield on the hedged bonds is questions about how to apply the determining the yield on an issue of fixed and determinable with certain qualified hedge provisions of the bonds for purposes of applying the assumptions, the hedged bonds are Existing Regulations to taxable-index arbitrage rules. In general, § 1.148–4(h) treated as fixed-yield bonds for arbitrage hedges because interest rates on taxable of the Existing Regulations permits purposes. In the case of super indices generally do not correspond as issuers to compute the yield on an issue integration, any basis risk difference closely as interest rates on tax-exempt by taking into account payments under between the floating-rate interest market indices to actual market interest ‘‘qualified hedges.’’ The Existing payments on the hedge and the variable- rates on tax-exempt, variable-rate bonds. Regulations provide two ways in which rate interest payments on the hedged These interpretative questions are a qualified hedge can be taken into bonds is ignored in determining the particularly important for taxable-index account in computing yield on the yield on the hedged bonds for arbitrage hedges used with advance refunding issue, known commonly as ‘‘simple purposes through an assumption that bond issues because issuers generally integration’’ and ‘‘super integration.’’ treats those floating and variable rates as need to use the qualified hedge rules or For both simple integration and super the same. some other regime to determine with integration, a hedge must be a ‘‘qualified One of the eligibility requirements for certainty the yield on the tax-exempt hedge,’’ which is a hedge that meets a a qualified hedge under the Existing advance refunding bonds in order to series of eligibility requirements. Regulations is that it be interest based. comply with the applicable arbitrage Generally, in order to be a qualified For simple integration, one of the yield restrictions on investments in hedge, a hedge must be interest based, subsidiary aspects used in determining defeasance escrows. the terms of the hedge must correspond whether a variable-to-fixed interest rate The IRS and the Treasury Department closely with the terms of the hedged hedge is interest based focuses on have determined that taxable-index bonds, the issuer must duly identify the whether the variable interest rate on the hedges based on widely-used taxable hedge, and the hedge must contain no hedged bonds and the floating interest indices, such as LIBOR based hedges, significant investment element. For rate on the hedge are ‘‘substantially the sufficiently improve the efficiency of super integration, the hedge must meet same.’’ For super integration purposes, the tax-exempt bond market to warrant additional eligibility requirements such rates must be ‘‘reasonably expected accommodation. The Proposed which focus on assuring that the terms to be substantially the same throughout Regulations accommodate these hedges of the hedge and the hedge bonds the term of the hedge.’’ This aspect of by modifying (1) the provisions for sufficiently correspond so as to warrant the interest-based contract standard has ‘‘yield reduction payments,’’ which treating the hedged bonds as fixed-yield raised technical issues in recent years in permit an issuer to reduce yield on an bonds for arbitrage purposes. connection with its application to investment by making payments to the In the case of simple integration, certain kinds of hedges, as discussed Federal government in certain permitted generally all net payments on the hedge further in this preamble. circumstances to comply with yield and the hedged bonds are taken into In general, hedging plays an restriction rules and (2) the qualified account in determining the yield on the increasingly important role in the tax- hedge provisions. The Proposed bond issue. For example, if an issuer exempt bond market. An issuer of bonds Regulations make clear, however, that issues bonds paying interest at a may use hedges to protect itself against while taxable-index hedges can be
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qualified hedges, and therefore eligible by the issuer on the hedged bonds and restrictions to two or more issues of for simple integration, they are not to be received by the issuer on the hedge these types of tax-exempt bonds. eligible for super integration because are equal and paid on the same date. In Since the promulgation of the Existing there is an insufficient correlation effect, the Proposed Regulations allow Regulations, the IRS has received between tax-exempt bond interest rates yield reduction payments in this context numerous private letter ruling requests and taxable market interest rate indices. only to be made to cover the basis risk for joint bond yield computations and However, the IRS and the Treasury differences between the hedge and the has ruled on one of these requests. The Department understand that issuers hedged bonds. Treasury Department and the IRS, based have recently issued variable-rate bonds The Proposed Regulations also modify on what the IRS has learned from these that bear interest equal to a percentage the qualified hedge provisions to ruling requests, are concerned about the of LIBOR, and seek public comments on provide that the floating rate on the highly factual nature of the requests, whether special accommodation under taxable-index hedge and the variable and the potential for arbitrage the super integration rule is required for rate on the hedged bonds will be treated manipulations with joint yield those bond issues. as substantially the same for purposes of computations that would not be Yield reduction payments effectively § 1.148–4(h)(2)(v)(B) if: (1) The apparent from a private letter ruling integrate the yield restriction difference between the two rates is not request and that could not reasonably be requirements with the arbitrage rebate greater than one-quarter of one percent discovered in the context of such a requirements. For certain limited (.25 percent, or 25 basis points) on the request. For these reasons, the Proposed situations, § 1.148–5(c) of the Existing date the issuer enters into the hedge, Regulations eliminate the regulatory Regulations permits yield reduction and (2) for a three-year period that ends provision that permits joint yield payments to be paid to the United States on the date the issuer enters into the computations. However, the Treasury to satisfy yield restriction requirements hedge, the average difference between Department and the IRS are considering on certain investments. Yield reduction the issuer’s actual tax-exempt interest whether generally applicable, objective payments are similar to, but not rate on comparable variable-rate bonds standards can be created under which identical to, rebate payments. In general, (or, if no such comparable bonds exist, joint yield computations should be the purpose of the yield reduction a reasonable tax-exempt interest rate allowed. Accordingly, the Proposed payment rules is to simplify compliance index, such as the SIFMA Municipal Regulations solicit public comments on with the sometimes overlapping yield Swap Index, for that same period) and when joint yield computations are restriction and arbitrage rebate an interest rate determined in the same needed for sound business reasons and requirements by allowing issuers to manner as the floating interest rate on whether objective standards can be make payments similar to rebate the hedge does not exceed one-quarter created that would allow these payments to the United States to satisfy of one percent (.25 percent, or 25 basis computations in a manner that is yield restriction and rebate in points). For example, if the floating rate consistent with the purposes of section appropriate circumstances. For on the hedge is 67 percent of LIBOR, 148. In addition, comments are sought example, an issuer may effectively then 67 percent of LIBOR, determined on the following: The treatment of open- reduce the yield on an investment to a on the same days as the issuer’s actual ended joint yield calculations that allow yield that will not violate the yield interest rates (or tax-exempt index, if future issues to be included in the joint restriction rules and also satisfy the applicable) are determined, is compared yield computation, the treatment of arbitrage rebate requirement through a to the issuer’s actual interest rates (or qualified hedges or guarantees that yield reduction payment. the tax-exempt index, if applicable) for cover some but not all of the bonds, the The Proposed Regulations modify the the three-year period ending on the date treatment of reserves, the application of yield reduction payment rules to permit the hedge is entered into and the prepayment assumptions, the effect of issuers to make yield reduction differences are averaged to determine partial refundings, and other issues that payments on certain variable-yield whether the average difference exceeds impact the administrability of joint advance refunding issues in which the one-quarter of one percent. For this yield calculations. Pending final issuer has entered into a qualified hedge purpose, a reasonable sample may be resolution of this issue, the IRS will not in the form of a variable-to-fixed interest used if the sample for the issuer’s actual entertain any private letter ruling rate swap to hedge its interest rate risk. rates (or tax-exempt market index rates, requests for permission to use a joint This modification to the yield reduction if applicable) and the sample of floating yield computation. rule applies for nonpurpose investments rates used for the hedge are determined allocable to gross proceeds of an C. Modified Fair Market Value Safe as of the same dates. Harbor for Guaranteed Investment advance refunding issue deposited into The Proposed Regulations also make Contracts an advance refunding escrow when: (1) certain other limited changes to the The issuer has entered into a qualified hedging and yield reduction rules Under § 1.148–5(d)(3) of the Existing hedge in the form of a variable-to-fixed which are discussed with other Regulations, investments purchased interest rate swap on all of its variable- miscellaneous changes in this preamble. with bond proceeds must be valued at rate bonds that are allocable to the yield fair market value. Section 1.148– restricted defeasance escrow, (2) the B. Joint Yield Authority 5(d)(6)(iii) of the Existing Regulations hedge covers a period from the issue In general, for arbitrage purposes, the provides a safe harbor for establishing date of the bonds until the final yield on a bond issue is determined on the fair market value of a guaranteed payment is made from the defeasance an issue-by-issue basis. Section 1.148– investment contract (GIC) for arbitrage escrow, and (3) the yield on the advance 4(a) of the Existing Regulations, purposes. That safe harbor generally refunding escrow is not reasonably however, authorizes the IRS relies on a prescribed bidding procedure expected to exceed the yield on the Commissioner to permit issuers of and the receipt of at least three bids issue, determined by taking into account certain types of tax-exempt bonds, from independent parties. The bidding the fixed payments that the issuer is specifically qualified mortgage bonds process requirements under the safe expected to make under the hedge and and qualified student loan bonds, to harbor include a requirement that all by assuming that the corresponding compute a single joint bond yield for bidders be given an equal opportunity to variable interest payments to be made purposes of applying the arbitrage bid with no opportunity to review other
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bids (that is, the ‘‘no last look’’ rule) and recent computation date and all any doubt that these hedges can be a requirement that the bid specifications amounts that are otherwise required to qualified hedges. be provided to prospective bidders ‘‘in be paid under section 148 as of the date b. Size and Scope of a Qualified writing.’’ the recovery is requested. Thus, even if Hedge. The Proposed Regulations add In the past several years, the tax- the future value of the issuer’s arbitrage an express requirement under § 1.148– exempt bond market has seen the rebate payment on a computation date, 4(h)(2)(v) that limits the size and scope advent of various electronic bidding computed under the method for of a qualified hedge to a level that is procedures and internet platforms for determining arbitrage rebate, is greater reasonably necessary to hedge the bidding GICs. While the particular than the issuer’s rebate amount on that issuer’s risk with respect to interest rate features of specific GIC bidding date, an issuer is only entitled to a changes on the hedged bonds. This procedures may vary, characteristics of refund to the extent that the amount proposed limitation is comparable to a these electronic GIC bidding procedures actually paid exceeds that rebate former provision that was in the generally include using the internet to amount. The Existing Regulations limit arbitrage regulations from 1993 to 1997, receive bid specifications and to make the amount of the refund in this manner but was removed in connection with bids. The electronic bidding process because the Treasury Department and 1997 amendments to the Existing permits providers, under prescribed the IRS were concerned about whether Regulations. The Treasury Department times and procedures, to continuously the IRS had statutory authority to pay and the IRS believe that this principle bid and to continuously view the interest on arbitrage rebate payments. was implicitly carried forward in the current highest bids (without To permit a refund in an amount subsidiary standards under the interest- identification of the bidders). The calculated in whole or in part based based contract requirement in the electronic platforms also provide the upon a future value of the amount Existing Regulations in 1997. The capability to print out the results of the actually paid would effectively result in Proposed Regulations, however, provide GIC bidding process. The electronic GIC an interest payment on that payment. an explicit separate requirement to bidding procedures have raised certain Example 2(iii)(D) in § 1.148–3(j) of the clarify the continued application of this technical issues regarding whether they Existing Regulations has caused principle. can comply with the fair market value confusion because it could be c. Correspondence of Payments for safe harbor for GICs under the Existing interpreted to mean that an issuer can Simple Integration. Commentators have Regulations. receive a refund of a rebate payment requested guidance on what time period The Treasury Department and the IRS when the future value of such rebate believe that electronic GIC bidding satisfies the rule under § 1.148– payment exceeds the rebate amount on 4(h)(2)(vi) that requires payments on a procedures generally offer the the next computation date, even though constructive potential for increasing the hedge to correspond closely in time to the actual amount of the previous rebate the payments on the hedged bonds. The transparency of pricing of investments payment does not exceed the rebate purchased with proceeds of tax-exempt Proposed Regulations add a rule for amount on that next computation date. simple integration that treats payments bonds. Accordingly, the Proposed The Proposed Regulations make a Regulations amend the fair market value as corresponding closely in time for this technical amendment to this example to purpose if the payments are made safe harbor for GICs to accommodate conform this example to the intended electronic bidding procedures by (1) within 60 calendar days of each other. purpose of § 1.148–3(i)(1). Because the This proposed rule contrasts with the permitting bid specifications to be sent proposed change does not change the electronically over the Internet or by fax rules for super integration, which regulatory rule, but merely makes an and (2) amending the no last look rule require that payments be made within existing example conform to that rule, to provide that there is not a prohibited 15 days of each other. The Proposed the Proposed Regulations provide that last look if all bidders have an equal Regulations provide a more flexible time the effective date for this provision is opportunity for a last look. period for correspondence of payments the same as the effective date for the for simple integration purposes D. Recovery of Overpayment of Rebate regulatory rule. However, the IRS will consistent with the fact that simple Generally, an issuer computes the not reopen rebate refund claims that integration results in more accurate amount of arbitrage rebate that it owes have been processed before the date the accounting for all net payments. under a method that future values Proposed Regulations are published in d. Time for Identification of Qualified payments and receipts on investments the Federal Register. Hedges. Commentators have indicated using the yield on the bond issue. Under E. Other Miscellaneous Changes that the three-day period for identifying this method, an arbitrage payment made a hedge under § 1.148–4(h)(2)(viii) of on one computation date is future 1. Qualified Hedge Provisions the Existing Regulations raises practical valued to the next computation date to The Proposed Regulations make the difficulties, particularly with respect to determine the amount of arbitrage rebate following additional changes to the hedges that are not entered into owed on that subsequent computation hedging rules in § 1.148–4(h) and contemporaneously with the issuance of date. Section 1.148–3(i)(1) of the specifically seek the following the hedged bonds. The Proposed Existing Regulations provides that an comments on the hedging rules. Regulations extend the time in § 1.148– issuer may recover an overpayment of a. Cost of Funds Hedges. The 4(h)(2)(viii) for when an issuer must arbitrage rebate with respect to an issue Proposed Regulations clarify that for identify a qualified hedge from three of tax-exempt bonds if the issuer purposes of applying the definition of days to fifteen days and clarify that establishes to the satisfaction of the IRS periodic payment under § 1.446–3(e)(1) these are calendar days. The Proposed Commissioner that an overpayment to determine whether a hedge has a Regulations, however, retain the occurred. Section 1.148–3(i)(1) further significant investment element under requirement that the actual State or defines an overpayment as the excess of § 1.148–4(h)(2)(ii)(A), a ‘‘specified local governmental issuer, rather than ‘‘the amount paid’’ (emphasis added) to index’’ under § 1.446–3(c)(2) (upon the conduit borrower, identify the hedge the United States for an issue under which periodic payments are based) is because the Treasury Department and section 148 over the sum of the rebate deemed to include payments under a the IRS believe that it is important for amount for that issue as of the most cost-of-funds swap, thereby eliminating State and local governments to be
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responsible for qualified hedges on their to be called before maturity and before 6. Pooled Bonds bonds. amortization of the premium. The Proposed Regulations make e. Termination of Hedges at Fair Section 1.148–4(b)(3)(i) of the Existing conforming changes to § 1.148–8(d) to Market Value. The Proposed Regulations treats a yield-to-call bond as reflect legislative changes made to Regulations clarify that under § 1.148– redeemed at the stated redemption price section 148(f)(4)(D) by section 508 of the 4(h)(3)(iv)(B), the termination payment on the optional redemption date that Tax Increase Prevention and for a termination or a deemed would produce the lowest yield on the Reconciliation Act of 2005, Pub. L. No. termination is equal to the fair market issue (as contrasted with the lowest 109–222, 120 Stat. 345 (TIPRA). Under value of the hedge on the termination yield on the particular premium bond). TIPRA, Congress eliminated the rule in date. This methodology, which considers the § 148(f)(4)(D)(ii)(II) that permitted a pool f. Solicitation of Comment on lowest yield on the issue for these yield- bond issuer to ignore its pool bond issue Offsetting Hedges. The Treasury to-call bonds, requires computations of in computing whether it had exceeded Department and the IRS have received possible combinations of redemption its $5 million limit for purposes of the requests for clarification of the scope of dates in circumstances in which the small issuer rebate exception of section the rule that treats offsetting hedges as variations of redemption dates may have 148(f)(4)(D). Correspondingly, the deemed terminations of qualified very limited impact on yield. Proposed Regulations eliminate the hedges under § 1.148–4(h)(3)(iv)(A). The The Proposed Regulations simplify provisions in the Existing Regulations Treasury Department and the IRS seek the yield calculations for these yield-to- that permit a pool bond issuer to ignore express public comment regarding the call bonds to focus on the redemption the amount of its pool bond issue in types of offsetting hedges that are date that results in the lowest yield on determining whether the issuer meets necessary for valid business purposes the particular premium bond (rather the small issuer exception of section and recommendations on how to clarify than the more complex existing focus on 148(f)(4)(D). The Proposed Regulations the scope of this rule on offsetting the lowest yield on the issue). This retain the provision that permits a State hedges. change corresponds to a former version or local governmental conduit borrower of this regulatory rule which was in 2. Yield Reduction Payment Rules to ignore the amount of certain pool effect under applicable arbitrage bond issues in excess of the amount it The Proposed Regulations permit regulations from 1989 through 1992. borrows from that pool. Consistent with issuers to make yield reduction the statutory change, the Proposed payments for nonpurpose investments 4. Arbitrage Rebate Computation Credit Regulations provide that the change for allocable to proceeds of an issue, Section 1.148–3(d)(1)(iv) of the pool bond issuers is effective for bonds including an advance refunding issue, Existing Regulations provides that an issued after May 17, 2006, the effective that an issuer purchases on a date when issuer may take certain credits against date of the relevant provision of TIPRA. the issuer is unable to purchase State payment of arbitrage rebate in the and Local Government Series Securities amount of $1,000 for each rebate III. Effective Dates (SLGS) because the Department of computation date, subject to certain Treasury, Bureau of Public Debt, has limitations, to help offset the cost of The Proposed Regulations are suspended sales of SLGS. This computing rebate. The Proposed proposed to apply to bonds sold on or provision incorporates and expands Regulations increase this rebate credit to after a date that is 90 days after Revenue Procedure 95–47, 1995–2 CB $1,400 for any bond year ending in the publication of final regulations in the 417, which permits yield reduction year 2007 to reflect the change in the Federal Register, but an issuer may payments in more limited situations Consumer Price Index since the $1,000 apply certain specified provisions of the than the Proposed Regulations when rebate credit was published. The Proposed Regulations to bonds sold SLGS are unavailable. Proposed Regulations further adjust the before the date that is 90 days after publication of the final regulations in The Proposed Regulations also computation date credit for inflation for the Federal Register as provided in reorganize the yield reduction rules to bond years ending in each year proposed § 1.148–11(k). Except for the make them easier to read. thereafter. changes to the qualified hedging rules 3. Modification of Yield Computation 5. External Commingled Investment which must be applied in their entirety, for Yield-to-Call Premium Bonds Funds issuers that are permitted, but not The Proposed Regulations simplify The Existing Regulations provide required, to apply the proposed changes the rules for computing yield on an certain preferential rules for the may apply some or all of the changes to issue that has certain callable premium treatment of administrative costs to a bond issue. bonds. Existing Regulations generally certain widely-held ‘‘external The Proposed Regulations contain a provide that the yield on an issue is commingled funds,’’ as defined in technical amendment to the example in based on the yield to maturity, taking § 1.148–5(e)(2)(ii)(B). Under the Existing the general arbitrage rebate rules. This into account certain assumptions. The Regulations, a fund is treated as widely change applies to bonds subject to Existing Regulations have a special rule held if the fund, on average, has more § 1.148–3(i), the dates of applicability for certain callable bonds issued with than 15 unrelated investors, each of for which are set forth in the Existing significant amounts of bond premium which maintains prescribed minimum Regulations. (sometimes called yield-to-call bonds), average investments in the fund. The The Proposed Regulations contain a which requires a determination of yield Proposed Regulations make a technical special effective date provision for the to a call date, based on certain assumed change to allow additional smaller regulatory change that conforms the optional redemptions. The general investors to invest in an external arbitrage regulations to the legislative purpose of this rule is to recognize that commingled fund without disqualifying change made to the small issuer rebate a yield-to-maturity computation may the fund so long as at least 16 unrelated exception for pooled bond issuers. This not be economically accurate in this investors each maintain the required change applies to bonds issued after circumstance because these yield-to-call minimum average investments in the May 17, 2006, the effective date of the bonds are more likely than other bonds fund. relevant provision of TIPRA.
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Effect on Other Documents Avenue, NW., Washington, DC. Due to 4. Add entries for new paragraphs (k), On the date of applicability of the building security procedures, visitors (k)(1), (k)(2), (k)(3) and (k)(4) in the table final regulations, Revenue Procedure must enter at the Constitution Avenue of contents for § 1.148–11. The revised and added provisions 95–47, 1995–2 CB 417, will be entrance. In addition, all visitors must read as follows: obsoleted. present photo identification to enter the building. Because of access restrictions, § 1.148–0 Scope and Table of Contents. Special Analyses visitors will not be admitted beyond the * * * * * It has been determined that this notice immediate entrance area more than 30 of proposed rulemaking is not a minutes before the hearing starts. For § 1.148–3 General arbitrage rebate rules. information about having your name significant regulatory action as defined * * * * * in EO 12866. Therefore, a regulatory placed on the building access list to (d) * * * assessment is not required. It is hereby attend the hearing, see the FOR FURTHER (4) Cost-of living adjustment. INFORMATION CONTACT section of this certified that these proposed regulations * * * * * will not have a significant economic preamble. impact on a substantial number of small The rules of 26 CFR 601.601(a)(3) § 1.148–8 Small issuer exception to rebate entities. Therefore, a Regulatory apply to the hearing. Persons who wish requirement. Flexibility Analysis under the to present oral comments at the hearing * * * * * Regulatory Flexibility Act (5 U.S.C. must submit written or electronic (d) Pooled financings—treatment of chapter 6) is not required. Some of the comments and an outline of the topics conduit borrowers. proposed changes clarify existing to be discussed and the time to be * * * * * devoted to each topic (a signed original regulatory provisions, conform the § 1.148–11 Effective dates. regulations to a recent statutory change, and eight (8) copies) by January 2, 2008. or otherwise involve simplifying or A period of 10 minutes will be allotted * * * * * to each person for making comments. (k) Certain arbitrage guidance updates. clarifying changes that will not have a (1) In general. significant economic impact on An agenda showing the scheduling of (2) Permissive earlier application. governmental jurisdictions or other the speakers will be prepared after the (3) Rebate overpayment recovery. entities of any size. Other proposed deadline for receiving outlines has (4) Small issuer exception to rebate changes involve the treatment of certain passed. Copies of the agenda will be requirement for conduit borrowers of pooled hedging transactions, such as interest available free of charge at the hearing. financings. rate swaps, for purposes of the arbitrage Drafting Information * * * * * investment restrictions on tax-exempt Par. 3. Section 1.148–3 is amended by bonds issued by State and local The principal authors of these revising paragraph (d)(1)(iv) and adding governments. Although there is a lack of regulations are Rebecca L. Harrigal and a new paragraph (d)(4) as follows: available data regarding the extent of Carla A. Young, Office of Associate usage of these hedging transactions by Chief Counsel (Financial Institutions § 1.148–3 General arbitrage rebate rules. small entities, the IRS and the Treasury and Products), IRS. However, other * * * * * Department understand that these personnel from the IRS and Treasury (d) * * * hedging transactions are used primarily Department participated in their (1) * * * by larger State and local governments development. (iv) On the last day of each bond year and other eligible larger entities. The during which there are amounts List of Subjects in 26 CFR Part 1 IRS and the Treasury Department allocated to gross proceeds of an issue specifically solicit comment from any Income taxes, Reporting and that are subject to the rebate party, particularly affected small recordkeeping requirements. requirement, and on the final maturity entities, on the accuracy of this date, a computation credit of $1,400 for Proposed Amendments to the certification. Pursuant to section 7805(f) any bond year ending in 2007 and, for Regulations of the Internal Revenue Code, this bond years ending after 2007, a computation credit in the amount regulation has been submitted to the Accordingly, 26 CFR part 1 is determined under paragraph (d)(4) of Small Business Administration for proposed to be amended as follows: comment on its impact on small this section; and governmental jurisdictions. PART 1—INCOME TAXES * * * * * (4) Cost-of-living adjustment. For any Comments and Public Hearing Paragraph 1. The authority citation calendar year after 2007, the $1,400 Before these Proposed Regulations are for part 1 continues to read in part as computation credit set forth in adopted as final regulations, follows: paragraph (d)(1)(iv) shall be increased consideration will be given to any Authority: 26 U.S.C. 7805 * * * by an amount equal to such dollar amount multiplied by the cost-of-living written (a signed original and eight (8) Sections 1.148–0, 1.148–3, 1.148–4, 1.148– copies) or electronic comments that are 5, 1.148–8 and 1.148–11 also issued under 26 adjustment determined under section submitted timely to the IRS. The U.S.C. 148(i). 1(f)(3) for such year as modified by this Treasury Department and IRS request paragraph (d)(4). In applying section comments on the clarity of the proposed Par. 2. Section 1.148–0(c) is amended 1(f)(3) to determine this cost-of-living rules and how they can be made easier as follows: adjustment, the reference to ‘‘calendar to understand. All comments will be 1. Add entry for new paragraph (d)(4) year 1992’’ in section 1(f)(3)(B) shall be available for public inspection and in the table of contents for § 1.148–3. changed to ‘‘calendar year 2006.’’ If any copying. 2. Revise entry for paragraph (d) in such increase determined under this A public hearing has been scheduled the table of contents for § 1.148–8. paragraph (d)(4) is not a multiple of $10, for January 30, 2008 at 10 a.m. in the 3. Remove entries for paragraph (d)(1) such increase shall be rounded to the Main IRS Auditorium, Internal Revenue and paragraph (d)(2) in the table of nearest multiple thereof. Service Building, 1111 Constitution contents for § 1.148–8. * * * * *
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Par. 4. Section 1.148–3(j) is amended 2. Revising the heading and interest requirements. A contract is not by revising Example 2(iii)(D) to read as introductory text of paragraph (h)(2)(v). primarily interest based unless— follows: 3. Amending paragraph (h)(2)(v)(B) by * * * * * revising the last sentence. (B) * * * For this purpose, § 1.148–3 General arbitrage rebate rules. 4. Adding paragraphs (h)(2)(v)(B)(1), differences that would not prevent the * * * * * (2) and (3). resulting bond from being substantially (j) * * * 5. Adding a new sentence at the end similar to another type of bond or to Example 2. * * * of paragraph (h)(2)(vi). result in overhedging include: (iii) * * * 6. Revising the heading and first (1) A difference between the interest (D) If the yield during the second sentence of paragraph (h)(2)(viii). rate used to compute payments on the computation period were, instead, 7. Amending paragraph (h)(3)(iv)(B) hedged bond and the interest rate used 7.0000 percent, the rebate amount by adding a new sentence immediately to compute payments on the hedge computed as of July 1, 2004, would be after the first sentence. where one interest rate is substantially $1,320,891. The future value of the 8. Adding a new sentence at the end the same as, but not identical to, the payment made on July 1, 1999, would of paragraph (h)(4)(i)(C). other. For this purpose, if an interest be $1,471,007. Although the future The revised and added provisions rate swap under which the issuer pays value of the payment made on July 1, read as follows: the hedge provider a fixed interest 1999 ($1,471,007), exceeds the rebate payment and receives from the hedge amount computed as of July 1, 2004 § 1.148–4 Yield on an issue of bonds. provider a floating interest rate that is ($1,320,891), § 1.148–3(i) limits the * * * * * based on a taxable interest rate or a amount recoverable as a defined (b) * * * taxable market interest rate index, the overpayment of rebate under section (3) Yield on certain fixed yield bonds floating rate on the hedge and the 148 to the excess of the total ‘‘amount subject to optional early redemption—(i) variable rate on the hedged bonds will paid’’ over the sum of the amount In general. If a fixed yield bond is be treated as being substantially the determined under the future value subject to optional early redemption and same only if: method to be the ‘‘rebate amount’’ as of is described in paragraph (b)(3)(ii) of (i) The difference between the interest the most recent computation date and this section, the yield on the issue rate on the issuer’s hedged bonds and all other amounts that are otherwise containing the bond is computed by the floating interest rate on the hedge required to be paid under section 148 as treating the bond as redeemed at its does not exceed one quarter of one of the date the recovery is requested. stated redemption price on the optional percent (.25 percent, or 25 basis points) Because the total amount that the issuer redemption date that would produce the on the date that the issuer enters into paid on July 1, 1999 ($1,042,824.60), lowest yield on that bond. the hedge; and does not exceed the rebate amount as of (ii) For a three-year period that ends * * * * * July 1, 2004 ($1,320,891), the issuer on the date the issuer enters into the (h) * * * would not be entitled to recover any hedge, the average difference between (2) * * * overpayment of rebate in this case. the issuer’s actual tax-exempt interest (ii) * * * rate on comparable variable-rate bonds * * * * * (A) * * * For purposes of applying Par. 5. Section 1.148–4(a) is revised to (or, if no such comparable bonds exist, the definition of periodic payment read as follows: rates from a reasonable tax-exempt under § 1.446–3 to determine whether a interest rate index, such as the SIFMA § 1.148–4 Yield on an issue of bonds. hedge has a significant investment Municipal Swap Index, for that same (a) In general. The yield on an issue element under this paragraph period) and interest rates determined in of bonds is used to apply investment (h)(2)(ii)(A), the definition of ‘‘specified the same manner as the floating interest yield restrictions under section 148(a) index’’ under § 1.446–3 (upon which rate on the hedge and as of the same and to compute rebate liability under periodic payments are required to be dates as the issuer’s comparable section 148(f). Yield is computed under based) is deemed also to include variable-rate bonds (or the tax-exempt the economic accrual method using any payments an issuer receives under a market index, if applicable) does not consistently applied compounding hedge that are computed to be equal to exceed one-quarter of one percent (.25 interval of not more than one year. A the issuer’s cost of funds, such as the percent, or 25 basis points). For short first compounding interval and a issuer’s actual market-based tax-exempt example, if the floating rate on the short last compounding interval may be variable interest rate on its bonds. hedge is 67 percent of LIBOR, then 67 used. Yield is expressed as an annual * * * * * percent of LIBOR, determined as of the percentage rate that is calculated to at (v) Interest-based contract and size same dates as the issuer’s actual interest least four decimal places (for example, and scope of hedge. The contract is rates (or tax-exempt market index, if 5.2525 percent). Other reasonable, primarily interest-based (for example, a applicable) is compared to those actual standard financial conventions, such as hedge based on a debt index rather than interest rates (or the tax-exempt market the 30 days per month/360 days per an equity index). In addition, the size index, if applicable) for the three-year year convention, may be used in and scope of the hedge under the period ending on the date the hedge is computing yield but must be contract is limited to that which is entered into and the differences are consistently applied. The yield on an reasonably necessary to hedge the averaged to determine whether the issue that would be a purpose issuer’s risk with respect to interest rate average difference exceeds one-quarter investment (absent section 148(b)(3)(A)) changes on the hedged bonds. For of one percent. For this purpose, a is equal to the yield on the conduit example, a contract is limited to reasonable sample may be used if the financing issue that financed that hedging an issuer’s risk with respect to sample for the issuer’s actual rates (or purpose investment. interest rate changes on the hedged tax-exempt market index rates, if * * * * * bonds if the hedge is based on the applicable) and the sample of floating Par. 6. Section 1.148–4 is amended issuer’s principal amount of bonds and rates used for the hedge are determined by: reasonably expected interest as of the same dates. 1. Revising paragraph (b)(3)(i), and requirements rather than based on a (2) A difference resulting from the adding a new sentence at the end of greater notional amount or an interest payment of a fixed premium for a cap paragraph (h)(2)(ii)(A). rate level greater than the expected (for example, payments for a cap that
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are made in other than level 7. Amend newly redesignated proceeds of refunded issues. installments). paragraph (c)(3)(i), (c)(3)(ii), (c)(3)(iii), Nonpurpose investments allocated to (3) A difference resulting from the (c)(3)(iv), (c)(3)(v), (c)(3)(vi) and replacement proceeds of a refunded allocation of a termination payment if (c)(3)(vii) by adding headings to each issue, including a refunded issue that is the termination was unexpected as of paragraph. an advance refunding issue, as a result the date that the parties entered into the 8. Revise newly redesignated of the application of the universal cap hedge contract. paragraph (c)(3)(v). to amounts in a refunding escrow; (vi) * * * For this purpose, such 9. Revise newly redesignated (vii) Investments allocable to payments will be treated as paragraph (c)(3)(vi). replacement proceeds under a certain corresponding closely in time under this 10. Amend newly redesignated transition rule. *** paragraph (c)(3)(vii) by removing the paragraph (h)(2)(vi) if they are made (viii) Nonpurpose investments within 60 calendar days of each other. period at the end of the paragraph and replacing it with a semicolon. allocable to proceeds when SLGS are * * * * * 11. Amending paragraph (c)(3) by unavailable. Nonpurpose investments (viii) Reasonably contemporaneous adding new paragraphs (c)(3)(viii) and allocable to proceeds of an issue, identification. The contract must be (c)(3)(ix). including an advance refunding issue, identified by the actual issuer on its The revised and added provisions that an issuer purchases on a date when books and records maintained for the read as follows: the issuer is unable to purchase State hedged bonds not later than 15 calendar and Local Government Series Securities days after the date on which the issuer § 1.148–5 Yield and valuation of (SLGS) because the U.S. Department of and the hedge provider enter into the investments. Treasury, Bureau of Public Debt, has hedge contract. * * * * * * * * suspended sales of those securities; and (3) * * * (c) * * * (ix) Nonpurpose investments (iv) * * * (3) Applicability of special yield allocable to proceeds of certain variable- (B) * * * The amount of the reduction rule. Except as otherwise yield advance refunding issues. termination payment in a termination or expressly provided in paragraphs Nonpurpose investments allocable to deemed termination is equal to the fair (c)(3)(i) through (ix) of this section, proceeds of a variable-yield advance market value of the qualified hedge on paragraph (c) applies only to refunding issue (the hedged bond issue) the date of the termination. * * * investments listed in paragraphs (c)(3)(i) deposited in a yield restricted * * * * * through (c)(3)(ix) of this section that are defeasance escrow if— (4) * * * allocated to proceeds of an issue other than gross proceeds of an advance (A) The issuer has entered into a (i) * * * qualified hedge under § 1.148–4(h)(2) (C) * * * Except for an anticipatory refunding issue. (i) Nonpurpose investments allocated with respect to all of the variable-yield hedge that is terminated or otherwise bonds of the issue allocable to the yield closed substantially contemporaneously to proceeds of an issue that qualified for certain temporary periods. *** restricted defeasance escrow and that with the hedged bond in accordance hedge is in the form of a variable-to- with paragraph (h)(5)(ii) or (h)(5)(iii) of (ii) Investments allocable to certain variable yield issues. *** fixed interest rate swap under which the this section, a hedge based on a taxable issuer pays the hedge provider a fixed interest rate or taxable interest index (iii) Nonpurpose investments allocable to certain transferred interest rate and receives from the hedge (for example, the London Interbank provider a floating interest rate; Offered Rate or LIBOR) does not meet proceeds. *** (A) * * * the requirements of this paragraph (C). (B) Such qualified hedge covers a (B) * * * period beginning on the issue date of * * * * * (iv) Purpose investments allocable to the hedged bond issue and ending on or Par. 7. Section 1.148–5(c) is amended certain qualified student loans. *** after the date on which the final by: (v) Nonpurpose investments allocable payment is to be made from the yield 1. Removing existing paragraph to gross proceeds in certain reserve restricted defeasance escrow; and (c)(3)(ii). funds. Nonpurpose investments (C) The issuer restricts the yield on 2. Adding introductory language to allocable to gross proceeds of an issue paragraph (c)(3). the yield restricted defeasance escrow to in a reasonably required reserve or a yield that is not greater than the yield 3. Removing the heading in paragraph replacement fund or a fund that, except (c)(3)(i) and redesignating the existing on the hedged bond issue, determined for its failure to satisfy the size by taking into account the issuer’s fixed text in paragraph (c)(3)(i)(A) as the text limitation in § 1.148–2(f)(2)(ii), would in paragraph (c)(3)(i). payments to be made under the hedge qualify as a reasonably required reserve and by assuming that the issuer’s 4. Redesignate existing paragraphs or replacement fund, but only to the (c)(3)(i)(B), (c)(3)(i)(C), (c)(3)(i)(D), variable yield payments to be paid on extent the requirements in paragraphs the hedged bonds are equal to the (c)(3)(i)(E), (c)(3)(i)(F), and (c)(3)(i)(G) as (c)(3)(v)(A) or (B) of this section are met. paragraphs (c)(3)(ii), (c)(3)(iii), (c)(3)(iv), floating payments to be received by the This paragraph (c)(3)(v) includes issuer under the qualified hedge and are (c)(3)(v), (c)(3)(vi), and (c)(3)(vii), nonpurpose investments described in respectively. paid on the same dates (that is, such this paragraph that are allocable to yield reduction payments can only be 5. Redesignate existing paragraphs transferred proceeds of an advance (c)(3)(i)(C)(1) and (c)(3)(i)(C)(2) as made to address basis risk differences refunding issue, but only to the extent between the variable yield payments on paragraphs (c)(3)(iii)(A) and necessary to satisfy yield restriction (c)(3)(iii)(B), respectively, in newly the hedged bonds and the floating under section 148(a) on those proceeds payments received on the hedge). redesignated paragraph (c)(3)(iii). treating all investments allocable to 6. Redesignate existing paragraphs those proceeds as a separate class. * * * * * (c)(3)(i)(E)(1) and (c)(3)(i)(E)(2) as (A) * * * Par. 8. Section 1.148–5(d)(6) is paragraphs (c)(3)(v)(A) and (c)(3)(v)(B), (B) * * * amended by revising paragraphs respectively, in newly redesignated (vi) Nonpurpose investments (d)(6)(iii)(A)(1) and (d)(6)(iii)(A)(6) to paragraph (c)(3)(v). allocable to certain replacement read as follows:
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§ 1.148–5 Yield and valuation of (d) Pooled financings—treatment of proposed regulations in the Federal investments. conduit borrowers. A loan to a conduit Register for bonds to which that section * * * * * borrower in a pooled financing qualifies applies. (d) * * * for the small issuer exception, (v) Section 1.148–5(d)(6)(iii)(A) may (6) * * * regardless of the size of either the be applied to guaranteed investment (iii) * * * pooled financing or of any loan to other contracts entered into on or after the (A) * * * conduit borrowers, only if— date of publication of the proposed (1) The bid specifications are in (1) The bonds of the pooled financing regulations in the Federal Register for writing and are timely forwarded, or are are not private activity bonds; bonds to which § 1.148–5(d)(6)(iii) made available on an internet website or (2) None of the loans to conduit applies. other similar electronic media that is borrowers are private activity bonds; (vi) Section 1.148–5(e)(2)(ii)(B) may regularly used to post bid specifications, and be applied with respect to investors to potential bidders. For purposes of (3) The loan to the conduit borrower investing in the fund on or after the date this paragraph (d)(6)(iii)(A), a writing meets all the requirements of the small of publication of the proposed includes a hard copy, a fax, or an issue exception. regulations in the Federal Register for electronic e-mail copy. * * * * * bonds to which that section applies. (3) Rebate overpayment recovery. * * * * * Par. 11. Section 1.148–11 is revised Section 1.148–3(j) applies to bonds (6) All potential providers have an by adding new paragraph (k) as follows: subject to § 1.148–3(i). equal opportunity to bid. If the bidding § 1.148–11 Effective Dates. (4) Small issuer exception to rebate process affords any opportunity for a * * * * * requirement for conduit borrowers of potential provider to review other bids (k) Certain arbitrage guidance pooled financings. Section 1.148–8(d) before providing a bid, then providers updates. applies to bonds issued after May 17, have an equal opportunity to bid only (1) In general. Sections 1.148– 2006. if all potential providers have an equal 3(d)(1)(iv); 1.148–3(d)(4); 1.148–4(a); opportunity to review other bids. Thus, 1.148–4(b)(3)(i); 1.148–4(h)(2)(ii)(A); Linda E. Stiff, no potential provider may be given an 1.148–4(h)(2)(v); 1.148–4(h)(2)(vi); Deputy Commissioner for Services and opportunity to review other bids that is 1.148–4(h)(2)(viii); 1.148–4(h)(3)(iv)(B); Enforcement. not equally given to all potential 1.148–4(h)(4)(i)(C); 1.148–5(c)(3); 1.148– [FR Doc. 07–4734 Filed 9–24–07; 8:45 am] providers (that is, no exclusive ‘‘last 5(d)(6)(iii)(A) and 1.148–5(e)(2)(ii)(B), as BILLING CODE 4830–01–P look’’). in effect on the effective date of the final * * * * * regulations (the revised provisions), Par. 9. Section 1.148–5(e)(2) is apply to bonds sold on or after the date DEPARTMENT OF THE TREASURY amended by revising the second that is 90 days after publication of the Internal Revenue Service sentence of paragraph (e)(2)(ii)(B) to final regulations in the Federal Register, read as follows: for bonds subject to such applicable 26 CFR Part 1 section of the regulations as in effect § 1.148–5 Yield and valuation of before the effective date of the final [REG–148393–06] investments. regulations. RIN 1545–BG12 * * * * * (2) Permissive earlier application. To (e) * * * the extent provided in paragraphs Medical and Accident Insurance (2) * * * (k)(2)(i) through (vi) of this section, Benefits Under Qualified Plans; (ii) * * * issuers may apply the proposed Correction (B) External commingled funds. *** regulations to bonds sold before the date For purposes of this paragraph that is 90 days after publication of the AGENCY: Internal Revenue Service (IRS), (e)(2)(ii)(B), a fund is treated as widely final regulations in the Federal Register. Treasury. held only if, during the immediately (i) Section 1.148–3(d)(1)(iv) and ACTION: Correction to notice of proposed preceding fixed, semiannual period § 1.148–3(d)(4) may be applied for bond rulemaking. chosen by the fund (for example, years ending on or after the date of semiannual periods ending June 30 and publication of the proposed regulations SUMMARY: This document contains December 31), the fund had a daily in the Federal Register for bonds to corrections to notice of proposed average of more than 15 investors that which 1.148–3(d)(1)(iv) applies. rulemaking that was published in the were not related parties, and at least 16 (ii) Section 1.148–4(b)(3)(i) may be Federal Register on Monday, August 20, of the unrelated investors each applied for bonds sold on or after the 2007 (72 FR 46421), regarding the tax maintained a daily average amount date of publication of the proposed treatment of payments by qualified invested in the fund that was not less regulations in the Federal Register for plans for medical or accident insurance. than the lesser of $500,000 and one bonds to which that section applies. FOR FURTHER INFORMATION CONTACT: percent (1%) of the daily average of the (iii) Sections 1.148–4(h)(2)(ii)(A), Pamela Kinard at (202) 622–6060. total amount invested in the fund (with 1.148–4(h)(2)(v), 1.148–4(h)(2)(vi), SUPPLEMENTARY INFORMATION: it being understood that additional 1.148–4(h)(2)(viii), 1.148–4(h)(3)(iv)(B), smaller investors will not disqualify the and 1.148–4(h)(4)(i)(C) may be applied, Background fund). * * * in whole but not in part, for qualified The notice of proposed rulemaking * * * * * hedges entered into on or after the date (REG–148393–06) that is the subject of Par. 10. Section 1.148–8(d) is revised of publication of the proposed these corrections is under section 402(a) to read as follows: regulations in the Federal Register for of the Internal Revenue Code. bonds to which § 1.148–4(h) applies. § 1.148–8 Small Issuer Exception to (iv) Section 1.148–5(c)(3) may be Need for Correction Rebate Requirement. applied for investments purchased on or As published, the notice of proposed * * * * * after the date of publication of the rulemaking (REG–148393–06) contains
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errors that may prove to be misleading DEPARTMENT OF THE TREASURY section 6011 and by making conforming and are in need of clarification. changes to the rules relating to the Internal Revenue Service disclosure of reportable transactions by Correction of Publication material advisors under section 6111. 26 CFR Parts 1 and 301 On November 1, 2006, the IRS and Accordingly, the notice of proposed Treasury Department issued a notice of rulemaking (REG–148393–06) that was [REG–129916–07] proposed rulemaking and temporary the subject of FR. Doc. E7–16084 is RIN 1545–BG76 and final regulations under sections corrected as follows: 6011, 6111, and 6112 (REG–103038–05, 1. On page 46423, column 3, in the Patented Transactions REG–103039–05, REG–103043–05, TD preamble, under the paragraph heading AGENCY: Internal Revenue Service (IRS), 9295) (the November 2006 regulations). ‘‘Explanation of Provisions’’, paragraph Treasury. The November 2006 regulations were published in the Federal Register (71 2, lines 11 and 12, the language ‘‘to ACTION: Notice of proposed rulemaking. provide medical benefits in section FR 64488, 71 FR 64496, 71 FR 64501, 401(h) under a qualified plan or SUMMARY: This document contains 71 FR 64458) on November 2, 2006. In annuity’’ is corrected to read ‘‘to proposed regulations that provide rules the preamble to those proposed provide medical benefits in a section relating to the disclosure of reportable regulations, the IRS and Treasury 401(h) account under a qualified plan or transactions under sections 6011 and Department expressed concern, shared annuity’’. 6111 of the Internal Revenue Code by many commentators, regarding the (Code). These regulations propose to patenting of tax advice or tax strategies 2. On page 46424, column 1, in the add the patented transactions category that have the potential for tax preamble, under the paragraph heading of reportable transaction to the avoidance. A patent for tax advice or a ‘‘Explanation of Provisions’’, paragraph regulations under § 1.6011–4 of the tax strategy might be interpreted by 3, line 22, the language ‘‘Public Lic 108– Income Tax Regulations. The taxpayers as approval by the IRS and 311’’ is corrected to read ‘‘Public Law regulations also include conforming Treasury Department of the transaction, 108–311’’. changes to the rules relating to the which might impede the efforts of the disclosure of reportable transactions by IRS and Treasury Department to obtain § 1.402(a)–1 [Corrected] material advisors under section 6111. information regarding tax avoidance 3. On page 46425, column 2, The regulations affect taxpayers transactions and have an impact on § 1.402(a)–1, lines 1 and 2, the language participating in reportable transactions effective tax administration. ‘‘(a) * * * (1) * * * (i) * * *’’ is under section 6011, material advisors Consequently, the IRS and Treasury corrected to read ‘‘(a) * * * (1)(i) responsible for disclosing reportable Department requested comments ***’’ transactions under section 6111, and regarding the creation of a new category material advisors responsible for of reportable transaction to address 4. On page 46425, column 2, keeping lists under section 6112. these concerns. § 1.402(a)–1(a)(1)(ii), lines 3 and 4, the The IRS and Treasury Department DATES: Written or electronic comments language ‘‘qualified pension, annuity, received written public comments and requests for a public hearing must profit sharing, or stock bonus plan to responding to the proposed regulations be received by December 26, 2007. provide’’ is corrected to read ‘‘qualified and held a public hearing regarding the ADDRESSES: pension, annuity, profit-sharing, or Send submissions to: proposed rules on March 20, 2007. After CC:PA:LPD:PR (REG–129916–07), room stock bonus plan to provide.’’ consideration of the comments received, 5203, Internal Revenue Service, P.O. the IRS and Treasury Department are 5. On page 46425, column 2, Box 7604, Ben Franklin Station, issuing these proposed regulations with § 1.402(a)–1(e), line 3, the language Washington, DC 20044. Submissions respect to patented transactions. Upon ‘‘profit sharing, or stock bonus plan— may be hand-delivered Monday through publication of final regulations, these (1)’’ is corrected to read ‘‘profit-sharing, Friday between the hours of 8 a.m. and regulations will be effective for or stock bonus plan—(1)’’. 4 p.m. to CC:PA:LPD:PR (REG–129916– transactions entered into on or after the 6. On page 46426, column 1, 07), Courier’s Desk, Internal Revenue date of publication of this notice of § 1.402(a)–1(e)(6), paragraph (ii) of Service, 1111 Constitution Avenue, proposed rulemaking. NW., Washington, DC, or sent Example., line 3, the language ‘‘the Explanation of Provisions $1,000 constitutes a distribution under’’ electronically, via the Federal is corrected to read ‘‘$1,000 constitutes eRulemaking Portal at In response to the request for www.regulations.gov (IRS–REG– a distribution under’’. comments, the IRS and Treasury 129916–07). Department received five comments La Nita Van Dyke, FOR FURTHER INFORMATION CONTACT: regarding the creation of a new category Branch Chief, Publications and Regulations Concerning the proposed regulations, of reportable transaction to address the Branch, Legal Processing Division, Associate Michael H. Beker or Charles D. Wien, patenting of tax advice or tax strategies. Chief Counsel (Procedure and (202) 622–3070; concerning the One commentator suggested that the Administration). submissions of comments and requests patenting of tax advice or tax strategies [FR Doc. E7–18989 Filed 9–25–07; 8:45 am] for hearing, Richard Hurst at should not be addressed through the BILLING CODE 4830–01–P [email protected] or addition of a new category of reportable (202) 622–7180 (not toll-free numbers). transaction. The commentator suggested SUPPLEMENTARY INFORMATION: that the IRS should require a form of notification or have a disclosure Background requirement informing the IRS when the This document proposes to amend 26 United States Patent and Trademark CFR parts 1 and 301 by adding the Office (USPTO) issues a tax strategy patented transactions category of patent. The commentator suggested that reportable transaction to the rules under this could be accomplished through
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cooperation between the IRS and the patents so that the category applies only a payment received from another person USPTO. To the extent cooperation does to those taxpayers and material advisors for the use of the tax planning method not result in the necessary disclosures, who have a legal right to use the that is the subject of the patent. the commentator suggested that the patented tax strategy or tax advice. These regulations also describe when current reportable transaction regime or Finally, commentators recommended a person is a material advisor with another mechanism could provide the excluding from the category of respect to a patented transaction under necessary notifications and disclosures. reportable transaction the use of section 6111. Because of the nature of One commentator suggested that the patented tax methods or processes for patented transactions and how those patenting of tax advice or tax strategies complying with return preparation and transactions are marketed, the threshold should be addressed through the filing and other administrative amount as described in section 6111(b) transaction of interest category of requirements. is reduced from $50,000 to $250 and reportable transaction under § 1.6011– After careful consideration of the from $250,000 to $500. A person who is 4(b)(6). The commentator suggested that comments received, the IRS and a material advisor with respect to a each application for, or grant of a patent Treasury Department continue to be patented transaction will have a list be automatically included within the concerned about the patenting of tax maintenance obligation under section scope of a transaction of interest, advice or tax strategies and believe that 6112. thereby requiring anyone who adding a new category of reportable Special Analyses ‘‘participated’’ in the transaction to file transaction to the section 6011 a disclosure statement. In addition, the regulations for patented transactions It has been determined that these commentator suggested that the party will assist the IRS and Treasury regulations are not a significant who files an application for a patent, or Department in obtaining disclosures of regulatory action as defined in for whom a patent is granted, be tax avoidance transactions and in Executive Order 12866. Therefore, a considered a material advisor, as providing effective tax administration. regulatory assessment is not required. It defined in § 301.6111–3(b) of the Under the new category of reportable has also been determined that section Procedure and Administration transactions, the ‘‘patented transaction’’ 553(b) of the Administrative Procedure Regulations. The commentator noted is a transaction for which a taxpayer Act (5 U.S.C. chapter 5) does not apply that treating the patent applicant or pays (directly or indirectly) a fee in any to these regulations. It is hereby holder as a material advisor would amount to a patent holder or the patent certified that the collection of obligate that party to file a disclosure holder’s agent for the legal right to use information in these regulations will not statement under § 301.6111–3 and also a tax planning method that the taxpayer have a significant economic impact on to maintain an investor list under knows or has reason to know is the a substantial number of small entities. § 301.6112–1. Further, the commentator subject of the patent. A patented This certification is based on the fact proposed that each material advisor transaction also is a transaction for that most information is already should be required to disclose to each which a taxpayer (the patent holder or required to be reported on the taxpayer on that material advisor’s list the patent holder’s agent) has the right disclosure statement referenced in the of investors that the transaction is a to payment for another person’s use of regulation and approved under OMB transaction of interest and that the a tax planning method that is the subject control number 1545–0074; the new taxpayer is required to disclose the of the patent. information required by these proposed transaction. The proposed regulations exclude regulations add little or no new burden Two commentators suggested the mathematical calculations or to the existing requirements. Therefore, creation of a new category of reportable mechanical assistance in the a Regulatory Flexibility Analysis under transaction for taxpayers who preparation of tax returns from the the provisions of the Regulatory participate in a transaction that uses a patented transaction category of Flexibility Act (5 U.S.C. chapter 6) is patented tax strategy for each year in reportable transactions. Thus, a not required. Pursuant to section 7805(f) which the taxpayer’s return reports patented transaction does not include of the Code, this notice of proposed items attributable to such transaction. patent-protected tax preparation rulemaking will be submitted to the The two commentators both suggested software or other tools used to perform Chief Counsel for Advocacy of the Small treating the patent holder as a material or model mathematical calculations or Business Administration for comment advisor within the meaning of section to provide mechanical assistance in the on its impact on small business. 6111. One of the two commentators preparation of tax or information Comments and Requests for a Public suggested lowering the gross income returns. Hearing threshold amounts for material advisors For purposes of the new patented in § 301.6111–3(b)(3). One of the transaction category, a taxpayer has Before these proposed regulations are commentators recommended that a participated in a patented transaction if adopted as final regulations, material advisor should only include the taxpayer’s tax return reflects a tax consideration will be given to any the owner of the patent and advisors benefit from the transaction (including a written comments (a signed original and who pay fees directly or indirectly for deduction for fees paid in any amount eight (8) copies) or electronic comments the patented tax strategy or advice. This to the patent holder or patent holder’s that are submitted timely to the IRS. The commentator also recommended that agent). A taxpayer also has participated IRS and Treasury Department the disclosure obligations be narrowly in a patented transaction if the taxpayer specifically request comments on the construed so as not to apply to those is the patent holder or patent holder’s clarity of the proposed rules, how they taxpayers and material advisors who agent and the taxpayer’s tax return can be made easier to understand, and implement patented tax strategies and reflects a tax benefit in relation to the administrability of the rules in the provided advice without any knowledge obtaining a patent for a tax planning proposed regulations. All comments that the tax strategy or advice has been method (including any deduction for will be available for public inspection patented. amounts paid to the United States and copying. A public hearing will be Another commentator also Patent and Trademark Office as required scheduled if requested in writing by any recommended limiting the scope of a by title 35 of the United States Code and person that submits timely written or category of reportable transaction for attorney’s fees) or reflects income from electronic comments. If a public hearing
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is scheduled, notice of the date, time, (A) Fee. The term fee means consideration for the patented and place for the public hearing will be consideration in whatever form paid, transaction. The term payment also published in the Federal Register. whether in cash or in kind, for the right includes amounts paid in settlement of, to use a tax planning method that is the or as the award of damages in, a suit for Drafting Information subject of a patent. The term fee damages for infringement of the patent. The principal authors of these includes any consideration the taxpayer (F) Tax planning method. The term regulations are Michael H. Beker and knows or has reason to know will be tax planning method means any plan, Charles D. Wien, Office of the Associate paid indirectly to the patent holder or strategy, technique, or structure Chief Counsel (Passthroughs and patent holder’s agent, such as through a designed to affect Federal income, Special Industries). However, other referral fee, fee-sharing arrangement, or estate, gift, generation skipping transfer, personnel from the IRS and Treasury license. The term fee does not include employment, or excise taxes. A patent Department participated in their amounts paid in settlement of, or as the issued solely for tax preparation development. award of damages in, a suit for damages software or other tools used to perform for infringement of the patent. or model mathematical calculations or List of Subjects (B) Patent. The term patent means a to provide mechanical assistance in the 26 CFR Part 1 patent granted under the provisions of preparation of tax or information returns Income taxes, Reporting and title 35 of the United States Code, or any is not a tax planning method. (iii) Related parties. For purposes of recordkeeping requirements. foreign patent granting rights generally similar to those under a United States this paragraph (b)(7), persons who bear 26 CFR Part 301 patent. See § 1.1235–2(a). The term a relationship to each other as described Employment taxes, Estate taxes, patent includes patents that have been in section 267(b) or 707(b) will be Excise taxes, Gift taxes, Income taxes, applied for but not yet granted. treated as the same person. Penalties, Reporting and recordkeeping (C) Patent holder. A person is a patent * * * * * requirements. holder if— (c) * * * (1) The person is a holder as defined (3) * * * Proposed Amendments to the in § 1.1235–2(d) and (e); (i) * * * Regulations (2) The person would be a holder as (F) Patented transactions. A taxpayer Accordingly, 26 CFR parts 1 and 301 defined in § 1.1235–2(d)(2) if the phrase has participated in a patented are proposed to be amended as follows: S corporation or trust was substituted transaction, as defined in paragraph for the word partnership and the phrase (b)(7) of this section, if the taxpayer’s PART 1—INCOME TAXES shareholder or beneficiary was tax return reflects a tax benefit from the substituted for the words member and transaction (including a deduction for Paragraph 1. The authority citation partner; fees paid in any amount to the patent for part 1 continues to read, in part, as (3) The person is an employer of a holder or patent holder’s agent). A follows: holder as defined in § 1.1235–2(d) and taxpayer also has participated in a Authority: 26 U.S.C. 7805 * * * the holder transferred to the employer patented transaction, as defined in all substantial rights to the patent as Par. 2. Section 1.6011–4 is amended paragraph (b)(7) of this section, if the defined in § 1.1235–2(b); by: taxpayer is the patent holder or patent (4) The person receives all substantial 1. Revising paragraphs (b)(7) and holder’s agent and the taxpayer’s tax rights to the patent as defined in (c)(3)(i)(F). return reflects a tax benefit in relation 2. Adding to paragraph (c)(3)(ii) § 1.1235–2(b) in exchange (directly or to obtaining a patent for a tax planning Examples 4, 5, 6, and 7. indirectly) for consideration in any method (including any deduction for 3. Revising paragraph (h)(2). form. amounts paid to the United States The revisions and additions read as (D) Patent holder’s agent. The term Patent and Trademark Office as required follows: patent holder’s agent means any person by title 35 of the United States Code and who has the permission of the patent attorney’s fees) or reflects income from § 1.6011–4 Requirement of statement holder to offer for sale or exchange, to a payment received from another person disclosing participation in certain sell or exchange, or to market a tax for the use of the tax planning method transactions by taxpayers. planning method that is the subject of that is the subject of the patent. * * * * * a patent. The term patent holder’s agent * * * * * (b) * * * also means any person who receives (ii) * * * (7) Patented transactions—(i) In (directly or indirectly) for or on behalf Example 4. (i) A, an individual, creates a general. A patented transaction is a of a patent holder a fee in any amount tax planning method and applies for a U.S. transaction for which a taxpayer pays for a tax planning method that is the patent. A pays attorney fees in relation to (directly or indirectly) a fee in any subject of a patent. obtaining the patent and A pays the fee amount to a patent holder or the patent (E) Payment. The term payment required under title 35 of the United States holder’s agent for the legal right to use includes consideration in whatever form Code for the patent application. paid, whether in cash or in kind, for the Subsequently, C pays a fee to A for the legal a tax planning method that the taxpayer right to use the tax planning method that C knows or has reason to know is the right to use a tax planning method that knows or has reason to know is the subject subject of the patent. A patented is the subject of a patent. For example, of A’s patent. A’s tax return reflects both a transaction also is a transaction for if a patent holder or patent holder’s deduction for an amount paid in relation to which a taxpayer (the patent holder or agent receives payment for a patented obtaining a patent and income from C’s the patent holder’s agent) has the right transaction and a separate payment for payment to A for the legal right to use the to payment for another person’s use of another transaction, part or all of the tax planning method that is the subject of the a tax planning method that is the subject payment for the other transaction may patent. C’s tax return reflects a deduction for an amount paid to A for the right to use the of the patent. be treated as payment for the patented tax planning method that is the subject of the (ii) Definitions. For purposes of this transaction if the facts and patent. paragraph (b)(7), the following circumstances indicate that the payment (ii) A is a patent holder under paragraph definitions apply: for the other transaction is in (b)(7)(ii)(C)(1) of this section. The transaction
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is a reportable transaction for A under F has the permission of the patent holder to PART 301—PROCEDURE AND paragraph (b)(7) of this section because A has offer for sale or exchange, to sell or exchange, ADMINISTRATION the right to payment for another person’s use or to market a tax planning method that is of the tax planning method that is the subject the subject of a patent. F also is a patent Par. 3. The authority citation for part of the patent. The transaction is a reportable holder’s agent under paragraph (b)(7)(ii)(D) of 301 continues to read, in part, as transaction for C under paragraph (b)(7) of this section because F receives (directly or follows: this section, because C paid a fee to A for the indirectly) a fee in any amount for a tax legal right to use a tax planning method that planning method that is the subject of a Authority: 26 U.S.C. 7805 * * * C knew or had reason to know was the patent for or on behalf of a patent holder. The Par. 4. Section 301.6111–3 is subject of a patent. A has participated in the transaction is a reportable transaction for amended by revising paragraphs transaction in the year in which A’s tax both A and F under paragraph (b)(7) of this (b)(2)(ii)(E), (b)(3)(i)(C), and (i)(2) to read return reflects a tax benefit in relation to section because A and F each have the right as follows: obtaining the patent or reflects income from to payment for another person’s use of the tax C’s payment to A for the legal right to use planning method that is the subject of the § 301.6111–3 Disclosures of reportable the tax planning method that is the subject patent. The transaction is a reportable transactions. of the patent. C has participated in the transaction for G under paragraph (b)(7) of * * * * * transaction in the year in which C’s tax this section because G paid a fee (directly or return reflects the deduction for any amount (b) * * * indirectly) to a patent holder or a patent (2) * * * paid to A for the legal right to use the tax holder’s agent for the legal right to use a tax planning method that is the subject of the (ii) * * * planning method that G knew or had reason patent. C also participates in the transaction (E) Patented transactions. A statement to know was the subject of the patent. A has for any years for which any other tax benefit participated in the transaction in the years in relates to a tax aspect of a transaction from the transaction is reflected on C’s tax which A’s tax return reflects income from the that causes it to be a patented return. payment received from F for G’s use of the transaction if the statement is made or Example 5. (i) A, an individual, is the tax planning method that is the subject of the provided by the patent holder or by the employee of B, a corporation. A creates a tax patent. F has participated in the transaction patent holder’s agent, as defined in planning method and applies for a U.S. in the years in which F’s tax return reflects patent but B pays the fee required under title § 1.6011–4(b)(7)(ii)(C) or (D) of this 35 of the United States Code for A’s patent income from the payment received from G for chapter, and concerns the tax planning application. Pursuant to A’s employment use of the tax planning method that is the method that is the subject of the patent. contract with B, B holds all substantial rights subject of the patent. G has participated in the transaction in the years in which G’s tax * * * * * to the patent. B’s tax return reflects a (3) * * * deduction for the amount paid in relation to return reflects a deduction for the fees paid to F. G also participates in the transaction for (i) * * * obtaining the patent. (C) Patented transactions. For (ii) A and B are patent holders under any years for which any other tax benefit from the transaction is reflected on G’s tax patented transactions described in paragraph (b)(7)(ii)(C)(1) and (3) of this § 1.6011–4(b)(7) of this chapter, the section, respectively. The transaction is not return. a reportable transaction for A under Example 7. Assume the same facts as in threshold amounts in § 301.6111– paragraph (b)(7) of this section because A Example 4. J uses a tax planning method that 3(b)(3)(i)(A) are reduced from $50,000 to does not have the right to payment for is the same as the tax planning method that $250 and from $250,000 to $500. another person’s use of the tax planning is the subject of A’s patent. J does not pay * * * * * method that is the subject of the patent. The any fees to any patent holder or patent (i) * * * transaction is a reportable transaction for B holder’s agent with respect to the tax (2) Patented transactions. Upon the planning method that is the subject of the under paragraph (b)(7) of this section because publication of the Treasury decision B holds all substantial rights to the patent patent. A sues J for infringement of the patent and J pays A an amount for damages. A’s tax adopting these rules as final regulations and has the right to payment for another in the Federal Register, paragraphs person’s use of the tax planning method that return reflects as income the amounts for is the subject of the patent. B has participated damages received from J. The transaction is (b)(2)(ii)(E) and (b)(3)(i)(C) of this in the transaction in the year in which B’s not a reportable transaction for J under section will apply to transactions with tax return reflects a tax benefit in relation to paragraph (b)(7) of this section because J did respect to which a material advisor obtaining the patent. B also participates in not pay any fees (as defined in paragraph makes a tax statement on or after the transaction for any years for which B’s (b)(7)(ii)(A) of this section) (directly or September 26, 2007. tax return reflects income from a payment indirectly) to a patent holder or patent received from another person for the use of holder’s agent for the legal right to use a tax Linda E. Stiff, the tax planning method that is the subject planning method that J knew or had reason Deputy Commissioner for Services and of the patent. to know was the subject of the patent. A has Enforcement. Example 6. (i) Assume the facts as in participated in a reportable transaction under [FR Doc. E7–18934 Filed 9–25–07; 8:45 am] paragraph (b)(7) of this section in the year in Example 4, except that A agrees to license BILLING CODE 4830–01–P the patent to F, a financial institution. The which A’s tax return reflects income from a license agreement between A and F provides payment (the amount received as an award for damages in a suit for damages for that F may offer the tax planning method to DEPARTMENT OF THE TREASURY its clients and if a client decides to use the infringement of the patent) received from another person for the use of the tax planning tax planning method, F must pay A for each Internal Revenue Service client’s use of the tax planning method. F method that is the subject of a patent. offers the tax planning method to G who uses * * * * * the tax planning method and knows or has 26 CFR Part 301 (h) * * * reason to know it is the subject of a patent. [REG–116215–07] F charges G for financial planning services (2) Patented transactions. Upon the and pays A for G’s use of the tax planning publication of the Treasury decision RIN–1545–BG60 method. A’s tax return reflects income from adopting these rules as final regulations the payment received from F. F’s tax return Public Inspection of Material Relating in the Federal Register, paragraphs reflects income from the payment received to Tax-Exempt Organizations; from G, and G’s tax return reflects a (b)(7), (c)(3)(i)(F), and (c)(3)(ii) Correction deduction for the fees paid to F. Examples 4 through 7 of this section (ii) F is a patent holder’s agent under will apply to transactions entered into AGENCY: Internal Revenue Service, paragraph (b)(7)(ii)(D) of this section because on or after September 26, 2007. Treasury.
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ACTION: Correction to notice of proposed 6. On page 45395, column 2, in the on Diacetyl and Food Flavorings rulemaking. preamble, under the paragraph heading Containing Diacetyl. ‘‘Other Changes to the Existing DATES: Stakeholder meeting: The SUMMARY: This document contains Regulations’’, paragraph 6, line 3, the stakeholder meeting date is October 17, corrections to proposed regulations that language ‘‘disclose, in response to or 2007, from 8:30 a.m.–4:30 p.m. amend existing regulations issued under anticipation’’ is corrected to read ‘‘in If more than 50 stakeholders register sections 6104 and 6110. These response to or in anticipation’’. for the stakeholder meeting on October regulations clarify rules relating to 7. On page 45395, column 2, in the 17, 2007, a second meeting will be information that is made available by preamble, under the paragraph heading scheduled for October 18, 2007, from the IRS for public inspection under ‘‘Other Changes to the Existing 8:30 a.m. to 4:30 p.m. If the second section 6104(a) and materials that are Regulations’’, paragraph 7, line 5 from meeting is needed on October 18, it will made publicly available under section the bottom of the column, the language follow the same format and 6110. ‘‘organizations whose tax exempt requirements as the first meeting and FOR FURTHER INFORMATION CONTACT: status’’ is corrected to read will be held at the same location. Mary Ellen Keys, (202) 622–4570 (not a ‘‘organizations whose tax-exempt OSHA’s Contractor, Eastern Research toll-free number). status’’. Group (ERG), will communicate with SUPPLEMENTARY INFORMATION: § 301.6104(a)–1 [Corrected] stakeholders by telephone or e-mail if a Background second meeting is scheduled. 8. On page 45396, column 2, Notice of intention to attend the The notice of proposed rulemaking § 301.6104(a)–1(c)(4), line 4, the stakeholder meeting: You must submit a (REG–116215–07) that is the subject of language ‘‘organization described in notice of intention to attend (i.e., to these corrections are under sections sections’’ is corrected to read participate or observe) the stakeholder 6110 and 6104(a) of the Internal ‘‘organization described in section’’. meeting by October 10, 2007. Revenue Code. 9. On page 45396, column 3, ADDRESSES: Stakeholder meeting: The § 301.6104(a)–1(c)(2), line 4 from the location for the stakeholder meeting is: Need for Correction bottom of the paragraph, the language Crown Plaza Hotel Washington National As published, this notice of proposed ‘‘Procedure 2007–52, 2007–30 IRB 222, Airport, 1480 Crystal Drive, Arlington, rulemaking (REG–116215–07) contains is corrected to read ‘‘Procedure 2007– Virginia 22202. errors that may prove to be misleading 52, 2007–30 I.R.B. 222,’’. Notices of intention to attend the and are in need of clarification. 10. On page 45396, column 3, stakeholder meeting: OSHA’s § 301.6104(a)–1(e)(3), line 4 from the Correction of Publication contractor, ERG, is coordinating the bottom of the paragraph, the language registration, hotel arrangements, and Accordingly, the notice of proposed ‘‘Procedure 80–27, 1980–1CB 677, and’’ logistics for the meeting. Seating is rulemaking (REG–116215–07) that was is corrected to read ‘‘Procedure 80–27, limited and pre-registration is required. the subject of FR. Doc. E7–15952 is 1980–1 C.B. 677, and’’. corrected as follows: Please include in your notice of 1. On page 45394, column 2, in the La Nita Van Dyke, intention to attend (i.e., to participate or preamble, under the caption heading Branch Chief, Publications and Regulations observe) your full name, affiliation, ‘‘SUMMARY:’’, line 11 from the bottom of Branch, Legal Processing Division, Associate address, telephone, and e-mail address. the paragraph, the language ‘‘denied or Chief Counsel (Procedure and You may submit your notice of revoked an organization’s tax’’ is Administration). intention to attend the stakeholder corrected to read ‘‘denied or revoked an [FR Doc. E7–18990 Filed 9–25–07; 8:45 am] meeting by October 10, 2007 by any of organization’s tax-’’. BILLING CODE 4830–01–P the following methods: 2. On page 45394, column 2, in the Electronic: OSHA encourages you to preamble, under the caption heading submit your notice of intention to attend ‘‘ADDRESSES:’’, line 2 from the bottom of to [email protected] (subject line: the column, the language ‘‘NW., DEPARTMENT OF LABOR Diacetyl Meeting). Washington, DC, or sent’’ is corrected to Facsimile: You may fax your notice of Occupational Safety and Health intention to attend to 781–674–2906. read ‘‘NW., Washington, DC 20224, or Administration sent’’. Telephone: You may register by 3. On page 45394, column 3, in the phone by calling Eastern Research 29 CFR Part 1910 preamble, under the paragraph heading Group, Inc. at 781–674–7374. ‘‘Background’’, paragraph 2, line 7, the Occupational Exposure to Diacetyl and Regular mail, express delivery, hand language ‘‘tax exempt status from the Food Flavorings Containing Diacetyl: delivery, messenger and courier service: public’’ is corrected to read ‘‘tax-exempt Announcement of Stakeholder Meeting Submit your notice of intention to status from the public’’. attend to Laurie Stamatatos, Eastern 4. On page 45395, column 1, in the AGENCY: Occupational Safety and Health Research Group, Inc., 110 Hartwell preamble, line 7 from the bottom of the Administration, Labor. Avenue, Lexington, MA 02421–3136. first paragraph of the column, the ACTION: Announcement of stakeholder Instructions: For further information language ‘‘public. See AOD 2004–02, meeting. on the stakeholder meeting and 2004–29 IRB is corrected to read ‘‘See submitting notices of intention to attend AOD 2004–2, 2004–29 I.R.B.’’. SUMMARY: The Occupational Safety and (i.e., to participate or observe) the 5. On page 45395, column 1, in the Health Administration (OSHA) invites stakeholder meeting, see the ‘‘Public preamble, under the paragraph heading interested parties to participate in or Participation’’ heading in the ‘‘Explanation of Provisions’’, line 4 from observe an informal stakeholder meeting SUPPLEMENTARY INFORMATION section of the bottom of paragraph 1, the language on Occupational Exposure to Diacetyl this notice. ‘‘sections 509(a), 4942(j)(3), or 4943(f), is and Food Flavorings Containing This document, non-attributed notes corrected to read ‘‘section 509(a), Diacetyl. This meeting is a continuation from the stakeholder meeting, as well as 4942(j)(3), or 4943(f),’’. of OSHA’s information collection efforts news releases and other relevant
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information, will also be available on have the highest exposures to butter of view. To make the stakeholder OSHA’s Web page at http:// flavoring vapors containing diacetyl in meeting as productive as possible, www.osha.gov. the plants. OSHA is not aware of any OSHA requests that interested parties FOR FURTHER INFORMATION CONTACT: new cases of serious airways disease attending the stakeholder meeting be Michael Seymour, Director, OSHA, consistent with bronchiolitis obliterans prepared to discuss the following issues Office of Physical Hazards, Directorate among microwave popcorn relating to occupational exposure to of Standards and Guidance, Room N– manufacturing employees since 2003. diacetyl and food flavorings containing Obstructive airway disease 3718, U.S. Department of Labor, 200 diacetyl in their respective industries, compatible with bronchiolitis obliterans Constitution Avenue, NW., Washington, occupations, or operations: has been recognized in other related DC 20210; telephone (202) 693–1950. • Uses of diacetyl and food flavorings work settings. There have been at least SUPPLEMENTARY INFORMATION: containing diacetyl; fifteen cases of this disease identified in • Approaches to exposure Background the food flavor manufacturing industry. assessment; Job history information indicates that On July 26, 2006, the United Food • Available exposure data; the injured employees blended and and Commercial Workers International • mixed powder and/or liquid flavorings, Controls (including substitutes) Union (UFCW) and the International including artificial butter flavorings utilized to minimize exposure to Brotherhood of Teamsters (IBT) containing diacetyl. Available exposure diacetyl and food flavorings containing petitioned DOL for an Emergency monitoring shows that air levels of diacetyl; and Temporary Standard (ETS) for all • diacetyl and other butter flavoring Medical screening and surveillance. employees exposed to diacetyl, a major chemicals during powdered flavoring The stakeholder meeting will begin component in artificial butter flavoring. production were similar to those with OSHA’s presentation on Agency The petitioners cited evidence from the measured in the mixing areas of perspectives related to occupational National Institute for Occupational microwave popcorn plants where exposure to diacetyl and food flavorings Safety and Health’s (NIOSH) Health elevated airways disease was found. containing diacetyl followed by Hazard Evaluations (HHE) showing that Efforts are underway to better stakeholder questions. OSHA will some employees exposed to butter understand the extent of flavoring- devote the remainder of the meeting to flavorings developed bronchiolitis related airways disease in this industry informal discussions on the topics obliterans, a debilitating and potentially and the exposure levels during high-risk above and related issues. Meeting fatal disease of the small airways in the job operations. participants are not expected to prepare lung. The petitioners also cited Three cases of severe airways and present formal testimony. experimental evidence showing that obstruction consistent with inhalation exposure to artificial butter bronchiolitis obliterans were identified Public Participation—Submission of flavoring vapors and diacetyl damaged among a group of 102 production Notices of Intention To Attend tissue lining the nose and airways of process operators who worked at a You must submit, by October 10, rats and mice. Diacetyl and a number of diacetyl production plant in the 2007, a notice of intention to attend if other volatile organic compounds are Netherlands. Although exposure you wish to participate in or observe the used to manufacture artificial butter monitoring at the plant was limited, the stakeholder meeting. You may submit food flavorings. These food flavorings available data indicate that diacetyl air your notice of intention to attend the are used by various food manufacturers levels during certain production tasks stakeholder meeting (1) Electronically, in a multitude of food products were in the range found during mixing (2) by facsimile, (3) by telephone, or (4) including microwave popcorn, certain operations in microwave popcorn and by hard copy. bakery goods, and some snack foods. diacetyl-containing food flavor Notices of intention to attend the Most of the available evidence manufacture. The injured employees are stakeholder meeting must include the regarding the development of also known to have been exposed to the following information: bronchiolitis obliterans among butter flavoring compounds, acetoin and • employees exposed to food flavorings Name and contact information; acetaldehyde, in addition to diacetyl. • Affiliation (e.g., organization, containing diacetyl comes from There is little information available investigations of the microwave association), if any; on the use of food flavorings containing • popcorn production industry. diacetyl in other workplaces. There are Whether you wish to be an active Bronchiolitis obliterans was first likely to be thousands of worksites participant or observer; and • reported in eight former employees of where such flavorings are used and Whether you need any special the same microwave popcorn plant. OSHA is seeking information on the accommodations in order to attend or Subsequent HHEs conducted by NIOSH nature of the flavoring formulations participate in a stakeholder meeting. from 2000–2004 at this and other used, the processes in which they are This document, as well as news microwave popcorn facilities uncovered used, the extent there is employee releases and other relevant information, additional employees with fixed airway exposure, and the use and effectiveness also are available at OSHA’s Web page obstruction disease consistent with of control measures. It is likely that at at http://www.osha.gov. bronchiolitis obliterans. Employees who least some, if not many, of these Authority and Signature routinely poured butter flavoring into workplaces may be using food heated, open mixing tanks without flavorings in a fashion similar to that This notice was prepared under the respiratory protection or operated seen in microwave popcorn direction of Edwin G. Foulke, Jr., packaging equipment in the vicinity of manufacturing. The available evidence Assistant Secretary of Labor for the mixing tanks experienced higher for disease in this industry is sparse. Occupational Safety and Health. It is than expected rates of certain issued under Sections 4 and 8 of the respiratory symptoms (e.g., chronic Stakeholder Meeting Occupational Safety and Health Act of cough, shortness of breath upon The stakeholder meeting will be an 1970 (29 U.S.C. 653, 657), and Secretary exertion, wheezing) and airways opportunity for informal discussion and of Labor’s Order No. 5–2007 (72 FR obstruction. These employees tended to the exchange of data, ideas, and points 31160).
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Signed at Washington, DC, on this 21st day the Treasury to regulate the practice of the tax treatment of each position on the of September, 2007. representatives before the Treasury return would more likely than not be Edwin G. Foulke, Jr., Department. Pursuant to section 330 of sustained on its merits, or there is a Assistant Secretary of Labor for Occupational title 31, the Secretary has published the reasonable basis for each position and Safety and Health. regulations in Circular 230 (31 CFR part each position is adequately disclosed to [FR Doc. E7–19087 Filed 9–25–07; 8:45 am] 10). the Internal Revenue Service. A BILLING CODE 4510–26–P On May 25, 2007, the President practitioner may not advise a client to signed into law the Small Business and take a position on a tax return, or Work Opportunity Tax Act of 2007, prepare the portion of a tax return on DEPARTMENT OF THE TREASURY Public Law 110–28 (121 Stat. 190), which a position is taken, unless: (1) which amended several provisions of The practitioner has a reasonable belief Office of the Secretary the Internal Revenue Code to extend the that the position satisfies the more application of the income tax return likely than not standard; or (2) the 31 CFR Part 10 preparer penalties to all tax return position has a reasonable basis and is preparers, alter the standards of conduct adequately disclosed to the Internal [REG–138637–07] that must be met to avoid imposition of Revenue Service. The definitions of RIN 1545–BH01 the penalties for preparing a return that ‘‘more likely than not’’ and ‘‘reasonable reflects an understatement of liability, basis’’ under § 10.34(e) also are Regulations Governing Practice Before and increase applicable penalties. On proposed to be amended to reflect these the Internal Revenue Service June 11, 2007, the IRS released Notice changes in accordance with the well- 2007–54, 2007–27 IRB 1 (see established definitions of these terms AGENCY: Office of the Secretary, § 601.601(d)(2)(ii)(b)), providing under the section 6662 penalty Treasury. guidance and transitional relief for the regulations. ACTION: Notice of proposed rulemaking. return preparer provisions under section On June 11, 2007, the IRS released 6694 of the Internal Revenue Code, as Notice 2007–54, 2007–27 IRB 1 (see SUMMARY: This document contains recently amended. § 601.601(d)(2)(ii)(b)), providing proposed modifications of the Final regulations are, simultaneously guidance and transitional relief for the regulations governing practice before to these proposed regulations, being return preparer provisions under section the IRS (Circular 230). These proposed promulgated on September 26, 2007 6694 of the Code, as recently amended. regulations affect individuals who modifying the general standards of In order to apply § 10.34 of these practice before the IRS. The proposed practice before the IRS under Circular regulations consistently with the amendments modify § 10.34 of Circular 230. Those final regulations finalize the transitional relief under Notice 2007–54, 230 relating to standards with respect to standards with respect to documents, § 10.34(a) and (e) are proposed to apply tax returns. affidavits and other papers as proposed, to returns filed or advice provided on or DATES: Written or electronic comments with modifications. Those final after the date that final regulations are and requests for a public hearing must regulations, however, do not finalize the published in the Federal Register, but be received by October 26, 2007. standards with respect to tax returns no earlier than January 1, 2008. under § 10.34(a) and the definitions ADDRESSES: Send submissions to: Proposed Effective Date CC:PA:LPD:PR (REG–138637–07), room under § 10.34(e) because of the 5203, Internal Revenue Service, PO Box amendments made by the Small These regulations are proposed to 7604, Ben Franklin Station, Washington, Business and Work Opportunity Tax apply to returns filed or advice provided Act of 2007. Rather, the Treasury DC 20044. Submissions may be hand on or after the date that final regulations Department and the IRS are reserving delivered Monday through Friday are published in the Federal Register, § 10.34(a) and (e) in those final between the hours of 8 a.m. and 4 p.m. but no earlier than January 1, 2008. regulations and are simultaneously to: CC:PA:LPD:PR (REG–138637–07), Special Analyses issuing this notice of proposed Courier’s Desk, Internal Revenue rulemaking proposing to amend this It has been determined that this notice Service, 1111 Constitution Avenue, part to reflect these recent amendments of proposed rulemaking is not a NW., Washington, DC, or sent to the Code. significant regulatory action as defined electronically via the Federal The Treasury Department and the IRS in Executive Order 12866. Therefore, a eRulemaking Portal at http:// have determined that the professional regulatory assessment is not required. www.regulations.gov (IRS REG–138637– standards under § 10.34 of Circular 230 It is hereby certified, under the 07). should conform with the civil penalty provisions of the Regulatory Flexibility FOR FURTHER INFORMATION CONTACT: standards for return preparers. Act (5 U.S.C. 601 et seq.), that these Concerning the proposed regulations, Previously, for example, on June 20, regulations will not have a significant Matthew S. Cooper at (202) 622–4940; 1994 (59 FR 31523), the regulations economic impact on a substantial concerning submissions of comments were modified to reflect more closely number of small entities. Persons and request for a public hearing, Kelly the rules under section 6694 and authorized to practice have long been Banks of the Publications and professional guidelines. The standards required to comply with certain Regulation Branch at (202) 622–7180 with respect to tax returns in § 10.34(a) standards of conduct when practicing (not toll-free numbers). of these proposed regulations have been before the Internal Revenue Service. The SUPPLEMENTARY INFORMATION: amended to reflect changes to section general requirements of these 6694(a) of the Internal Revenue Code regulations are substantially the same as Background and Explanation of made by the Small Business and Work the recent Congressional amendments to Provisions Opportunity Tax Act of 2007. section 6694 of the Code by the Small This document contains proposed Under § 10.34(a) of these proposed Business and Work Opportunity Act of amendments to § 10.34 of Circular 230. regulations, a practitioner may not sign 2007. Practitioners already enroll in Section 330 of title 31 of the United a tax return as a preparer unless the educational seminars or training States Code authorizes the Secretary of practitioner has a reasonable belief that programs to keep up to date with the
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latest changes to the Internal Revenue Paragraph 2. Section 10.34(a) and (e), after the date that final regulations are Code, the provisions of the Act, and and paragraph (f) is revised to read as published in the Federal Register, but Circular 230, and the proposed follows: no earlier than January 1, 2008. regulations will generally be covered as Linda E. Stiff, part of that training. These regulations § 10.34 Standards with respect to tax returns and documents, affidavits and other will not impose, or otherwise cause, a Deputy Commissioner for Services and papers. Enforcement. significant increase in reporting, (a) Tax returns. A practitioner may recordkeeping, or other compliance Approved: September 19, 2007. not sign a tax return as a preparer unless burdens on a substantial number of Robert Hoyt, the practitioner has a reasonable belief small entities. A regulatory flexibility General Counsel, Office of the Secretary. that the tax treatment of each position analysis, therefore, is not required. [FR Doc. E7–18919 Filed 9–25–07; 8:45 am] on the return would more likely than Pursuant to section 7805(f) of the BILLING CODE 4830–01–P not be sustained on its merits (the more Internal Revenue Code, this regulation likely than not standard), or there is a has been submitted to the Chief Counsel reasonable basis for each position and for Advocacy of the Small Business each position is adequately disclosed to LIBRARY OF CONGRESS Administration for comment on the the Internal Revenue Service. A regulations’ impact on small businesses. Copyright Royalty Board practitioner may not advise a client to Comments and Requests for Public take a position on a tax return, or 37 CFR Part 381 Hearing prepare the portion of a tax return on which a position is taken, unless— [Docket No. 2006–2 CRB NCBRA] Before these proposed regulations are (1) The practitioner has a reasonable adopted as final regulations, belief that the position satisfies the more Noncommercial Educational consideration will be given to any likely than not standard; or Broadcasting Statutory License written (a signed original and eight (8) (2) The position has a reasonable basis AGENCY: Copyright Royalty Board, copies) or electronic comments that are and is adequately disclosed to the Library of Congress. submitted timely to the IRS. The IRS Internal Revenue Service. and Treasury Department request ACTION: Notice of proposed rulemaking. comments on the substance of the * * * * * (e) Definitions. For purposes of this proposed regulations, as well as on the SUMMARY: The Copyright Royalty Judges section— clarity of the proposed rules and how are publishing for comment certain (1) More likely than not. A royalty rates for use of a musical work they can be made easier to understand. practitioner is considered to have a All comments will be available for in a Public Broadcasting Service- reasonable belief that the tax treatment distributed program pursuant to the public inspection and copying. A public of a position is more likely than not the hearing will be scheduled if requested noncommercial educational proper tax treatment if the practitioner broadcasting statutory license contained in writing by any person that timely analyzes the pertinent facts and submits written comments. If a public in the Copyright Act. The rates authorities, and based on that analysis published herein correct an error in the hearing is scheduled, notice of the date, reasonably concludes, in good faith, that time, and place for the public hearing rates published for comment in the there is a greater than fifty-percent Federal Register on April 17, 2007. will be published in the Federal likelihood that the tax treatment will be DATES: Register. upheld if the IRS challenges it. The Comments and objections, if any, are due on or before October 26, 2007. Drafting Information authorities described in 26 CFR 1.6662– 4(d)(3)(iii), or any successor provision, ADDRESSES: Comments and objections The principal author of these of the substantial understatement may be sent electronically to regulations is Matthew S. Cooper of the penalty regulations may be taken into [email protected]. In the alternative, send an Office of the Associate Chief Counsel account for purposes of this analysis. original, five copies and an electronic (Procedure and Administration). (2) Reasonable basis. A position is copy on a CD either by mail or hand List of Subjects in 31 CFR Part 10 considered to have a reasonable basis if delivery. Please do not use multiple it is reasonably based on one or more of means of transmission. Comments and Accountants, Administrative practice the authorities described in 26 CFR objections may not be delivered by an and procedure, Lawyers, Reporting and 1.6662–4(d)(3)(iii), or any successor overnight delivery service other than the recordkeeping requirements, Taxes. provision, of the substantial U.S. Postal Service Express Mail. If by Proposed Amendments to the understatement penalty regulations. mail (including overnight delivery), Regulations Reasonable basis is a relatively high comments and objections must be standard of tax reporting, that is, addressed to: Copyright Royalty Board, Accordingly, 31 CFR part 10 is significantly higher than not frivolous or P.O. Box 70977, Washington, DC 20024– proposed to be amended to read as not patently improper. The reasonable 0977. If hand delivered by a private follows: basis standard is not satisfied by a party, comments and objections must be PART 10—PRACTICE BEFORE THE return position that is merely arguable brought to the Copyright Office Public INTERNAL REVENUE SERVICE or that is merely a colorable claim. The Information Office, Library of Congress, possibility that a tax return will not be James Madison Memorial Building, Paragraph 1. The authority citation audited, that an issue will not be raised Room LM–401, 101 Independence for 31 CFR part 10 continues to read as on audit, or that an issue will be settled Avenue, SE., Washington, DC 20559– follows: may not be taken into account. 6000. If delivered by a commercial Authority: Sec. 3, 23 Stat. 258, secs. 2–12, (3) Frivolous. A position is frivolous courier, comments and objections must 60 Stat. 237 et seq.; 5 U.S.C. 301, 500, 551– if it is patently improper. be delivered between 8:30 a.m. and 4 559; 31 U.S.C. 321; 31 U.S.C. 330; Reorg. Plan (f) Effective/applicability date. p.m. to the Congressional Courier No. 26 of 1950, 15 FR 4935, 64 Stat. 1280, Section 10.34(a) and (e) is applicable for Acceptance Site located at 2nd and D 3 CFR, 1949–1953 Comp., p. 1017. returns filed or advice provided on or Street, NE., Washington, DC, and the
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envelope must be addressed to: them if one exists, that the agreement does 2008–2012 Copyright Royalty Board, Library of not provide a reasonable basis for setting Congress, James Madison Memorial statutory terms or rates. (B) Concert feature (per minute) $34.26 Building, LM–403, 101 Independence 17 U.S.C. 801(b)(7)(A). Accordingly, the (C) Background ...... $457.66 Avenue, SE., Washington, DC 20559– Judges published the joint proposal, (D) Theme: 6000. with certain modifications, pursuant to (1) Single program or first this provision. See 72 FR at 19139 series program ...... $57.66 FOR FURTHER INFORMATION CONTACT: (2) Other series program ..... $23.41 Richard Strasser, Senior Attorney, or (April 17, 2007). Comments were due on or before May 17, 2007. Gina Giuffreda, Attorney-Advisor, by * * * * * In response to the notice, the Judges telephone at (202) 707–7658 or e-mail at Dated: September 20, 2007. [email protected]. received only one comment, which was jointly submitted by NPR and PBS. The James Scott Sledge, SUPPLEMENTARY INFORMATION: parties stated in pertinent part that due Chief Copyright Royalty Judge. Background to ‘‘an inadvertent administrative error [FR Doc. E7–18939 Filed 9–25–07; 8:45 am] On April 17, 2007, the Copyright [in the parties’ joint proposal], some of BILLING CODE 1410–72–P Royalty Judges (‘‘Judges’’) published a the NPR and PBS proposed royalty rates notice in the Federal Register * * * were incorrectly transcribed,’’ thereby making the rates proposed in requesting comment on proposed ENVIRONMENTAL PROTECTION regulations that set rates and terms for § 381.7(b)(1)(i) ‘‘incorrect.’’ Joint Comments of National Public Radio and AGENCY the noncommercial educational Public Broadcasting Service, filed May broadcasting statutory license under 40 CFR Part 52 15, 2007, at 2. They then set out the section 118 of the Copyright Act, title 17 intended rates, which were lower than of the United States Code, for the [EPA–R06–OAR–2007–0886; FRL–8473–4] those published on April 17. Id. license period 2008–2012. 72 FR 19138. Consequently, as required by section Approval and Promulgation of These proposed rates and terms were 801(b)(7)(A), the Judges are publishing Implementation Plans; Arkansas; part of a joint proposal submitted on for comment rates correcting those Clean Air Interstate Rule Nitrogen March 15, 2007, by the following parties previously proposed in § 381.7(b)(1)(i). Oxides Ozone Season Trading to this proceeding: the American Therefore, the public may comment and Program Council on Education (‘‘ACE’’); the object only to the rates contained in American Society of Composers, today’s notice of proposed rulemaking. AGENCY: Environmental Protection Authors and Publishers (‘‘ASCAP’’); Those who do comment and object, Agency (EPA). Broadcast Music, Inc. (‘‘BMI’’); the however, must be prepared to ACTION: Proposed rule. Harry Fox Agency (‘‘HFA’’); the participate in further proceedings in this National Music Publishers’ Association, docket to establish rates and terms for SUMMARY: EPA is proposing to approve Inc. (‘‘NMPA’’); National Public Radio, the section 118 license. a revision to the Arkansas State Inc. (‘‘NPR’’); the National Religious Implementation Plan (SIP) submitted on Broadcasters Noncommerical Music List of Subjects in 37 CFR Part 381 August 10, 2007, enacted at Regulation License Committee (‘‘NRBNMLC’’); the Copyright, Music, Radio, Television, 19—Arkansas Plan of Implementation Public Broadcasting Service (‘‘PBS’’) Rates. for Air Pollution Control; Chapter 14, and SESAC, Inc. Sections 19.1401–19.1404; and Chapter Section 801(b)(7)(A) of the Copyright Proposed Regulations 15, Section 19.1501. This revision Act allows the Judges to adopt such a For the reasons set forth in the addresses the requirements of EPA’s proposal, which would be binding on preamble, the Copyright Royalty Judges Clean Air Interstate Rule (CAIR) all copyright owners and public propose to amend part 381 to Chapter III Nitrogen Oxides (NOX) Ozone Season broadcasting entities,1 provided that: of title 37 of the Code of Federal Trading Program, promulgated on May (i) the Copyright Royalty Judges shall Regulations, as proposed on April 17, 12, 2005 and subsequently revised on provide to those that would be bound by the 2007 (72 FR 19138), to read as follows: April 28 and December 13, 2006. EPA terms, rates, or other determination set by is proposing to determine that the SIP any agreement in a proceeding to determine PART 381—USE OF CERTAIN revision fully implements the CAIR COPYRIGHTED WORKS IN royalty rates an opportunity to comment on NOX ozone season requirements for the agreement and shall provide to CONNECTION WITH Arkansas. Therefore, as a consequence participants in the proceeding under section NONCOMMERCIAL EDUCATIONAL of the SIP approval, EPA will also 803(b)(2) that would be bound by the terms, BROADCASTING rates, or other determination set by the withdraw the CAIR Federal agreement an opportunity to comment on the 1. The authority citation for proposed Implementation Plan (CAIR FIP) agreement and object to its adoption as a part 381 continues to read as follows: concerning NOX emissions for Arkansas. basis for statutory terms and rates; and The CAIR FIPs for all States in the CAIR (ii) the Copyright Royalty Judges may Authority: 17 U.S.C. 118, 801(b)(1) and 803. region were promulgated on April 28, decline to adopt the agreement as a basis for 2006 and subsequently revised on statutory terms and rates for participants that 2. Section 381.7 is amended by December 13, 2006. are not parties to the agreement, if any revising paragraphs (b)(1)(i) (A) through The intended effect of this action is to participant described in clause (i) objects to (D) as follows: the agreement and the Copyright Royalty reduce NOX emissions from the State of Judges conclude, based on the record before § 381.7 Recording rights, rates and terms. Arkansas that are contributing to nonattainment of the 8-hour ozone * * * * * 1 A ‘‘public broadcasting entity’’ is defined as a (b) * * * (1)(i)* * * National Ambient Air Quality Standard ‘‘noncommercial educational broadcast station as (NAAQS or standard) in downwind defined in section 397 of title 47 and any nonprofit states. This action is being taken under institution or organization engaged in the activities 2008–2012 described in paragraph (2) of subsection (c)’’ of section 110 of the Federal Clean Air Act section 118. (A) Feature ...... $114.09 (the Act or CAA).
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DATES: Comments must be received on ENVIRONMENTAL PROTECTION rule. If no relevant adverse comments or before October 26, 2007. AGENCY are received in response to this action, no further activity is contemplated in ADDRESSES: Comments may be mailed to 40 CFR Part 52 relation to this action. If EPA receives Mr. Jeff Robinson, Chief, Air Permits [EPA–R07–OAR–2007–0926; FRL–8471–8] relevant adverse comments, the direct Section (6PD–R), Environmental final rule will be withdrawn and all Protection Agency, 1445 Ross Avenue, Approval and Promulgation of public comments received will be Suite 1200, Dallas, Texas 75202–2733. Implementation Plans; State of addressed in a subsequent final rule Comments may also be submitted Missouri based on this proposed action. EPA will electronically or through hand delivery/ not institute a second comment period courier by following the detailed AGENCY: Environmental Protection on this action. Any parties interested in instructions in the ADDRESSES section of Agency (EPA). commenting on this action should do so the direct final rule located in the rules ACTION: Proposed rule. at this time. Please note that if EPA section of this Federal Register. receives adverse comment on part of SUMMARY: EPA is proposing to approve this rule and if that part can be severed FOR FURTHER INFORMATION CONTACT: If a revision to the Missouri State from the remainder of the rule, EPA may you have questions concerning today’s Implementation Plan (SIP) that will adopt as final those parts of the rule that proposal, please contact Ms. Adina fulfill the condition of a previously- are not the subject of an adverse Wiley (6PD–R), Air Permits Section, published approval (July 11, 2006). The comment. For additional information, Environmental Protection Agency, revision will amend the Construction see the direct final rule that is located Region 6, 1445 Ross Avenue (6PD–R), Permits By Rule and require a in the rules section of this Federal Suite 1200, Dallas, TX 75202–2733. The preconstruction review period before Register. telephone number is (214) 665–2115. sources may begin construction. Dated: September 13, 2007. Ms. Wiley can also be reached via DATES: Comments on this proposed electronic mail at [email protected]. action must be received in writing by John B. Askew, October 26, 2007. Regional Administrator, Region 7. SUPPLEMENTARY INFORMATION: In the ADDRESSES: Submit your comments, [FR Doc. E7–18791 Filed 9–25–07; 8:45 am] final rules section of this Federal identified by Docket ID No. EPA–R07– BILLING CODE 6560–50–P Register, EPA is approving the State’s OAR–2007–0926 by one of the following SIP submittal as a direct final rule methods: without prior proposal because the 1. http://www.regulations.gov: Follow DEPARTMENT OF HOMELAND Agency views this as a noncontroversial the on-line instructions for submitting SECURITY submittal and anticipates no relevant comments. adverse comments. A detailed rationale 2. E-mail: [email protected]. Federal Emergency Management for the approval is set forth in the direct 3. Mail: Amy Algoe-Eakin, Agency final rule. If no relevant adverse Environmental Protection Agency, Air comments are received in response to Planning and Development Branch, 901 44 CFR Part 67 this action, no further activity is North 5th Street, Kansas City, Kansas [Docket No. FEMA–B–7736 & D–7820] contemplated. If EPA receives relevant 66101. adverse comments, the direct final rule 4. Hand Delivery or Courier: Deliver Proposed Flood Elevation will be withdrawn and all public your comments to: Amy Algoe-Eakin, Determinations comments received will be addressed in Environmental Protection Agency, Air AGENCY: Federal Emergency a subsequent final rule based on this Planning and Development Branch, 901 Management Agency, DHS. proposed rule. EPA will not institute a North 5th Street, Kansas City, Kansas ACTION: second comment period. Any parties 66101. Such deliveries are only Proposed rule. interested in commenting on this action accepted during the Regional Office’s normal hours of operation. The Regional SUMMARY: Technical information or should do so at this time. Please note Office’s official hours of business are comments are requested on the that if EPA receives adverse comment Monday through Friday, 8 to 4:30, proposed Base (1% annual chance) on an amendment, paragraph, or section excluding legal holidays. Flood Elevations (BFEs) and proposed of the rule, and if that provision may be Please see the direct final rule that is BFEs modifications for the communities severed from the remainder of the rule, located in the Rules section of this listed below. The BFEs are the basis for EPA may adopt as final those provisions Federal Register for detailed the floodplain management measures of the rule that are not the subject of an instructions on how to submit that the community is required either to adverse comment. comments. adopt or to show evidence of being For additional information, see the already in effect in order to qualify or FOR FURTHER INFORMATION CONTACT: remain qualified for participation in the direct final rule which is located in the Amy Algoe-Eakin at (913) 551–7942, or rules section of this Federal Register. National Flood Insurance Program by e-mail at [email protected]. (NFIP). Dated: September 18, 2007. SUPPLEMENTARY INFORMATION: In the final rules section of the Federal DATES: The comment period is ninety Richard E. Greene, (90) days following the second Regional Administrator, EPA Region 6. Register, EPA is approving the state’s SIP revision as a direct final rule publication of this proposed rule in a [FR Doc. E7–18964 Filed 9–25–07; 8:45 am] without prior proposal because the newspaper of local circulation in each BILLING CODE 6560–50–P Agency views this as a noncontroversial community. revision amendment and anticipates no ADDRESSES: The proposed BFEs for each relevant adverse comments to this community are available for inspection action. A detailed rationale for the at the office of the Chief Executive approval is set forth in the direct final Officer of each community. The
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respective addresses are listed in the Federal, State or regional entities. These Executive Order 13132, Federalism. table below. proposed elevations are used to meet This proposed rule involves no policies FOR FURTHER INFORMATION CONTACT: the floodplain management that have federalism implications under William R. Blanton, Jr., Engineering requirements of the NFIP and are also Executive Order 13132. Management Section, Mitigation used to calculate the appropriate flood Executive Order 12988, Civil Justice Division, Federal Emergency insurance premium rates for new Reform. This proposed rule meets the Management Agency, 500 C Street, SW., buildings built after these elevations are applicable standards of Executive Order Washington, DC 20472, (202) 646–3151. made final, and for the contents in these 12988. SUPPLEMENTARY INFORMATION: The buildings. List of Subjects in 44 CFR Part 67 Federal Emergency Management Agency National Environmental Policy Act. Administrative practice and (FEMA) proposes to make This proposed rule is categorically determinations of BFEs and modified procedure, Flood insurance, Reporting excluded from the requirements of 44 and recordkeeping requirements. BFEs for each community listed below, CFR part 10, Environmental in accordance with section 110 of the Consideration. An environmental Accordingly, 44 CFR part 67 is Flood Disaster Protection Act of 1973, impact assessment has not been proposed to be amended as follows: 42 U.S.C. 4104, and 44 CFR 67.4(a). prepared. PART 67—[AMENDED] These proposed BFEs and modified BFEs, together with the floodplain Regulatory Flexibility Act. As flood elevation determinations are not within 1. The authority citation for part 67 management criteria required by 44 CFR continues to read as follows: 60.3, are the minimum that are required. the scope of the Regulatory Flexibility Authority: 42 U.S.C. 4001 et seq.; They should not be construed to mean Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Reorganization Plan No. 3 of 1978, 3 CFR, that the community must change any 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, existing ordinances that are more Regulatory Classification. This 3 CFR, 1979 Comp., p. 376. stringent in their floodplain proposed rule is not a significant management requirements. The regulatory action under the criteria of § 67.4 [Amended] community may at any time enact section 3(f) of Executive Order 12866 of 2. The tables published under the stricter requirements of its own, or September 30, 1993, Regulatory authority of § 67.4 are proposed to be pursuant to policies established by other Planning and Review, 58 FR 51735. amended as follows:
*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified
Cabarrus County, North Carolina and Incorporated Areas
Rocky River Tributary 14 ...... Approximately 500 feet upstream of the confluence None +561 Town of Harrisburg. with Rocky River. Approximately 1,700 feet upstream of Rocky River None +574 Crossing Road.
*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES Town of Harrisburg Maps are available for inspection at the Harrisburg Town Hall, 4100 Main Street, Suite 101, Harrisburg, North Carolina. Send comments to The Honorable Tim Hagler, Mayor of the Town of Harrisburg, P.O. Box 100, Harrisburg, North Carolina 28075.
Chowan County, North Carolina and Incorporated Areas
Filberts Creek ...... Approximately 250 feet downstream of Virginia Road/ None +7 Town of Edenton. NC Highway 32. Approximately 1,120 feet upstream of Virginia Road/ None +14 NC Highway 32. Northeast Tributary of Queen At the confluence with Queen Anne Creek ...... +10 +7 Unincorporated Areas of Anne Creek. Chowan County. Approximately 920 feet upstream of the confluence None +12 with Northeast Tributary of Queen Anne Creek Tributary 1. Tributary 1 ...... At the confluence with Northeast Tributary of Queen None +8 Unincorporated Areas of Anne Creek. Chowan County. Approximately 1,150 feet upstream of the confluence None +14 with Northeast Tributary of Queen Anne Creek. At the confluence with Queen Anne Creek ...... +10 +7 Unincorporated Areas of Chowan County, Town of Edenton. Approximately 80 feet downstream of Railroad ...... None +16 Pembroke Creek ...... At Wildcat Road (State Road 1208) ...... None +7 Unincorporated Areas of Chowan County.
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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified
Approximately 1.2 miles upstream of the confluence None +13 with Pembroke Creek Tributary 8. Tributary 1 ...... Approximately 0.5 mile upstream of the confluence None +8 Unincorporated Areas of with Pembroke Creek. Chowan County. Approximately 330 feet downstream of VS Road/NC None +16 Highway 32. Tributary 2 ...... At the confluence with Pembroke Creek ...... None +7 Unincorporated Areas of Chowan County. Approximately 0.4 mile upstream of the confluence None +8 with Pembroke Creek. Tributary 3 ...... At the confluence with Pembroke Creek ...... None +7 Unincorporated Areas of Chowan County. Approximately 0.5 mile upstream of the confluence None +8 with Pembroke Creek. Tributary 4 ...... At the confluence with Pembroke Creek ...... None +7 Unincorporated Areas of Chowan County. Approximately 1.4 miles upstream of Greenhall Road None +15 (State Road 1316). Tributary 5 ...... At the confluence with Pembroke Creek ...... None +8 Unincorporated Areas of Chowan County. Approximately 0.6 mile upstream of Greenhall Road None +13 (State Road 1316). Tributary 6 ...... At the confluence with Pembroke Creek ...... None +10 Unincorporated Areas of Chowan County. Approximately 1,620 feet upstream of the confluence None +11 with Pembroke Creek. Tributary 7 ...... At the confluence with Pembroke Creek ...... None +11 Unincorporated Areas of Chowan County. Approximately 1,700 feet upstream of the confluence None +11 with Pembroke Creek. Tributary 8 ...... At the confluence with Pembroke Creek ...... None +12 Unincorporated Areas of Chowan County. Approximately 0.5 mile upstream of the confluence None +12 with Pembroke Creek Tributary 8A. Tributary 8A ...... At the confluence with Pembroke Creek Tributary 8 .. None +12 Unincorporated Areas of Chowan County. Approximately 0.5 mile upstream of the confluence None +12 with Pembroke Creek Tributary 8. Queen Anne Creek ...... Just downstream of Paxton Lane ...... +7 +6 Unincorporated Areas of Chowan County, Town of Edenton. Approximately 490 feet upstream of U.S. 17 BYP ..... None +15 Rockyhock Creek ...... At Rocky Hock Road (State Road 1222) ...... None +7 Unincorporated Areas of Chowan County. Approximately 0.8 mile upstream of NC Highway 32 None +29 Tributary 1 ...... At the confluence with Rockyhock Creek ...... None +7 Unincorporated Areas of Chowan County. Approximately 0.6 mile upstream of the confluence None +9 with Rockyhock Creek. Tributary 2 ...... At the confluence with Rockyhock Creek ...... None +8 Unincorporated Areas of Chowan County. Approximately 0.9 mile upstream of the confluence None +9 with Rockyhock Creek. Tributary 3 ...... At the confluence with Rockyhock Creek ...... None +11 Unincorporated Areas of Chowan County. Approximately 0.8 mile upstream of Rocky Hock None +15 Landing Road (State Road 1224). Tributary 3A ...... At the confluence with Rockyhock Creek Tributary 3 None +11 Unincorporated Areas of Chowan County. Approximately 0.6 mile upstream of the confluence None +15 with Rockyhock Creek Tributary 3. Tributary 4 ...... At the confluence with Rockyhock Creek ...... None +11 Unincorporated Areas of Chowan County. Approximately 100 feet downstream of Nixon Road None +14 (State Road 1225). Tributary 5 ...... At the confluence with Rockyhock Creek ...... None +11 Unincorporated Areas of Chowan County.
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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified
Approximately 350 feet downstream of Cisco Road None +36 (State Road 1314). Tributary 5A ...... At the confluence with Rockyhock Creek Tributary 5 None +20 Unincorporated Areas of Chowan County. Approximately 0.5 mile upstream of the confluence None +25 with Rockyhock Creek Tributary 5. Tributary 6 ...... At the confluence with Rockyhock Creek ...... None +12 Unincorporated Areas of Chowan County. Approximately 0.4 mile upstream of Rocky Hock None +15 Landing Road (State Road 1224). Tributary 7 ...... At the confluence with Rockyhock Creek ...... None +15 Unincorporated Areas of Chowan County. Approximately 0.8 mile upstream of the confluence None +18 with Rockyhock Creek. Tributary 8 ...... At the confluence with Rockyhock Creek ...... None +15 Unincorporated Areas of Chowan County. Approximately 150 feet downstream of NC Highway None +22 32.
*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES Town of Edenton Maps are available for inspection at Edenton Town Hall, 400 South Broad Street, Edenton, North Carolina. Send comments to Ms. Anne-Marie Knighton, Edenton Town Manager, P.O. Box 300, Edenton, North Carolina 27932. Unincorporated Areas of Chowan County Maps are available for inspection at Chowan County Planning Department, 108 East King Street, Edenton, North Carolina. Send comments to Mr. Luther C. Copeland, Jr., Chowan County Manager, P.O. Box 1030, Edenton, North Carolina 27932.
Macon County, North Carolina and Incorporated Areas
Allison Creek ...... The confluence with Jones Creek ...... None +2,232 Unincorporated Areas of Macon County. Approximately 0.5 mile upstream of Southards Road None +2,492 (State Road 1133). Beasely Creek ...... At the confluence with Cowee Creek ...... None +2,179 Unincorporated Areas of Macon County. Approximately 215 feet downstream of Goshen Road None +2,269 (State Road 1347). Big Creek ...... The confluence with Cullasaja River ...... None +3,606 Unincorporated Areas of Macon County, Town of Highlands. Approximately 25 feet downstream of the confluence None +3,837 of Houston Branch. Brooks Creek ...... The confluence with Clear Creek ...... None +2,477 Unincorporated Areas of Macon County. Approximately 0.4 mile upstream of the confluence None +2,483 with Clear Creek. Burningtown Creek ...... At the confluence with Little Tennessee River ...... None +1,890 Unincorporated Areas of Macon County. Approximately 480 feet upstream of Younce Creek None +2,030 Road (State Road 1390). Caler Fork ...... The confluence with Cowee Creek ...... None +2,013 Unincorporated Areas of Macon County. Approximately 20 feet downstream of the confluence None +2,081 of Dalton Creek. Cartoogechaye Creek ...... The confluence of Little Tennessee River ...... None +2,024 Unincorporated Areas of Macon County, Town of Franklin. At the confluence of Jones Creek and Poplar Cove None +2,179 Creek. Cat Creek ...... The confluence with Rabbit Creek ...... None +2,046 Unincorporated Areas of Macon County. Approximately 0.5 mile upstream of Ferguson Road None +2,087 (State Road 1507).
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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified
Chattooga River ...... The North Carolina/Georgia state boundary ...... None +2,150 Unincorporated Areas of Macon County. At the confluence of Cane Creek ...... None +2,512 Clear Creek ...... The North Carolina/Georgia state boundary ...... None +2,467 Unincorporated Areas of Macon County. Approximately 390 feet upstream of Clear Creek None +2,498 Road (State Road 1613). Cold Spring Creek ...... The confluence with Whiteoak Creek ...... None +3,162 Unincorporated Areas of Macon County. Approximately 625 feet upstream of Cold Springs None +3,382 Creek Road (State Road 1397). Commissioner Creek ...... At the confluence with Little Tennessee River ...... None +2,099 Unincorporated Areas of Macon County. Approximately 0.8 mile upstream of the confluence None +2,159 with Little Tennessee River. Coon Creek ...... The confluence with Watuaga Creek ...... None +2,053 Unincorporated Areas of Macon County. Approximately 430 feet upstream of Brendle Road None +2,268 (State Road 1331). Cove Branch ...... The confluence with Cullasaja River ...... None +2,018 Unincorporated Areas of Macon County. Approximately 890 feet upstream of Hunnicutt Road None +2,065 (State Road 1664). Cowee Creek ...... The confluence with Little Tennessee River ...... None +1,958 Unincorporated Areas of Macon County. At the confluence of Beasley Creek and Mica City None +2,179 Creek. Coweeta Creek ...... The confluence with Little Tennessee River ...... None +2,047 Unincorporated Areas of Macon County. Approximately 490 feet upstream of the confluence of None +2,123 Howard Branch. Crawford Branch ...... The confluence with Little Tennessee River ...... None +2,012 Unincorporated Areas of Macon County, Town of Franklin. Approximately 660 feet upstream of Crawford Lane .. None +2,096 Cullasaja River ...... The confluence with Little Tennessee River ...... None +2017 Unincorporated Areas of Macon County, Town of Franklin, Town of High- lands. Approximately 200 feet upstream of Crescent Trail ... None +3979 Ellijay Creek ...... The confluence with Cullasaja River ...... None +2,054 Unincorporated Areas of Macon County. Approximately 60 feet upstream of Little Ellijay Road None +2,235 (State Road 1528). Jones Creek ...... At the confluence with Poplar Cove Creek and None +2,179 Unincorporated Areas of Cartoogechaye Creek. Macon County. At the confluence of Allison Creek ...... None +2,232 Little Tennessee River ...... The Macon/Swain County boundary ...... None +1,835 Unincorporated Areas of Macon County, Town of Franklin. Approximately 0.5 mile upstream of the confluence of None +2,100 Commissioner Creek. Tributary 5 ...... At the confluence with Little Tennessee River ...... None +2,015 Unincorporated Areas of Macon County, Town of Franklin. Approximately 720 feet upstream of John Justice None +2,104 Road (State Road 1509). Tributary 6 ...... At the confluence with Little Tennessee River ...... None +2,018 Unincorporated Areas of Macon County, Town of Franklin. Approximately 1.0 mile upstream of the confluence None +2,083 with Little Tennessee River. Lotla Creek ...... At the confluence with Little Tennessee River ...... None +1,972 Unincorporated Areas of Macon County. Approximately 0.7 mile upstream of Airport Road None +2,017 (State Road 1434). Lowery Creek ...... At the confluence with Jones Creek ...... None +2,191 Unincorporated Areas of Macon County.
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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified
Approximately 330 feet downstream of Anderson None +2,315 Creek Road (State Road 1302). Mashburn Branch ...... The confluence with Cullasaja River ...... None +2,027 Unincorporated Areas of Macon County. Approximately 0.5 mile upstream of Fulton Road None +2,094 (State Road 1668). Matlock Creek ...... The confluence with Cowee Creek ...... None +1,994 Unincorporated Areas of Macon County. The confluence with Rickman Creek ...... None +2,055 Middle Creek ...... The confluence with Little Tennessee River ...... None +2,064 Unincorporated Areas of Macon County. Approximately 155 feet downstream of the con- None +2149 fluence of Drymans Branch. Mill Creek ...... The confluence with Cartoogechaye Creek ...... None +2,091 Unincorporated Areas of Macon County. The confluence of Mint Branch ...... None +2,147 (Highlands) ...... The confluence with Cullasaja River ...... None +3,658 Town of Highlands. Approximately 150 feet downstream North 4th Street None +3,819 Monger Creek (Club Lake) ... The confluence with Cullasaja River ...... None +3,606 Unincorporated Areas of Macon County, Town of Highlands. Approximately 1,230 feet upstream of Hummingbird None +3,641 Lane. Nantahala River ...... Approximately 250 feet downstream of Macon/Swain None +1,961 Unincorporated Areas of County boundary. Macon County. Approximately 1.9 miles upstream of U.S. Highway None +3,320 64. North Fork Coweeta Creek .. The confluence with Coweeta Creek ...... None +2,094 Unincorporated Areas of Macon County. Approximately 0.6 mile upstream of Coweeta Church None +2,156 Road (State Road 1115). North Prong Ellijay Creek ..... The confluence with Ellijay Creek ...... None +2,191 Unincorporated Areas of Macon County. Approximately 0.6 mile upstream of the confluence None +2,236 with Ellijay Creek. Otter Creek ...... At the confluence with Whiteoak Creek ...... None +2,653 Unincorporated Areas of Macon County. Approximately 1,200 feet upstream of Otter Creek None +2,842 Road (State Road 1365).
Poplar Cove Creek ...... At the confluence with Cartoogechaye Creek and None +2,179 Unincorporated Areas of Jones Creek. Macon County. Approximately 380 feet upstream of Smith Hill Road None +2,264 (State Road 1306). Rabbit Creek ...... The confluence with Little Tennessee River ...... None +2,001 Unincorporated Areas of Macon County, Town of Franklin. At the confluence of Corbin Creek and Berry Creek .. None +2,220 Rocky Branch ...... The confluence with Little Tennessee River ...... None +1,977 Unincorporated Areas of Macon County. Approximately 950 feet downstream of Nettie Hurst None +1,996 Road. Rose Creek ...... The confluence with Little Tennessee River ...... None +1,946 Unincorporated Areas of Macon County. Approximately 1,110 feet upstream of Furman Welch None +1,953 Road (State Road 1374). Satulah Branch ...... At the confluence with Mill Creek (Highlands) ...... None +3,819 Town of Highlands. Approximately 850 feet upstream of Smallwood Ave- None +3,832 nue. Skeenah Creek ...... The confluence with Little Tennessee River ...... None +2,037 Unincorporated Areas of Macon County. Approximately 190 feet upstream of the confluence of None +2,073 South Fork Skeenah Creek. Tessentee Creek ...... The confluence with Little Tennessee River ...... None +2,056 Unincorporated Areas of Macon County. The confluence of Whiterock Branch ...... None +2,347 Watuaga Creek ...... The confluence with Little Tennessee River ...... None +1,985 Unincorporated Areas of Macon County.
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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified
Approximately 155 feet downstream of Brown Branch None +2,230 Road. Wayah Creek ...... At the confluence with Cartoogechaye Creek ...... None +2,152 Unincorporated Areas of Macon County. At the confluence of Shingletree Branch ...... None +2,225 Whiteoak Creek ...... At the confluence with Nantahala River ...... None +2,515 Unincorporated Areas of Macon County. Approximately 900 feet upstream of the confluence of None +3,169 Cold Spring Creek.
*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES Town of Franklin Maps are available for inspection at Franklin Town Hall, 188 West Main Street, Franklin, North Carolina. Send comments to The Honorable Joe Collins, Mayor of the Town of Franklin, 188 West Main Street, Franklin, North Carolina 28734. Town of Highlands Maps are available for inspection at Highlands Town Hall, 210 North Fourth Street, Highlands, North Carolina. Send comments to The Honorable Don Mullen, Mayor of the Town of Highlands, P.O. Box 460, Highlands, North Carolina 28741. Unincorporated Areas of Macon County Maps are available for inspection at Macon County Planning Department, Human Services Building, 5 West Main Street, Franklin, North Caro- lina. Send comments to Mr. Sam Greenwood, Macon County Manager, Courthouse Annex, 5 West Main Street, Franklin, North Carolina 28734.
Comal County, Texas, and Incorporated Areas
Alligator Creek ...... Approximately 4500 feet downstream from the inter- +640 +643 City of New Braunfels. section with FM 1101 Road. Intersection with Hoffman Lane ...... None +717 Tributary No. 6 ...... Confluence with Alligator Creek ...... None +715 City of New Braunfels, Un- incorporated Areas of Comal County. Intersection with FM 306 ...... None +795 Bear Creek (Dry Comal Wa- Confluence of Bear Creek and Dry Comal Watershed None +730 City of Garden Ridge, Unin- tershed). corporated Areas of Comal County. Confluence of Bear Creek and Bear Creek Tributary None +831 14. Blieder’s Creek ...... Intersection with River Road ...... None +663 City of New Braunfels, Un- incorporated Areas of Comal County. Intersection with Schoenthal Road ...... None +892 Bracken Tributary ...... Confluence with Cibolo Creek ...... None +772 City of Garden Ridge, Unin- corporated Areas of Comal County. Approximately 2075 feet upstream from the intersec- None +899 tion with Garden North Drive. Cibolo Creek ...... Intersection with Lookout Road ...... None +763 Unincorporated Areas of Comal County, City of Fair Oaks Ranch, City of Selma. Approximately 1.1 mile upstream from the confluence +1274 +1276 with Postoak Creek. Dry Comal Creek ...... At Altgelt Lane ...... +643 +646 City of New Braunfels, Un- incorporated Areas of Comal County. Confluence of West Fork Dry Comal Creek and +784 +780 Upper Comal Creek. Garden Ridge Tributary ...... Confluence of HID Tributary of Garden Ridge Tribu- None +784 City of Garden Ridge, Unin- tary and Garden Ridge Tributary. corporated Areas of Comal County. Intersection with Water Wood Drive ...... None +903 Guadalupe River (Lower Approximately 300 feet upstream from the intersec- +626 +634 Unincorporated Areas of Reach). tion with Missouri Kansas Texas Railroad. Comal County.
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*Elevation in feet (NGVD) +Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified
Confluence with Canyon Dam Emergency Spillway +755 +760 Channel. West Fork Tributary ...... Confluence with West Fork Dry Comal Creek ...... +802 +799 Unincorporated Areas of Comal County. Approximately 774 feet downstream of Schoenthal +850 +852 Rd.
*National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES City of Fair Oaks Ranch Maps are available for inspection at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015. Send comments to The Honorable E.L. Boots Gaubatz, Mayor, 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015. City of Garden Ridge Maps are available for inspection at 9357 Schoenthal Road, Garden Ridge, TX 78266. Send comments to The Honorable Jay Feibelman, Mayor, City of Garden Ridge, 9357 Schoenthal Road, Garden Ridge, TX 78266. City of New Braunfels Maps are available for inspection at 424 South Castell, New Braunfels, TX 78130. Send comments to The Honorable Bruce Boyer, Mayor, City of New Braunfels, 424 South Castell, New Braunfels, TX 78130. City of Selma Maps are available for inspection at 9375 Corporate, Selma, TX 78154. Send comments to The Honorable James Parma, Mayor, City of Selma, 9375 Corporate, Selma, TX 78154. Unincorporated Areas of Comal County Maps are available for inspection at 195 David Jonas Drive, New Braunfels, TX 78132. Send comments to The Honorable Danny Scheel, Judge, Comal County, 199 Main Plaza, New Braunfels, TX 78130.
(Catalog of Federal Domestic Assistance No. listed below. The BFEs are the basis for Flood Disaster Protection Act of 1973, 97.022, ‘‘Flood Insurance.’’) the floodplain management measures 42 U.S.C. 4104, and 44 CFR 67.4(a). Dated: September 12, 2007. that the community is required either to These proposed BFEs and modified David I. Maurstad, adopt or to show evidence of being BFEs, together with the floodplain Federal Insurance Administrator of the already in effect in order to qualify or management criteria required by 44 CFR National Flood Insurance Program, remain qualified for participation in the 60.3, are the minimum that are required. Department of Homeland Security, Federal National Flood Insurance Program They should not be construed to mean Emergency Management Agency. (NFIP). that the community must change any existing ordinances that are more [FR Doc. E7–18948 Filed 9–25–07; 8:45 am] DATES: The comment period is ninety BILLING CODE 9110–12–P stringent in their floodplain (90) days following the second management requirements. The publication of this proposed rule in a community may at any time enact newspaper of local circulation in each DEPARTMENT OF HOMELAND stricter requirements of its own, or community. SECURITY pursuant to policies established by other ADDRESSES: The proposed BFEs for each Federal, State or regional entities. These Federal Emergency Management community are available for inspection proposed elevations are used to meet Agency at the office of the Chief Executive the floodplain management Officer of each community. The requirements of the NFIP and are also 44 CFR Part 67 respective addresses are listed in the used to calculate the appropriate flood insurance premium rates for new [Docket No. FEMA–B–7737] table below. buildings built after these elevations are FOR FURTHER INFORMATION CONTACT: made final, and for the contents in these Proposed Flood Elevation William R. Blanton, Jr., Engineering Determinations buildings. Management Section, Mitigation National Environmental Policy Act. AGENCY: Federal Emergency Directorate, Federal Emergency This proposed rule is categorically Management Agency, DHS. Management Agency, 500 C Street, SW., excluded from the requirements of 44 Washington, DC 20472, (202) 646–3151. ACTION: Proposed rule. CFR part 10, Environmental SUPPLEMENTARY INFORMATION: The Consideration. An environmental SUMMARY: Technical information or Federal Emergency Management Agency impact assessment has not been comments are requested on the (FEMA) proposes to make prepared. proposed Base (1% annual chance) determinations of BFEs and modified Regulatory Flexibility Act. As flood Flood Elevations (BFEs) and proposed BFEs for each community listed below, elevation determinations are not within BFEs modifications for the communities in accordance with section 110 of the the scope of the Regulatory Flexibility
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Act, 5 U.S.C. 601–612, a regulatory Executive Order 12988, Civil Justice PART 67—[AMENDED] flexibility analysis is not required. Reform. This proposed rule meets the 1. The authority citation for part 67 Regulatory Classification. This applicable standards of Executive Order continues to read as follows: proposed rule is not a significant 12988. regulatory action under the criteria of Authority: 42 U.S.C. 4001 et seq.; List of Subjects in 44 CFR Part 67 section 3(f) of Executive Order 12866 of Reorganization Plan No. 3 of 1978, 3 CFR, September 30, 1993, Regulatory 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Administrative practice and 3 CFR, 1979 Comp., p. 376. Planning and Review, 58 FR 51735. procedure, Flood insurance, Reporting Executive Order 13132, Federalism. and recordkeeping requirements. § 67.4 [Amended] This proposed rule involves no policies 2. The tables published under the Accordingly, 44 CFR part 67 is that have federalism implications under authority of § 67.4 are proposed to be Executive Order 13132. proposed to be amended as follows: 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
Adams County, Indiana, and Incorporated Areas
Borum Run ...... At confluence with St. Marys River ...... +789 +791 Unincorporated Areas of Adams County, City of Decatur. Approximately 5,125 feet upstream of High Street ..... +789 +791 Holthouse Ditch ...... At confluence with St. Marys River ...... +785 +787 Unincorporated Areas of Adams County, City of Decatur. Approximately 4,700 feet upstream of Washington +786 +787 Street. Kohne Drain No. 1 ...... At confluence with Holthouse Ditch ...... +785 +787 Unincorporated Areas of Adams County, City of Decatur. Approximately 1,350 feet upstream of Meibers Street +786 +787 Koos Ditch ...... At confluence with St. Mary’s River ...... +788 +789 Unincorporated Areas of Adams County, City of Decatur. Approximately 1,550 upstream of Piqua Road ...... +788 +789 St. Marys River...... Approximately 14,750 feet downstream of County +776 +778 Unincorporated Areas of Road 350 West. Adams County, City of Decatur. Approximately 16,650 feet upstream of State Road None +794 101. Yellow Creek ...... At the confluence with the St. Marys River ...... +789 +791 Unincorporated Areas of Adams County. Approximately 1,750 feet upstream of Norfolk and +790 +791 Western Railway.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Decatur Maps are available for inspection at 225 West Monroe Street, Decatur, IN 46733. Send comments to The Honorable Fred R. Isch, Mayor, 225 West Monroe Street, Decatur, IN 46733. Unincorporated Areas of Adams County Maps are available for inspection at 313 W. Jefferson St., Suite 338, Decatur, IN 46733. Send comments to Mr. Doug Bauman, Adams County Commissioner, 313 W. Jefferson St., Suite 200, Decatur, IN 46733.
Tarrant County, Texas, and Incorporated Areas
Big Bear Creek ...... Approximately 1270ft downstream of the intersection +528 +527 City of Fort Worth, City of at Highway 183. Euless, City of Grand Prairie, City of Grape- vine, City of Keller, City of South Lake, Town of Colleyville, Unincor- porated Areas of Tarrant County. Approximately 93ft downstream of the intersection +759 +758 with Bear Creek Pkwy..
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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
Hogpen Branch...... Approximately 83 feet upstream from intersection +584 +582 City of Mansfield. with Country Club Road. Approximately 100 feet downstream from intersection +620 +621 with Highway 157. Johnson Creek ...... Intersection with Avenue K ...... +470 +467 City of Grand Prairie. Approximately 200 feet upstream of intersection with +510 +511 Highway 360. Nichols Branch ...... Intersection with Newt Patterson Road ...... +601 +599 City of Mansfield. Approximately 560 feet downstream of intersection None +620 with Columbria Drive. Plantation East Creek ...... Upstream of Llano Avenue approximately 290 feet .... +652 +651 City of Benbrook. Approximately 288 feet upstream of Circle S Road ... +686 +685 Plantation West Creek, Intersection with Twilight Drive W ...... +673 +671 City of Benbrook, City of Stream MSC–1A. Fort Worth. Approximately 705 feet from intersection with Dawn +690 +692 Drive. Pond Branch...... Approximately 95 feet downstream of intersection +586 +587 City of Mansfield. with Depot Street. Approximately 37 feet downstream of East Kimball +602 +600 Street. Stream JC–1 ...... Approximately 300 feet downstream of West Tarrant +500 +502 City of Grand Prairie. Road intersection. Intersection with Duncan Perry Road ...... +505 +503 Timber Creek ...... Approximately 700 feet upstream of confluence with +617 +618 City of Benbrook. Clear Fork of the Trinity River. Approximately 700 feet downstream of the intersec- +693 +692 tion with McKinley Street. Walnut Creek 3 ...... Approximately 4850 feet downstream from intersec- +548 +546 City of Mansfield. tion with Highway 360. Approximately 80 feet downstream from the intersec- +587 +588 tion of 287. Watson Branch ...... Confluence with Walnut Creek 3 ...... +578 +580 City of Mansfield. Intersection with Highway 157 ...... None +641 Willow Bend...... The intersection with Willow Bend Creek at +634 +640 City of Benbrook. Meadowside Drive. Approximately 70 feet downstream of intersection +706 +707 with Williams Road.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Benbrook Maps are available for inspection at 911 Winscott Rd, Benbrook, TX 76126. Send comments to The Honorable Jerry Dittrick, Mayor, 911 Winscott Rd, Benbrook, TX 76126. City of Euless Maps are available for inspection at 201 N Ector Dr., Euless, TX 76039. Send comments to The Honorable Mary Saleh, Mayor, 201 N Ector Dr., Euless, TX 76039. City of Fort Worth Maps are available for inspection at 1000 Throckmorton St., Fort Worth, TX 76102. Send comments to The Honorable Mike Moncrief, Mayor, 1000 Throckmorton St., Fort Worth, TX 76102. City of Grand Prairie Maps are available for inspection at 317 College St., Grand Prairie, TX 75053. Send comments to The Honorable Charles England, Mayor, 317 W. College, Grand Prairie, TX 75050. City of Grapevine Maps are available for inspection at 413 South Main Street, Grapevine, TX 76051. Send comments to The Honorable William D Tate, Mayor, P.O. Box 95104, Grapevine, TX 76099. City of Keller Maps are available for inspection at 158 South Main, Keller, TX 76248. Send comments to The Honorable Pat McGrail, Mayor, P.O. Box 770, Keller, TX 76244. City of Mansfield Maps are available for inspection at 1305 East Broad St., Mansfield, TX 76063. Send comments to The Honorable Mel Newman, Mayor, 1200 E Broad St., Mansfield, TX 76063. City of South Lake Maps are available for inspection at 667 North Carroll Avenue, Southlake, TX 76092.
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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
Send comments to The Honorable Andy Wambsganss, Mayor, 1400 Main St, Southlake, TX 76092. Town of Colleyville Maps are available for inspection at 401 Oak Valley Rd., Colleyville, TX 76034. Send comments to The Honorable David Kelly, Mayor, 100 Main Street, Colleyville, TX 76034. Unincorporated Areas of Tarrant County Maps are available for inspection at 100 E Weatherford St, Fort Worth, TX 76196. Send comments to The Honorable B. Glen Whitley, County Judge, 100 E Weatherford St, Suite 501, Fort Worth, TX 76196.
District of Columbia Washington, D.C.
Anacostia River ...... Approximately at Anacostia Railroad Bridge ...... +11 +13 District of Columbia. At approximately 200 feet upstream of New York Av- +15 +17 enue. Barnaby Run ...... Approximately at the confluence with Oxon Run ...... None +21 District of Columbia. At approximately 1200 feet upstream of South Cap- +49 +53 ital and Southern Avenue. Broad Branch ...... At approximately 2560 feet upstream of Ridge Road +101 +102 District of Columbia. At approximately 760 feet upstream of 27th Street .... +180 +187 Creek Along Normanstone At approximately 230 feet downstream of the Rock +41 +40 District of Columbia. Drive. Creek Drive. At approximately 190 feet upstream of Normanstone +149 +150 Drive. East Creek A ...... At approximately 2250 feet downstream of Dalecarlia +164 +165 District of Columbia. Parkway. At approximately 675 feet downstream of Dalecarlia +168 +169 Parkway. East Creek B ...... Approximately at the Glenbrook Road ...... +239 +240 District of Columbia. At approximately 760 feet upstream of Driveway +314 +308 Bridge #4. Fenwick Branch ...... Approximately at the confluence with Rock Creek ..... +174 +176 District of Columbia. At approximately 3620 feet upstream of the con- +234 +232 fluence with Tributary of Fenwick Branch. Fort Dupont Creek ...... Approximately 500 feet downstream of Minnesota Av- +24 +23 District of Columbia. enue Bridge. At approximately 40 feet downstream of Minnesota +28 +29 Avenue Bridge. Melvin Hazen Branch ...... Approximately 1000 feet upstream from Connecticut +209 +208 District of Columbia. Avenue, NW. At approximately 125 feet downstream of Reno Road +245 +244 Oxon Run ...... At approximately 320 feet upstream of the confluence +22 +23 District of Columbia. with Barnaby Run. At approximately 6160 feet upstream of Wheeler +102 +103 Road. Pinehurst Run ...... Approximately at the confluence with Rock Creek ..... None +165 District of Columbia. At approximately 3100 feet upstream of Oregon Ave- +251 +255 nue. Pope Branch ...... At approximately 80 feet upstream of Minnesota Ave- +32 +45 District of Columbia. nue. Approximately 4630 feet upstream of Minnesota Ave- +152 +159 nue. Potomac River ...... At approximately 500 feet downstream of Route 95 .. +10 +9 District of Columbia. At approximately 2200 feet upstream of Chain Bridge +42 +41 Road. Rock Creek ...... Approximately at the confluence with Potomac River +15 +16 District of Columbia. Approximately at the confluence with Fenwick Branch +174 +176 Tributary to Fenwick Branch Approximately at the confluence with Fenwick Creek +189 +191 District of Columbia. At approximately 2500 feet upstream of the con- +232 +231 fluence with Fenwick Branch. Watts Branch ...... Approximately at the confluence with Anacostia River +13 +15 District of Columbia. Approximately at Southern Avenue ...... +93 +96
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES District of Columbia
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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
Maps are available for inspection at 51 N Street, NE., Suite 5020, Washington, DC 20002. Send comments to Mr. Timothy Karikari, P.E., CPESC, NFIP Coordinator, 51 N Street, NE., 5th Floor, Room 5021, Washington, DC 20002.
(Catalog of Federal Domestic Assistance No. between September 28, 2007, and FOR FURTHER INFORMATION CONTACT: 97.022, ‘‘Flood Insurance.’’) October 1, 2007. Michael Kido, Office of Chief Counsel, Dated: September 18, 2007. If filing comments on or after October NHTSA, telephone (202) 366–5263, David I. Maurstad, 1, 2007, use: facsimile (202) 366–3820, 1200 New Federal Insurance Administrator of the • Federal eRulemaking Portal: Go to Jersey Avenue, SE., Washington, DC National Flood Insurance Program, http://www.regulations.gov. Follow the 20590. Department of Homeland Security, Federal online instructions for submitting SUPPLEMENTARY INFORMATION: Emergency Management Agency. comments. Background [FR Doc. E7–18951 Filed 9–25–07; 8:45 am] Alternatively, you can file comments BILLING CODE 9110–12–P using the following methods: In order to preserve the remedial • Mail: Docket Management Facility: impact of civil penalties and to foster U.S. Department of Transportation, 1200 compliance with the law, the Federal DEPARTMENT OF TRANSPORTATION New Jersey Avenue, SE., West Building Civil Monetary Penalty Inflation Adjustment Act of 1990 (28 U.S.C. 2461, National Highway Traffic Safety Ground Floor, Room W12–140, Washington, DC 20590–0001 Notes, Pub. L. 101–410), as amended by Administration the Debt Collection Improvement Act of • Hand Delivery or Courier: West 1996 (Pub. L. 104–134) (referred to Building Ground Floor, Room W12–140, 49 CFR Part 578 collectively as the ‘‘Adjustment Act’’ or, 1200 New Jersey Avenue, SE., between in context, the ‘‘Act’’), requires us and [Docket No. NHTSA–2007–28445; Notice 1] 9 a.m. and 5 p.m. ET, Monday through other Federal agencies to adjust civil RIN 2127–AK07 Friday, except Federal holidays. • penalties for inflation. Under the Fax: 202–493–2251. Adjustment Act, following an initial Civil Penalties Instructions: For detailed instructions adjustment that was capped by the Act, AGENCY: National Highway Traffic on submitting comments and additional these agencies must make further Safety Administration (NHTSA), DOT. information on the rulemaking process, adjustments, as warranted, to the see the Public Participation heading of ACTION: Notice of proposed rulemaking. amounts of penalties in statutes they the Supplementary Information section administer at least once every four SUMMARY: This document proposes to of this document. Note that all years. increase the maximum aggregate civil comments received will be posted NHTSA’s initial adjustment of civil penalties for violations of the odometer without change to http:// penalties under the Adjustment Act was tampering and disclosure requirements www.dms.dot.gov or http:// published on February 4, 1997. 62 FR and certain administrative provisions of www.regulations.gov, including any 5167. At that time, we codified the the Energy Policy and Conservation Act. personal information provided. Please penalties under statutes administered by This action would be taken pursuant to see the Privacy Act heading below. NHTSA, as adjusted, in 49 CFR Part the Federal Civil Monetary Penalty Privacy Act: Anyone is able to search 578, Civil Penalties. On July 14, 1999, Inflation Adjustment Act of 1990, as the electronic form of all comments we further adjusted certain penalties. 64 amended by the Debt Collection received into any of our dockets by the FR 37876. In 2000, the Transportation Improvement Act of 1996, which name of the individual submitting the Recall Enhancement, Accountability, requires us to review and, as warranted, comment (or signing the comment, if and Documentation (‘‘TREAD’’) Act adjust penalties based on inflation at submitted on behalf of an association, increased the maximum penalties under least every four years. business, labor union, etc.). You may the National Traffic and Motor Vehicle DATES: Comments on the proposal are review DOT’s complete Privacy Act Safety Act as amended (sometimes due October 26, 2007. Statement in the Federal Register referred to as the ‘‘Motor Vehicle Safety Proposed effective date: 30 days after published on April 11, 2000 (65 FR Act’’). We codified those amendments date of publication of the final rule in 19477–78). in Part 578 on November 14, 2000. 65 the Federal Register. Docket: For access to the docket to FR 68108. On August 7, 2001, we also ADDRESSES: You may submit comments read background documents or adjusted certain penalty amounts [identified by DOT Docket ID Number comments received, go to http:// pertaining to odometer tampering and NHTSA–2007–28445] by any of the dms.dot.gov until September 27, 2007, disclosure requirements and vehicle following methods: or the street address listed above. The theft prevention. 66 FR 41149. On If filing comments by September 27, DOT docket may be offline at times September 28, 2004, we adjusted the 2007, please use: between September 28 through maximum penalty amounts for a related • Web Site: http://dms.dot.gov. September 30 to migrate to the Federal series of violations involving the Follow the instructions for submitting Docket Management System (FDMS). agency’s provisions governing vehicle comments on the Department of On October 1, 2007, the internet access safety, bumper standards, and consumer Transportation Docket Management to the docket will be at http:// information. 69 FR 57864. On System electronic docket site. No www.regulations.gov. Follow the online September 8, 2005, the agency adjusted electronic submissions will be accepted instructions for accessing the dockets. its penalty amounts for violations of its
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vehicle theft protection standards and and certain administrative provisions of Change to Maximum Penalty (Single those involving a related series of the Energy Policy and Conservation Act Violation) Under the Automobile Fuel odometer-related violations. 70 FR of 1975 as amended and recodified Economy Provisions, 49 U.S.C. Chapter 53308. Most recently, on May 16, 2006, (EPCA), which generally regulates fuel 329 (49 CFR 578.6(h)(1)) the agency adjusted its penalty amounts economy, were last set in 1997 based on The maximum civil penalty for a for violations of the Motor Vehicle the Adjustment Act’s requirements. The single violation of certain administrative Safety Act, as amended, and codified CPI figure for June 1997 is 480.2. provisions of EPCA is $11,000, as amendments made to the Motor Vehicle Accordingly, the factor that we are using specified in 49 CFR 578.6(h)(1). See 62 Safety Act by the Safe, Accountable, in calculating the proposed increases is FR 5167. Specifically, Section Flexible, Efficient Transportation Equity 1.27 (607.8/480.2) for both penalty 578.6(h)(1) applies a maximum penalty Act—A Legacy for Users (SAFETEA- amounts. of $11,000 for a violation of 49 U.S.C. LU). 119 Stat. 1144, 1942–43 (Aug. 10, Second, using this inflation factor, 32911(a), which applies generally to 2005). violations of 49 U.S.C. Chapter 329, We have reviewed the civil penalty increases above the current maximum excluding 49 U.S.C. 32902 (average fuel amounts in 49 CFR Part 578 and penalty levels are calculated and are economy standards), 32903 (credits for propose in this notice to adjust certain then subject to a specific rounding exceeding average fuel economy penalties under the Adjustment Act. formula set forth in Section 5(a) of the standards), 32908(b) (fuel economy Those civil penalties that we are Adjustment Act. 28 U.S.C. 2461, Notes. labeling requirements), 32917(b) proposing to adjust address penalty Under that formula: (executive agency fleet average fuel amounts pertaining to single violations Any increase shall be rounded to the economy), and 32918 (retrofit devices). involving (1) odometer tampering and nearest disclosure and (2) administrative Section 32911(a) applies, for example, provisions of the automobile fuel (1) Multiple of $10 in the case of to inaccurate reports to NHTSA under economy law. penalties less than or equal to $100; 49 U.S.C. 32907 and regulations promulgated thereunder. The (2) Multiple of $100 in the case of Method of Calculation—Proposed underlying statutory civil penalty Adjustments penalties greater than $100 but less than provision is 49 U.S.C. 32912(a). or equal to $1,000; Under the Adjustment Act, we first Applying the appropriate inflation calculate the inflation adjustment for (3) Multiple of $1,000 in the case of factor (1.27) raises the $11,000 figure to each applicable civil penalty by penalties greater than $1,000 but less $13,970, an increase of $2,970. Under arithmetically increasing the maximum than or equal to $10,000; the rounding formula, any increase in a civil penalty amount per violation by a (4) Multiple of $5,000 in the case of penalty’s amount shall be rounded to cost-of-living adjustment. Section 5(b) of penalties greater than $10,000 but less the nearest multiple of $5,000 in the the Adjustment Act defines the ‘‘cost-of- than or equal to $100,000; case of penalties greater than $10,000 living’’ adjustment as: but less than or equal to $100,000. In The percentage (if any) for each civil (5) Multiple of $10,000 in the case of this case, the increase would be $5,000. monetary penalty by which — penalties greater than $100,000 but less Accordingly, we propose that (1) The Consumer Price Index for the than or equal to $200,000; and § 578.6(h)(1) be amended to increase the month of June of the calendar year (6) Multiple of $25,000 in the case of maximum civil penalty from $11,000 to preceding the adjustment exceeds. penalties greater than $200,000. $16,000 for a single violation. (2) The Consumer Price Index for the Effective Date month of June of the calendar year in Change to Maximum Penalty (Single which the amount of such civil Violation) Under the Odometer The amendments would be effective monetary penalty was last set or Tampering and Disclosure Provision, 30 days after publication of the final adjusted pursuant to law. 49 U.S.C. Chapter 327 (49 CFR rule in the Federal Register. The Since the proposed adjustment is 578.6(f)(1)) adjusted penalties would apply to intended to be effective before violations occurring on and after the December 31, 2007, the ‘‘Consumer The maximum civil penalty for a effective date. single violation of the odometer Price Index [CPI] for the month of June Request for Comments of the calendar year preceding the tampering and disclosure statutory adjustment’’ would be the CPI for June provisions or a regulation prescribed How Do I Prepare and Submit 2006.1 This figure, based on the thereunder is $2,200, as specified in 49 Comments? CFR 578.6(f)(1). See 62 FR 5167. The Adjustment Act’s requirement of using Your comments must be written and underlying statutory civil penalty the CPI ‘‘for all-urban consumers in English. To ensure that your published by the Department of Labor’’ provision is contained in 49 U.S.C. comments are correctly filed in the is 607.8.2 The penalty amounts that 32709(a). Applying the appropriate Docket, please include the docket NHTSA proposes to adjust for single inflation factor (1.27) raises the $2,200 number of this document in your violations of both the agency’s odometer figure to $2,794, an increase of $594. comments. tampering and disclosure requirements Under the rounding formula, any Your comments must not be more increase in a penalty’s amount shall be than 15 pages long (49 CFR 553.21). We 1 We note that in the event that this rule becomes rounded to the nearest multiple of established this limit to encourage you effective in 2008, the agency would use the CPI for $1,000 in the case of penalties greater to write your primary comments in a June 2007 to calculate this adjustment. than $1,000 but less than or equal to 2 Individuals interested in deriving the CPI concise fashion. However, you may figures used by the agency may visit the Department $10,000. In this case, the increase would attach necessary additional documents of Labor’s Consumer Price Index Home Page at be $1,000. Accordingly, we propose that to your comments. There is no limit on http://www.bls.gov/cpi/home.htm. Scroll down to Section 578.6(f)(1) be amended to the length of the attachments. ‘‘Most Requested Statistics’’ and select the ‘‘All increase the maximum civil penalty Urban Consumers (Current Series)’’ option, select Please submit two copies of your the ‘‘U.S. ALL ITEMS 1967=100—CUUR0000AA0’’ from $2,200 to $3,200 for a single comments, including the attachments, box, and click on the ‘‘Retrieve Data’’ button. violation. to Docket Management at the beginning
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of this document, under ADDRESSES. rule, we will consider that comment as for this certification under 5 U.S.C. You may also submit your comments an informal suggestion for future 605(b). The proposed amendments electronically to the docket following rulemaking action. almost entirely potentially affect the steps outlined under ADDRESSES. manufacturers of motor vehicles and How Can I Read the Comments motor vehicle equipment. How Can I Be Sure That My Comments Submitted by Other People? The Small Business Administration’s Were Received? You may read the comments received regulations define a small business in If you wish Docket Management to by Docket Management at the address part as a business entity ‘‘which notify you upon its receipt of your and times given near the beginning of operates primarily within the United comments, enclose a self-addressed, this document under ADDRESSES. States.’’ 13 CFR 121.105(a). SBA’s size stamped postcard in the envelope You may also see the comments on standards were previously organized containing your comments. Upon the Internet. To read the comments on according to Standard Industrial receiving your comments, Docket the Internet, take the following steps: Classification (SIC) Codes. SIC Code Management will return the postcard by (1) Go to the Docket Management 336211 ‘‘Motor Vehicle Body mail. System (DMS) Web page of the Manufacturing’’ applied a small How Do I Submit Confidential Business Department of Transportation (http:// business size standard of 1,000 Information? dms.dot.gov/). employees or fewer. SBA now uses size (2) On that page, click on ‘‘search.’’ standards based on the North American If you wish to submit any information (3) On the next page (http:// Industry Classification System (NAICS), under a claim of confidentiality, you dms.dot.gov/search/), type in the four- Subsector 336—Transportation should submit the following to the Chief digit docket number shown at the Equipment Manufacturing, which Counsel (NCC–110) at the address given heading of this document. Example: if provides a small business size standard at the beginning of this document under the docket number were ‘‘NHTSA– of 1,000 employees or fewer for the heading FOR FURTHER INFORMATION 2006–1234,’’ you would type ‘‘1234.’’ automobile manufacturing businesses. CONTACT: (1) A complete copy of the (4) After typing the docket number, Other motor vehicle-related industries submission; (2) a redacted copy of the click on ‘‘search.’’ have lower size requirements that range submission with the confidential (5) The next page contains docket between 500 and 750 employees. information removed; and (3) either a summary information for the docket you Many small businesses are subject to second complete copy or those portions selected. Click on the comments you the penalty provisions of the odometer of the submission containing the wish to see. laws in 49 U.S.C. Chapter 327. Some material for which confidential You may download the comments. small businesses are subject to the EPCA treatment is claimed and any additional The comments are imaged documents, provisions in 49 U.S.C. Chapter 329 and information that you deem important to in either TIFF or PDF format. Please therefore may be affected by the the Chief Counsel’s consideration of note that even after the comment closing adjustments that this NPRM proposes to your confidentiality claim. A request for date, we will continue to file relevant make. As noted throughout this confidential treatment that complies information in the Docket as it becomes preamble, this proposed rule would with 49 CFR Part 512 must accompany available. Further, some people may increase only the maximum penalty the complete submission provided to submit late comments. Accordingly, we amounts that the agency could obtain the Chief Counsel. For further recommend that you periodically search for a single violation of the odometer information, submitters who plan to the Docket for new material. tampering and disclosure provisions request confidential treatment for any and administrative provisions of EPCA. portion of their submissions are advised Rulemaking Analyses and Notices The proposed rule does not set the to review 49 CFR Part 512, particularly amount of penalties for any particular Executive Order 12866 and DOT those sections relating to document violation or series of violations. Under Regulatory Policies and Procedures submission requirements. Failure to the odometer laws, the applicable adhere to the requirements of Part 512 We have considered the impact of this penalty provision requires the agency to may result in the release of confidential rulemaking action under Executive take into account the ability to pay and information to the public docket. In Order 12866 and the Department of any effect on the ability to continue addition, you should submit two copies Transportation’s regulatory policies and doing business when determining the from which you have deleted the procedures. This rulemaking document appropriate civil penalty in an claimed confidential business was not reviewed under Executive individual case. See 49 U.S.C. information, to Docket Management at Order 12866, ‘‘Regulatory Planning and 32709(a)(3)(B). Although EPCA does not the address given at the beginning of Review.’’ This action is limited to the provide for consideration of business this document under ADDRESSES. proposed adoption of adjustments of size, it contains a provision for the civil penalties under statutes that the compromise or remittitur of penalties Will the Agency Consider Late agency enforces, and has been for violations of 49 U.S.C. 32911(a). See Comments? determined to be not ‘‘significant’’ 49 U.S.C. 32912(a) and 32913(a). The We will consider all comments that under the Department of agency would also consider the size of Docket Management receives before the Transportation’s regulatory policies and a business under its civil penalty policy close of business on the comment procedures. when determining the appropriate civil closing date indicated at the beginning penalty amount for violations of 49 Regulatory Flexibility Act of this notice under DATES. In U.S.C. 32701 et seq. or 49 U.S.C. accordance with our policies, to the We have also considered the impacts 32911(a). See 62 FR 37115 (July 10, extent possible, we will also consider of this notice under the Regulatory 1997) (NHTSA’s civil penalty policy comments that Docket Management Flexibility Act. I certify that a final rule under the Small Business Regulatory receives after the specified comment based on this proposal will not have a Enforcement Fairness Act (SBREFA)). closing date. If Docket Management significant economic impact on a The penalty adjustments that are being receives a comment too late for us to substantial number of small entities. proposed would not affect our civil consider in developing the proposed The following provides the factual basis penalty policy under SBREFA.
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Since this proposed regulation would levels of government, as specified in PART 578—CIVIL AND CRIMINAL not establish penalty amounts, this Executive Order 13132. The reason is PENALTIES proposal will not have a significant that this proposed rule would apply to economic impact on small businesses. motor vehicle manufacturers, and not to In consideration of the foregoing, 49 Small organizations and governmental the States or local governments. Thus, CFR Part 578 would be amended as set jurisdictions would not be significantly the requirements of Section 6 of the forth below. affected as the price of motor vehicles Executive Order do not apply. 1. The authority citation for 49 CFR and equipment ought not change as the Unfunded Mandates Reform Act of 1995 Part 578 would continue to read as result of this proposed rule. As follows: explained above, this action is limited The Unfunded Mandates Reform Act to the proposed adoption of a statutory of 1995, Pub. L. 104–4, requires agencies Authority: Pub. L. 101–410, Pub. L. 104– directive, and has been determined to be to prepare a written assessment of the 134, Pub. L. 106–414, 49 U.S.C. 30165, 49 not ‘‘significant’’ under the Department cost, benefits and other effects of U.S.C. 30170, 30505, 32308, 32309, 32507, of Transportation’s regulatory policies proposed or final rules that include a 32709, 32710, 32912, and 33115; delegation of authority at 49 CFR 1.50. and procedures. Federal mandate likely to result in the expenditure by State, local, or tribal 2. Section 578.6 would be amended Executive Order 13132 (Federalism) governments, in the aggregate, or by the by revising paragraphs (f)(1) and (h)(1) private sector, of more than $100 Executive Order 13132 requires to read as follows: NHTSA to develop an accountable million annually. Because this proposed process to ensure ‘‘meaningful and rule will not have a $100 million effect, § 578.6 Civil penalties for violations of timely input by State and local officials no Unfunded Mandates assessment will specified provisions of Title 49 of the United in the development of regulatory be prepared. States Code. policies that have federalism National Environmental Policy Act * * * * * implications.’’ ‘‘Policies that have (f) Odometer tampering and federalism implications’’ is defined in We have also analyzed this proposed rulemaking action under the National disclosure. (1) A person that violates 49 the Executive Order to include U.S.C. Chapter 327 or a regulation regulations that have ‘‘substantial direct Environmental Policy Act and determined that it would have no prescribed or order issued thereunder is effects on the States, on the relationship liable to the United States Government between the national government and significant impact on the human environment. for a civil penalty of not more than the States, or on the distribution of $3,200 for each violation. A separate power and responsibilities among the Executive Order 12778 (Civil Justice violation occurs for each motor vehicle various levels of government.’’ Under Reform) or device involved in the violation. The Executive Order 13132, the agency may This proposed rule does not have a maximum civil penalty under this not issue a regulation with Federalism retroactive or preemptive effect. Judicial paragraph for a related series of implications, that imposes substantial review of a rule based on this proposal violations is $130,000. direct compliance costs, and that is not may be obtained pursuant to 5 U.S.C. * * * * * required by statute, unless the Federal 702. That section does not require that (h) Automobile fuel economy. (1) A government provides the funds a petition for reconsideration be filed necessary to pay the direct compliance prior to seeking judicial review. person that violates 49 U.S.C. 32911(a) costs incurred by State and local is liable to the United States governments, the agency consults with Paperwork Reduction Act Government for a civil penalty of not State and local governments, or the In accordance with the Paperwork more than $16,000 for each violation. A agency consults with State and local Reduction Act of 1980, we state that separate violation occurs for each day officials early in the process of there are no requirements for the violation continues. developing the proposed regulation. information collection associated with * * * * * This proposed rule will not have this rulemaking action. Issued on: September 21, 2007. substantial direct effects on the States, on the relationship between the national List of Subjects in 49 CFR Part 578 Anthony M. Cooke, government and the States, or on the Imports, Motor vehicle safety, Motor Chief Counsel. distribution of power and vehicles, Rubber and Rubber Products, [FR Doc. E7–19019 Filed 9–25–07; 8:45 am] responsibilities among the various Tires, Penalties. BILLING CODE 4910–59–P
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Notices Federal Register Vol. 72, No. 186
Wednesday, September 26, 2007
This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Food Safety and Inspection Service public. Notices of hearings and investigations, committee meetings, agency decisions and Animal and Plant Health Inspection [Docket No. FSIS–2007–0036] rulings, delegations of authority, filing of Service petitions and applications and agency Codex Alimentarius Commission: statements of organization and functions are Title: Highly Pathogenic Avian Meeting of the Codex Committee on examples of documents appearing in this Influenza Subtype HSNI. Food Hygiene section. OMB Control Number: 0579–0245. AGENCY: Office of the Under Secretary Summary of Collection: Title 7 U.S.C. for Food Safety, USDA. DEPARTMENT OF AGRICULTURE 8301 the Animal Protection Act ACTION: Notice of public meeting and authorizes the Secretary of Agriculture request for comments. Submission for OMB Review; to take such measures to prevent the Comment Request SUMMARY: The Office of the Under introduction or dissemination of any Secretary for Food Safety, U.S. September 20, 2007. contagious or communicable disease of Department of Agriculture (USDA), and The Department of Agriculture has animal or live poultry from a foreign the Food and Drug Administration submitted the following information country into the United States or from (FDA), U.S. Department of Health and collection requirement(s) to OMB for one State to another. Disease prevention Human Services, are sponsoring a review and clearance under the is the most effective method for public meeting on September 26, 2007. Paperwork Reduction Act of 1995, maintaining a healthy animal The objective of the public meeting is to Public Law 104–13. Comments population and enhancing the Animal provide information and receive public regarding (a) whether the collection of and Plant Health Inspection Service comments on agenda items and draft information is necessary for the proper (APHIS) ability to compete in the world United States positions that will be performance of the functions of the market of animal and animal product discussed at the Thirty-ninth Session of agency, including whether the trade. Highly pathogenic avian the Codex Committee on Food Hygiene information will have practical utility; influenza is an extremely infectious and (CCFH) of the Codex Alimentarius (b) the accuracy of the agency’s estimate fatal form of influenza in chickens and Commission (Codex), which will be of burden including the validity of the held in Delhi, India, from October 30– methodology and assumptions used; (c) can strike poultry quickly without any November 4, 2007. The Under Secretary ways to enhance the quality, utility and warning signs. APHIS will collect for Food Safety and FDA recognize the clarity of the information to be information using forms VS 17–129, 17– importance of providing interested collected; (d) ways to minimize the 8, and 16–3. parties with the opportunity to obtain burden of the collection of information Need and Use of the Information: background information on the 39th on those who are to respond, including APHIS will collect information to Session of the CCFH and to address through the use of appropriate ensure that U.S. origin pet birds, items on the agenda. automated, electronic, mechanical, or performing or theatrical birds and DATES: The public meeting is scheduled other technological collection poultry undergo appropriate techniques or other forms of information for Wednesday, September 26, 2007, 3– examinations before entering the United 5 p.m. technology should be addressed to: Desk States. Without the information, it ADDRESSES: Officer for Agriculture, Office of would be impossible for APHIS to The public meeting will be Information and Regulatory Affairs, held in the rear of the cafeteria, South establish an effective line of defense Office of Management and Budget Agriculture Building, USDA, 1400 against an introduction of highly (OMB), Independence Avenue, SW., [email protected] or pathogenic avian influenza. Washington, DC 20250. Documents fax (202) 395–5806 and to Departmental Description of Respondents: related to the 39th Session of the CCFH Clearance Office, USDA, OCIO, Mail Individuals or households; Business or will be accessible via the World Wide Stop 7602, Washington, DC 20250– other for-profit; Not-for-profit Web at the following address: http:// 7602. Comments regarding these institutions. www.codexalimentarius.net/ information collections are best assured Number of Respondents: 5,180. current.asp. of having their full effect if received The U.S. Delegate to the 39th Session within 30 days of this notification. Frequency of Responses: Reporting: of the CCFH, Dr. Robert Buchanan of Copies of the submission(s) may be On occasion. FDA, invites U.S. interested parties to obtained by calling (202) 720–8958. Total Burden Hours: 11,760. submit their comments electronically to An agency may not conduct or the following e-mail address: sponsor a collection of information Ruth Brown, ([email protected]). unless the collection of information Departmental Information Collection displays a currently valid OMB control Clearance Officer. Registration number and the agency informs [FR Doc. E7–18917 Filed 9–25–07; 8:45 am] There is no need to pre-register for potential persons who are to respond to BILLING CODE 3410–34–P this meeting. To gain admittance to this the collection of information that such meeting, individuals must present a persons are not required to respond to photo ID for identification. When
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arriving for the meeting, please enter the • Discussion of the Report of the Ad Done at Washington, DC, on: September South Agriculture Building through the Hoc Working Group for Establishment 24, 2007. Second Wing entrance on C Street, SW. of CCFH Work Priorities. F. Edward Scarbrough, For Further Information About the Each issue listed will be fully U.S. Manager for Codex Alimentarius. 39th Session of the CCFH Contact: described in documents distributed, or [FR Doc. 07–4757 Filed 9–24–07; 12:06 pm] Rebecca Buckner, Alternate to the U.S. to be distributed, by the Secretariat prior BILLING CODE 3410–DM–P Delegate to the CCFH, FDA, Center for to the meeting. Members of the public Food Safety and Applied Nutrition, may access or request copies of these Harvey W. Wiley Federal Building, 5100 documents (see ADDRESSES). Paint Branch Parkway, College Park, MD DEPARTMENT OF COMMERCE 20740–3835, Phone: (301) 436–1486, Public Meeting International Trade Administration Fax: (301) 436–2632. E-mail: [email protected]. At the September 26, 2007, public meeting, draft U.S. positions on the [A–475–824] For Further Information About the agenda items will be described and Public Meeting Contact: Amjad Ali, discussed, and attendees will have the Implementation of the Findings of the International Issues Analyst, U.S. Codex opportunity to pose questions and offer WTO Panel in US-Zeroing (EC); Notice Office, Food Safety and Inspection comments. Written comments may be of Determination Under Section 129 of Service, Room 4861, South Agriculture the Uruguay Round Agreements Act: Building, 1400 Independence Avenue, offered at the meeting or sent to the U.S. Delegate for the 39th Session of the Antidumping Duty Order on Stainless SW., Washington, DC 20250, Phone: Steel Sheet and Strip in Coils From (202) 205–7760, Fax: (202) 720–3157. CCFH, Dr. Robert Buchanan (see ADDRESSES). Written comments should Italy SUPPLEMENTARY INFORMATION: state that they relate to activities of the AGENCY: Import Administration, Background 39th Session of the CCFH. International Trade Administration, The Codex Alimentarius (Codex) was Additional Public Notification Department of Commerce. established in 1963 by two United SUMMARY: On August 31, 2007, the U.S. Nations organizations, the Food and Public awareness of all segments of Trade Representative instructed the Agriculture Organization and the World rulemaking and policy development is Department of Commerce (the Health Organization. Through adoption important. Consequently, in an effort to Department) to implement the of food standards, codes of practice, and ensure that minorities, women, and Department’s findings under section 129 other guidelines developed by its persons with disabilities are aware of of the Uruguay Round Agreements Act committees, and by promoting their this notice, FSIS will announce it online (URAA) regarding the offsetting of adoption and implementation by through the FSIS Web page located at dumped sales with non-dumped sales in governments, Codex seeks to protect the http://www.fsis.usda.gov/regulations/ the above-referenced investigation _ _ health of consumers and ensure fair 2007 Notices Index/. FSIS will also involving average-to-average practices are used in trade. make copies of this Federal Register transactions. The Department issued its finding on August 20, 2007, for stainless The Codex Committee on Food publication available through the FSIS steel sheet and strip in coils from Italy Hygiene was established to elaborate Constituent Update, which is used to (Italy SSSS) for ThyssenKrupp Acciai codes, standards and related texts for provide information regarding FSIS Speciali Terni S.P.A. and ThyssenKrupp food hygiene. The Committee is hosted policies, procedures, regulations, AST USA, Inc. (collectively ‘‘TKAST’’).1 by the United States. Federal Register notices, FSIS public meetings, and other types of information The Department hereby implements that Issues To Be Discussed at the Public that could affect or would be of interest finding. Meeting to constituents and stakeholders. The DATES: The effective date of this The following items on the agenda for Update is communicated via Listserv, a determination is August 31, 2007. the 39th Session of the CCFH will be free electronic mail subscription service FOR FURTHER INFORMATION CONTACT: discussed during the public meeting: for industry, trade groups, consumer Daniel O’Brien, William Kovatch, or interest groups, health professionals, • Matters Referred to the Committee Michael Rill, Import Administration, and other individuals who have asked on Food Hygiene from the other Codex International Trade Administration, to be included. The Update is also bodies. U.S. Department of Commerce, 14th • available on the FSIS Web page. Street and Constitution Ave., NW., Proposed Draft Code of Hygienic Through Listserv and the Web page, Practice for Powdered Formulae for Washington, DC 20230; telephone: (202) FSIS is able to provide information to a 482–1376, (202) 482–5052, or (202) 482– Infants and Young Children. much broader and more diverse • 3058, respectively. Proposed Draft Guidelines for the audience. In addition, FSIS offers an SUPPLEMENTARY INFORMATION: Validation of Food Safety Control electronic mail subscription service Measures. which provides automatic and • Microbiological Criteria for Listeria 1 On April 30, 2007, the Department implemented customized access to selected food the findings of the World Trade Organization monocytogenes in Ready-to-Eat Foods. safety news and information. This (WTO) with respect to eleven investigations • Discussion Paper on the Proposed service is available at http:// challenged by the European Communities. For the Draft Guidelines for the Control of www.fsis.usda.gov/news_and_events/ reasons detailed below, the final determination for Campylobacter and Salmonella spp. in _ stainless steel sheet and strip in coils from Italy was email subscription/. Options range from not included in the April 30, 2007, final Broiler (Young Bird) Chicken Meat. recalls to export information to determinations. See Implementation of the Findings • Principles and Guidelines for the regulations, directives and notices. of the WTO Panel in US-Zeroing (EC): Notice of Conduct of Microbiological Risk Customers can add or delete Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Management: Annex II: Guidance on subscriptions themselves, and have the Revocations of Certain Antidumping Duty Orders, Microbiological Risk Management option to password protect their 72 FR 25261 (May 4, 2007) (Implementation Metrics. accounts. Notice).
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Background the Record of the Section 129 appropriate congressional committees, On February 22, 2007, the Department Determination, dated April 19, 2007. the U.S. Trade Representative may initiated twelve proceedings under The Department also held two public direct the Department to implement, in section 129 of the URAA to implement hearings at the request of TKAST. whole or in part, the new determination the WTO dispute settlement panel’s Because of the two hearings, and the made under section 129. report in United States—Laws, placement of the original less-than-fair- See 19 U.S.C. 3538(b)(4). Pursuant to Regulations and Methodology for value investigation record onto the section 129(c), the new determination Calculating Dumping Margins record of this 129 proceeding, the shall apply with respect to unliquidated (‘‘Zeroing’’) (WT/DS294). See Department was delayed in issuing its entries of the subject merchandise that Implementation of the Findings of the final determination with respect to Italy are entered, or withdrawn from WTO Panel in U.S. Zeroing (EC): Notice SSSS. warehouse, for consumption on or after On August 20, 2007, the Department of Initiation of Proceedings Under the date on which the U.S. Trade issued its final results for the Section Section 129 of the URAA; Opportunity Representative directs the Department 129 Determination with respect to Italy to Request Administrative Protective to implement the new determination. SSSS. See the Department’s Memo to Orders; and Proposed Timetable and See 19 U.S.C. 3538(c). The new David M. Spooner, Assistant Secretary Procedures, 72 FR 9306 (March 1, 2007). determination is subject to judicial for Import Administration from Gary In each proceeding, the Department review separate and apart from judicial Taverman, Acting Deputy Assistant recalculated the weighted-average review of the Department’s original Secretary for Import Administration, dumping margin, applying the determination. See 19 U.S.C. titled Issues and Decision Memorandum 1516a(a)(2)(B)(vii). calculation methodology described in for the Final Results of the Section 129 Antidumping Proceedings: Calculation Determination, dated August 20, 2007 Analysis of Comments Received of the Weighted-Average Dumping (Issues and Decision Memorandum). On The issues raised in the case and Margin During an Antidumping August 28, 2007, TKAST submitted an rebuttal briefs submitted by interested Investigation; Final Modification, 71 FR allegation of ministerial errors and on parties to this proceeding are addressed 77722 (December 27, 2006). August 31, 2007, petitioners filed their in the Issues and Decision On February 26, 2007, the Department response to TKAST’s ministerial error Memorandum, which is hereby adopted issued its preliminary determinations submission. The Department intends to by this notice. The Issues and Decision and requested comments. See address all ministerial error comments Memorandum is on file in the Central Memorandum from Stephen J. Claeys, in a subsequent memorandum. Records Unit (CRU), room B–099 of the Deputy Assistant Secretary, to David M. On August 24, and August 28, 2007, Department of Commerce main building Spooner, Assistant Secretary, Regarding consistent with section 129(b)(3) of the and can be accessed directly at http:// Section 129 Determinations: Calculation URAA, the U.S. Trade Representative ia.ita.doc.gov/frn. The paper copy and of the Weighted-Average Margins dated held consultations with the Department electronic version of the Issues and February 26, 2007 (Preliminary and the appropriate congressional Decision Memorandum are identical in Determination). TKAST, Allegheny committees with respect to this content. A list of the issues addressed in Ludlum Corporation, Armco Inc., J&L determination. On August 31, 2007, in the Issues and Decision Memorandum is Specialty Steel, Inc., Washington Steel accordance with sections 129(b)(4) and appended to this notice. Division of Bethlehem Steel 129(c)(1)(B) of the URAA, the U.S. Corporation, the United Steelworkers of Trade Representative directed the Final Dumping Margins America, AFL-CIO/CLC, the Butler Department to implement this The margin for TKAST decreases from Armco Independent Union, and the determination. 11.23 percent to 2.11 percent. The all- Zanesville Armco Independent others rate changes from 11.23 percent Nature of the Proceedings Organization, Inc., (collectively, to 2.11 percent. ‘‘petitioners’’) and the European Union Section 129 of the URAA governs the submitted case briefs with respect to nature and effect of determinations Cash Deposit and Continuation of the Italy SSSS. TKAST and petitioners issued by the Department to implement Suspension of Liquidation submitted rebuttal briefs. In its findings by WTO dispute settlement On August 31, 2007, in accordance comments to the Department, TKAST panels and the Appellate Body. with sections 129(b)(4) and 129(c)(1)(B) alleged clerical errors in the Specifically, section 129(b)(2) provides of the URAA, the U.S. Trade Department’s margin calculation in the that ‘‘notwithstanding any provision of Representative, after consulting with the less-than-fair-value investigation and the Tariff Act of 1930,’’ within 180 days Department and Congress, directed the Preliminary Determination. Because of of a written request from the U.S. Trade Department to implement this these allegations, we placed the original Representative, the Department shall determination. less-than-fair-value investigation record issue a determination that would render Therefore, we will instruct U.S. onto the record of this 129 proceeding its actions not inconsistent with an Customs and Border Protection (CBP) to and invited interested parties to provide adverse finding of a WTO panel or the continue to suspend liquidation of all comments on computational errors that Appellate Body. See 19 U.S.C. entries of subject merchandise from all may have been present in the 3538(b)(2). The Statement of exporters or producers. CBP shall Department’s recalculation of the Administrative Action accompanying continue to require a cash deposit equal weighted-average dumping margin with the Uruguay Round Agreements Act, to the estimated amount by which the respect to TKAST. See the Department’s H.R. Rep. No. 103–316, Vol. 1, 103d normal value exceeds the U.S. price. Memo to the File from Angelica Cong. (1994) (SAA), reprinted in 1994 The suspension of liquidation Mendoza, Program Manager, and U.S.C.C.A.N. 4040, variously refers to instructions will remain in effect until Stephen Bailey, Case Analyst, through such a determination by the Department further notice. The Section 129 Richard Weible, Office Director, AD/ as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ Determination all-others rate will be the CVD Operations/OFC 7, to the File, determination. See SAA at 1025, 1027; new cash deposit rate for all exporters titled Placement of Record from the 19 U.S.C.C.A.N. at 4313–14. After of subject merchandise for whom the Less-Than-Fair-Value Investigation onto consulting with the Department and the Department has not calculated an
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individual rate, which is 2.11 percent. (CZMA), 16 U.S.C. 1451 et seq., and DEPARTMENT OF COMMERCE The cash deposit rates will remain implementing regulations found at 15 unchanged for those companies whose CFR part 930, subpart H. Mill River National Oceanic and Atmospheric cash deposit rates since the original appealed an objection raised by the Administration investigation have been superseded by Commonwealth of Massachusetts, Federal Consistency Appeal by administrative reviews. relative to the proposed construction of Weaver’s Cove Energy, LLC This Section 129 Determination is a liquefied natural gas pipeline, which issued and published in accordance is part of a proposed liquefied natural AGENCY: National Oceanic and with section 129(c)(2)(A) of the URAA. gas terminal to be constructed in Fall Atmospheric Administration (NOAA), See 19 U.S.C. 3538(c)(2)(A). River, Massachusetts. Department of Commerce (Commerce). Dated: September 20, 2007. Under the CZMA, the Secretary may ACTION: Notice of appeal. Stephen J. Claeys, override Massachusetts’ objection on SUMMARY: This announcement provides Deputy Assistant Secretary for Import grounds that the project is consistent Administration. notice that Weaver’s Cove Energy, LLC with the objectives or purposes of the (Weaver’s Cove) has filed an Appendix I—Issues Raised in the Issues CZMA, or necessary in the interest of administrative appeal with the and Decision Memorandum national security. To make the Department of Commerce asking that Comment 1: Clerical Error Allegations. determination that the proposed activity the Secretary override the Comment 2: Whether the Department Has the is ‘‘consistent with the objectives or Commonwealth of Massachusetts Authority to Implement the WTO purposes’’ of the CZMA, the Secretary objection to Weaver’s Cove’s proposed Appellate Body Decision. must find that: (1) The proposed activity liquefied natural gas terminal in Fall Comment 3: The Court of International Trade furthers the national interest as River, Massachusetts. Remand. articulated in sections 302 or 303 of the ADDRESSES: Materials from the appeal [FR Doc. E7–18991 Filed 9–25–07; 8:45 am] CZMA, in a significant or substantial record will be available at the NOAA BILLING CODE 3510–DS–P manner; (2) the adverse effects of the Office of General Counsel for Ocean proposed activity do not outweigh its Services, 1305 East-West Highway, contribution to the national interest, Room 6111, Silver Spring, MD 20910 DEPARTMENT OF COMMERCE when those effects are considered and on the following Web site: http:// www.ogc.doc.gov/czma.htm. National Oceanic and Atmospheric separately or cumulatively; and (3) no Administration reasonable alternative is available that FOR FURTHER INFORMATION CONTACT: would permit the activity to be Brett Grosko, Attorney-Advisor, NOAA Federal Consistency Appeal by Mill conducted in a manner consistent with Office of the General Counsel, 301–713– River Pipeline, LLC the enforceable policies of 7384. Massachusetts’ coastal management SUPPLEMENTARY INFORMATION: AGENCY: National Oceanic and Atmospheric Administration (NOAA), program. 15 CFR 930.121. To make the I. Notice of Appeal Department of Commerce (Commerce). determination that the proposed activity is ‘‘necessary in the interest of national Weaver’s Cove Energy, LLC (Weaver’s ACTION: Notice of appeal. Cove) filed a notice of appeal with the security,’’ the Secretary must find that a Secretary of Commerce pursuant to the SUMMARY: national defense or other national This announcement provides Coastal Zone Management Act of 1972 security interest would be significantly notice that Mill River Pipeline, LLC (CZMA), 16 U.S.C. 1451 et seq., and (Mill River) has filed an administrative impaired were the proposed activity not implementing regulations found at 15 appeal with the Department of permitted to go forward as proposed. 15 CFR part 930, subpart H. Weaver’s Cove Commerce asking that the Secretary CFR 930.122. appealed an objection raised by the override the Commonwealth of II. Appeal Documents Commonwealth of Massachusetts, Massachusetts’ objection to Mill River’s relative to the proposed construction of proposed natural gas pipeline, which is NOAA intends to provide the public a liquefied natural gas terminal in Fall part of a proposed liquefied natural gas with access to all publicly available River, Massachusetts. terminal to be constructed in Fall River, materials and related documents Under the CZMA, the Secretary may Massachusetts. comprising the appeal record during override Massachusetts’ objection on ADDRESSES: Materials from the appeal business hours, at the NOAA Office of grounds that the project is consistent record will be available at the NOAA General Counsel for Ocean Services. with the objectives or purposes of the Office of General Counsel for Ocean CZMA, or necessary in the interest of For additional information about this Services, 1305 East-West Highway, national security. To make the Room 6111, Silver Spring, MD 20910 appeal contact Brett Grosko, 301–713– determination that the proposed activity and on the following Web site: http:// 7384. is ‘‘consistent with the objectives or www.ogc.doc.gov/czma.htm. [Federal Domestic Assistance Catalog No. purposes’’ of the CZMA, the Secretary FOR FURTHER INFORMATION CONTACT: 11.419 Coastal Zone Management Program must find that: (1) The proposed activity Brett Grosko, Attorney-Advisor, NOAA Assistance.] furthers the national interest as Office of General Counsel, 301–713– Dated: September 21, 2007. articulated in sections 302 or 303 of the 7384. CZMA, in a significant or substantial Joel La Bissonniere, SUPPLEMENTARY INFORMATION: manner; (2) the adverse effects of the Assistant General Counsel for Ocean Services. proposed activity do not outweigh its I. Notice of Appeal [FR Doc. E7–19047 Filed 9–25–07; 8:45 am] contribution to the national interest, Mill River Pipeline, LLC (Mill River) BILLING CODE 3510–08–P when those effects are considered filed a notice of appeal with the separately or cumulatively; and (3) no Secretary of Commerce pursuant to the reasonable alternative is available that Coastal Zone Management Act of 1972 would permit the activity to be
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conducted in a manner consistent with Northeast Region, NMFS, One (east coast and rivers of the United enforceable policies of Massachusetts’ Blackburn Drive, Gloucester, MA States in the northeast and southeast coastal management program. 15 CFR 01930–2298; phone (978)281–9300; fax regions) for a period of five years. 930.121. To make the determination that (978)281–9394; and Dated: September 19, 2007. Southeast Region, NMFS, 263 13th the proposed activity is ‘‘necessary in Tammy C. Adams, the interest of national security,’’ the Avenue South, St. Petersburg, FL 33701; phone (727)824–5312; fax (727)824– Acting Chief, Permits, Conservation and Secretary must find that a national Education Division, Office of Protected defense or other national security 5309. Resources, National Marine Fisheries Service. Written comments or requests for a interest would be significantly impaired [FR Doc. E7–18974 Filed 9–25–07; 8:45 am] were the proposed activity not public hearing on this application BILLING CODE 3510–22–S permitted to go forward as proposed. 15 should be mailed to the Chief, Permits, CFR 930.122. Conservation and Education Division, F/PR1, Office of Protected Resources, II. Appeal Documents NMFS, 1315 East-West Highway, Room COMMITTEE FOR THE NOAA intends to provide the public 13705, Silver Spring, MD 20910. Those IMPLEMENTATION OF TEXTILE with access to all publicly available individuals requesting a hearing should AGREEMENTS materials and related documents set forth the specific reasons why a Determination under the Textile and comprising the appeal record during hearing on this particular request would Apparel Commercial Availability business hours, at the NOAA Office of be appropriate. Provision of the Dominican Republic- General Counsel for Ocean Services. Comments may also be submitted by Central America-United States Free For additional information about this facsimile at (301)427–2521, provided Trade Agreement (CAFTA-DR appeal contact Brett Grosko, 301–713– the facsimile is confirmed by hard copy Agreement) 7384. submitted by mail and postmarked no [Federal Domestic Assistance Catalog No. later than the closing date of the September 19, 2007. 11.419 Coastal Zone Management Program comment period. AGENCY: The Committee for the Assistance.] Comments may also be submitted by Implementation of Textile Agreements Dated: September 21, 2007. e-mail. The mailbox address for (CITA). providing e-mail comments is Joel La Bissonniere, ACTION: Determination to add a product [email protected]. Include Assistant General Counsel for Ocean Services. in unrestricted quantities to Annex 3.25 in the subject line of the e-mail of the CAFTA-DR Agreement. [FR Doc. E7–19049 Filed 9–25–07; 8:45 am] comment the following document BILLING CODE 3510–08–P identifier: File No. 1614. EFFECTIVE DATE: September 26, 2007. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Committee for the DEPARTMENT OF COMMERCE Brandy Hutnak or Jennifer Skidmore, Implementation of Textile Agreements (301)713–2289. (CITA) has determined that certain two- National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The way stretch woven fabric of polyester, Administration subject permit is requested under the rayon, and elastomeric yarns, as authority of the Endangered Species Act specified below, are not available in RIN 0648–XC85 of 1973, as amended (ESA; 16 U.S.C. commercial quantities in a timely 1531 et seq.) and the regulations manner in the CAFTA-DR countries. Endangered Species; File No. 1614 governing the taking, importing, and The product will be added to the list in exporting of endangered and threatened Annex 3.25 of the CAFTA-DR AGENCY: National Marine Fisheries species (50 CFR 222–226). Agreement in unrestricted quantities. Service (NMFS), National Oceanic and The applicant proposes to collect, Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: necropsy, sample, and salvage dead Commerce. Richard Stetson, Office of Textiles and shortnose sturgeon (Acipenser Apparel, U.S. Department of Commerce, ACTION: Notice; receipt of application. brevirostrum) found beached, sunken, (202) 482 2582. SUMMARY: Notice is hereby given that floating etc., or taken legally during FOR FURTHER INFORMATION ON- the NOAA Fisheries Northeast Region, other authorized activities, for the LINE: http://web.ita.doc.gov/tacgi/ Protected Resources Division, One purposes of education and scientific CaftaReqTrack.nsf. Reference number: Blackburn Drive, Gloucester, MA 01930, research. The purpose of the proposed 34.2007.08.20.Fabric.Alston&Birdfor has applied in due form for a permit to research is to use the collected sturgeon GlenRiverTrading. to support past, ongoing, and take dead shortnose sturgeon for SUPPLEMENTARYINFORMATION: anticipated research including, but not purposes of scientific research and Authority: Section 203(o)(4) of the enhancement. limited to, morphology, genetics, histopathology, contaminants, age and Dominican Republic-Central America-United DATES: Written, telefaxed, or e-mail growth, food habits, and human impact/ States Free Trade Agreement Implementation Act (CAFTA-DR Act); the Statement of comments must be received on or before anthropogenic mortality. Additionally, October 26, 2007. Administrative Action (SAA), accompanying this work would help promote the the CAFTA-DR Act; Presidential ADDRESSES: The application and related conservation of shortnose sturgeon by Proclamations 7987 (February 28, 2006) and documents are available for review enabling educators to receive and 7996 (March 31, 2006). upon written request or by appointment maintain parts from deceased sturgeon. in the following office(s): The number of fish collected annually BACKGROUND: Permits, Conservation and Education would vary, but likely would not exceed The CAFTA-DR Agreement provides a Division, Office of Protected Resources, 100 per year, unless there was a list in Annex 3.25 for fabrics, yarns, and NMFS, 1315 East-West Highway, Room catastrophic event (e.g. oil spill, fish fibers that the Parties to the CAFTA-DR 13705, Silver Spring, MD 20910; phone kill). Carcasses would be collected Agreement have determined are not (301)713–2289; fax (301)427–2521; opportunistically throughout their range available in commercial quantities in a
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timely manner in the territory of any modifying the Annex 3.25 list. On responses were due to CITA by Party. The CAFTA-DR Agreement March 21, 2007, CITA published final September 10, 2007. provides that this list may be modified procedures it would follow in No interested entity filed a response pursuant to Article 3.25(4)-(5), when the considering requests to modify the advising of its objection to the request President of the United States Annex 3.25 list (72 FR 13256). or its ability to supply the subject determines that a fabric, yarn, or fiber is On August 20, 2007, the Chairman of product. not available in commercial quantities CITA received a commercial availability In accordance with Section in a timely manner in the territory of request from Alston & Bird, LLP, on 203(o)(4)(C) of the CAFTA-DR Act, and any Party. See Annex 3.25, Note; see behalf of Glen River Trading, for certain its procedures, as no interested entity also section 203(o)(4)(C) of the Act. two-way stretch woven fabrics of submitted a response objecting to the The CAFTA-DR Act requires the polyester, rayon, and elastomeric yarns, request or expressing an ability to President to establish procedures of the specifications detailed below. On supply the subject product, CITA has governing the submission of a request August 22, 2007, CITA notified determined to add the specified fabrics and providing opportunity for interested interested parties of, and posted on its to the list in Annex 3.25 of the CAFTA- entities to submit comments and website, the accepted petition and DR Agreement. supporting evidence before a requested that interested entities The subject fabrics are added to the commercial availability determination is provide, by September 4, 2007, a list in Annex 3.25 of the CAFTA-DR made. In Presidential Proclamations response advising of its objection to the Agreement in unrestricted quantities. 7987 and 7996, the President delegated commercial availability request or its to CITA the authority under section ability to supply the subject product. 203(o)(4) of CAFTA-DR Act for CITA also explained that rebuttals to Woven fabric specifications:
HTS Subheading: ...... 5515.11.00 Fiber content: ...... 50 to 77 percent polyester (except for fabrics comprising single yarns in the warp, the polyester content may be higher); 18 to 47 percent rayon; 3 to 8 per- cent spandex Staple length: ...... 4.44 to 6.99 centimeters Yarns ...... (three configurations): ...... Configuration ι1: Warp and filling: plied polyester/rayon staple of various yarn sizes, combined with spandex filament of various deniers...... Configuration ι2: Warp and filling: 34/1 metric or finer* polyester/rayon staple yarn, combined with spandex filament yarn of various deniers...... Configuration ι3: ...... Warp: 34/1 metric or finer* polyester/rayon staple, or plied polyester/rayon staple of various yarn sizes, combined with spandex filament of various deniers...... Filling: singles or plied polyester filament of various yarn sizes, combined with spandex filament of various deniers...... * NOTE:The designation ‘‘34/1 (English 20/1) or finer’’ describes a range of yarn specifications for yarn it its greige condition before dyeing and finishing of the yarn (if applicable) and before weaving, dyeing and finishing of the fabric. It is intended as a specification to be followed by the mill in sourcing yarn used to produce the fabric. Dyeing, finishing and weaving can alter the characteristic of the yarn as it appears in the finished fabric. This specification therefore in- cludes yarns appearing in the finished fabric as coarser than 34/1 (English 20/ 1) provided that the coarser appearance occurs solely as the result of such processes. Thread count: ...... 23 to 51 warp ends by 16 to 39 filling picks per centimeter Weave type: ...... Various (including plain and twill) Weight: ...... 200 to 290 grams per square meter for fabrics comprising of single yarns in the warp ...... 200 to 310 grams per square meter for fabrics comprising of plied yarns in the warp Width: ...... 121 to 165 centimeters Finish: ...... Dyed and of yarns of different colors
R. Matthew Priest, SUMMARY: The Corporation for National telecommunications device for the deaf Chairman, Committee for the Implementation and Community Service (hereinafter the (TTY–TDD) may call (202) 565–2799 of Textile Agreements. ‘‘Corporation’’), has submitted a public between 8:30 a.m. and 5 p.m. eastern [FR Doc. E7–18986 Filed 9–25–07; 8:45 am] information collection request (ICR) time, Monday through Friday. BILLING CODE 3510–DS entitled Demographic Reporting ADDRESSES: Comments may be Elements to the Office of Management submitted, identified by the title of the and Budget (OMB) for review and information collection activity, to the CORPORATION FOR NATIONAL AND approval in accordance with the Office of Information and Regulatory COMMUNITY SERVICE Paperwork Reduction Act of 1995, Pub. Affairs, Attn: Ms. Katherine Astrich, L. 104–13, (44 U.S.C. Chapter 35). OMB Desk Officer for the Corporation Information Collection; Submission for Copies of this ICR, with applicable for National and Community Service, by OMB Review, Comment Request supporting documentation, may be any of the following two methods obtained by calling the Corporation for within 30 days from the date of AGENCY: Corporation for National and publication in this Federal Register: Community Service. National and Community Service, Ms. Amy Borgstrom at (202) 606–6930. (1) By fax to: (202) 395–6974, ACTION: Notice. Individuals who use a Attention: Ms. Katherine Astrich, OMB
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Desk Officer for the Corporation for Agency: Corporation for National and collection requirement for use through National and Community Service; and Community Service. March 31, 2008. DoD proposes that (2) Electronically by e-mail to: Title: Demographic Reporting OMB extend its approval for use for [email protected]. Elements. three additional years. OMB Number: None. SUPPLEMENTARY INFORMATION: The OMB DATES: DoD will consider all comments is particularly interested in comments Agency Number: None. received by November 26, 2007. Affected Public: Grantees of which: ADDRESSES: You may submit comments, • Evaluate whether the proposed AmeriCorps State and National identified by OMB Control Number collection of information is necessary programs. 0704–0386, using any of the following for the proper performance of the Total Respondents: 154. methods: Frequency: Annually. functions of the Corporation, including • Federal eRulemaking Portal: http:// Average Time per Response: 5 hours. whether the information will have www.regulations.gov. Follow the Estimated Total Burden Hours: 770 practical utility; instructions for submitting comments. hours. • Evaluate the accuracy of the • E-mail: [email protected]. Include Total Burden Cost (capital/startup): agency’s estimate of the burden of the OMB Control Number 0704–0386 in the None. proposed collection of information, subject line of the message. Total Burden Cost (operating/ including the validity of the • Fax: 703–602–7887. maintenance): None. methodology and assumptions used; • Mail: Defense Acquisition • Propose ways to enhance the Dated: September 19, 2007. Regulations System, Attn: Ms. Deborah quality, utility, and clarity of the Kristin McSwain, Tronic, OUSD (AT&L) DPAP (DARS), information to be collected; and Director, AmeriCorps State and National. IMD 3D139, 3062 Defense Pentagon, • Propose ways to minimize the [FR Doc. E7–18903 Filed 9–25–07; 8:45 am] Washington, DC 20301–3062. • burden of the collection of information BILLING CODE 6050–$$–P Hand Delivery/Courier: Defense on those who are to respond, including Acquisition Regulations System, Crystal through the use of appropriate Square 4, Suite 200A, 241 18th Street, automated, electronic, mechanical, or DEPARTMENT OF DEFENSE Arlington, VA 22202–3402. other technological collection Comments received generally will be techniques or other forms of information Defense Acquisition Regulations posted without change to http:// technology, e.g., permitting electronic System www.regulations.gov, including any submissions of responses. personal information provided. [OMB Control Number 0704–0386] FOR FURTHER INFORMATION CONTACT: Ms. Comments Information Collection Requirement; Deborah Tronic, 703–602–0289. The A 60-day public comment Notice was Defense Federal Acquisition information collection requirements published in the Federal Register on Regulation Supplement; Small addressed in this notice are available on Wednesday, July 18, 2007. This Business Programs the World Wide Web at: http:// comment period ended September 17, www.acq.osd.mil/dpap/dars/dfars/ 2007. Four public comments were AGENCY: Defense Acquisition index.htm. Paper copies are available received from this Notice. Two Regulations System, Department of from Ms. Deborah Tronic, OUSD (AT&L) commenters asked whether they would Defense (DoD). DPAP (DARS), IMD 3D139, 3062 have to retain non-selected member ACTION: Notice and request for Defense Pentagon, Washington, DC applications. Two commenters comments regarding a proposed 20301–3062. requested clarification of the following extension of an approved information SUPPLEMENTARY INFORMATION: terms: ‘‘disaster response certification,’’ collection requirement. Title and OMB Number: Defense ‘‘mentors,’’ ‘‘disaster preparedness and Federal Acquisition Regulation response,’’ and ‘‘children of SUMMARY: In compliance with section Supplement (DFARS) Part 219, Small incarcerated parents.’’ Grantees will not 3506(c)(2)(A) of the Paperwork Business Programs, and the clause at be required to retain non-selected Reduction Act of 1995 (44 U.S.C. DFARS 252.219–7003; OMB Control member applications. Clarification will Chapter 35), DoD announces the Number 0704–0386. be provided to commenters and other proposed extension of a public Needs and Uses: DoD uses this stakeholders in the form of a Frequently information collection requirement and information in assessing contractor Asked Question document that will be seeks public comment on the provisions compliance with small business widely distributed, and posted on the thereof. DoD invites comments on: (a) subcontracting plans. Corporation Web site soon after this Whether the proposed collection of Affected Public: Businesses or other information collection is reviewed by information is necessary for the proper for-profit and not-for-profit institutions. OMB. performance of the functions of DoD, Annual Burden Hours: 41. Description: The Corporation is including whether the information will Number of Respondents: 41. seeking approval of the attached have practical utility; (b) the accuracy of Responses per Respondent: 1. Demographic Elements for Reporting the estimate of the burden of the Annual Responses: 41. which will be used by grantees of the proposed information collection; (c) Average Burden per Response: 1 hour. Corporation’s AmeriCorps State and ways to enhance the quality, utility, and Frequency: On occasion. National in their annual reporting. The clarity of the information to be Demographic Reporting Elements will collected; and (d) ways to minimize the Summary of Information Collection provide information for Corporation burden of the information collection on DFARS 219.704 and the clause at staff to monitor grantee progress, and to respondents, including the use of DFARS 252.219–7003, Small Business respond to requests from Congress and automated collection techniques or Subcontracting Plan (DoD Contracts), other stakeholders. other forms of information technology. require large business prime contractors Type of Review: New Information The Office of Management and Budget to notify the administrative contracting Collection. (OMB) has approved this information officer when a firm that is not a small
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business is substituted for a small Management, publishes that notice Information Relay Service (FIRS) at business that is specifically identified in containing proposed information 1–800–877–8339. a subcontracting plan. Notifications collection requests prior to submission [FR Doc. E7–18977 Filed 9–25–07; 8:45 am] must be in writing and may be of these requests to OMB. Each BILLING CODE 4000–01–P submitted in a contractor-specified proposed information collection, format. grouped by office, contains the following: (1) Type of review requested, Michele P. Peterson, e.g. new, revision, extension, existing or DEPARTMENT OF ENERGY Editor, Defense Acquisition Regulations reinstatement; (2) Title; (3) Summary of System. Federal Energy Regulatory the collection; (4) Description of the Commission [FR Doc. E7–19002 Filed 9–25–07; 8:45 am] need for, and proposed use of, the BILLING CODE 5001–08–P information; (5) Respondents and [Docket Nos. ER04–157–022, ER04–714– frequency of collection; and (6) 012, EL05–89–002] Reporting and/or Recordkeeping DEPARTMENT OF EDUCATION burden. OMB invites public comment. Bangor Hydro-Electric Company; Florida Power & Light Company; New Submission for OMB Review; Dated: September 20, 2007. England Transmission Owners; Errata Comment Request Delores J. Barber, Notice Extending Comment Date Acting Leader, Information Management Case AGENCY: Department of Education. Services Team, Regulatory Information September 19, 2007. SUMMARY: The Acting Leader, Management Services, Office of Management. On September 18, 2007, the Information Management Case Services Federal Student Aid Commission issued a notice in the Team, Regulatory Information above-captioned proceeding. Combined Management Services, Office of Type of Review: Extension. Notice Of Filings # 1, September 18, Management invites comments on the Title: Lender’s Request for Payment of 2007. The comment date on the notice submission for OMB review as required Interest and Special Allowance—LaRS. read ‘‘Monday, September 17, 2007.’’ by the Paperwork Reduction Act of Frequency: Quarterly; Annually. This errata notice extends the comment 1995. Affected Public: Business or other for- due date to Wednesday, September 26, DATES: Interested persons are invited to profits; Not-for-profit institutions. 2007. Reporting and Recordkeeping Hour submit comments on or before October Kimberly D. Bose, Burden: 26, 2007. Secretary. ADDRESSES: Written comments should Responses: 12,800. [FR Doc. E7–18907 Filed 9–25–07; 8:45 am] be addressed to the Office of Burden Hours: 31,200. BILLING CODE 6717–01–P Information and Regulatory Affairs, Abstract: The Lender’s Request for Attention: Education Desk Officer, Payment of Interest and Special Office of Management and Budget, 725 Allowance—LaRS (ED Form 799) is DEPARTMENT OF ENERGY 17th Street, NW., Room 10222, used by approximately 3,546 lenders Washington, DC 20503. Commenters are participating in the Title IV, PART B Federal Energy Regulatory encouraged to submit responses loan programs. The ED Form 799 is used Commission electronically by e-mail to to pay interest and special allowance to [Docket No. EF07–2021–000] [email protected] or via fax holders of the Part B loans; and to to (202) 395–6974. Commenters should capture quarterly data from lender’s United States Department of Energy- include the following subject line in loan portfolio for financial and Bonneville Power Administration; their response ‘‘Comment: [insert OMB budgetary projections. Order Approving Rates on an Interim number], [insert abbreviated collection Requests for copies of the information Basis and Providing Opportunity for name, e.g., ‘‘Upward Bound collection submission for OMB review Additional Comments Evaluation’’]. Persons submitting may be accessed from http:// comments electronically should not edicsweb.ed.gov, by selecting the Issued September 20, 2007. submit paper copies. ‘‘Browse Pending Collections’’ link and Before Commissioners: Joseph T. Kelliher, SUPPLEMENTARY INFORMATION: Section by clicking on link number 3416. When Chairman; Suedeen G. Kelly, Marc Spitzer, 3506 of the Paperwork Reduction Act of you access the information collection, Philip D. Moeller, and Jon Wellinghoff 1995 (44 U.S.C. Chapter 35) requires click on ‘‘Download Attachments’’ to 1. In this order, we approve the that the Office of Management and view. Written requests for information Bonneville Power Administration’s Budget (OMB) provide interested should be addressed to U.S. Department (Bonneville) proposed 2008 Federal agencies and the public an early of Education, 400 Maryland Avenue, Transmission and Ancillary Services opportunity to comment on information SW., Potomac Center, 9th Floor, (2008 Transmission) rates on an interim collection requests. OMB may amend or Washington, DC 20202–4700. Requests basis, pending our full review. We also waive the requirement for public may also be electronically mailed to provide an additional period of time for consultation to the extent that public [email protected] or faxed to 202– the parties to file comments. participation in the approval process 245–6623. Please specify the complete would defeat the purpose of the title of the information collection when Background information collection, violate State or making your request. 2. On May 22, 2007, Bonneville, in Federal law, or substantially interfere Comments regarding burden and/or accordance with the Pacific Northwest with any agency’s ability to perform its the collection activity requirements Electric Power Planning and statutory obligations. The Acting should be electronically mailed to Conservation Act (Northwest Power Leader, Information Management Case [email protected]. Individuals who Act),1 and Subpart B of Part 300 of the Services Team, Regulatory Information use a telecommunications device for the Management Services, Office of deaf (TDD) may call the Federal 1 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000).
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Commission’s regulations,2 filed with Northwest Utilities, Powerex Corp., are then submitted to the Commission the Commission its proposed 2008 Public Power Council, and Puget Sound for approval or disapproval. In this Transmission rates.3 Bonneville also Energy, Inc., raising no substantive regard, the Commission’s role can be seeks a finding by the Commission that issues. viewed as an appellate one: To affirm or the proposed 2008 Transmission rates 4. In addition, the Electric Power remand the rates submitted to it for associated with service provided under Supply Association (EPSA) and the review.11 its open access transmission tariff Northwest and Intermountain Power 8. Moreover, review at this interim (OATT) 4 satisfy the Commission’s Producers Coalition (NIPPC) filed a joint stage is further limited. In view of the comparability standards applicable to motion to intervene and protest. LS volume and complexity of a Bonneville non-public utilities pursuant to the Power Associates, L.P. (LS Power) filed rate application, such as the one now reciprocity conditions of Order No. a timely motion to intervene and before the Commission in this filing, 888.5 Bonneville states that the protest. EPSA, NIPPC and LS Power and the limited period in advance of the governing statute and case law do not challenge Bonneville’s plan to no longer requested effective date in which to provide the Commission latitude to compensate unaffiliated generators review the application,12 the review these rates in the same manner within its control area for generation- Commission generally defers resolution as the Federal Power Act (FPA) 6 supplied reactive power service, as of issues on the merits until an order on provides for public utilities. Rather, unduly discriminatory and in violation final confirmation and approval. Thus, according to Bonneville, if it has of Commission policy. Bonneville filed proposed rates, if not patently deficient, satisfied the standards of the Northwest an answer in response to the protests. generally are approved on an interim Power Act,7 the Commission is required Discussion basis and the parties are afforded an to confirm and approve these rates.8 additional opportunity in which to raise 3. Notice of Bonneville’s filing was Procedural Matters issues with regard to Bonneville’s published in the Federal Register, with filing.13 protests and interventions due on or 5. Pursuant to Rule 214 of the before June 21, 2007.9 Timely motions Commission’s Rules of Practice and Interim Approval Procedure, 18 CFR 385.214 (2007), the to intervene were filed by Avista 9. The Commission declines at this Corporation, PacifiCorp, Portland timely, unopposed motions to intervene serve to make the entities that filed time to grant final confirmation and General Electric Company, Idaho Power approval of Bonneville’s proposed 2008 Company, Industrial Customers of them parties to this proceeding. Rule 213(a)(2) of the Commission’s Rules of Transmission rates. The Commission’s preliminary review nevertheless 2 Practice and Procedure, 18 CFR 18 CFR part 300 (2007). indicates that Bonneville’s 2008 3 The proposed transmission rate schedules for 385.213(a)(2) (2007), prohibits an which Bonneville seeks approval for the two year answer to a protest unless otherwise Transmission rates appear to meet the period ending September 30, 2009 include: FPT– ordered by the decisional authority. We statutory standards and the minimum 08.1 (Formula Power Transmission); FPT–08.3 will accept Bonneville’s answer because threshold filing requirements of Part 300 (Formula Power Transmission); IR–08 (Integration of the Commission’s regulations.14 of Resources); NT–08 (Network Integration); PTP– it has provided information that assisted 08 (Point-to-Point Firm Transmission); IS–08 us in our decision-making process. Moreover, the Commission’s (Southern Intertie Transmission); IM–08 (Montana preliminary review of Bonneville’s Intertie Transmission); UFT–08 (Use-of-Facilities Standard of Review submittal indicates that it does not Transmission); AF–08 (Advance Funding); TGT–08 contain any patent deficiencies. The (Townsend-Garrison Transmission); IE–08 (Eastern 6. Under the Northwest Power Act, Intertie); ACS–08 (Ancillary Services and Control the Commission’s review of proposed rates, therefore, will be Areas Services); and GRSPs (General Rate Schedule Bonneville’s transmission rates is approved on an interim basis pending Provisions for Transmission and Ancillary limited to determining whether our full review for final approval. We Services). note, as well, that no one will be 4 The proposed rate schedules associated with Bonneville’s proposed rates meet the Bonneville’s OATT are: Network Integration (NT– three specific requirements of section harmed by this decision because interim 08), Point-to-Point (PTP–08), Southern Intertie (IS– 7(a)(2): approval allows Bonneville’s rates to go 08), Montana Intertie (IM–08), Use-Of-Facilities (A) They must be sufficient to assure into effect subject to refund with (UFT–08), Advance Funding (AF–08), Ancillary repayment of the Federal investment in interest; the Commission may order Services (ACS–08), and GRSPs. refunds with interest if the Commission 5 See Promoting Wholesale Competition Through the Federal Columbia River Power Open Access Non-discriminatory Transmission System over a reasonable number of later determines in its final decision not Services by Public Utilities and Recovery of years after first meeting the to approve the rates.15 The Commission Stranded Costs by Public Utilities and Transmitting Administrator’s other costs; will address concerns raised by Utilities, Order No. 888, FERC Stats. & Regs. protesters in the final decision. ¶ 31,036 (1996), order on reh’g, Order No. 888–A, (B) They must be based upon the FERC Stats. & Regs. ¶ 31,048 (1997), order on reh’g, Administrator’s total system costs; and Order No. 888–B, 81 FERC ¶ 61,248 (1997), order (C) Insofar as transmission rates are 11 See United States Department of Energy— on reh’g, Order No. 888–C, 82 FERC ¶ 61,046 concerned, they must equitably allocate Bonneville Power Administration, 67 FERC ¶ 61,351 (1998), aff’d in relevant part sub nom. Transmission at 62,216–17 (1994); see also, e.g., Aluminum Access Policy Study Group v. FERC, 225 F.3d 667 the costs of the Federal transmission Company of America v. Bonneville Power (D.C. Cir. 2000), aff’d sub nom. New York v. FERC, system between Federal and non- Administration, 903 F.2d 585, 592–93 (9th Cir. 535 U.S. 1 (2002). Federal power.10 1989). 6 16 U.S.C. 824 et seq. (2000). Bonneville also 7. Unlike the Commission’s statutory 12 See 18 CFR 300.10(a)(3)(ii) (2007). must comply with the financial, accounting, and authority under the FPA, the 13 See, e.g., United States Department of Energy— ratemaking requirements in Department of Energy Bonneville Power Administration, 64 FERC ¶ 61,375 Order No. RA 6120.2. Commission’s authority under section at 63,606 (1993); United States Department of 7 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000). 7(a)(2) of the Northwest Power Act does Energy—Bonneville Power Administration, 40 FERC 8 Central Lincoln Peoples’ Utility District v. not include the power to modify the ¶ 61,351 at 62,059–60 (1987). Johnson, 735 F.2d 1101, 1110 (9th Cir. 1984) rates. The responsibility for developing 14 See, e.g., United States Department of Energy— (holding that the Northwest Power Act ‘‘remove[s] Bonneville Power Administration, 105 FERC FERC from actual ratemaking * * * and limit[s] rates in the first instance is vested with ¶ 61,006 at P 13–14 (2003); United States FERC’s role to financial oversight of the regional Bonneville’s Administrator. The rates Department of Energy—Bonneville Power rates’’). Administration, 96 FERC ¶ 61,360 at 62,358 (2001). 9 72 FR 32,633 (2007). 10 See 16 U.S.C. 839e(a)(2) (2000). 15 18 CFR 300.20(c) (2007).
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10. In addition, we will provide an Procedure (18 CFR 385.211, 385.214). State sales and use tax exemptions with additional period of time for parties to Protests will be considered by the respect to the pipeline, compression and file comments and reply comments on Commission in determining the appurtenant facilities that have been issues related to final confirmation and appropriate action to be taken, but will authorized by the Commission. The approval of Bonneville’s 2008 not serve to make protestants parties to transactions consist of the transfer of a Transmission rates. This will ensure the proceeding. Any person wishing to leasehold interest in such facilities to that the record in this proceeding is become a party must file a notice of the respective Industrial Development complete and fully developed. intervention or motion to intervene, as Agency (IDA) of the Counties of The Commission Orders: appropriate. Such notices, motions, or Genesee, Ontario, Yates, Schuyler, (A) Interim approval of Bonneville’s protests must be filed on or before the Chemung and Steuben Counties, New proposed 2008 Transmission rates is comment date. On or before the York where the facilities will be located. hereby granted, to become effective on comment date, it is not necessary to EPI will retain operational control of, October 1, 2007, subject to refund with serve motions to intervene or protests and responsibility for, the facilities. EPI interest as set forth in section 300.20(c) on persons other than the Applicant. asserts that the transaction will have no of the Commission’s regulations, 18 CFR The Commission encourages affect on the natural gas transportation 300.20(c) (2007), pending final action electronic submission of protests and service that it will provide to its and either approval or disapproval. interventions in lieu of paper using the customers. Upon termination of the (B) Within thirty (30) days of the date ‘‘eFiling’’ link at http://www.ferc.gov. leases, EPI will reacquire its full of this order, parties who wish to do so Persons unable to file electronically ownership interest in the facilities. The may file additional comments regarding should submit an original and 14 copies application is on file with the final confirmation and approval of of the protest or intervention to the Commission and open to public Bonneville’s proposed rates. Parties who Federal Energy Regulatory Commission, inspection. This filing may also be wish to do so may file reply comments 888 First Street, NE., Washington, DC viewed on the Commission’s Web site at within twenty (20) days thereafter. 20426. http://www.ferc.gov using the (C) The Secretary shall promptly This filing is accessible on-line at ‘‘eLibrary’’ link. Enter the docket publish this order in the Federal http://www.ferc.gov, using the number, excluding the last three digits, Register. ‘‘eLibrary’’ link and is available for in the docket number field to access the document. For assistance, call (202) By the Commission. review in the Commission’s Public Reference Room in Washington, DC. 502–8659 or TTY, (202) 208–3676. Nathaniel J. Davis, Sr., There is an ‘‘eSubscription’’ link on the Any questions regarding this petition Acting Deputy Secretary. Web site that enables subscribers to should be directed to Antoinetta [FR Doc. E7–18929 Filed 9–25–07; 8:45 am] receive e-mail notification when a Mucilli, Senior Attorney for Empire BILLING CODE 6717–01–P document is added to a subscribed Pipeline, Inc., 6363 Main Street, docket(s). For assistance with any FERC Williamsville, NY 14221, at (716) 857– Online service, please e-mail 7067. DEPARTMENT OF ENERGY [email protected], or call Pursuant to section 157.9 of the (866) 208–3676 (toll free). For TTY, call Commission’s rules, 18 CFR 157.9, Federal Energy Regulatory within 90 days of this Notice the Commission (202) 502–8659. Comment Date: 5 p.m. Eastern Time Commission staff will either: Complete [Docket Nos. EL07–97–000; QF99–95–002; on October 12, 2007. its environmental assessment (EA) and QF07–129–001] place it into the Commission’s public Kimberly D. Bose, record (eLibrary) for this proceeding; or Chugach Electric Association, Inc.; Secretary. issue a Notice of Schedule for Tiqun Energy, Inc.; Tiqun Energy, Inc.; [FR Doc. E7–18908 Filed 9–25–07; 8:45 am] Environmental Review. If a Notice of Notice of Filing BILLING CODE 6717–01–P Schedule for Environmental Review is issued, it will indicate, among other September 19, 2007. milestones, the anticipated date for the Take notice that on September 12, DEPARTMENT OF ENERGY Commission staff’s issuance of the final 2007, Chugach Electric Association, Inc. environmental impact statement (FEIS) (Chugach), filed a Petition for Federal Energy Regulatory or EA for this proposal. The filing of the Declaratory Order and Motion for Commission EA in the Commission’s public record Revocation seeking the revocation of the [Docket Nos. CP06–5–007] for this proceeding or the issuance of a qualifying facility (QF) status of two Notice of Schedule for Environmental QFs self-certified by Tiqun Energy, Inc. Empire Pipeline Inc.; Notice of Review will serve to notify federal and (Tiqun). The two QFs, neither of which Application state agencies of the timing for the has been built, are the Knik Arm Power completion of all necessary reviews, and Plant (KAPP), which was self-recertified September 20, 2007. the subsequent need to complete all by Tiqun in Docket No. QF99–95–001, Take notice that on September 14, federal authorizations within 90 days of and the Pioneer Energy Project, which 2007, Empire Pipeline, Inc. (EPI), 6363 the date of issuance of the Commission was self-certified by Tiqun in Docket Main Street, Williamsville, New York staff’s FEIS or EA. No. QF07–129–000. Chugach claims 14221, filed in Docket No. CP06–5–007, There are two ways to become that neither the KAPP facility nor the an application under section 7 of the involved in the Commission’s review of Pioneer facility meet the criteria for QF Natural Gas Act (NGA), to amend its this project. First, any person wishing to status, and thus the Commission should certificate of public convenience and obtain legal status by becoming a party issue an order revoking their QF status. necessity issued by the Commission on to the proceedings for this project Any person desiring to intervene or to December 21, 2006. EPI requests should, on or before the comment date protest this filing must file in authorization to proceed with stated below, file with the Federal accordance with Rules 211 and 214 of transactions necessary for EPI to receive Energy Regulatory Commission, 888 the Commission’s Rules of Practice and local real property tax and New York First Street, NE., Washington, DC 20426,
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a motion to intervene in accordance This filing is accessible on-line at This filing is accessible on-line at with the requirements of the http://www.ferc.gov, using the http://www.ferc.gov, using the Commission’s Rules of Practice and ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for Procedure (18 CFR 385.214 or 385.211) review in the Commission’s Public review in the Commission’s Public and the Regulations under the NGA (18 Reference Room in Washington, DC. Reference Room in Washington, DC. CFR 157.10). A person obtaining party There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the status will be placed on the service list Web site that enables subscribers to Web site that enables subscribers to maintained by the Secretary of the receive e-mail notification when a receive email notification when a Commission and will receive copies of document is added to a subscribed document is added to a subscribed all documents filed by the applicant and docket(s). For assistance with any FERC docket(s). For assistance with any FERC by all other parties. A party must submit Online service, please e-mail Online service, please e-mail 14 copies of filings made with the [email protected], or call [email protected], or call Commission and must mail a copy to (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call the applicant and to every other party in (202) 502–8659. (202) 502–8659. the proceeding. Only parties to the Comment Date: October 4, 2007. Comment Date: 5 p.m. Eastern Time proceeding can ask for court review of on October 12, 2007. Kimberly D. Bose, Commission orders in the proceeding. Kimberly D. Bose, However, a person does not have to Secretary. intervene in order to have comments [FR Doc. E7–18985 Filed 9–25–07; 8:45 am] Secretary. considered. The second way to BILLING CODE 6717–01–P [FR Doc. E7–18905 Filed 9–25–07; 8:45 am] participate is by filing with the BILLING CODE 6717–01–P Secretary of the Commission, as soon as DEPARTMENT OF ENERGY possible, an original and two copies of DEPARTMENT OF ENERGY comments in support of or in opposition Federal Energy Regulatory to this project. The Commission will Commission Federal Energy Regulatory consider these comments in Commission determining the appropriate action to be taken, but the filing of a comment alone [Docket No. TS04–286–003] [Docket Nos. EL07–101–000; ER05–6–100;. EL04–135–003; EL02–111–120; EL02–111– will not serve to make the filer a party Exelon Corporation; Notice of Filing to the proceeding. The Commission’s 120; EL03–212–116] rules require that persons filing September 19, 2007. American Electric Power Service comments in opposition to the project Take notice that on September 12, Corporation v. Midwest Independent provide copies of their protests only to 2007, Exelon Corporation, on behalf of Transmission System Operator, Inc., the party or parties directly involved in its subsidiary, Commonwealth energy and PJM Interconnection, L.L.C.; the protest. Company, filed a request for limited Midwest Independent Transmission Persons who wish to comment only expansion of scope of an existing System Operator, Inc.; Midwest on the environmental review of this Standards of Conduct waiver relating to Independent Transmission System project should submit an original and provider-of-last resort service as a result Operator, Inc., PJM Interconnection, two copies of their comments to the of new legislation by the State of L.L.C., et al.; Midwest Independent Secretary of the Commission. Illinois. Transmission System Operator, Inc., Environmental commentors will be Any person desiring to intervene or to PJM Interconnection, L.L.C., et al.; placed on the Commission’s protest this filing must file in Ameren Services Company, et al.; environmental mailing list, will receive accordance with Rules 211 and 214 of Notice of Complaint copies of the environmental documents, the Commission’s Rules of Practice and and will be notified of meetings Procedure (18 CFR 385.211, 385.214). September 19, 2007. associated with the Commission’s Protests will be considered by the Take notice that on September 17, environmental review process. Commission in determining the 2007, American Electric Power Service Environmental commentors will not be appropriate action to be taken, but will Corporation on behalf of Appalachian required to serve copies of filed not serve to make protestants parties to Power Company, Columbus Southern documents on all other parties. the proceeding. Any person wishing to Power Company, Indiana Michigan However, the non-party commentors become a party must file a notice of Power Company, Kentucky Power will not receive copies of all documents intervention or motion to intervene, as Company, Kingsport Power Company, filed by other parties or issued by the appropriate. Such notices, motions, or Ohio Power Company and Wheeling Commission (except for the mailing of protests must be filed on or before the Power Company (collectively, AEP), environmental documents issued by the comment date. Anyone filing a motion pursuant to Rule 206 of the Rules of Commission) and will not have the right to intervene or protest must serve a copy Practice and Procedure and sections 206 to seek court review of the of that document on the Applicant and and 306 of the Federal Power Act, filed Commission’s final order. all the parties in this proceeding. a Complaint and Motion to Consolidate The Commission strongly encourages The Commission encourages against Midwest Independent electronic filings of comments, protests electronic submission of protests and Transmission System Operator, Inc. and interventions in lieu of paper using interventions in lieu of paper using the (Midwest ISO) and PJM Interconnection, the ‘‘eFiling’’ link at http:// ‘‘eFiling’’ link at http://www.ferc.gov. L.L.C. (PJM), alleging that the rate www.ferc.gov. Persons unable to file Persons unable to file electronically designs underlying their open access electronically should submit an original should submit an original and 14 copies transmission tariffs are unjust, and 14 copies of the protest or of the protest or intervention to the unreasonable, and unduly intervention to the Federal Energy Federal Energy Regulatory Commission, discriminatory and therefore must be Regulatory Commission, 888 First 888 First Street, NE., Washington, DC revised. AEP requests that the Street, NE., Washington, DC 20426. 20426. Commission establish a refund-effective
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date of October 1, 2007, with respect to DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call the necessary revisions. (202) 502–8659. Federal Energy Regulatory AEP states that copies of the Comment Date: 5 p.m. Eastern Time Commission Complaint were served upon the on October 9, 2007. contacts for Midwest ISO and PJM as [Docket No. EL07–102–000] Kimberly D. Bose, listed on the Commission’s list of Montgomery Great Falls Energy Secretary. Corporate Officials. Partners LP, Complainant v. [FR Doc. E7–18909 Filed 9–25–07; 8:45 am] Any person desiring to intervene or to NorthWestern Corporation, d/b/a BILLING CODE 6717–01–P protest this filing must file in NorthWestern Energy, Respondent; accordance with Rules 211 and 214 of Notice of Complaint the Commission’s Rules of Practice and DEPARTMENT OF ENERGY Procedure (18 CFR 385.211, 385.214). September 19, 2007. Take notice that on September 17, Federal Energy Regulatory Protests will be considered by the Commission Commission in determining the 2007, Montgomery Great Falls Energy Partners LP (Montgomery Great Falls) appropriate action to be taken, but will [Project No. 12470–001] filed a Complaint against NorthWestern not serve to make protestants parties to Corporation, d/b/a NorthWestern Energy City of Broken Bow, Oklahoma; Notice the proceeding. Any person wishing to (NorthWestern) requesting that the Soliciting Comments and Final Terms become a party must file a notice of Commission issue an order granting and Conditions, Recommendations, intervention or motion to intervene, as relief for the failure of NorthWestern to and Prescriptions appropriate. The Respondent’s answer adhere to the tariff standards with and all interventions, or protests must regard to the management of its September 19, 2007. be filed on or before the comment date. generator interconnection queue. Take notice that the following The Respondent’s answer, motions to Montgomery Great Falls certifies that hydroelectric application and applicant- intervene, and protests must be served copies of the complaint were served on prepared environmental assessment on the Complainants. the contacts for NorthWestern as listed have been filed with the Commission and are available for public inspection. The Commission encourages on the Commission’s list of Corporate a. Type of Application: Original Major electronic submission of protests and Officials. Any person desiring to intervene or to License. interventions in lieu of paper using the protest this filing must file in b. Project No.: 12470–001. ‘‘eFiling’’ link at http://www.ferc.gov. accordance with Rules 211 and 214 of c. Date filed: July 26, 2006. Persons unable to file electronically the Commission’s Rules of Practice and d. Applicant: City of Broken Bow, should submit an original and 14 copies Procedure (18 CFR 385.211, 385.214). Oklahoma. of the protest or intervention to the Protests will be considered by the e. Name of Project: Broken Bow Re- Federal Energy Regulatory Commission, Commission in determining the Regulation Dam Hydropower Project. 888 First Street, NE., Washington, DC appropriate action to be taken, but will f. Location: On the Mountain Fork 20426. not serve to make protestants parties to River in McCurtain County, Oklahoma. This filing is accessible online at the proceeding. Any person wishing to The project would be located at the http://www.ferc.gov, using the become a party must file a notice of United States Army Corps of Engineers’ ‘‘eLibrary’’ link and is available for intervention or motion to intervene, as (Corps) Broken Bow Re-Regulation Dam review in the Commission’s Public appropriate. Such notices, motions, or and would occupy lands administered Reference Room in Washington, DC. protests must be filed on or before the by the Corps. g. Filed Pursuant to: Federal Power There is an ‘‘eSubscription’’ link on the comment date. Anyone filing a motion Act, 16 U.S.C. 791 (a)—825(r). Web site that enables subscribers to to intervene or protest must serve a copy h. Applicant Contact: Olen Hill, City receive email notification when a of that document on the Applicant and all the parties in this proceeding. Manager, City of Broken Bow, document is added to a subscribed The Commission encourages Oklahoma, 210 North Broadway, Broken docket(s). For assistance with any FERC electronic submission of protests and Bow, Oklahoma 74728; (405) 584–2282. Online service, please e-mail interventions in lieu of paper using the i. FERC Contact: Peter Leitzke at (202) [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. 502–6059, or [email protected]. (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically j. Deadline for filing comments, and (202) 502–8659. should submit an original and 14 copies final terms and conditions, Comment Date: 5 p.m. Eastern Time of the protest or intervention to the recommendations, and prescriptions: 60 on October 9, 2007. Federal Energy Regulatory Commission, days from the issuance of this notice. 888 First Street, NE., Washington, DC All reply comments must be filed with Kimberly D. Bose, 20426. the Commission within 105 days from Secretary. This filing is accessible online at the date of this notice. [FR Doc. E7–18910 Filed 9–25–07; 8:45 am] http://www.ferc.gov, using the All documents (original and eight BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for copies) should be filed with: Kimberly review in the Commission’s Public D. Bose, Secretary, Federal Energy Reference Room in Washington, DC. Regulatory Commission, 888 First There is an ‘‘eSubscription’’ link on the Street, NE., Washington, DC 20426. Web site that enables subscribers to The Commission’s Rules of Practice receive e-mail notification when a and Procedure require all intervenors document is added to a subscribed filing documents with the Commission docket(s). For assistance with any FERC to serve a copy of that document on Online service, please e-mail each person on the official service list [email protected], or call for the project. Further, if an intervenor
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files comments or documents with the persons listed on the service list filed pro forma tariff sheets on August Commission relating to the merits of an prepared by the Commission in this 15, 2007. issue that may affect the responsibilities proceeding, in accordance with 18 CFR Take notice that a technical of a particular resource agency, they 4.34(b), and 385.2010. conference will be held on Monday, must also serve a copy of the document You may also register online at October 15, 2007, at 10 a.m. (EST), in a on that resource agency. http://www.ferc.gov.esubscribenow.htm room to be designated at the offices of Comments, terms and conditions, to be notified via e-mail of new filings the Federal Energy Regulatory recommendations, and prescriptions and issuances related to this or other Commission, 888 First Street, NE., may be filed electronically via the pending projects. For assistance, contact Washington, DC 20426. Internet in lieu of paper. The FERC Online Support. FERC conferences are accessible Commission strongly encourages under section 508 of the Rehabilitation n. Procedural Schedule: The electronic filings. See 18 CFR Act of 1973. For accessibility Commission staff proposes to issue a 385.2001(a)(1)(iii) and the instructions accommodations please send an e-mail single Environmental Assessment (EA) on the Commission’s Web site (http:// to [email protected] or call toll free rather than issuing a draft and final EA. www.ferc.gov) under the ‘‘e-Filing’’ link. (866) 208–3372 (voice) or 202–502–8659 Staff intends to allow at least 30 days for k. This application has been accepted. (TTY), or send a fax to 202–208–2106 entities to comment on the EA. The l. The proposed run-of-river project, with the required accommodations. Commission will take into consideration using the Corps’ existing Broken Bow All interested parties and staff are all comments received on the EA before Re-Regulation Dam and Reservoir, permitted to attend. For further taking final action on the license would consist of: (1) Three 93.5-foot- information please contact Jacob application. The application will be long penstocks through the eastern Silverman at (202) 502–8445 or e-mail processed according to the following portion of the re-regulation dam; (2) a Jacob [email protected]. 112-foot-wide by 129-foot-long schedule, but revisions to the schedule powerhouse containing three turbine- may be made as appropriate: Kimberly D. Bose, generator units, having a total installed Issue Notice of availability of the EA: Secretary. capacity of 4 megawatts; (3) a 170-foot- March 2008. [FR Doc. E7–18984 Filed 9–25–07; 8:45 am] long tailrace that would return flows to o. A license applicant must file no BILLING CODE 6717–01–P the Mountain Fork River; (4) a 1,891- later than 60 days following the date of foot-long, 13.8-kilovolt transmission issuance of this notice: (1) A copy of the line; and (5) appurtenant facilities. The water quality certification; (2) a copy of DEPARTMENT OF ENERGY project would have an average annual the request for certification, including Federal Energy Regulatory generation of 17,500 megawatt-hours. proof of the date on which the certifying m. A copy of the application is Commission agency received the request; or (3) available for review at the Commission evidence of waiver of water quality in the Public Reference Room or may be Combined Notice of Filings #1 certification. viewed on the Commission’s Web site at September 21, 2007. http://www.ferc.gov using the Kimberly D. Bose, Take notice that the Commission has ‘‘eLibrary’’ link. Enter the docket Secretary. received the following Natural Gas number excluding the last three digits in [FR Doc. E7–18906 Filed 9–25–07; 8:45 am] Pipeline Rate and Refund Report filings: the docket number field to access the BILLING CODE 6717–01–P document. For assistance, contact FERC Docket Numbers: RP00–404–020. Online Support at RP07–330–002. Applicants: Northern Natural Gas [email protected] or toll- DEPARTMENT OF ENERGY free at 1–866–208–3676, or for TTY, Company. (202) 502–8659. A copy is also available Federal Energy Regulatory Description: Northern Natural Gas for inspection and reproduction at the Commission Company submits Substitute Third address in item h above. Revised Sheet 260A et al. to FERC Gas Tariff, Fifth Revised Volume 1. All filings must: (1) Bear in all capital [Docket No. RP04–42–000] letters the title ‘‘COMMENTS’’, ‘‘REPLY Filed Date: 09/17/2007. COMMENTS’’, Southern Natural Gas Company; Accession Number: 20070918–0100. ‘‘RECOMMENDATIONS’’, ‘‘TERMS Notice of Technical Conference Comment Date: 5 p.m. Eastern Time AND CONDITIONS’’, or on Monday, October 01, 2007. ‘‘PRESCRIPTIONS’’; (2) set forth in the September 20, 2007. Docket Numbers: RP99–301–167. heading the name of the applicant and The Federal Energy Regulatory Applicants: ANR Pipeline Company. the project number of the application to Commission’s (Commission or FERC) Description: ANR Pipeline Company which the filing responds; (3) furnish September 27, 2006 Order in the above- submits Rate Schedule FTS–1 the name, address, and telephone captioned proceeding,1 directed negotiated rate agreement with Peoples number of the person submitting the Southern Natural Gas Company Energy Wholesale Marketing, LLC, to be filing; and (4) otherwise comply with (Southern) to file revised tariff sheets effective 11/1/07. the requirements of 18 CFR 385.2001 addressing the requirements of the Filed Date: 09/18/2007. through 385.2005. All comments, Commission’s Policy Statement issued Accession Number: 20070919–0056. recommendations, terms and in Docket No. PL04–3–000 concerning Comment Date: 5 p.m. Eastern Time conditions, or prescriptions must set liquefiable hydrocarbon gas quality on Monday, October 01, 2007. forth their evidentiary basis and specifications, and directed that a Docket Numbers: RP99–301–168. otherwise comply with the requirements technical conference be held to address Applicants: ANR Pipeline Company. of 18 CFR 4.34(b). Agencies may obtain issued raised by that filing. Southern Description: ANR Pipeline Co submits copies of the application directly from an amendment to Rate Schedule ETS the applicant. Each filing must be 1 Southern Natural Gas Company, 116 FERC negotiated rate agreement with accompanied by proof of service on all ¶ 61,295 (2006). Wisconsin Electric Power Co.
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Filed Date: 09/18/2007. Filed Date: 09/19/2007. DEPARTMENT OF ENERGY Accession Number: 20070919–0055. Accession Number: 20070920–0146. Comment Date: 5 p.m. Eastern Time Southwestern Power Administration Comment Date: 5 p.m. Eastern Time on Monday, October 01, 2007. on Monday, October 01, 2007. Sam Rayburn Dam Power Rate Docket Numbers: RP99–301–169. Applicants: ANR Pipeline Company. Any person desiring to intervene or to Schedule protest in any of the above proceedings Description: ANR Pipeline Co submits AGENCY: Southwestern Power must file in accordance with Rules 211 an amendment to Rate Schedule ETS Administration, DOE. and 214 of the Commission’s Rules of negotiated rate agreement with ACTION: Notice of Rate Order. Wisconsin Gas, LLC under RP99–301. Practice and Procedure (18 CFR 385.211 Filed Date: 09/18/2007. and 385.214) on or before 5 p.m. Eastern SUMMARY: Pursuant to Delegation Order Accession Number: 20070919–0054. time on the specified comment date. It Nos. 00–037.00, effective December 6, Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene 2001, and 00–001.00C, effective January on Monday, October 01, 2007. again in a subdocket related to a 31, 2007, the Deputy Secretary of Energy Docket Numbers: RP99–301–170. compliance filing if you have previously has approved and placed into effect on Applicants: ANR Pipeline Company. intervened in the same docket. Protests an interim basis Rate Order No. SWPA– Description: ANR Pipeline Co submits will be considered by the Commission 58, which increases the power rate for an amendment to Rate Schedule FTS–3 in determining the appropriate action to the Sam Rayburn Dam (Rayburn) negotiated rate agreement with be taken, but will not serve to make pursuant to the following Sam Rayburn Wisconsin Power & Light Co. protestants parties to the proceeding. Dam Rate Schedule: Filed Date: 09/18/2007. Anyone filing a motion to intervene or protest must serve a copy of that Rate Schedule SRD–07, Wholesale Rates Accession Number: 20070919–0053. for Hydropower and Energy Sold to Sam Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference Rayburn Dam Electric Cooperative, Inc., on Monday, October 01, 2007. to filings initiating a new proceeding, (Contract No. DE–PM75–92SW00215). Docket Numbers: RP99–301–171. interventions or protests submitted on DATES: Applicants: ANR Pipeline Company. or before the comment deadline need The effective period for the rate Description: ANR Pipeline Co submits not be served on persons other than the schedule specified in Rate Order No. Rate Schedule FTS–3 negotiated rate Applicant. SWPA–58 is October 1, 2007, through service agreement with Wisconsin The Commission encourages September 30, 2011. Power & Light Co. electronic submission of protests and FOR FURTHER INFORMATION CONTACT: Mr. Filed Date: 09/18/2007. interventions in lieu of paper, using the James K. McDonald, Assistant Accession Number: 20070919–0052. FERC Online links at http:// Administrator, Office of Corporate Comment Date: 5 p.m. Eastern Time www.ferc.gov. To facilitate electronic Operations, Southwestern Power on Monday, October 01, 2007. service, persons with Internet access Administration, Department of Energy, Docket Numbers: RP07–699–000. who will eFile a document and/or be One West Third Street, Tulsa, Oklahoma Applicants: Wyoming Interstate listed as a contact for an intervenor 74103, (918) 595–6690, Company, Ltd. must create and validate an [email protected]. Description: Wyoming Interstate eRegistration account using the SUPPLEMENTARY INFORMATION: The Company, Ltd submits Twelfth Revised eRegistration link. Select the eFiling existing hydroelectric power rate for Sheet 37A et al. to FERC Gas Tariff, link to log on and submit the Rayburn is $2,816,064 per year. The Second Revised Volume 2, to become intervention or protests. Federal Energy Regulatory Commission effective 11/1/07. Persons unable to file electronically approved this rate on a final basis on Filed Date: 09/19/2007. should submit an original and 14 copies June 15, 2006, for the period January 1, Accession Number: 20070919–0072. of the intervention or protest to the 2006, through September 30, 2009. The Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Commission, 2007 Rayburn Power Repayment on Monday, October 01, 2007. 888 First St., NE., Washington, DC Studies indicates the need for an Docket Numbers: RP07–700–000. 20426. increase in the annual rate by $640,632 Applicants: CenterPoint Energy Gas The filings in the above proceedings or 22.8 percent beginning October 1, Transmission Comp. are accessible in the Commission’s 2007. Description: CenterPoint Energy Gas eLibrary system by clicking on the The Administrator, Southwestern Transmission Company submits appropriate link in the above list. They Power Administration (Southwestern) Thirteenth Revised Sheet 17 et al. to are also available for review in the has followed Title 10, Part 903 Subpart FERC Gas Tariff, Sixth Revised Volume Commission’s Public Reference Room in A, of the Code of Federal Regulations, 1, to be effective 11/1/07. Washington, DC. There is an ‘‘Procedures for Public Participation in Filed Date: 09/19/2007. eSubscription link on the Web site that Power and Transmission Rate Accession Number: 20070919–0073. enables subscribers to receive e-mail Adjustments and Extensions’’ in Comment Date: 5 p.m. Eastern Time notification when a document is added connection with the proposed rate on Monday, October 01, 2007. to a subscribed dockets(s). For schedule. On May 23, 2007, Docket Numbers: RP07–701–000. assistance with any FERC Online Southwestern published notice in the Applicants: OkTex Pipeline service, please e-mail Federal Register (72 FR 28963) of a 90- Company. [email protected]. or call day comment period, together with a Description: OkTex Pipeline (866) 208–3676 (toll free). For TTY, call Public Information and Comment Company submits revised FERC Gas (202) 502–8659. Forum, to provide an opportunity for Tariff Sheet 5, 5A, 5B, and 5C reflecting customers and other interested members a change to its Annual Charge Nathaniel J. Davis, Sr., of the public to review and comment on Adjustment surcharge from $0.0016 to Acting Deputy Secretary. a proposed rate increase for Rayburn. $0.0019 for the period 10/1/07 through [FR Doc. E7–18941 Filed 9–25–07; 8:45 am] The public forum was canceled when 9/30/08. BILLING CODE 6717–01–P no one expressed an intention to
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participate. Written comments were and 00–001–00C (January 31, 2007). The preliminary information on the accepted through August 21, 2007. One Deputy Secretary of Energy issued this proposed rate adjustment. Only one comment was received from Gillis & rate order pursuant to said delegations. formal comment was received from Angley, LLP, Counsellors at Law, on Gillis & Angley, LLP, Counsellors at Background behalf of Sam Rayburn Municipal Power Law, on behalf of Sam Rayburn Authority, the Vinton Public Power The Sam Rayburn Dam (Rayburn) is Municipal Power Agency, Vinton Public Authority, and the Sam Rayburn Dam located on the Angelina River in the Power Authority, and the Sam Rayburn Electric Cooperative, which stated that State of Texas in the Neches River Dam Electric Cooperative, Inc., which they had no objection to the proposed Basin. Since the beginning of its stated that they had no objection to the rate adjustment. operation in 1965, it has been marketed proposed rate adjustment. Information regarding this rate as an isolated project, under contract Upon conclusion of the comment proposal, including studies and other with Sam Rayburn Dam Electric period in August 2007, Southwestern supporting material, is available for Cooperative, Inc. (SRDEC) (Contract No. finalized the PRS and rate schedule for public review and comment in the DE–PM75–92SW00215). SRDEC is the proposed annual rate of $3,456,696, offices of Southwestern Power comprised of two separate entities, the which is the lowest possible rate needed Administration, One West Third Street, Sam Rayburn G&T, and the Sam to satisfy repayment criteria. This rate Tulsa, Oklahoma 74103. Rayburn Municipal Power Agency. represents an annual increase of 22.8 Following review of Southwestern’s On June 15, 2006, in Docket No. percent. proposal within the Department of EF06–4021–000, FERC confirmed and Availability of Information Energy, I approved Rate Order No. approved the current annual Rayburn SWPA–58, on an interim basis, which rate of $2,816,064 for the period January Information regarding this rate increases the existing Rayburn rate to 1, 2006, through September 30, 2009. increase, including studies and other $3,456,696, per year, for the period Discussion supporting material, is available for October 1, 2007, through September 30, public review and comment in the Southwestern’s 2007 Current Power offices of Southwestern Power 2011. Repayment Study (PRS) indicates that Administration, One West Third Street, Dated: September 13, 2007. the existing annual power rate of Tulsa, Oklahoma 74103. Clay Sell, $2,816,064 does not meet cost recovery Deputy Secretary of Energy. criteria. The increased revenue Comments and Responses requirement is due to an increase in the Southwestern received one written United States of America, Department U.S. Army Corps of Engineers projected of Energy, Deputy Secretary of Energy comment in which the customer future replacement investment. The representative expressed no objection to [Rate Order No. SWPA–58] Revised PRS indicates that an increase the proposed rate adjustment. in annual revenues of $640,632 In the Matter of: Southwestern Power beginning October 1, 2007, is sufficient Other Issues Administration; Sam Rayburn Dam to accomplish repayment of the Federal There were no other issues raised Project Rate; Order Confirming, investment in the required number of Approving and Placing Increased during the informal period or during the years. Accordingly, Southwestern formal public participation period. Power Rate Schedule in Effect on an developed a proposed rate schedule Interim Basis based on that increased revenue Administrator’s Certification Pursuant to sections 302(a) and 301(b) requirement. The 2007 Revised Rayburn PRS of the Department of Energy Title 10, Part 903, Subpart A of the indicates that the annual power rate of Organization Act, Public Law 95–91, the Code of Federal Regulations, $3,456,696 will repay all costs of the functions of the Secretary of the Interior ‘‘Procedures for Public Participation in project, including amortization of the and the Federal Power Commission Power and Transmission Rate power investment consistent with under section 5 of the Flood Control Act Adjustments and Extensions,’’ has been provisions of the DOE Order RA 6120.2. of 1944, 16 U.S.C. 825s, relating to the followed in connection with the In accordance with Delegation Order Southwestern Power Administration proposed rate adjustment. More Nos. 00–037.00 (December 6, 2001) and (Southwestern) were transferred to and specifically, opportunities for public 00–001.00C (January 31, 2007), and vested in the Secretary of Energy. By review and comment during a 90-day section 5 of the Flood Control Act of Delegation Order No. 0204–108, period on the proposed Rayburn power 1944, the Administrator has determined effective December 14, 1983, the rate were announced by a Federal that the proposed Rayburn power rate is Secretary of Energy delegated to the Register (72 FR 28963) notice published consistent with applicable law and the Administrator of Southwestern the on May 23, 2007. A Public Information lowest possible rate consistent with authority to develop power and and Comment Forum was scheduled to sound business principles. transmission rates, delegated to the be held June 27, 2007, in Tulsa, Deputy Secretary of Energy the Oklahoma. The forum was canceled as Environment authority to confirm, approve, and place no one expressed an intention to The environmental impact of the rate in effect such rates on an interim basis, participate. Written comments were due increase proposal was evaluated in and delegated to the Federal Energy by August 21, 2007. Southwestern consideration of DOE’s guidelines for Regulatory Commission (FERC) the provided the Federal Register notice, implementing the procedural provisions authority to confirm and approve and together with requested supporting data, of the National Environmental Policy place in to effect on a final basis or to to the customer and interested parties Act, (10 CFR Part 1021, Subpart D, App. disapprove rates developed by the for review and comment during the B4.3), and was determined to fall within Administrator under the delegation. formal period of public participation. In the class of actions that are categorically Delegation Order No. 0204–108, as addition, prior to the formal 90-day excluded from the requirements of amended, was rescinded and public participation process, preparing either an Environmental subsequently replaced by Delegation Southwestern discussed with the Impact Statement or an Environmental Orders 00–037.00 (December 6, 2001) customer representatives the Assessment.
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Order period, and if during such billing period that all comments received will be In view of the foregoing and pursuant water releases were being made which included in the public docket without to the authority delegated to me, I otherwise would have been used to change and may be made available hereby confirm, approve and place in generate Hydro Power and Energy, then online at www.regulations.gov, effect on an interim basis, for the period Southwestern shall, upon request by including any personal information October 1, 2007, through September 30, SRDEC, suspend billing for subsequent provided, unless the comment includes 2011, the annual Sam Rayburn Dam rate billing periods, until such time as at information claimed to be Confidential of $3,456,696 for the sale of power and least one of the project’s generating Business Information (CBI) or other energy from Sam Rayburn Dam to the units is again available. information whose disclosure is Sam Rayburn Dam Electric Cooperative, [FR Doc. E7–18950 Filed 9–25–07; 8:45 am] restricted by statute. Do not submit Inc., under Contract No. DE–PM75– BILLING CODE 6450–01–P information that you consider to be CBI 92SW00215, dated October 7, 1992. or otherwise protected through This rate shall remain in effect on an www.regulations.gov or e-mail. The interim basis through September 30, ENVIRONMENTAL PROTECTION www.regulations.gov Web site is an 2011, or until the FERC confirms and AGENCY ‘‘anonymous access’’ system, which approves the rate on a final basis. means EPA will not know your identity [EPA–HQ–OAR–2004–0058 and EPA–HQ– Dated: September 13, 2007. or contact information unless you OAR–2007–0904; FRL–8473–6] provide it in the body of your comment. Clay Sell, If you send an e-mail comment directly Deputy Secretary of Energy. Agency Information Collection Activities: Proposed Collections; to EPA without going through United States Department of Energy; Request for Comment on Two www.regulations.gov, your e-mail Southwestern Power Administration Proposed Information Collection address will be automatically captured [Rate Schedule SRD–07] Requests (ICRs) and included as part of the comment that is placed in the public docket and Wholesale Rates for Hydro Power and AGENCY: Environmental Protection made available on the Internet. If you Energy Sold to Sam Rayburn Dam Agency (EPA). submit an electronic comment, EPA Electric Cooperative, Inc. (Contract No. ACTION: Notice. recommends that you include your DE–PM75–92SW00215) name and other contact information in SUMMARY: In compliance with the the body of your comment and with any Effective Paperwork Reduction Act (PRA) (44 disk or CD-ROM you submit. If EPA During the period October 1, 2007, U.S.C. 3501 et seq.), this document cannot read your comment due to through September 30, 2011, in announces that EPA is planning to technical difficulties and cannot contact accordance with Rate Order No. 58, submit a request to renew two existing you for clarification, EPA may not be issued by the Deputy Secretary of approved Information Collection able to consider your comment. Energy on September 13, 2007. Requests (ICRs) to the Office of Electronic files should avoid the use of Management and Budget (OMB). These Applicable special characters, any form of ICRs are schedule to expire January 31, encryption, and be free of any defects or To the power and energy purchased 2008. Before submitting these ICRs to viruses. For additional information by Sam Rayburn Dam Electric OMB for review and approval, EPA is about EPA’s public docket visit the EPA Cooperative, Inc. (SRDEC) from the soliciting comments on specific aspects Docket Center homepage at http:// Southwestern Power Administration of the proposed information collection www.epa.gov/epahome/dockets.htm. (Southwestern) under the terms and as described below. FOR FURTHER INFORMATION CONTACT: conditions of the Power Sales Contract DATES: Comments must be submitted on Nydia Yanira Reyes-Morales, dated October 7, 1992, for the sale of all or before November 26, 2007. Environmental Protection Agency, 1200 Hydro Power and Energy generated at ADDRESSES: Submit your comments, Pennsylvania Avenue, NW., Mail Code the Sam Rayburn Dam. identified by the Docket ID numbers 6403J, Washington, DC 20460; Character and Conditions of Service provided for each item in the text, by telephone number: 202–343–9264; fax Three-phase alternating current, one of the following methods: number: 202–343–2804; e-mail address: • delivered at approximately 60 hertz, at www.regulations.gov: Follow the [email protected]. the nominal voltage and point of on-line instructions for submitting SUPPLEMENTARY INFORMATION: delivery, and in such quantities as comments. • How Can I Access the Docket and/or provided by contract. E-mail: [email protected] • Fax: (202) 566–9744 Submit Comments? Monthly Rates • Mail: Air Docket, Environmental EPA has established a public docket SRDEC shall compensate Protection Agency, Mailcode: 2822T, for each of the ICRs identified in this Southwestern for Sam Rayburn Dam 1200 Pennsylvania Ave., NW., document (see the Docket ID numbers Hydro Power and Energy purchased by Washington, DC 20460. for each ICR that are provided in the SRDEC, in the amount of $288,058 per • Hand Delivery: Docket Center, text), which is available for online month ($3,456,696 per year). (EPA/DC), EPA West, Room 3334, 1301 viewing at www.regulations.gov, or in The preceding rate shall be applicable Constitution Ave., NW., Washington, person viewing at the Air Docket in the regardless of the quantity of Hydro DC 20460. Such deliveries are only EPA Docket Center (EPA/DC), EPA Power and Energy available or delivered accepted during the Docket’s normal West, Room 3334, 1301 Constitution to SRDEC; provided, however, that if an hours of operation, and special Ave., NW., Washington, DC. The EPA/ ‘‘Uncontrollable Force’’ prevents arrangements should be made for DC Public Reading Room is open from utilization of both of the project’s power deliveries of boxed information. 8 a.m. to 4:30 p.m., Monday through generating units for an entire billing Instructions: Direct your comments to Friday, excluding legal holidays. The the Docket ID Numbers identified for telephone number for the Reading Room * Supersedes Rate Schedule SRD–05. each item in the text. EPA’s policy is is 202–566–1744, and the telephone
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number for the Air Docket is 202–566– 7. To ensure proper receipt by EPA, mandates EPA to verify that 1742. be sure to identify the docket ID number manufacturers have successfully Use www.regulations.gov to obtain a assigned to this action in the subject translated their certified prototype copy of the draft collection of line on the first page of your response. engines into mass produced engines, information, submit or view public You may also provide the name, date, and that these engines comply with comments, access the index listing of and Federal Register citation. emission standards throughout their the contents of the docket, and to access useful lives. Under the Production-line What Information Collection Activities those documents in the public docket Testing (PLT) Program, manufacturers or ICRs Does This Apply to? that are available electronically. Once in are required to test a sample of engines the system, select ‘‘search,’’ then key in Docket ID Number: EPA–HQ–OAR– as they leave the assembly line. This the Docket ID number identified in this 2007–0904 self-audit program increases efficiency document. Affected entities: Entities potentially and reduces cost of correcting mis-builts and other errors made in the assembly What Information Is EPA Particularly affected by these actions are line. Under the In-use Testing Program Interested in? manufacturers of marine spark-ignition (In-use), manufacturers are required to Pursuant to section 3506(c)(2)(A) of engines. Title: Emission Certification and test engines after a number of years of the PRA, EPA specifically solicits Compliance Requirements for Marine use to verify that they comply with comments and information to enable it Spark-ignition Engines. emission standards throughout their to: ICR numbers: EPA ICR No. 1722.05, useful lives. (i) Evaluate whether the proposed OMB Control No. 2060–0321. Burden Statement: The annual public collection of information is necessary ICR status: This ICR is currently reporting and recordkeeping burden for for the proper performance of the scheduled to expire on January 31, this collection of information is functions of the Agency, including 2008. An Agency may not conduct or estimated to average 4,029 hours per whether the information will have sponsor, and a person is not required to respondent. Burden means the total practical utility; respond to, a collection of information, time, effort, or financial resources (ii) evaluate the accuracy of the unless it displays a currently valid OMB expended by persons to generate, Agency’s estimate of the burden of the control number. The OMB control maintain, retain, or disclose or provide proposed collection of information, numbers for EPA’s regulations in title 40 information to or for a Federal agency. including the validity of the of the CFR, after appearing in the This includes the time needed to review methodology and assumptions used; instructions; develop, acquire, install, (iii) enhance the quality, utility, and Federal Register when approved, are listed in 40 CFR part 9, are displayed and utilize technology and systems for clarity of the information to be the purposes of collecting, validating, collected; and either by publication in the Federal Register or by other appropriate means, and verifying information, processing (iv) minimize the burden of the and maintaining information, and collection of information on those who such as on the related collection instrument or form, if applicable. The disclosing and providing information; are to respond, including through the adjust the existing ways to comply with use of appropriate automated electronic, display of OMB control numbers in certain EPA regulations is consolidated any previously applicable instructions mechanical, or other technological and requirements which have collection techniques or other forms of in 40 CFR part 9. Abstract: Under Title II of the Clean subsequently changed; train personnel information technology, e.g., permitting to be able to respond to a collection of electronic submission of responses. In Air Act (42 U.S.C. 7521 et seq.; CAA), EPA is charged with issuing certificates information; search data sources; particular, EPA is requesting comments complete and review the collection of from very small businesses (those that of conformity for certain spark-ignition (SI) engines used to propel marine information; and transmit or otherwise employ less than 25) on examples of disclose the information. specific additional efforts that EPA vessels that comply with applicable emission standards. Such a certificate The ICR provides a detailed could make to reduce the paperwork explanation of the Agency’s estimate, burden for very small businesses must be issued before engines may be legally introduced into commerce. To which is only briefly summarized here: affected by this collection. • Estimated total number of potential apply for a certificate of conformity, What Should I Consider When I respondents: 10. manufacturers are required to submit • Frequency of response: Annual, Prepare My Comments for EPA? descriptions of their planned quarterly and on occasion. You may find the following production line, including descriptions • Estimated total average number of suggestions helpful for preparing your of the emission control system, and responses for each respondent: 22. comments: engine emission test data. This • Estimated total annual burden 1. Explain your views as clearly as information is organized by ‘‘engine hours: 40,293. possible and provide specific examples. family.’’ An engine family is a group of • Estimated total annual costs: 2. Describe any assumptions that you engines expected to have similar $2,240,870. This includes an estimated used. emission characteristics. There are also burden cost of $200,966 for operation 3. Provide copies of any technical record-keeping requirements. Under the and maintenance costs. information and/or data you used that regulations governing marine SI support your views. engines, manufacturers must use the Are There Changes in the Estimates 4. If you estimate potential burden or Averaging, Banking and Trading From the Last Approval? costs, explain how you arrived at the Program (ABT) and must submit To date, there are no changes in the estimate that you provide. information regarding the calculation, number of hours in the total estimated 5. Offer alternative ways to improve actual generation and usage of emission respondent burden compared with that the collection activity. credits in a certification application, an identified in the ICR currently approved 6. Make sure to submit your end-of-the-year report, and final report. by OMB. However, EPA is still comments by the deadline identified These reports are used for certification evaluating information that may lead to under DATES. and enforcement purposes. The Act also a change in the estimates.
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Docket ID Number: EPA–HQ–OAR– systems for the purposes of collecting, ENVIRONMENTAL PROTECTION 2004–0058 validating, and verifying information, AGENCY Affected entities: Entities potentially processing and maintaining [EPA–HQ–OPP–2007–0935; FRL–8149-1] affected by this action are manufacturers information, and disclosing and of nonroad compression ignition providing information; adjust the N-methyl Carbamate Revised engines and equipment. existing ways to comply with any Cumulative Risk Assessment; Notice Title: Transition Program for previously applicable instructions and of Availability Equipment Manufacturers. requirements which have subsequently ICR Numbers: EPA ICR No. 1826.04, changed; train personnel to be able to AGENCY: Environmental Protection OMB Control No. 2060–0369. respond to a collection of information; Agency (EPA). ICR status: This ICR is currently search data sources; complete and ACTION: Notice. scheduled to expire on January 31, review the collection of information; SUMMARY: 2008. An Agency may not conduct or This notice announces the and transmit or otherwise disclose the availability of EPA’s revised cumulative sponsor, and a person is not required to information. respond to, a collection of information, risk assessment for the N-methyl unless it displays a currently valid OMB The ICR provides a detailed carbamate group of pesticides, and control number. The OMB control explanation of the Agency’s estimate, opens a public comment period on this numbers for EPA’s regulations in title 40 which is only briefly summarized here: document and other support of the CFR, after appearing in the • Estimated total number of potential documents. As required by the Food Federal Register when approved, are respondents: 213. Quality Protection Act (FQPA), a cumulative risk assessment, which listed in 40 CFR part 9, are displayed • Frequency of response: Annual. evaluates exposures based on a common either by publication in the Federal • Register or by other appropriate means, Estimated total average number of mechanism of toxicity, was conducted such as on the related collection responses for each respondent: 1. to evaluate the risk from food, drinking instrument or form, if applicable. The • Estimated total annual burden water, residential, and other non- occupational exposures resulting from display of OMB control numbers in hours: 17,069. certain EPA regulations is consolidated registered uses of N-methyl carbamate • Estimated total annual costs: pesticides. The N-methyl carbamate in 40 CFR part 9. $848,582. This includes an estimated Abstract: When EPA establishes new group includes aldicarb, carbaryl, burden cost of $5,829 for operation and regulations with tighter engine emission carbofuran, formetanate HCl, maintenance costs. standards, engine manufacturers often methiocarb, methomyl, oxamyl, pirimicarb, propoxur, and thiodicarb. need to change the design of their Are There Changes in the Estimates engines to achieve the emissions From the Last Approval? DATES: Comments must be received on reductions required by the new or before November 26, 2007. standards. Consequently, original To date, there are no changes in the ADDRESSES: Submit your comments, equipment manufacturers (OEMs) may number of hours in the total estimated identified by docket identification (ID) also need to redesign their products to respondent burden compared with that number EPA–HQ–OPP–2007–0935, by accommodate these engine design identified in the ICR currently approved one of the following methods: changes. Sometimes, OEMs have trouble by OMB. However, EPA is still • Federal eRulemaking Portal: http:// making the necessary adjustments by evaluating information that may lead to www.regulations.gov. Follow the on-line the effective date of the regulations. In a change in the estimates. instructions for submitting comments. an effort to provide OEMs with some • Mail: Office of Pesticide Programs flexibility in complying with the What Is the Next Step in the Process for (OPP) Regulatory Public Docket (7502P), regulations, EPA created the Transition These ICRs? Environmental Protection Agency, 1200 Program for Equipment Manufacturers Pennsylvania Ave., NW., Washington, EPA will consider the comments (TPEM). Under the program, OEMs are DC 20460–0001. received and amend the ICRs as allowed to delay compliance with the • Delivery: OPP Regulatory Public appropriate. The final ICR package will new standards for up to seven years as Docket (7502P), Environmental long as they comply with certain then be submitted to OMB for review Protection Agency, Rm. S–4400, One limitations. Participation in the program and approval pursuant to 5 CFR Potomac Yard (South Bldg.), 2777 S. is voluntary. Participating OEMs and 1320.12. At that time, EPA will issue Crystal Dr., Arlington, VA. Deliveries engine manufacturers who provide the another Federal Register notice are only accepted during the Docket’s noncompliant engines are required to pursuant to 5 CFR 1320.5(a)(1)(iv) to normal hours of operation 8:30 a.m. to keep records and submit reports of their announce the submission of the ICR to 4 p.m., Monday through Friday, activities under the program. OMB and the opportunity to submit excluding legal holidays. Special Burden Statement: The annual public additional comments to OMB. If you arrangements should be made for reporting and recordkeeping burden for have any questions about this ICR or the deliveries of boxed information. The this collection of information is approval process, please contact the Docket Facility telephone number is estimated to average 80.5 hours per technical person listed under FOR (703) 305–5805. equipment manufacturer and 74.5 hours FURTHER INFORMATION CONTACT. Instructions: Direct your comments to per engine manufacturer. Burden means Dated: September 17, 2007. docket ID number EPA–HQ–OPP–2007– the total time, effort, or financial 0935. EPA’s policy is that all comments resources expended by persons to Karl Simon, received will be included in the docket generate, maintain, retain, or disclose or Director, Compliance and Innovative without change and may be made provide information to or for a Federal Solutions Division, Office of Transportation available on-line at http:// agency. This includes the time needed and Air Quality, Office of Air and Radiation. www.regulations.gov, including any to review instructions; develop, acquire, [FR Doc. E7–18961 Filed 9–25–07; 8:45 am] personal information provided, unless install, and utilize technology and BILLING CODE 6560–50–P the comment includes information
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claimed to be Confidential Business 8187; fax number: (703) 308–8005; e- vi. Provide specific examples to Information (CBI) or other information mail address: [email protected]. illustrate your concerns and suggest whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: alternatives. Do not submit information that you vii. Explain your views as clearly as consider to be CBI or otherwise I. General Information possible, avoiding the use of profanity protected through regulations.gov or e- A. Does this Action Apply to Me? or personal threats. mail. The regulations.gov website is an viii. Make sure to submit your ‘‘anonymous access’’ system, which This action is directed to the public in general, and may be of interest to a comments by the comment period means EPA will not know your identity deadline identified. or contact information unless you wide range of stakeholders including provide it in the body of your comment. environmental, human health, and II. Background agricultural advocates; the chemical If you send an e-mail comment directly A. What Action is the Agency Taking? to EPA without going through industry; pesticide users; and members regulations.gov, your e-mail address of the public interested in the sale, EPA is making available the will be automatically captured and distribution, or use of pesticides. Since completed cumulative risk assessment included as part of the comment that is others also may be interested, the for the N-methyl carbamate pesticides. placed in the docket and made available Agency has not attempted to describe all The Agency developed this risk on the Internet. If you submit an the specific entities that may be affected assessment as part of its ongoing process electronic comment, EPA recommends by this action. If you have any questions for making pesticide reregistration that you include your name and other regarding the applicability of this action eligibility and tolerance reassessment contact information in the body of your to a particular entity, consult the person decisions. Through these programs, EPA comment and with any disk or CD-ROM listed under FOR FURTHER INFORMATION is ensuring that pesticides meet current you submit. If EPA cannot read your CONTACT. standards under the Federal Insecticide, comment due to technical difficulties B. What Should I Consider as I Prepare Fungicide, and Rodenticide Act (FIFRA) and cannot contact you for clarification, My Comments for EPA? and the Federal Food, Drug and EPA may not be able to consider your Cosmetic Act (FFDCA), as amended by comment. Electronic files should avoid 1. Submitting CBI. Do not submit this the FQPA. the use of special characters, any form information to EPA through Section 408(b)(2)(D)(v) of the FFDCA of encryption, and be free of any defects regulations.gov or e-mail. Clearly mark directs the Agency to consider available or viruses. the part or all of the information that information on the cumulative risk from Docket: All documents in the docket you claim to be CBI. For CBI substances sharing a common are listed in the docket index available information in a disk or CD-ROM that mechanism of toxicity. The Agency in regulations.gov. To access the you mail to EPA, mark the outside of the determined in 2004 that the N-methyl electronic docket, go to http:// disk or CD-ROM as CBI and then carbamate pesticides share a common www.regulations.gov, select ‘‘Advanced identify electronically within the disk or mechanism of toxicity, cholinesterase Search,’’ then ‘‘Docket Search.’’ Insert CD-ROM the specific information that is inhibition. The N-methyl carbamates the docket ID number where indicated claimed as CBI. In addition to one have been among EPA’s highest priority and select the ‘‘Submit’’ button. Follow complete version of the comment that pesticides for review under FQPA. includes information claimed as CBI, a the instructions on the regulations.gov In developing the N-methyl carbamate copy of the comment that does not website to view the docket index or cumulative risk assessment, EPA contain the information claimed as CBI access available documents. Although employed the methodologies utilized in must be submitted for inclusion in the listed in the index, some information is earlier cumulative risk assessments (i.e., public docket. Information so marked not publicly available, e.g., CBI or other the organophosphate pesticides) and will not be disclosed except in information whose disclosure is consulted with the FIFRA Scientific accordance with procedures set forth in restricted by statute. Certain other Advisory Panel numerous times, 40 CFR part 2. material, such as copyrighted material, seeking expert review, advice, and is not placed on the Internet and will be 2. Tips for preparing your comments. recommendations at each major step of publicly available only in hard copy When submitting comments, remember the process. The Agency also met with form. Publicly available docket to: several of its advisory committees to materials are available either in the i. Identify the document by docket ID obtain input from a broad spectrum of electronic docket at http:// number and other identifying stakeholders representing the pesticide www.regulations.gov, or, if only information (subject heading, Federal industry, environmental and public available in hard copy, at the OPP Register date and page number). interest groups, growers, academia, and Regulatory Public Docket in Rm. S– ii. Follow directions. The Agency may others, including other federal and state 4400, One Potomac Yard (South Bldg.), ask you to respond to specific questions regulatory agencies. EPA issued the 2777 S. Crystal Dr., Arlington, VA. The or organize comments by referencing a Estimation of Cumulative Risk from N- hours of operation of this Docket Code of Federal Regulations (CFR) part methyl Carbamate Pesticides: Facility are from 8:30 a.m. to 4 p.m., or section number. Preliminary Assessment in August 2005. Monday through Friday, excluding legal iii. Explain why you agree or disagree; The N-methyl Carbamate Revised holidays. The Docket Facility telephone suggest alternatives and substitute Cumulative Risk Assessment is number is (703) 305–5805. language for your requested changes. considered an addendum to the August FOR FURTHER INFORMATION CONTACT: Neil iv. Describe any assumptions and 2005 assessment, and includes Anderson, Special Review and provide any technical information and/ improvements and refinements in Reregistration Division (7508P), Office or data that you used. assessing the cumulative risks of the N- of Pesticide Programs, Environmental v. If you estimate potential costs or methyl carbamate pesticides. The Protection Agency, 1200 Pennsylvania burdens, explain how you arrived at previous versions of the N-methyl Ave., NW., Washington, DC 20460– your estimate in sufficient detail to carbamate cumulative risk assessment 0001; telephone number: (703) 308– allow for it to be reproduced. may be accessed on the EPA website at
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http://www.epa.gov/pesticides/ EPA is providing an opportunity, B. What is the Agency’s Authority for cumulative. through this notice, for interested Taking this Action? EPA has concluded that, with the parties to provide comments and input Section 4(g)(2)(A) of FIFRA, as adoption of the risk mitigation measures on the Agency’s completed cumulative amended, requires the Administrator to evaluated in the N-methyl carbamate risk assessment for the N-methyl make ‘‘a determination as to the cumulative risk assessment, all of the N- carbamate pesticides. Such comments eligibility for reregistration (i) for all methyl carbamate pesticide tolerances and input could address the Agency’s active ingredients subject to assessed in this risk assessment meet risk assessment methodologies and reregistration under this section for the safety standard set forth in section assumptions as applied to this 408(b)(2)(a) of the FFDCA. For those which tolerances or exemptions from cumulative assessment. tolerances are required under the tolerances, this conclusion terminates The Agency will consider all the tolerance reassessment process Federal Food, Drug, and Cosmetic Act comments received, and make changes, (21 U.S.C. 301 et seq.), not later than the under section 408(q) of the FFDCA. For if appropriate, to the N-methyl all of the chemicals, to the extent that last date for tolerance reassessment carbamate cumulative risk assessment. established under section 408(q)(1)(C) of the safety determination for these uses EPA seeks to achieve environmental based on the cumulative risk assessment that Act (21 U.S.C. 346a((q)(1)(C))...’’ justice, the fair treatment and Section 408(q) of the FFDCA, 21 was the only remaining issue to meaningful involvement of all people, complete the reregistration eligibility U.S.C. 346a(q), requires EPA to review regardless of race, color, national origin, tolerances and exemptions for pesticide determination for a particular chemical or income, in the development, under section 4(g)(2)(A) of FIFRA, the residues in effect as of August 2, 1996, implementation, and enforcement of to determine whether the tolerance or Agency now considers that environmental laws, regulations, determination (consistent with the risk exemption meets the requirements of andpolicies. To help address potential section 408(b)(2) or (c)(2) of FFDCA. mitigation measures described in the environmental justice issues, the cumulative assessment) to be complete. This review is to be completed by Agency seeks information on any groups August 3, 2006. A tolerance or As noted in the Introduction to the or segments of the population who, as cumulative risk assessment, certain exemption meets the requirements of a result of their location, cultural section 408(b)(2) or (c)(2), respectively, tolerances and uses were omitted from practices, or other factors, may have the risk assessment because EPA had if ‘‘the Administrator determines the atypical, unusually high exposure to N- pesticide chemical residue is safe,’’ i.e., previously determined that these uses or methyl carbamate pesticides, compared tolerances did not meet the safety ‘‘that there is a reasonable certainty that to the general population. standards based on their individual, no harm will result from aggregate EPA is applying the principles of aggregate risks or should be canceled for exposure to the pesticide chemical public participation to all pesticides other reasons. These tolerances and uses residue, including all anticipated undergoing reregistration and tolerance are identified in Appendix II.A of the dietary exposures and all other cumulative risk assessment. The reassessment. The Agency’s Pesticide exposures for which there is reliable cumulative assessment does not change Tolerance Reassessment and information.’’ 21 U.S.C. 346a(b)(2)(A), the Agency’s determination with respect Reregistration; Public Participation and (c)(2)(A). In making this safety to those uses. Should any risk Process, published in the Federal finding, FFDCA requires the mitigation measures identified in the Register on May 14, 2004, (69 FR 26819) Administrator to consider, among other assessment not subsequently be (FRL–7357–9) explains that in factors, ‘‘available information implemented, EPA will revise the conducting these programs, EPA is concerning the cumulative effects of assessment as necessary to take those tailoring its public participation process such residues and other substances that residues into account. to be commensurate with the level of have a common mechanism of In June 2006, the Agency determined risk, extent of use, complexity of issues, toxicity...’’ 21 U.S.C. 346a(b)(2)(D)(v), that 144 of the N-methyl carbamate and degree of public concern associated and (c)(2)(B). tolerances were insignificant with each pesticide. The N-methyl List of Subjects contributors to the overall dietary carbamate pesticides have had extensive exposure to the N-methyl carbamates. opportunities for public comment as Environmental protection, Pesticides The uses associated with these 144 part of their reregistration and tolerance and pests. tolerances make an insignificant reassessment process. contribution to the overall N-methyl Comments should be limited to issues Dated: September 19, 2007. carbamate cumulative risk. Therefore, raised within the N-methyl carbamate Peter Caulkins, EPA counted these tolerances as cumulative risk assessment and Acting Director, Special Review and reassessed before the final N-methyl associated documents. Failure to Reregistration Division, Office of Pesticide carbamate cumulative assessment was comment on any such issues as part of Programs. issued. That determination is not this opportunity will not limit a [FR Doc. E7–18860 Filed 9–25–07; 8:45 am] changed by the assessment the Agency commenter’s opportunity to participate BILLING CODE 6560–50–S is now issuing. As noted in the previous in any later notice and comment paragraph above, EPA has now processes on this matter. All comments determined that those tolerances should be submitted using the methods ENVIRONMENTAL PROTECTION assessed in the N-methyl carbamate in ADDRESSES, and must be received by AGENCY cumulative risk assessment meet the EPA on or before the closing date. [EPA–HQ–OPP–2006-0396; FRL–8148–9] FFDCA safety standard and that no Comments will become part of the further dietary risk mitigation is Agency Docket for the N-methyl Dichlorvos (DDVP); Proposed necessary for any of the pesticides carbamate cumulative risk assessment. Determination to Terminate Special involved in the cumulative risk Comments received after the close of the Review assessment other than the mitigation comment period will be marked measures identified in the individual < VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54659 ACTION: Notice. • Mail: Office of Pesticide Programs not publicly available, e.g., CBI or other (OPP) Regulatory Public Docket (7502P), information whose disclosure is SUMMARY: This notice sets forth EPA’s Environmental Protection Agency, 1200 restricted by statute. Certain other Proposed Determination to Terminate Pennsylvania Ave., NW., Washington, material, such as copyrighted material, Special Review for the pesticide DC 20460–0001. is not placed on the Internet and will be Dichlorvos (DDVP). On February 24, • Delivery: OPP Regulatory Public publicly available only in hard copy 1988, the Agency published a Notice of Docket (7502P), Environmental form. Publicly available docket Special Review (PD 1) of pesticide Protection Agency, Rm. S–4400, One materials are available either in the products containing DDVP based on Potomac Yard (South Bldg.), 2777 S. electronic docket at http:// concerns for cancer, cholinesterase Crystal Dr., Arlington, VA. Deliveries www.regulations.gov, or, if only inhibition, and liver effects. (53 FR are only accepted during the Docket’s available in hard copy, at the OPP 5542). On September 28, 1995, the normal hours of operation (8:30 a.m. to Regulatory Public Docket in Rm. S– Agency published a Notice of 4 p.m., Monday through Friday, 4400, One Potomac Yard (South Bldg.), Preliminary Determination to Cancel excluding legal holidays). Special 2777 S. Crystal Dr., Arlington, VA. The Certain Registrations and a Draft Notice arrangements should be made for hours of operation of this Docket of Intent to Cancel (PD 2/3). (60 FR deliveries of boxed information. The Facility are from 8:30 a.m. to 4 p.m., 50337). In the 1995 PD 2/3, the Agency Docket Facility telephone number is Monday through Friday, excluding legal determined that exposure to dichlorvos (703) 305–5805. holidays. The Docket Facility telephone from the registered uses posed Instructions: Direct your comments to number is (703) 305–5805. carcinogenic risks of concern as well as docket ID number EPA–HQ–OPP–2006- FOR FURTHER INFORMATION CONTACT: risks of concern for cholinesterase 0396. EPA’s policy is that all comments Susan Bartow, Special Review and inhibition. However, with respect to received will be included in the docket Reregistration Division (7508P), Office liver effects, the Agency determined that without change and may be made of Pesticide Programs, Environmental this endpoint was no longer of available on-line at http:// Protection Agency, 1200 Pennsylvania regulatory concern. Since the initiation www.regulations.gov, including any Ave., NW., Washington, DC 20460– of Special Review and publication of the personal information provided, unless 0001; telephone number: (703) 603– PD 2/3, additional data have become the comment includes information 0065; fax number: (703) 308–8005; available. Based in part on these data, claimed to be Confidential Business e-mail address: [email protected]. Information (CBI) or other information the Agency has changed its assessment SUPPLEMENTARY INFORMATION: of some of the risks associated with whose disclosure is restricted by statute. DDVP, and modified the terms and Do not submit information that you I. General Information consider to be CBI or otherwise conditions of DDVP registrations, A. Does this Action Apply to Me? accordingly. Moreover, during the protected through regulations.gov or e- recently-concluded reregistration mail. The regulations.gov website is an This action is directed to the public process for DDVP, EPA conducted an ‘‘anonymous access’’ system, which in general, and may be of interest to a intensive and public review of whether means EPA will not know your identity wide range of stakeholders including DDVP registrations meet the FIFRA or contact information unless you environmental, human health, and standard for registration, culminating in provide it in the body of your comment. agricultural advocates; the chemical the Agency’s 2006 Interim If you send an e-mail comment directly industry; pesticide users; and members Reregistration Eligibility Decision to EPA without going through of the public interested in the sale, (IRED) for DDVP. Through the regulations.gov, your e-mail address distribution, or use of pesticides. Since reregistration processes the Agency will be automatically captured and others also may be interested, the resolved remaining concerns regarding included as part of the comment that is Agency has not attempted to describe all cancer and cholinesterase effects. placed in the docket and made available the specific entities that may be affected Accordingly, EPA has revised its on the Internet. If you submit an by this action. If you have any questions assessment of DDVP since the time electronic comment, EPA recommends regarding the applicability of this action when the PD 1 and the PD 2/3 were that you include your name and other to a particular entity, consult the person published. Based on the IRED, requested contact information in the body of your listed under FOR FURTHER INFORMATION label amendments, and the voluntary comment and with any disk or CD-ROM CONTACT. you submit. If EPA cannot read your cancellation of uses by the registrant B. What Should I Consider as I Prepare comment due to technical difficulties pursuant to section 6(f) of FIFRA, EPA My Comments for EPA? has determined that the risks that were and cannot contact you for clarification, 1. Submitting CBI. Do not submit this the basis of the Special Review are no EPA may not be able to consider your information to EPA through longer of concern and, therefore, the comment. Electronic files should avoid regulations.gov or e-mail. Clearly mark Agency is proposing to terminate the the use of special characters, any form the part or all of the information that Special Review of DDVP. To the extent of encryption, and be free of any defects you claim to be CBI. For CBI that the Agency further revises its or viruses. Docket: All documents in the docket information in a disk or CD-ROM that assessment of DDVP, it will do so are listed in the docket index available you mail to EPA, mark the outside of the outside of the Special Review context. in regulations.gov. To access the disk or CD-ROM as CBI and then DATES: Comments must be received on electronic docket, go to http:// identify electronically within the disk or or before October 26, 2007. www.regulations.gov, select ‘‘Advanced CD-ROM the specific information that is ADDRESSES: Submit your comments, Search,’’ then ‘‘Docket Search.’’ Insert claimed as CBI. In addition to one identified by docket identification (ID) the docket ID number where indicated complete version of the comment that number EPA–HQ–OPP–2006–0396, by and select the ‘‘Submit’’ button. Follow includes information claimed as CBI, a one of the following methods: the instructions on the regulations.gov copy of the comment that does not • Federal eRulemaking Portal: http:// website to view the docket index or contain the information claimed as CBI www.regulations.gov. Follow the on-line access available documents. Although must be submitted for inclusion in the instructions for submitting comments. listed in the index, some information is public docket. Information so marked VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54660 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices will not be disclosed except in determined that the adverse effects from residues that results from use of a accordance with procedures set forth in caused by DDVP that are of primary pesticide in or on any food inconsistent 40 CFR part 2. concern to human health are with the standard under section 408 of 2. Tips for preparing your comments. neurological effects related to inhibition the Federal Food, Drug and Cosmetic When submitting comments, remember of cholinesterase activity and the Act. (FIFRA section 2(bb)). to: previously-identified cancer and liver Tolerances, or the establishment of i. Identify the document by docket ID effects do not present risks of concern. maximum permissible levels of number and other identifying pesticides in foods, are required when a A. What Action is the Agency Taking? information (subject heading, Federal pesticide or its identifiable degradates Register date and page number). On February 24, 1988, the Agency or metabolites are expected to be ii. Follow directions. The Agency may published a Notice of Special Review present in food. Section 408 of the ask you to respond to specific questions (PD 1) of pesticide products containing Federal Food, Drug and Cosmetic Act or organize comments by referencing a DDVP based on concerns for cancer, (FFDCA), 21 U.S.C. 301 et seq., as Code of Federal Regulations (CFR) part cholinesterase inhibition, and liver amended by the Food Quality Protection or section number. effects (53 FR 5542). On September 28, Act (FQPA) of 1996, (Public Law 104– iii. Explain why you agree or disagree; 1995, the Agency published a Notice of 170), authorizes EPA to establish a suggest alternatives and substitute Preliminary Determination to Cancel tolerance if the Agency determines the language for your requested changes. Certain Registrations and a Draft Notice tolerance is safe. Without such a iv. Describe any assumptions and of Intent to Cancel (PD 2/3) (60 FR tolerance or an exemption from a provide any technical information and/ 50337)(FRL–4954–7). For the reasons tolerance, a food containing a pesticide or data that you used. discussed below, EPA is now issuing residue is adulterated under section 402 v. If you estimate potential costs or this proposal to terminate the DDVP of the FFDCA and may not be legally burdens, explain how you arrived at Special Review without taking any moved in interstate commerce. your estimate in sufficient detail to further action against the DDVP In determining a pesticide’s safety for allow for it to be reproduced. registrations. EPA is taking this action establishing a tolerance or an exemption vi. Provide specific examples to based upon the requested label from the requirement of a tolerance, illustrate your concerns and suggest amendments, the voluntary cancellation section 408 of the FFDCA requires, inter alternatives. of uses by the registrant pursuant to alia, that EPA examine aggregate vii. Explain your views as clearly as section 6(f) of FIFRA, and the IRED, in exposures from all sources of pesticide possible, avoiding the use of profanity which EPA determined that the risks residues, whether infants and children or personal threats. that were the basis of the Special have heightened susceptibility to viii. Make sure to submit your Review are no longer of concern. The pesticide residues, and whether there comments by the comment period Agency notes that it has received and is are cumulative effects of pesticides and deadline identified. in the process of responding to a other compounds with a common petition to cancel all DDVP registrations II. Background mechanism of toxicity. Because it is not and revoke all DDVP tolerances. The relevant to the outcome of this Special DDVP is an organophosphate breadth and scope of the petition is far Review, we will not discuss in detail the insecticide and fumigant registered for greater than the discrete issues that were differences between the current use in controlling flies, mosquitos, the triggers initiating the DDVP Special standard in section 408 and the gnats, cockroaches, fleas, and other Review. The Agency is proposing to standard that was in effect when the insect pests. Formulations of DDVP terminate the Special Review, and to Special Review for DDVP was initiated. include pressurized liquids, assess the merits of the petition In proposing to terminate this Special emulsifiable concentrates, and separately. Notwithstanding anything in Review, EPA is applying the more impregnated materials. DDVP is applied this proposal or in the reregistration stringent standard currently found in with aerosols and fogging equipment, decision for DDVP, if EPA determines section 408. with spray equipment, and through that some or all of the petition should The Special Review process, which slow release from impregnated be granted, the Agency will pursue was previously called the Rebuttable materials, such as resin strips. appropriate changes to the terms and Presumption Against Registration DDVP is registered to control insect conditions of DDVP registrations. (RPAR), is described in 40 CFR part 154, pests on agricultural sites; commercial, published in the Federal Register of institutional and industrial sites; and for B. What is the Agency’s Authority for November 25, 1985 (50 FR 49015). EPA domestic use in and around homes (i.e., Taking this Action? can initiate a Special Review if it resin strips). DDVP is used preplant in In order to obtain a registration for a determines that a pesticide may pose a mushroom houses, and postharvest in pesticide under the Federal Insecticide, serious risk to human health or the storage areas for bulk, packaged and Fungicide and Rodenticide Act (FIFRA, environment (40 CFR 154.7). The bagged raw and processed agricultural 7 U.S.C. 136 et seq., as amended by the purpose of the Special Review process commodities, food manufacturing/ Food Quality Protection Act of 1996, is then to determine whether the risk is processing plants, animal premises, and Public Law 104-170), an applicant must in fact a serious one, and if so, whether non-food areas of food-handling demonstrate that the pesticide will not some or all of the registrations of an establishments. It is also registered for cause unreasonable adverse affects on affected pesticide meet the FIFRA direct dermal treatment of cattle and the environment when used according standard for registration, or whether poultry, and swine, sheep, and goats. to label directions. (FIFRA section amendment of the terms and conditions The mechanism of pesticidal action of 3(c)(5)). The term unreasonable adverse of registration or cancellation of DDVP is inhibition of cholinesterase. effects on the environment means: 1. portions or all of the registrations is Although when the DDVP Special Any unreasonable risk to humans or the appropriate. Review was first initiated, EPA environment, taking into account the Prior to formal initiation of a Special identified concerns for cancer and liver economic, social and environmental Review, a preliminary notification is effects as well as cholinesterase costs and benefits of the use of any sent to registrants and applicants for inhibition, the Agency has since pesticide, or 2. A human dietary risk registration pursuant to 40 CFR 154.21 VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54661 announcing that the Agency is requires EPA to make reregistration carcinogenic risks of concern to the considering commencing a Special eligibility decisions by August 3, 2006 general population from dietary Review. Registrants and applicants for for all food-use chemicals that were first exposure. The Agency also concluded in registration are allowed 30 days from contained in a registered pesticide 1995 that DDVP posed risks of concern receipt of the notification to comment product before November 1, 1984, and for cholinesterase inhibition to residents on the Agency’s proposal to commence by October 3, 2008 for all other in homes and to individuals mixing, a Special Review. chemicals subject to reregistration. loading, and applying this pesticide, as If the Agency determines, after (FIFRA section 4(g)(2)(A)). well as to those reentering treated areas. issuance of a notification pursuant to 40 The reregistration program EPA Subsequently, the Agency issued a CFR 154.21, that it will initiate a Special developed to comply with this Preliminary Determination to Cancel Review, 40 CFR 154.23(c) requires the Congressional directive and the similar Certain Registrations (PD 2/3) and a Administrator to publish a Notice of directive adopted in the FQPA to Draft Notice of Intent to Cancel the Special Review in the Federal Register. reassess all existing tolorances against DDVP uses which posed the greatest To conclude the Special Review after a the new safety standard placed into risks. (60 FR 50338, September 28, Special Review has been initiated, 40 section 408 of the FFDCA in 1996, was 1995). In its 1995 PD 2/3, the Agency CFR 154.31 requires the Administrator a major focus of EPA’s pesticide concluded that the risks outweighed the to first publish a Notice of Preliminary program for a number of years. Under benefits for most uses of DDVP under Determination in the Federal Register. that program, EPA examined hundreds the conditions of registration at that This Notice is a Preliminary of pesticide active ingredients, time and, therefore, recommended a Determination as called for in 40 CFR including DDVP, to determine whether variety of measures to reduce those 154.31. pesticide products containing DDVP risks. The Agency proposed cancellation A Special Review can be concluded in could meet the FIFRA standard for of certain uses of DDVP and a number of ways. As noted earlier, the registration. As part of the reregistration cancellation of other uses unless certain purpose of a Special Review is to process, EPA called in large numbers of labeling modifications were made to determine whether a potentially serious studies from pesticide registrants, and reduce risk. risk (or risks) warrants changes to the conducted detailed risk assessments of Since 1995, additional data became terms and conditions of pesticide many of the affected pesticides. EPA available and, as part of the registrations. If the Agency determines also issued reregistration eligibility reregistration effort, the Agency that the scientific bases for the Special decisions, called REDs or IREDs, in conducted a thorough assessment of all Review were erroneous; that the risks which the Agency discussed the risks the risks associated with DDVP are not meaningful in light of the posed by particular pesticides, whether (including, but not limited to, those current terms and conditions of affected those risks could and should be risks that gave rise to the Special registrations; or that risk mitigation is mitigated, and whether registrations of Review). This assessment is described not feasible and the risks are justified by the particular pesticide as modified as in more detail in the Reregistration the benefits associated with the use of set forth in the RED or IRED met the Eligibility Decision for DDVP and in the the pesticide, a Special Review could be FIFRA standard of not causing associated 2006 Human Health terminated without any changes to unreasonable adverse effects on the Assessment. In addition, as part of the existing registrations. On the other environment. The concerns that gave reregistration process, EPA conducted hand, if the Agency determines that rise to the DDVP Special Review were an intensive and public review of certain changes to the terms and addressed as part of the reregistration whether or not DDVP registrations met conditions of registration are necessary assessment of DDVP, and for that reason the FIFRA standard for reregistration. in order for a pesticide to meet the EPA now proposes to terminate the As noted above, this determination of FIFRA standard for registration, or that Special Review. EPA intends to whether a pesticide causes unreasonable no changes could enable the pesticide to continue its assessment of DDVP in light adverse effects is the ultimate focus of meet the FIFRA standard, the Agency of the petition to cancel all DDVP both reregistration and Special Review. could propose to initiate regulatory registrations and revoke all DDVP On June 30, 2006, the Agency issued action under section 3(d) or 6 of FIFRA tolerances. Notwithstanding anything in an Interim Reregistration Eligibility (and/or section 408 of the FFDCA) to this proposal or in the reregistration Determination (IRED) for DDVP. assure that the affected pesticide decision for DDVP, if EPA determines Subsequently, EPA completed the registrations are either cancelled or that some or all of the petition should organophosphate cumulative appropriate changes to the registrations be granted, the Agency will pursue assessment (in which it concluded that, are made. Any final decision on a appropriate changes to the terms and among other things, the tolerances for pesticide’s registration through the conditions of DDVP registrations. DDVP meet the safety standard of Special Review process is set forth in a section 408 of the FFDCA), and on July Notice of Final Determination issued in C. Why is the Agency Taking this 31, 2006, EPA issued a determination accordance with 40 CFR 154.33. Action? that each of the organophosphate Reregistration is another process On February 24, 1988, the Agency pesticides for which an IRED had been under which EPA examines whether an initiated a Special Review for pesticide issued was eligible for reregistration, existing pesticide meets the FIFRA products containing DDVP.(53 FR 5542). including DDVP. See Finalization of standard of registration. When Congress At that time, the Agency was concerned Interim Reregistration Eligibility substantially amended FIFRA in 1972, it that exposure to DDVP from registered Decisions (IREDs) and Interim directed EPA to examine all existing uses might pose a carcinogenic risk of Tolerance Reassessment and Risk pesticides to determine whether they concern and that there were inadequate Management Decisions (TREDs) for the met the new standards for registration margins of exposure for cholinesterase Organophosphate Pesticides, and Congress was promulgating. This inhibition and liver effects to exposed Completion of the Tolerance directive to make reregistration individuals. In 1995, the Agency Reassessment and Reregistration decisions for existing registrations was concluded upon further analysis that Eligibility Process for the formally added to FIFRA as a new although liver toxicity was no longer a Organophosphate Pesticides, dated July section 4 in 1988. That section now risk of concern, DDVP did pose 31, 2007 (attached to the DDVP IRED at VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54662 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices http://www.epa.gov/pesticides/ the June 30, 2006 IRED as well as the SUMMARY: This notice announces the reregistration/REDs/ddvp_ired.pdf). section 6(f) cancellations discussed availability of EPA’s Reregistration The IRED was based in part on an above. Eligibility Decision (RED) for the irrevocable request from Amvac In sum, the Agency has determined allethrin series of pesticides Chemical Corporation (Amvac), the sole that potential liver and cancer effects (bioallethrin, esbiol, esbiothrin, and technical product registrant, to cancel are no longer risks of concern, and pynamin forte). The Agency’s risk certain uses and include additional pest based on the IRED and subsequent label assessments and other related strip label restrictions on the DDVP changes that the cholinesterase documents also are available in the technical product labels. Pursuant to inhibition issues have been adequately allethrins docket. The allethrins are section 6(f) of FIFRA, 7 U.S.C. addressed through cancellations and synthetic pyrethroids used as 136d(f)(1), on June 30, 2006, the Agency other mitigation actions which limit insecticides on both indoor (residential published a notice in the Federal exposure to DDVP. This Notice therefore and commercial) and outdoor Register that it had received the request proposes to terminate the DDVP Special (residential, commercial, and and sought comment on EPA’s intention Review based on the Agency’s recreational) use sites. EPA has to grant the request and cancel the determination that all risks of concern reviewed the allethrins through the specified uses. (71 FR 37570)(FRL– identified in the PD 1 and earlier PD 2/ public participation process that the 8075–2). On October 20, 2006, EPA 3 have been satisfactorily addressed. Agency uses to involve the public in issued the final cancellation order Again, termination of this Special developing pesticide reregistration and granting Amvac’s request. (71 FR Review does not prejudice the Agency’s tolerance reassessment decisions. 61968)(FRL–8075–8). review of the petition to cancel DDVP Through these programs, EPA is Specifically on May 9, 2006, Amvac registrations and revoke DDVP ensuring that all pesticides meet current submitted to EPA a request for tolerances, which will proceed health and safety standards. cancellation of several existing DDVP separately and, if the Agency were to FOR FURTHER INFORMATION CONTACT: products, uses and application methods, agree with the petition in whole or in Molly Clayton, Special Review and including the 100 gram pest strip, the part, could result in changes to the Reregistration Division (7508P), Office total release fogger, use on lawn, turf terms and conditions of DDVP of Pesticide Programs, Environmental and ornamentals, residential crack and registrations. For a complete description Protection Agency, 1200 Pennsylvania crevice use, and hand held fogger of the toxicity endpoints and risk Ave., NW., Washington, DC 20460– applications in mushroom houses, assessment, see the DDVP Revised 0001; telephone number: (703) 603– greenhouses, and warehouses. Amvac Human Health Risk Assessment, dated 0522; fax number: (703) 308–7070; also requested several label June 22, 2006, available in the DDVP e-mail address: [email protected]. amendments further restricting reregistration docket (EPA–HQ–OPP– SUPPLEMENTARY INFORMATION: residential use of pest strips and adding 2002–0302) at http:// personal protective equipment www.regulations.gov. I. General Information requirements and more protective re- entry intervals for mushroom and III. Evaluation of Comments to PD 1 A. Does this Action Apply to Me? greenhouse uses. The added restrictions See section III.G of the September This action is directed to the public on the use of the pest strip products 1995 PD 2/3 for the evaluation of public in general, and may be of interest to a provided, among other things, that large comments received on the PD 1. This wide range of stakeholders including pest strips could no longer be used in document is available in the DDVP environmental, human health, and homes except for garages, attics, crawl Special Review docket (EPA–HQ–OPP– agricultural advocates; the chemical spaces, and sheds that are occupied for 2006–0396) at the OPP Regulatory industry; pesticide users; and members less than 4 hours per day. For a full Public Docket (7508P), Environmental of the public interested in the sale, description of the registrant’s request, Protection Agency, Rm. S–4400, One distribution, or use of pesticides. Since see the May 9, 2006 letter from AMVAC Potomac Yard (South Bldg), 2777 S. others also may be interested, the to EPA in the DDVP Special Review Crystal Dr., Arlington, VA. Agency has not attempted to describe all docket (EPA–HQ–OPP–2006–0396). the specific entities that may be affected Subsequently, in early March, 2007, List of Subjects by this action. If you have any questions Amvac also requested the voluntary Environmental protection, Pesticides regarding the applicability of this action cancellation of all its pet collar and bait and pests. to a particular entity, consult the person registrations and deletion of those uses Dated: September 19, 2007. listed under FOR FURTHER INFORMATION from its technical label. Pursuant to CONTACT. section 6(f) of FIFRA, Amvac’s requests Peter Caulkins, to cancel the pet collar and bait Director, Special Review and Reregistration B. How Can I Get Copies of this registrations as well as deleting such Division, Office of Pesticide Programs. Document and Other Related uses from the technical label were [FR Doc. E7–18861 Filed 9–25–07; 8:45 am] Information? published in the Federal Register on BILLING CODE 6560–50–S 1. Docket. EPA has established a March 23, 2007. (72 FR 13786)(FRL– docket for this action under docket 8120–7). On June 27, 2007, EPA granted identification (ID) number EPA–HQ– ENVIRONMENTAL PROTECTION Amvac’s request and issued a final OPP–2007–0986. Publicly available AGENCY cancellation order for the pet collar and docket materials are available either in bait registrations. (72 FR 35235)(FRL– [EPA–HQ–OPP–2007–0986; FRL–8144–8] the electronic docket at http:// 8127–5). www.regulations.gov, or, if only This proposal to conclude Special The Allethrins Reregistration Eligibility available in hard copy, at the Office of Review is based upon the label Decision Pesticide Programs (OPP) Regulatory amendments requested by Amvac (as set AGENCY: Environmental Protection Public Docket in Rm. S–4400, One forth in the May 9, 2006 letter) and Agency (EPA). Potomac Yard (South Bldg.), 2777 S. EPA’s determination that DDVP is Crystal Dr., Arlington, VA. The hours of ACTION: Notice. eligible for reregistration as set forth in operation of this Docket Facility are VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54663 from 8:30 a.m. to 4 p.m., Monday risk, and other factors, the allethrins Avenue, NW., Washington, DC 20571 through Friday, excluding legal were reviewed through the modified 4– (Telephone 202–565–3957). holidays. The Docket Facility telephone Phase public participation process. Howard A. Schweitzer, number is (703) 305–5805. Through this process, EPA worked 2. Electronic access. You may access extensively with stakeholders and the General Counsel. this Federal Register document public to reach the regulatory decisions [FR Doc. 07–4758 Filed 9–24–07; 12:00 pm] electronically through the EPA Internet for the allethrins. BILLING CODE 6690–01–M under the ‘‘Federal Register’’ listings at The reregistration program is being http://www.epa.gov/fedrgstr. conducted under congressionally mandated time frames, and EPA FEDERAL COMMUNICATIONS II. Background recognizes the need both to make timely COMMISSION A. What Action is the Agency Taking? decisions and to involve the public. Few comments were received during the Notice of Public Information Under section 4 of the Federal Collection(s) Being Reviewed by the Insecticide, Fungicide, and Rodenticide earlier comment periods for this reregistration case, and the issues Federal Communications Commission, Act (FIFRA), EPA is reevaluating Comments Requested existing pesticides to ensure that they related to this pesticide were resolved meet current scientific and regulatory through consultations with September 19, 2007. standards. EPA has completed a RED for stakeholders. The Agency therefore is SUMMARY: The Federal Communications the allethrins series of pesticides under issuing the allethrins RED without a Commission, as part of its continuing section 4(g)(2)(A) of FIFRA. The comment period. effort to reduce paperwork burden allethrins are synthetic pyrethroids used B. What is the Agency’s Authority for invites the general public and other as insecticides on both indoor Taking this Action? Federal agencies to take this opportunity to comment on the (residential and commercial) and Section 4(g)(2) of FIFRA, as amended, outdoor (residential, commercial, and following information collection(s), as directs that, after submission of all data required by the Paperwork Reduction recreational) use sites. EPA has concerning a pesticide active ingredient, determined that the database to support Act (PRA) of 1995, Public Law 104–13. ‘‘the Administrator shall determine An agency may not conduct or sponsor reregistration is substantially complete whether pesticides containing such and that products containing the a collection of information unless it active ingredient are eligible for displays a currently valid control allethrins are eligible for reregistration, reregistration,’’ before calling in product provided the risks are mitigated in the number. No person shall be subject to specific data on individual end-use any penalty for failing to comply with manner described in the RED. Upon products and either reregistering submission of any required product a collection of information subject to the products or taking other ‘‘appropriate Paperwork Reduction Act (PRA) that specific data under section 4(g)(2)(B) of regulatory action.’’ FIFRA and any necessary changes to the does not display a valid control number. Comments are requested concerning (a) registration and labeling (either to List of Subjects address concerns identified in the RED whether the proposed collection of or as a result of product specific data), Environmental protection, Pesticides information is necessary for the proper EPA will make a final reregistration and pests. performance of the functions of the decision under section 4(g)(2)(C) of Dated: August 21, 2007. Commission, including whether the FIFRA for products containing the Margaret J. Rice, information shall have practical utility; (b) the accuracy of the Commission’s allethrins. Acting Director, Special Review and Although the allethrins RED was Reregistration Division, Office of Pesticide burden estimate; (c) ways to enhance signed on June 30, 2007, certain Programs. the quality, utility, and clarity of the components of the document, which did [FR Doc. E7–18789 Filed 9–25–07; 8:45 am] information collected; and (d) ways to minimize the burden of the collection of not affect the final regulatory decision, BILLING CODE 6560–50–S were undergoing final editing at that information on the respondents, time. These components, including the including the use of automated table of contents and the summary of EXPORT-IMPORT BANK OF THE collection techniques or other forms of labeling changes, have been added to UNITED STATES information technology. the allethrins RED document. None of DATES: Written PRA comments should these additions or changes alter the Sunshine Act Meeting be submitted on or before November 26, conclusions documented in the June 30, 2007. If you anticipate that you will be ACTION: Notice of Partially Open 2007 allethrins RED. submitting comments, but find it Meeting of the Board of Directors of the EPA is applying the principles of difficult to do so within the period of Export-Import Bank of the United public participation to all pesticides time allowed by this notice, you should States. undergoing reregistration and tolerance advise the contact listed below as soon reassessment. The Agency’s Pesticide TIME AND PLACE: Thursday, September as possible. Tolerance Reassessment and 27, 2007 at 9:30 a.m. The meeting will ADDRESSES: You may submit all PRA Reregistration; Public Participation be held at Ex-Im Bank in Room 1143, comments by e-mail or U.S. mail. To Process, published in the Federal 811 Vermont Avenue, NW., submit your comments by e-mail, send Register on May 14, 2004, (69 FR 26819) Washington, DC 20571. them to [email protected]. To submit your (FRL–7357–9) explains that in OPEN AGENDA ITEM: PEFCO Secured Note comments by U.S. mail, send them to conducting these programs, EPA is Issues Resolutions. Jerry Cowden, Federal Communications tailoring its public participation process PUBLIC PARTICIPATION: The meeting will Commission, Room 1–B135, 445 12th to be commensurate with the level of be open to public participation for Item Street, SW., Washington, DC 20554. risk, extent of use, complexity of issues, No. 1 only. FOR FURTHER INFORMATION CONTACT: For and degree of public concern associated FOR FURTHER INFORMATION CONTACT: additional information about the with each pesticide. Due to their uses, Office of the Secretary, 811 Vermont information collection(s), contact Jerry VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54664 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Cowden via e-mail at [email protected] or Federal agencies to take this Total Annual Burden: 1,040 hours. call (202) 418–0447. opportunity to comment on the Total Annual Cost: None. SUPPLEMENTARY INFORMATION: following information collection(s), as Privacy Impact Assessment: No OMB Control No.: 3060–0957. required by the Paperwork Reduction impact(s). Title: Requests for waiver of deadline Act (PRA) of 1995, Public Law 104–13. Nature and Extent of Confidentiality: on Location-capable Handset An agency may not conduct or sponsor In accordance with 47 CFR 4.2, reports deployment (Fourth Memorandum a collection of information unless it under Part 4 are presumed confidential. Needs and Uses: In recognition of the Opinion and Order in CC Docket No. displays a currently valid control critical need for rapid, full, and accurate 94–102). number. No person shall be subject to information on service disruptions that Form Nos.: N/A. any penalty for failing to comply with could affect homeland security, public Type of Review: Extension of a a collection of information subject to the Paperwork Reduction Act (PRA) that health and safety, as well as the currently approved collection. economic well being of our Nation, and Respondents: Business or other for- does not display a valid control number. Comments are requested concerning (a) in view of the increasing importance of profit, not-for-profit institutions, state, non-wireline communications in the local or tribal government and whether the collection of information is necessary for the proper performance of Nation’s communications networks and individuals or household. critical infrastructure, the Commission Number of Respondents: 2,500. the functions of the Commission, including whether the information shall adopted rules requiring mandatory Estimated Time per Response: 3 service disruptions reporting from all have practical utility; (b) the accuracy of hours. communications providers (cable, the Commission’s burden estimate; (c) Frequency of Response: On occasion satellite, wireline and wireless) that ways to enhance the quality, utility, and reporting requirement. provide voice and/or paging clarity of the information collected; and Obligation to Respond: Required to communications. As envisioned, the (d) ways to minimize the burden of the obtain or retain benefits. information collected pursuant to these collection of information on the Total Annual Burden: 7,500 hours. rules has helped improve network respondents, including the use of Total Annual Cost: None. reliability. We thus propose to continue automated collection techniques or Privacy Impact Assessment: Not our disruption reporting requirements. applicable. other forms of information technology. Federal Communications Commission. Nature and Extent of Confidentiality: DATES: Written PRA comments should No confidentiality is required for this be submitted on or before November 26, Marlene H. Dortch, collection. 2007. If you anticipate that you will be Secretary. Needs and Uses: The Commission’s submitting comments, but find it [FR Doc. E7–19007 Filed 9–25–07; 8:45 am] Fourth Memorandum Opinion and difficult to do so within the period of BILLING CODE 6712–01–P Order (FCC 00–326, CC Docket No. 94– time allowed by this notice, you should 102) sets forth guidelines for filing advise the contact listed below as soon successful requests for waiver of E911 as possible. FEDERAL COMMUNICATIONS COMMISSION Phase II rules. Wireless carriers are ADDRESSES: You may submit all PRA instructed to submit waiver requests comments by e-mail or U.S. mail. To Notice of Public Information that are specific, focused and limited in submit your comments by e-mail, send Collection(s) Being Submitted for scope, and with a clear path to them to [email protected]. To submit your Review to the Office of Management compliance. A waiver request must comments by U.S. mail, send them to and Budget specify the solutions considered and Jerry Cowden, Federal Communications explain why none could be employed in Commission, Room 1–B135, 445 12th September 18, 2007. a way that complies to the Phase II Street, SW., Washington, DC 20554. SUMMARY: The Federal Communications rules. If deployment must be delayed, FOR FURTHER INFORMATION CONTACT: For Commission, as part of its continuing the carrier should specify the reason for additional information about the effort to reduce paperwork burden the delay and provide a revised information collection(s), contact Jerry invites the general public and other schedule. Cowden at (202) 418–0447 or send an Federal agencies to take this Federal Communications Commission. e-mail to [email protected]. opportunity to comment on the Marlene H. Dortch, SUPPLEMENTARY INFORMATION: following information collection(s), as required by the Paperwork Reduction Secretary. OMB Control Number: 3060–0484. Title: Part 4 of the Commission’s Act (PRA) of 1995, Public Law 104–13. [FR Doc. E7–19005 Filed 9–25–07; 8:45 am] An agency may not conduct or sponsor BILLING CODE 6712–01–P Rules Concerning Disruptions to Communications (47 CFR 4.1, et seq.). a collection of information unless it Form Number: N/A. displays a currently valid control number. No person shall be subject to FEDERAL COMMUNICATIONS Type of Review: Extension of a any penalty for failing to comply with COMMISSION currently approved collection. Respondents: Business or other for- a collection of information subject to the Notice of Public Information profit entities; Not-for-profit Paperwork Reduction Act (PRA) that Collection(s) Being Reviewed by the institutions; and/or State, local or tribal does not display a valid control number. Federal Communications Commission governments. Comments are requested concerning (a) for Extension Under Delegated Number of Respondents: 52 whether the proposed collection of Authority, Comments Requested respondents; 208 responses (estimated). information is necessary for the proper Estimated Time per Response: 5 performance of the functions of the September 20, 2007. hours. Commission, including whether the SUMMARY: The Federal Communications Frequency of Response: On occasion information shall have practical utility; Commission, as part of its continuing reporting requirement. (b) the accuracy of the Commission’s effort to reduce paperwork burden, Obligation to Respond: Required to burden estimate; (c) ways to enhance invites the general public and other obtain or retain a benefit. the quality, utility, and clarity of the VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54665 information collected; and (d) ways to (MO&O) in FCC 07–103. In the MO&O, Synopsis: The agreement adds the minimize the burden of the collection of the Commission denied a petition for Republic of Korea to the geographic information on the respondents, rulemaking to extend the requirement scope of the agreement. including the use of automated that all cellular radiotelephone licensees Dated: September 21, 2007. collection techniques or other forms of provide analog service to subscribers By Order of the Federal Maritime information technology. and roamers whose equipment conforms Commission. DATES: Written Paperwork Reduction to the Advanced Mobile Phone Service Bryant L. VanBrakle, (AMPS) standard. This requirement will Act (PRA) comments should be Secretary. submitted on or before October 26, sunset on February 18, 2008. In the [FR Doc. E7–18976 Filed 9–25–07; 8:45 am] 2007. If you anticipate that you will be MO&O, the Commission also directed submitting PRA comments, but find it cellular radiotelephone service licensees BILLING CODE 6730–01–P difficult to do so within the period of to notify their remaining analog subscribers of the sunset date and of time allowed by this notice, you should FEDERAL MARITIME COMMISSION advise the FCC contact listed below as their intention to discontinue AMPS- soon as possible. compatible analog service at least four Ocean Transportation Intermediary ADDRESSES: Direct all PRA comments to months before such discontinuance, and License Applicants Nicholas A. Fraser, Office of a second time, at least 30 days before Management and Budget, (202) 395– such discontinuance (the ‘‘consumer- Notice is hereby given that the 5887, or via fax at 202–395–5167 or via notice requirement’’). following applicants have filed with the internet at Federal Communications Commission. Federal Maritime Commission an [email protected] and Marlene H. Dortch, application for license as a Non-Vessel Operating Common Carrier and Ocean to [email protected], Federal Secretary. Communications Commission, Room 1– Freight Forwarder—Ocean [FR Doc. E7–19009 Filed 9–25–07; 8:45 am] Transportation Intermediary pursuant to B441, 445 12th Street, SW., Washington, BILLING CODE 6712–01–P DC 20554 or an e-mail to [email protected]. section 19 of the Shipping Act of 1984 If you would like to obtain or view a as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). copy of this information collection, you FEDERAL MARITIME COMMISSION may do so by visiting the FCC PRA Web Persons knowing of any reason why the following applicants should not page at: http://www.fcc.gov/omd/pra. Notice of Agreements Filed receive a license are requested to FOR FURTHER INFORMATION CONTACT: For contact the Office of Transportation additional information or copies of the The Commission hereby gives notice Intermediaries, Federal Maritime information collection(s), contact Judith of the filing of the following agreements Commission, Washington, DC 20573. B. Herman at 202–418–0214 or via the under the Shipping Act of 1984. Internet at [email protected]. Interested parties may submit comments Non-Vessel Operating Common Carrier on agreements to the Secretary, Federal SUPPLEMENTARY INFORMATION: Ocean Transportation Intermediary Maritime Commission, Washington, DC OMB Control Number: 3060–XXXX. Applicants: Title: Sunset of the Cellular 20573, within ten days of the date this Blue Carrier Line, Inc., 2360 Hylan Radiotelephone Service Analog Service notice appears in the Federal Register. Blvd., Staten Island, NY 10306; Requirement and Related Matters, Copies of agreements are available Officer: Kenneth W. Whitman, Memorandum Opinion and Order, FCC through the Commission’s Office of President (Qualifying Individual). 07–103. Agreements (202–523–5793 or Seagold (Private) Limited, 51 Timber Form No.: N/A. [email protected]). Pond, Keamari, Karachi 75620– Type of Review: New collection. Agreement No.: 011707–005. Pakistan; Officers: Seiraz Qureshi, Respondents: Business or other for- Title: Gulf/South America Discussion Director (Qualifying Individual), G. profit. Agreement. N. Qureshi, Chief Executive. Number of Respondents: 452 Parties: Associated Transport Line, Non-Vessel Operating Common Carrier respondents; 452 responses. LLC; Industrial Maritime Carriers, LLC; and Ocean Freight Forwarder Estimated Time per Response: 24 Seaboard Marine Ltd. and West Coast Transportation Intermediary hours. Industrial Express, LLC. Applicant: Frequency of Response: Third party Filing Party: Wade S. Hooker, Esq.; Ven-Mex Cargo Corporation, 7215 NW disclosure requirement. 211 Central Park W.; New York, NY 46th Street, Miami, FL 33166; Obligation to Respond: Mandatory. 10024. Officers: Ernesto Ackerman, Total Annual Burden: 10,848 hours. Synopsis: The amendment would add President (Qualifying Individual), Total Annual Cost: N/A. BBC Chartering & Logistic GMBH & Co. Gisela Ackerman, Vice President. Privacy Act Impact Assessment: N/A. KG as party to the agreement and update Ocean Freight Forwarder—Ocean Nature and Extent of Confidentiality: the addresses for Associated Transport Transportation Intermediary There is no need for confidentiality. Line and West Coast Industrial Express Applicant: Needs and Uses: The Commission and the suite number for Industrial Bison Global Logistics, 15508 Bratton will submit this information collection Maritime Carriers. Lane, Austin, TX 78728; Officers: to the OMB as a new collection (it has Agreement No.: 011995–001. Hans Falk, Vice President not been assigned an OMB Control Title: Maersk Line/ELJSA Slot (Qualifying Individual), Mike Number) during this comment period to Exchange Agreement. McIntyre, President. obtain the full three-year clearance from Parties: A.P. Moller Maersk A/S and them. the Evergreen Line Joint Service Dated: September 21, 2007. On June 15, 2007, the Federal Agreement. Bryant L. VanBrakle, Communications Commission Filing Party: Wayne R. Rohde, Esq.; Secretary. (‘‘Commission’’), adopted and released a Sher & Blackwell LLP; 1850 M Street, [FR Doc. E7–18975 Filed 9–25–07; 8:45 am] Memorandum Opinion and Order NW.; Suite 900; Washington, DC 20036. BILLING CODE 6730–01–P VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54666 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices FEDERAL RESERVE SYSTEM Bankshares, Inc., and thereby indirectly Federal Reserve System retain shares of Corus Bank, N.A., both Formations of, Acquisitions by, and of Chicago, Illinois. Sunshine Act Meeting Mergers of Bank Holding Companies Board of Governors of the Federal Reserve AGENCY HOLDING THE MEETING: Board of The companies listed in this notice System, September 21, 2007. Governors of the Federal Reserve have applied to the Board for approval, Robert deV. Frierson, System. pursuant to the Bank Holding Company Deputy Secretary of the Board. TIME AND DATE: 11:30 a.m., Monday, Act of 1956 (12 U.S.C. 1841 et seq.) [FR Doc. E7–18937 Filed 9–25–07; 8:45 am] October 1, 2007. (BHC Act), Regulation Y (12 CFR part BILLING CODE 6210–01–S PLACE: Marriner S. Eccles Federal 225), and all other applicable statutes Reserve Board Building, 20th and C and regulations to become a bank Streets, N.W., Washington, D.C. 20551. holding company and/or to acquire the FEDERAL RESERVE SYSTEM STATUS: Closed. assets or the ownership of, control of, or the power to vote shares of a bank or Notice of Proposals to Engage in MATTERS TO BE CONSIDERED: bank holding company and all of the Permissible Nonbanking Activities or 1. Personnel actions (appointments, banks and nonbanking companies to Acquire Companies that are promotions, assignments, owned by the bank holding company, Engaged in Permissible Nonbanking reassignments, and salary actions) including the companies listed below. Activities involving individual Federal Reserve System employees. The applications listed below, as well The companies listed in this notice as other related filings required by the 2. Any items carried forward from a have given notice under section 4 of the previously announced meeting. Board, are available for immediate Bank Holding Company Act (12 U.S.C. FOR FURTHER INFORMATION CONTACT: inspection at the Federal Reserve Bank 1843) (BHC Act) and Regulation Y (12 Michelle Smith, Director, or Dave indicated. The application also will be CFR part 225) to engage de novo, or to Skidmore, Assistant to the Board, Office available for inspection at the offices of acquire or control voting securities or of Board Members at 202–452–2955. the Board of Governors. Interested assets of a company, including the persons may express their views in companies listed below, that engages SUPPLEMENTARY INFORMATION: You may writing on the standards enumerated in either directly or through a subsidiary or call 202–452–3206 beginning at the BHC Act (12 U.S.C. 1842(c)). If the other company, in a nonbanking activity approximately 5 p.m. two business days proposal also involves the acquisition of that is listed in § 225.28 of Regulation Y before the meeting for a recorded a nonbanking company, the review also (12 CFR 225.28) or that the Board has announcement of bank and bank includes whether the acquisition of the determined by Order to be closely holding company applications nonbanking company complies with the related to banking and permissible for scheduled for the meeting; or you may standards in section 4 of the BHC Act bank holding companies. Unless contact the Board’s Web site at http:// (12 U.S.C. 1843). Unless otherwise otherwise noted, these activities will be www.federalreserve.gov for an electronic noted, nonbanking activities will be conducted throughout the United States. announcement that not only lists conducted throughout the United States. Each notice is available for inspection applications, but also indicates Additional information on all bank at the Federal Reserve Bank indicated. procedural and other information about holding companies may be obtained The notice also will be available for the meeting. from the National Information Center inspection at the offices of the Board of Board of Governors of the Federal Reserve Web site at www.ffiec.gov/nic/. Governors. Interested persons may System, September 21, 2007. Unless otherwise noted, comments express their views in writing on the Robert deV. Frierson, regarding each of these applications question whether the proposal complies Deputy Secretary of the Board. must be received at the Reserve Bank with the standards of section 4 of the indicated or the offices of the Board of [FR Doc. 07–4751 Filed 9–21–07; 8:51 am] BHC Act. Additional information on all BILLING CODE 6210–01–S Governors not later than October 22, bank holding companies may be 2007. obtained from the National Information A. Federal Reserve Bank of St. Louis Center Web site at www.ffiec.gov/nic/. OFFICE OF GOVERNMENT ETHICS (Glenda Wilson, Community Affairs Unless otherwise noted, comments Officer) 411 Locust Street, St. Louis, regarding the applications must be Revised Updated OGE Senior Missouri 63166-2034: received at the Reserve Bank indicated 1. M and P Community Bancshares, Executive Service Performance Review or the offices of the Board of Governors Board Inc. 401 (K) Employee Stock Ownership not later than October 11, 2007. Plan, Newport, Arkansas; to acquire A. Federal Reserve Bank of Kansas AGENCY: Office of Government Ethics additional shares for a total of up to 32 City (Donna J. Ward, Assistant Vice (OGE). percent of the voting shares of M and P President) 925 Grand Avenue, Kansas ACTION: Notice. Community Bancshares, Inc., and City, Missouri 64198-0001: Merchants and Planters Bank both of 1. Century Financial Services SUMMARY: A revised notice is hereby Newport, Arkansas and thereby Corporation, Santa Fe, New Mexico; to given of the appointment of members of indirectly acquire Greers Ferry Lake engage directly in the leasing of real the updated OGE Senior Executive State Bank, Heber Springs, Arkansas. property, pursuant to section Service (SES) Performance Review B. Federal Reserve Bank of San 225.28(b)(3) of Regulation Y. Board. Francisco (Tracy Basinger, Director, DATES: Regional and Community Bank Group) Board of Governors of the Federal Reserve Effective Date: September 26, 101 Market Street, San Francisco, System, September 21, 2007. 2007. California 94105-1579: Robert deV. Frierson, FOR FURTHER INFORMATION CONTACT: 1. Franklin Resources, Inc., San Deputy Secretary of the Board. Daniel D. Dunning, Deputy Director for Mateo, California; to retain 5.01 percent [FR Doc. E7–18936 Filed 9–25–07; 8:45 am] Administration and Information of the voting shares of Corus BILLING CODE 6210–01–S Management, Office of Government VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54667 Ethics, Suite 500, 1201 New York DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Avenue, NW., Washington, DC 20005– HUMAN SERVICES HUMAN SERVICES 3917; Telephone: 202–482–9300; TDD: 202–208–9293; FAX: 202–482–9237. Centers for Disease Control and Centers for Disease Control and Prevention Prevention SUPPLEMENTARY INFORMATION: 5 U.S.C. 4314(c) requires each agency to Disease, Disability, and Injury Disease, Disability, and Injury establish, in accordance with Prevention and Control Special Prevention and Control Special regulations prescribed by the Office of Emphasis Panel (SEP): Centers for Emphasis Panel (SEP): Centers for Personnel Management at 5 CFR part Disease Control and Prevention (CDC) Disease Control and Prevention (CDC) 430, subpart C and § 430.310 thereof in Grants for Public Health Research Grants for Public Health Research particular, one or more Senior Executive Dissertation, Program Announcement Dissertation, Program Announcement (PA) PAR07–231, Panel C Service performance review boards. As (PA) PAR07–231, Panel B a small executive branch agency, OGE In accordance with section 10(a)(2) of has just one board. In order to ensure an In accordance with section 10(a)(2) of the Federal Advisory Committee Act adequate level of staffing and to avoid the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease a constant series of recusals, the (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) designated members of OGE’s SES Control and Prevention (CDC) announces the aforementioned meeting. Performance Review Board are being announces the aforementioned meeting. Time and Date: 8:30 a.m.–4 p.m., drawn, as in the past, in large measure Time and Date: 8 a.m.–4 p.m., November November 16, 2007 (Closed). from the ranks of other agencies. The 15, 2007 (Closed). Place: Crowne Plaza Buckhead, 3377 board shall review and evaluate the Place: Crowne Plaza Buckhead, 3377 Peachtree Road, NE., Atlanta, GA 30326, initial appraisal of each OGE senior Peachtree Road, NE., Atlanta, GA 30326, telephone 404–264–1111. executive’s performance by his or her telephone 404–264–1111. Status: The meeting will be closed to the public in accordance with provisions set Status: The meeting will be closed to the supervisor, along with any forth in section 552b(c)(4) and (6), Title 5 recommendations in each instance to public in accordance with provisions set U.S.C., and the Determination of the Director, the appointing authority relative to the forth in section 552b(c)(4) and (6), Title 5 Management Analysis and Services Office, performance of the senior executive. U.S.C., and the Determination of the Director, CDC, pursuant to Public Law 92–463. This revised notice updates the Management Analysis and Services Office, Matters To Be Discussed: The meeting will membership of OGE’s SES Performance CDC, pursuant to Public Law 92–463. include the review, discussion, and Review Board as it was most recently Matters To Be Discussed: The meeting will evaluation of ‘‘CDC Grants for Public Health include the review, discussion, and Research Dissertation,’’ PAR07–231, Panel C. published at 72 FR 53773–53774 evaluation of ‘‘CDC Grants for Public Health Contact Person for More Information: (September 20, 2007), in order to reflect Research Dissertation,’’ PA PAR07–231, Sheree Marshall Williams, Ph.D., M.Sc., the appointment of one new member Panel B. Scientific Review Administrator, Office of the Chief Science Officer, CDC, 1600 Clifton from another agency to replace a Contact Person for More Information: Road, NE., Mailstop D 72, Atlanta, GA 30333, member from an agency who was not Susan B. Stanton, D.D.S., Scientific Review able to serve on OGE’s board this year. Telephone 404–639–4896. Administrator, Office of the Chief Science The Director, Management Analysis and Approved: September 21, 2007. Officer, CDC, 1600 Clifton Road, NE., Services Office, has been delegated the Robert I. Cusick, Mailstop D 72, Atlanta, GA 30333, Telephone authority to sign Federal Register notices 404–639–4640. pertaining to announcements of meetings and Director, Office of Government Ethics. The Director, Management Analysis and other committee management activities, for The following officials have been Services Office, has been delegated the both CDC and the Agency for Toxic appointed as regular members of the authority to sign Federal Register notices Substances and Disease Registry. SES Performance Review Board of the pertaining to announcements of meetings and Dated: September 20, 2007. Office of Government Ethics: other committee management activities, for Elaine L. Baker, both CDC and the Agency for Toxic Marilyn L. Glynn [Chair], General Acting Director, Management Analysis and Substances and Disease Registry. Services Office, Centers for Disease Control Counsel, Office of Government Ethics Dated: September 20, 2007. and Prevention. Daniel D. Dunning [Alternate Chair], Elaine L. Baker, [FR Doc. E7–18947 Filed 9–25–07; 8:45 am] Deputy Director for Administration Acting Director, Management Analysis and BILLING CODE 4163–18–P and Information Management, Office Services Office, Centers for Disease Control of Government Ethics and Prevention. DEPARTMENT OF HEALTH AND Daniel L. Koffsky, Special Counsel, [FR Doc. E7–18945 Filed 9–25–07; 8:45 am] HUMAN SERVICES Office of Legal Counsel, Department BILLING CODE 4163–18–P of Justice National Institutes of Health David Maggi, Chief, Ethics Law and Programs Division, Office of the National Cancer Institute; Notice of Assistant General Counsel for Meeting Administration, Department of Pursuant to section 10(d) of the Commerce; and Federal Advisory Committee Act, as Robert A. Shapiro, Associate Solicitor amended (5 U.S.C. Appendix 2), notice for Legal Counsel, Department of is hereby given of the President’s Cancer Labor Panel. The meeting will be open to the [FR Doc. E7–18973 Filed 9–25–07; 8:45 am] public as indicated below, with BILLING CODE 6345–02–P attendance limited to space available. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54668 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Individuals who plan to attend and DEPARTMENT OF HEALTH AND Dated: September 18, 2007. need special assistance, such as sign HUMAN SERVICES Jennifer Spaeth, language interpretation or other Director, Office of Federal Advisory reasonable accommodations, should National Institutes of Health Committee Policy. notify the Contact Person listed below [FR Doc. 07–4737 Filed 9–25–07; 8:45 am] in advance of the meeting. National Institute of Mental Health; BILLING CODE 4140–01–M Notice of Closed Meetings The meeting will be closed to the public in accordance with the Pursuant to section 10(d) of the provisions set forth in section DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as HUMAN SERVICES 552b(c)(9)(B), Title 5 U.s.C., as amended (5 U.S.C. Appendix 2), notice amended, because the premature is hereby given of the following National Institutes of Health disclosure of information and the meetings. discussions would likely to significantly National Institute of Arthritis and The meetings will be closed to the frustrate implementation of Musculoskeletal and Skin Disease; public in accordance with the recommendations. Notice of Closed Meetings provisions set forth in sections Name of Committee: President’s Cancer 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Panel. Pursuant to section 10(d) of the as amended. The grant applications and Federal Advisory Committee Act, as Date: October 22, 2007. the discussions could disclose Open: October 22, 2007, 8 a.m.–4 p.m. amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial is hereby given of the following Agenda: Strategies for Maximizing the property such as patentable material, Nation’s Investment in Cancer. meeting. and personal information concerning Place: Hyatt Regency La Jolla, 3777 La Jolla The meetings will be closed to the individuals associated with the grant Village Drive, San Diego, CA 92122. public in accordance with the applications, the disclosure of which Closed: October 22, 2007, 4:30 p.m.–6:30 provisions set forth in sections would constitute a clearly unwarranted p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: The Panel will discuss potential invasion of personal privacy. as amended. The grant applications and recommendations from current series Name of Committee: National Institute of the discussions could disclose ‘‘Strategies for Maximizing the Nation’s Mental Health Special Emphasis Panel, confidential trade secrets or commercial Investment in Cancer’’ and discuss potential NIMH Brainbank Review. property such as patentable materials, topics for the 2008/2009 series. Date: October 15, 2007. and personal information concerning Place: Hyatt Regency La Jolla, 3777 La Jolla Time: 12 p.m. to 1 p.m. individuals associated with the grant Village Drive, San Diego, CA 92122. Agenda: To review and evaluate grant applications, the disclosure of which Contact Person: Abby Sandler, Ph.D, applications. would constitute a clearly unwarranted Executive Secretary, National Cancer Place: National Institutes of Health, invasion of personal privacy. Neuroscience Center, 6001 Executive Institute, National Institutes of Health, Name of Committee: National Institute of Building 6116, Room 212, 6116 Executive Boulevard, Rockville, MD 20852, (Telephone Arthritis and Musculoskeletal and Skin Boulevard, Bethesda, MD 20892, 301/451/ Conference Call). Diseases Special Emphasis Panel, Rheumatic 9399. Contact Person: David M. Armstrong, PhD, Disease Clinical Trial. Any interested person may file written Scientific Review Administrator, Division of Date: October 2, 2007. comments with the committee by forwarding Extramural Activities, National Institute of Time: 2 p.m. to 3 p.m. the comments to the Contact Person listed on Mental Health, NIH, Neuroscience Center/ Agenda: To review and evaluate grant this notice. The comments should include Room 6138/MSC 9608, 6001 Executive applications. the name, address, telephone number and, Boulevard, Bethesda, MD 20892–9608, 301– Place: National Institutes of Health, Democracy One, 6701 Democracy Boulevard, when applicable, the business or professional 443–3534, [email protected]. Name of Committee: National Institute of 800, Bethesda, MD 20892, (Telephone affiliation of the interested person. Conference Call). Mental Health Special Emphasis Panel, Adult Information is also available on the Contact Person: Kan Ma, PhD, Scientific DCISIR & ACISIR Centers. Institute’s/Center’s home page: Review Administrator, NIH/NIAMS, EP deainfo.nci.nih.gov/advisory/pcp/pcp.htm, Date: November 13, 2007. Review Branch, One Democracy Plaza Suite where an agenda and any additional Time: 8 a.m. to 5 p.m. 800, Bethesda, MD 20892–4872, 301–594– information for the meeting will be posted Agenda: To review and evaluate grant 4952, [email protected]. when available. applications. This notice is being published less than 15 Place: Marriot North Bethesda Convention (Catalogue of Federal Domestic Assistance days prior to the meeting due to the timing Center, 5701 Marinelli Road, Bethesda, MD limitations imposed by the review and Program Nos. 93.392, Cancer Construction; 20852. funding cycle. 93.393, Cancer Cause and Prevention Contact Person: Marina Broitman, PhD, Name of Committee: National Institute of Research; 93.394, Cancer Detection and Scientific Review Administrator, Division of Arthritis and Musculoskeletal and Skin Diagnosis Research, 93.395, Cancer Extramural Activities, National Institute of Diseases Special Emphasis Panel, Treatment Research; 93.396, Cancer Biology Mental Health, NIH, Neuroscience Center, Musculoskeletal Diseases Clinical Trial Research; 93.397, Cancer Centers Support; 6001 Executive Blvd., Room 6153, MSC 9608, Planning Grants. 93.398, Cancer Research Manpower; 93.399, Bethesda, MD 20892–9608, 301–402–8152, Date: October 9, 2007. Cancer Control, National Institutes of Health, [email protected]. Time: 10 a.m. to 12 p.m. HHS) Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. Dated: September 18, 2007. Program Nos. 93.242, Mental Health Research Place: National Institutes of Health, One Grants; 93.281, Scientist Development Jennifer Spaeth, Democracy Plaza, 6701 Democracy Award, Scientist Development Award for Boulevard, Bethesda, MD 20892, (Telephone Director, Office of Federal Advisory Clinicians, and Research Scientist Award; Conference Call). Committee Policy. 93.282, Mental Health National Research Contact Person: Kan Ma, PhD, Scientific [FR Doc. 07–4739 Filed 9–25–07; 8:45am] Service Awards for Research Training, Review Administrator, NIH/NIAMS, EP BILLING CODE 4140–01–M National Institutes of Health, HHS) Review Branch, One Democracy Plaza Suite VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54669 800, Bethesda, MD 20892–4872, 301–594– 2007. This process is conducted in e.g., permitting electronic submissions 4952, [email protected]. accordance with 5 CFR 1320.1 of responses. This notice is being published less than 15 ADDRESSES: Written comments and/or days prior to the meeting due to the timing Analysis limitations imposed by the review and suggestions regarding the item(s) contained in this notice, especially Agency: Department of Homeland funding cycle. Security, Office of the Citizenship and Name of Committee: National Institute of regarding the estimated public burden and associated response time, should be Immigration Services Ombudsman. Arthritis and Musculoskeletal and Skin Title: DHS CIS Ombudsman Case Diseases Special Emphasis Panel, directed to the Department of Homeland Multidisciplinary Clinical Research Security (DHS), Office of the CIS Problem Submission. Centers—(P60). Ombudsman, Director of OMB Number: 1601–0004. Date: October 18–19, 2007. Communications, Mail Stop 1225, Frequency: One-time response. Affected Public: Individuals or Time: 8 a.m. to 6 p.m. Washington, DC 20528–1225. Households. This information collection Agenda: To review and evaluate grant Comments may also be submitted to is necessary for CISOMB to identify applications. DHS via facsimile to 202–272–8352, Place: Marriott Courtyard Washington problem areas, propose changes, and 202–357–0042 or via e-mail at Center, 204 Boardwalk Place, Boardwalk assist individuals experiencing [email protected] or Place, 204, Gaithersburg, MD 20878. problems during adjudication of an [email protected]. Contact Person: Charles H Washabaugh, immigrant benefit with USCIS. PhD, Scientific Review Administrator, FOR FURTHER INFORMATION CONTACT: If Number of Respondents: 2,600 Review Branch, NIAMS/NIH, 6701 additional information is required respondents. Democracy Blvd, Room 816, Bethesda, MD contact: the Department of Homeland 20892, 301–451–4838, Estimated Time per Respondent: 1 [email protected]. Security (DHS), Office of the CIS Hour per response. (Catalogue of Federal Domestic Assistance Ombudsman, Director of Total Burden Hours: 2,600 annual Program Nos. 93.846, Arthritis, Communications, Mail Stop 1225, burden hours. Musculoskeletal and Skin Diseases Research, Washington, DC 20528–1225, 202–357– Total Burden Cost (capital/startup): National Institutes of Health, HHS) 8100. $0.00. Dated: September 18, 2007. SUPPLEMENTARY INFORMATION: The Total Burden Cost (operating/ Jennifer Spaeth, Department of Homeland Security, maintaining): $0.00. Director, Office of Federal Advisory Office of the Deputy Secretary, Office of Scott Charbo, the Citizenship and Immigration Committee Policy. Chief Information Officer. [FR Doc. 07–4738– Filed 9–25–07:8:45am] Services Ombudsman (CISOMB), collects information to receive and [FR Doc. E7–19034 Filed 9–25–07; 8:45 am] BILLING CODE 4140–01–M process correspondence received from BILLING CODE 4410–10–P individuals, employers, and their designated representatives to: (1) Assist DEPARTMENT OF HOMELAND individuals and employers in resolving DEPARTMENT OF HOMELAND SECURITY SECURITY problems during interactions with U.S. Citizenship and Immigration Services Federal Emergency Management Office of the Citizenship and (USCIS); (2) identify areas in which Agency Immigration Services Ombudsman; individuals and employers have DHS CIS Ombudsman Case Problem problems in dealing with USCIS; and (3) [FEMA–1727–DR] Submission and to the extent possible, propose Iowa; Major Disaster and Related changes to mitigate problems as AGENCY: Office of the Citizenship and Determinations mandated by the Homeland Security Immigration Services Ombudsman, Act of 2002, section 452. DHS. AGENCY: Federal Emergency The Office of Management and Budget Management Agency, DHS. ACTION: 60-Day Notice and request for is particularly interested in comments ACTION: Notice. comments; Extension of an existing which: information collection 1601–0004, DHS 1. Evaluate whether the proposed SUMMARY: This is a notice of the Form 7001. collection of information is necessary Presidential declaration of a major for the proper performance of the disaster for the State of Iowa (FEMA– SUMMARY: The Department of Homeland functions of the agency, including 1727–DR), dated September 14, 2007, Security, Office of the Citizenship and whether the information will have and related determinations. Immigration Services Ombudsman, practical utility; submits this extension for the following DATES: Effective Date: September 14, 2. Evaluate the accuracy of the 2007. information collection request (ICR) to agency’s estimate of the burden of the the Office of Management and Budget proposed collection of information, FOR FURTHER INFORMATION CONTACT: (OMB) for review and clearance in including the validity of the Peggy Miller, Disaster Assistance accordance with the Paperwork methodology and assumptions used; Directorate, Federal Emergency Reduction Act of 1995 (Pub. L. 104–13, 3. Enhance the quality, utility, and Management Agency, Washington, DC 44 U.S.C. Chapter 35). The Office of the clarity of the information to be 20472, (202) 646–2705. Citizenship and Immigration Services collected; and; SUPPLEMENTARY INFORMATION: Notice is Ombudsman is soliciting comments 4. Minimize the burden of the hereby given that, in a letter dated concerning an extension to an existing collection of information on those who September 14, 2007, the President information collection, DHS CIS are to respond, including through the declared a major disaster under the Ombudsman Case Problem Submission, use of appropriate automated, authority of the Robert T. Stafford DHS Form 7001. electronic, mechanical, or other Disaster Relief and Emergency DATES: Comments are encouraged and technological collection techniques or Assistance Act, 42 U.S.C. 5121–5206 will be accepted until November 26, other forms of information technology, (the Stafford Act), as follows: VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54670 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices I have determined that the damage in Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation certain areas of the State of Iowa resulting Assistance Grants; 97.039, Hazard Mitigation Grant Program.) from severe storms and flooding during the Grant Program.) period of August 17 to September 5, 2007, is R. David Paulison, R. David Paulison, of sufficient severity and magnitude to Administrator, Federal Emergency warrant a major disaster declaration under Administrator, Federal Emergency Management Agency. the Robert T. Stafford Disaster Relief and Management Agency. [FR Doc. E7–18959 Filed 9–25–07; 8:45 am] Emergency Assistance Act, 42 U.S.C. 5121– [FR Doc. E7–19011 Filed 9–25–07; 8:45 am] BILLING CODE 9110–10–P 5206 (the Stafford Act). Therefore, I declare BILLING CODE 9110–10–P that such a major disaster exists in the State of Iowa. In order to provide Federal assistance, you DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND are hereby authorized to allocate from funds SECURITY available for these purposes such amounts as SECURITY you find necessary for Federal disaster Federal Emergency Management Federal Emergency Management assistance and administrative expenses. Agency You are authorized to provide Public Agency Assistance in the designated areas, Hazard [FEMA–1718–DR] Mitigation throughout the State, and any [FEMA–1718–DR] other forms of assistance under the Stafford Oklahoma; Amendment No. 2 to Notice Act that you deem appropriate. Direct of a Major Disaster Declaration Oklahoma; Amendment No. 1 to Notice Federal assistance is authorized. Consistent of a Major Disaster Declaration with the requirement that Federal assistance AGENCY: Federal Emergency be supplemental, any Federal funds provided Management Agency, DHS. AGENCY: Federal Emergency under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total ACTION: Notice. Management Agency, DHS. eligible costs. Federal funds provided under SUMMARY: This notice amends the notice ACTION: Notice. the Stafford Act for Public Assistance also will be limited to 75 percent of the total of a major disaster declaration for the eligible costs, except for any particular State of Oklahoma (FEMA–1718–DR), SUMMARY: This notice amends the notice projects that are eligible for a higher Federal dated August 24, 2007, and related of a major disaster for the State of cost-sharing percentage under the FEMA determinations. Oklahoma (FEMA–1718–DR), dated Public Assistance Pilot Program instituted DATES: Effective Date: September 17, August 24, 2007, and related pursuant to 6 U.S.C. 777. determinations. If Other Needs Assistance under Section 2007. 408 of the Stafford Act is later warranted, FOR FURTHER INFORMATION CONTACT: DATES: Effective Date: September 12, Federal funding under that program also will Peggy Miller, Disaster Assistance 2007. be limited to 75 percent of the total eligible Directorate, Federal Emergency costs. Management Agency, Washington, DC FOR FURTHER INFORMATION CONTACT: Further, you are authorized to make changes to this declaration to the extent 20472, (202) 646–2705. Peggy Miller, Disaster Assistance allowable under the Stafford Act. SUPPLEMENTARY INFORMATION: The notice Directorate, Federal Emergency of a major disaster declaration for the The Federal Emergency Management Management Agency, Washington, DC State of Oklahoma is hereby amended to Agency (FEMA) hereby gives notice that 20472, (202) 646–2705. include the Public Assistance program pursuant to the authority vested in the SUPPLEMENTARY INFORMATION: for the following areas among those Notice is Administrator, under Executive Order areas determined to have been adversely hereby given that the incident period for 12148, as amended, Justin A. affected by the catastrophe declared a this disaster is closed effective Dombrowski, of FEMA is appointed to major disaster by the President in his September 12, 2007. act as the Federal Coordinating Officer declaration of August 24, 2007. for this declared disaster. (The following Catalog of Federal Domestic The following areas of the State of Canadian, Cleveland, Comanche, Custer, Assistance Numbers (CFDA) are to be used Iowa have been designated as adversely Grady, Kiowa, Okfuskee, Oklahoma, for reporting and drawing funds: 97.030, affected by this declared major disaster: Okmulgee, Pottawatomie, Seminole, and Community Disaster Loans; 97.031, Cora Stephens Counties for Individual Assistance. Brown Fund Program; 97.032, Crisis Allamakee, Appanoose, Boone, Calhoun, Canadian, Cleveland, Comanche, Cotton, Counseling; 97.033, Disaster Legal Services Cherokee, Davis, Humboldt, Mahaska, Palo Custer, Dewey, Garvin, Grady, Kiowa, Logan, Program; 97.034, Disaster Unemployment Alto, Pocahontas, Van Buren, Wapello, McClain, Okfuskee, Okmulgee, Assistance (DUA); 97.046, Fire Management Wayne, and Webster Counties for Public Pottawatomie, Seminole, Stephens, and Assistance; 97.048, Individuals and Assistance, including direct Federal Washita Counties for Public Assistance. assistance, if warranted. Blaine, Caddo, and Kingfisher Counties for Households Housing; 97.049, Individuals and All counties within the State of Iowa are Public Assistance (already designated for Households Disaster Housing Operations; eligible to apply for assistance under the Individual Assistance). 97.050, Individuals and Households Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Program—Other Needs; 97.036, Public (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Assistance Grants; 97.039, Hazard Mitigation Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Grant Program.) for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis R. David Paulison, Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Administrator, Federal Emergency Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Management Agency. Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management [FR Doc. E7–19004 Filed 9–25–07; 8:45 am] Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and BILLING CODE 9110–10–P Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; Households Disaster Housing Operations; 97.050, Individuals and Households 97.050, Individuals and Households Program—Other Needs; 97.036, Public VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54671 DEPARTMENT OF HOMELAND e.g., permitting electronic submission of DEPARTMENT OF HOMELAND SECURITY responses. SECURITY U.S. Citizenship and Immigration Overview of This Information Bureau of Customs and Border Services Collection Protection Agency Information Collection (1) Type of Information Collection: [USCBP–2007–0060] Activities: Reinstatement and Revision Reinstatement and revision of a previously approved form. Notice of Availability of a Final of a Previously Approved Form Programmatic Environmental (2) Title of the Form/Collection: Assessment (PEA) and a Finding of No ACTION: 60-day notice of information HRIFA Supplement to Form I–485. Significant Impact (FONSI) on the collection under review; Form I–485: Western Hemisphere Travel Initiative in Supplement C, HRIFA Supplement to (3) Agency form number, if any, and the Land and Sea Environments Form I–485; OMB Control No. 1615– the applicable component of the New. Department of Homeland Security AGENCY: Customs and Border Protection sponsoring the collection: Form I–485 (CBP), Department of Homeland The Department of Homeland Supplement C; U.S. Citizenship and Security (DHS). Security, U.S. Citizenship and Immigration Services. ACTION: Notice of availability. Immigration Services has submitted the (4) Affected public who will be asked following information collection request SUMMARY: or required to respond, as well as a brief A Final Programmatic for review and clearance in accordance Environmental Assessment (PEA) and abstract: Primary: Individuals or with the Paperwork Reduction Act of Finding of No Significant Impact households. The information provided 1995. The information collection is (FONSI) for the Western Hemisphere published to obtain comments from the on the Form I–485 Supplement C, in Travel Initiative (WHTI) in the Land and public and affected agencies. Comments combination with the information Sea Environments are available to the are encouraged and will be accepted for collected on Form I–485 (Application to public for review. The Final PEA sixty days until November 26, 2007. Register Permanent Resident or Adjust documents a review of potential Written comments and suggestions Status), is necessary in order for the U.S. environmental impacts. Based on the regarding items contained in this notice Citizenship and Immigration Services Final PEA, a determination was made and especially with regard to the (USCIS) to make a determination that that the travel documents proposed for estimated public burden and associated the adjustment of status eligibility WHTI and use of the travel documents response time should be directed to the requirements and conditions are met by for implementation of the Intelligence Department of Homeland Security the applicant of Haitian nationality Reform and Terrorism Prevention Act of (DHS), USCIS, Chief, Regulatory pursuant to HRIFA. 2004 (IRTPA) will not have a significant Management Division, Clearance Office, (5) An estimate of the total number of impact on the quality of the human environment such that it would require 111 Massachusetts Avenue, NW., 3rd respondents and the amount of time further analysis under the National floor, Suite 3008, Washington, DC estimated for an average respondent to 20529. Comments may also be Environmental Policy Act of 1969 respond: 2,000 respondents at 30 submitted to DHS via facsimile to 202– (NEPA). The Final PEA addresses the minutes per response. 272–8352, or via e-mail at substantive comments received on the [email protected]. When submitting (6) An estimate of the total public Draft PEA during the public comment comments by e-mail please add the burden (in hours) associated with the period. The Final PEA resulted in a OMB Control Number 1615–New in the collection: 1,000 annual burden hours. FONSI that describes the programmatic subject box. If you have additional comments, action alternatives to be used as the Written comments and suggestions suggestions, or need a copy of the approach to meet the requirements of WHTI. The Final PEA and FONSI are from the public and affected agencies information collection instrument, made available to the public in concerning the collection of information please visit the USCIS Web site at: should address one or more of the accordance with NEPA and the Council http://www.regulations.gov/fdmspublic/ on Environmental Quality (CEQ) following four points: component/main. We may also be (1) Evaluate whether the collection of regulations for implementing NEPA. contacted at: USCIS, Regulatory information is necessary for the proper DATES: The Final PEA and FONSI will Management Division, 111 performance of the functions of the be available to the public on September Massachusetts Avenue, NW., 3rd floor, agency, including whether the 6, 2007. Suite 3008, Washington, DC 20529, information will have practical utility; ADDRESSES: Copies of the Final PEA and (2) Evaluate the accuracy of the telephone number 202–272–8377. FONSI may be obtained by download agencies estimate of the burden of the Dated: September 20, 2007. through the Internet at http:// collection of information, including the Richard A. Sloan, www.cbp.gov/travel and http:// validity of the methodology and Chief, Regulatory Management Division, U.S. www.regulations.gov or by writing to: assumptions used; Citizenship and Immigration Services. CBP, 1300 Pennsylvania Avenue, NW., Room 5.4D, Attn: WHTI Environmental (3) Enhance the quality, utility, and [FR Doc. E7–18943 Filed 9–25–07; 8:45 am] clarity of the information to be Assessment, Washington, DC 20229. BILLING CODE 4410–10–P collected; and FOR FURTHER INFORMATION CONTACT: U.S. (4) Minimize the burden of the Customs and Border Protection, WHTI collection of information on those who Program Management Office, ATTN: are to respond, including through the Ms. Colleen Manaher, 1300 use of appropriate automated, Pennsylvania Avenue, NW., Room 5.4D, electronic, mechanical, or other Washington, DC 20229, (202) 344–1220, technological collection techniques or e-mail address: other forms of information technology, [email protected]. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54672 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices SUPPLEMENTARY INFORMATION: Section Dated: September 19, 2007. statutory, regulatory, or when otherwise 7209 of IRTPA, as amended, provides Eugene H. Schied, desired by the agency. that upon full implementation, U.S., Assistant Commissioner, Office of Finance. b. The Native Hawaiian Organization Bermudian, and Canadian citizens, and [FR Doc. E7–19035 Filed 9–25–07; 8:45 am] Notification List may assist other Mexican nationals would be required to BILLING CODE 9111–14–P Federal agency officials with their present a passport or such alternative reasonable and good faith efforts to documents as the Secretary of identify Native Hawaiian organizations Homeland Security designates as DEPARTMENT OF THE INTERIOR that are to be notified or consulted with satisfactorily establishing identity and when required by statute or when citizenship upon entering the United Office of the Secretary otherwise desired by the agency. States. c. The Native Hawaiian Organization In a Notice of Proposed Rulemaking Native Hawaiian Organization Notification List is voluntary, and (NPRM) published in the Federal Notification List Native Hawaiian organizations are not Register on June 26, 2007 (72 FR 35088), required to participate in the AGENCY: Office of Hawaiian Relations, DHS and the Department of State (DOS) Notification List. However, it is Office of the Secretary, Department of described the second phase of a joint anticipated that Federal agencies will the Interior. plan, known as WHTI, to implement rely on this list. these new requirements. The NPRM ACTION: Creation of a Native Hawaiian d. The placement of an organization proposed the specific documents that Organization Notification List to be on the Notification List shall not be U.S. citizens and nonimmigrant aliens maintained by the U.S. Department of construed as recognition by the Federal from Canada, Bermuda, and Mexico the Interior, Office of Hawaiian Government that the organization is a would be required to present when Relations. governmental, tribal, or other similar entering the U.S. at sea and land ports- SUMMARY: The Office of Hawaiian type entity. of-entry from Western Hemisphere Relations (OHR), within the Office of e. The placement of an organization countries. the Secretary, U.S. Department of the on the Notification List is not intended DHS and CBP have analyzed the Interior (DOI), has developed criteria for to and does not confer any substantive potential impacts on the human establishment of a Native Hawaiian or procedural right, benefit, or privilege environment of several alternate ways of Organization Notification List enforceable at law or in equity, which implementing WHTI at sea and land (Notification List). The purpose of the is not otherwise available to the ports-of-entry based on technological Notification List is to provide the DOI organization by law, by any party and operational considerations as part officials with a tool to help satisfy their against the United States, its agencies or of the decision-making process. The statutory notification obligations under instrumentalities, its officers or impact analysis in the Final PEA and such laws as the National employees, or any other person. FONSI focuses primarily on the effects Environmental Policy Act (NEPA), the f. The Notification List is created as a of implementing WHTI at land ports-of- National Historic Preservation Act convenience for the U.S. Government entry because the land environment is (NHPA), and the Native American and Native Hawaiian organizations. It the most sensitive to the proposed Graves Protection and Repatriation Act does not provide a basis for legal action document and technological changes against the U.S. Government. associated with implementation of (NAGPRA). It is also the intent of the WHTI. Office of Hawaiian Relations to make 2. How Does a Native Hawaiian Four technological and operational available to other Federal agency Organization Apply To Be on the alternatives to meet the requirements to officials this mechanism to assist them Native Hawaiian Organization define and process secure, standardized with their reasonable and good faith Notification List? efforts to identify Native Hawaiian travel documents under WHTI are a. An organization must certify in analyzed in the PEA. The four organizations that are to be notified or consulted with when required by statute writing to OHR the following: alternatives are: (1) No-Action i. The organization serves and or when desired. Alternative: maintain the status quo; (2) represents the interests of Native Standardized Documents Alternative: DATES: Eligible organizations should Hawaiians; accept a limited number of document submit their application for inclusion ii. The organization has as a primary categories for admission at all sea or on the list. Although organizations may and stated purpose the provision of land ports-of-entry (LPOEs); (3) MRZ apply for inclusion on the list at services to Native Hawaiians; Alternative: Accept standardized anytime, we will begin using the list on iii. The organization has expertise in documents that contain a Machine November 26, 2007. Native Hawaiian affairs; and Readable Zone (MRZ); and (4) RFID ADDRESSES: To apply for placement of iv. The organization would like to be Alternative: Accept standardized an organization on the Notification List placed on the Notification List. documents that contain Radio send certification to: Ka’i’ini K. Kaloi, b. The certification must be signed Frequency Identification (RFID) Director, Office of Hawaiian Relations, and dated by the organization’s technology and an MRZ, for the use of 1849 C Street, NW., MS 3543, governing body and include a valid U.S. RFID-enabled readers at the busiest Washington, DC 20240. mailing address where the organization LPOEs and MRZ at all LPOEs. As SUPPLEMENTARY INFORMATION: wants notifications to be sent. described in the PEA, air quality and c. The request may also include the noise are the primary resource areas that 1. What Does the Native Hawaiian organization’s topical and geographic have the most potential to be affected by Organization Notification List Do? areas of interest. implementation of WHTI. However, no a. The Native Hawaiian Organization d. If the certification from the significant environmental impacts to Notification List, to be maintained and organization is incomplete, the these resources or any other human or housed within OHR, is designed to organization may not be listed. natural environments from the assist the DOI and other agencies to e. It is a violation of Federal law to implementation of any of the WHTI locate and communicate with interested make false, fictitious, or fraudulent alternatives are anticipated. Native Hawaiian organizations when statements to the Federal Government. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54673 3. How Long Does Registration on the i. The organization’s current contact Environmental Policy Act of 1969, and Notification List Last? information, including a valid U.S. describes how the refuge will be Placement on the list is valid for five mailing address; managed for the next 15 years. ii. A statement that the organization years. Placement automatically expires ADDRESSES: A copy of the CCP/FONSI meets the criteria listed in 2(a)(i)–(iii); at the end of five years, measured from may be obtained by writing to: and the date the organization was placed on Lacassine National Wildlife Refuge, iii. A statement that it is the official the Notification List or last had its 1428 Highway 27, Bell City, Louisiana position of the organization to remain membership renewed, whichever is 70630; Telephone: 337/598–2216. The on the Notification List. more recent. The OHR will notify the CCP/FONSI may also be accessed and d. If the information submitted by an organization at the last listed address of downloaded from the Service’s Web organization to update its registration is the need to renew their membership on site: http://southeast.fws.gov/planning/. incomplete, the organization may not the Notification List. FOR FURTHER INFORMATION CONTACT: Judy remain listed. McClendon, Refuge Planner, at the e. If an organization does not provide 4. How Will DOI Manage and Provide address in the ADDRESSES section or by Public Notification of the List? a satisfactory update every five years, electronic mail at the following address: registration on the Notification List will a. The DOI will maintain the Native [email protected]. automatically expire. Registration Hawaiian Organization Notification List SUPPLEMENTARY INFORMATION: automatically expires at the end of two and will periodically update it. Introduction: With this notice, we years measured from the date the i. The OHR will publish on the DOI finalize the CCP process for Lacassine organization was placed on the Web site the names and contact National Wildlife Refuge, begun as Notification List or the date the information of the listed Native announced in the Federal Register (68 organization last submitted a written Hawaiian organizations. The FR 2566; January 17, 2003). For more request to remain on the Notification information contained therein will be about the process, see that notice. We List, whichever is more recent. updated periodically released the Draft CCP and ii. Copies of the Notification List and 7. How Does an Organization Environmental Assessment (EA) to the instructions outlining how to become a Voluntarily Remove Its Name From the public, announcing and requesting listed organization will also be available Notification List? comments in a notice of availability in online or may be requested from the a. If an organization wants to be the Federal Register (71 FR 65832; OHR. removed from the Notification List prior November 9, 2006). Lacassine National Wildlife Refuge, established on 5. How Will Listed Native Hawaiian to the automatic expiration date, the December 30, 1937, is one of four Organizations Be Notified of Federal organization must send a signed and refuges that makes up the Southwest Actions? dated written statement from the organization’s governing body Louisiana National Wildlife Refuge a. Agency officials who are seeking to affirmatively requesting removal from Complex. The 34,724-acre refuge is consult with Native Hawaiian the Notification List. strategically located on the boundary of organizations regarding a NAGPRA or b. After receipt of the removal request, coastal marshes and agricultural NHPA action should notify those Native the OHR will remove the organization habitats at the southern terminus of the Hawaiian organizations on the during the periodic update of the Mississippi and Central Flyways, Notification List. Notification List. making the refuge critically important to b. The notification should: migratory birds, especially wintering i. Be sent to the address listed on the Dated: September 5, 2007. waterfowl. Native Hawaiian Organization Ka’i’ini Kaloi, With this notice, we announce our Notification List; Director, Office of Hawaiian Relations. decision and the availability of the Final ii. Outline the Federal action to take [FR Doc. E7–19003 Filed 9–25–07; 8:45 am] CCP/FONSI in accordance with the place that will affect Native Hawaiians; BILLING CODE 4310–02–P National Environmental Policy Act [40 iii. Provide a point of contact within CFR 1506.6(b)] requirements. We the acting agency for the Native completed a thorough analysis of the Hawaiian organization where inquiries DEPARTMENT OF THE INTERIOR environmental, social, and economic may be sent. considerations, which we included in Fish and Wildlife Service the Final CCP/FONSI. The FONSI 6. What Must a Listed Native Hawaiian documents the selection of Alternative Organization Do in Order To Remain Lacassine National Wildlife Refuge B, the preferred alternative. on the Notification List? AGENCY: Fish and Wildlife Service, Alternatives and Preferred a. To remain on the Notification List, Interior. Alternative: The Draft CCP/EA Native Hawaiian organizations must ACTION: Notice of availability of the identified and evaluated three submit a written request at least every Final Comprehensive Conservation Plan alternatives for managing the refuge five years. It is the responsibility of the (CCP) and Finding of No Significant over the next 15 years. Alternative A, organization to notify the OHR of Impact (FONSI). the no-action alternative, would have changes to its U.S. mailing address. continued current management of the b. The request to remain on the SUMMARY: We, the Fish and Wildlife refuge. Alternative C would refocus Notification List must be sent to the Service, announce our decision and the management priority to actively DOI, OHR, within 30 days before the availability of the Final CCP and FONSI investigating and extending the life/ organization’s listing expires. for Lacassine National Wildlife Refuge value of Lacassine Pool as a migratory c. The request to remain on the in Cameron and Evangeline Parishes, bird sanctuary. We chose Alternative B Notification List must include a Louisiana. The CCP was prepared (maximize refuge management certification, signed and dated by the pursuant to the National Wildlife Refuge capabilities in all programs) as our organization’s governing body, that System Improvement Act of 1997, and preferred alternative. This includes: in accordance with the National determination was made based on the VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54674 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices best professional judgment of the Department of the Interior, 1849 C Tribal Probate Codes under 25 U.S.C. planning team and the comments Street, NW., Mailstop 4620–MIB, 2205; (2) to promote an efficient system received on the Draft CCP/EA. We Washington, DC 20240; telephone for Tribes to determine the descent and believe this management alternative will number: (202) 208–5831; fax number: distribution of the decedent’s trust and be the most effective one to contribute (202) 208–2549. non trust estates; (3) to facilitate use and to the purposes for which the refuge was SUPPLEMENTARY INFORMATION: enforcement of Tribal Probate Codes. established and to the mission of the The Model Tribal Probate Code is I. General Information National Wildlife Refuge System. only intended to address trust and Implementation of the goals, objectives, a. Does This Action Apply to Me? restricted lands. The Department does and strategies in the CCP will allow us not have jurisdiction over non trust or to manage the refuge for migratory birds, This action is directed to federally recognized tribes and the public in non restricted assets. Those provisions with special emphasis on waterfowl are within the sole authority of the (especially northern pintails and general. Since other persons may also be interested, the Agency has not Tribe, subject to its constitution. Tribes mottled ducks); native flora and fauna; may have provisions for non trust assets and rare and endangered species and attempted to describe all the specific entities that may be affected by this that greatly differ from those provisions habitat types. The refuge will provide concerning trust assets. The Department opportunities for research by serving as action. If you have any questions regarding the information in this notice, recommends that Tribal Probate Codes a demonstration area and outdoor delineate which provisions apply to consult the person listed under FOR laboratory for those studying the trust and non trust assets. ecology of southwest Louisiana FURTHER INFORMATION CONTACT. wetlands. It will encourage appropriate b. How Can I Get Copies of This III. Does This Notice Contain Binding and compatible wildlife-dependent Document and Other Related Requirements? recreation, such as hunting, fishing, Information? No, the Model Tribal Probate Code is wildlife observation, wildlife Please contact the person listed under intended to serve as suggested guidance photography, and environmental FOR FURTHER INFORMATION CONTACT who for Tribes formulating Tribal Probate education and interpretation. will arrange for a copy to be sent to you. Codes that contain provisions Authority: This notice is published under applicable to trust and restricted assets. the authority of the National Wildlife Refuge c. Is There a Comment Period for This Dated: July 31, 2007. System Improvement Act of 1997, Public Notice and to Whom Do I Send Law 105–57. Comments? Carl J. Artman, Assistant Secretary—Indian Affairs. Dated: April 12, 2007. The comment period for the ‘‘Model Cynthia K. Dohner, Tribal Probate Code with Comments’’ MODEL TRIBAL PROBATE CODE (With Acting Regional Director. will open on the date of publication of comments and suggested guidelines) [FR Doc. E7–18982 Filed 9–25–07; 8:45 am] this notice and last for twenty (20) days. Table of Contents Comments can be directed to the person BILLING CODE 4310–55–P ARTICLE I. GENERAL PROVISIONS, listed under FOR FURTHER INFORMATION DEFINITIONS AND PROBATE CONTACT. JURISDICTION DEPARTMENT OF THE INTERIOR II. What Guidance Does This Notice PART 1. GENERAL PROVISIONS Bureau of Indian Affairs Provide? Section The Model Tribal Probate Code is 1–100 Evidence of Death or Status. Model Tribal Probate Code, Guidance intended to serve as suggested PART 2. DEFINITIONS for Submission of Tribal Probate guidelines for Tribes considering the Codes Under 25 U.S.C. Section 2205 Section creation and adoption of a Tribal 1–200 General Definitions. AGENCY: Bureau of Indian Affairs, Probate Code containing provisions Interior. applicable to trust and restricted PART 3. SCOPE, JURISDICTION AND COURTS ACTION: Notice. property. The Model Tribal Probate Code is not binding on tribes and is not Section SUMMARY: The Bureau of Indian Affairs a rulemaking. The Model Tribal Probate 1–300 Subject Matter Jurisdiction. (BIA) is announcing the availability of a Code sets forth the Bureau of Indian 1–301 Application of Tribal Probate Model Tribal Probate Code with Affairs (BIA) policy and interpretation Codes. 1–302 Appeals. comments entitled ‘‘Model Tribal of the American Indian Probate Reform Probate Code.’’ BIA issues notices to Act of 2004 (AIPRA) as it relates to the PART 4. REQUIREMENTS FOR TRIBAL inform tribes, Indians, and other creation and approval of Tribal Probate PROBATE CODES interested persons about important Codes. After the Department reviewed Section policies, procedures, and related several Tribal Probate Codes that 1–400 Submission of Tribal Probate Code decisions, and these notices serve to contained provisions contrary to AIPRA, to the Secretary of the Interior. provide guidance to tribes and BIA the Department of the Interior ARTICLE II. INTESTACY personnel. This notice provides (Department) decided to draft a Model guidance to tribes considering the Tribal Probate Code. The Department PART 1. INTESTATE SUCCESSION creation and adoption of a Tribal may revise the Model Tribal Code from Section Probate Code containing provisions time to time based on further 2–100 Intestate Estate. applicable to trust and restricted experience. 2–101 Share of Surviving Spouse. property and includes a copy of the 2–102 Intestate Succession. The underlying purposes and policies 2–103 Intestate Descent of Small ‘‘Model Probate Code with Comments.’’ of this code are: (1) To clarify the Fractional Interests in Land. FOR FURTHER INFORMATION CONTACT: provisions of the American Indian 2–104 Right of Representation. Eufrona Snyder, Office of Trust Probate Reform Act of 2004 (AIPRA) 2–105 Requirement that Heir Survive Services, Bureau of Indian Affairs, relating to the creation and adoption of Decedent for 120 Hours. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54675 ARTICLE III. WILLS AND delineating which provisions apply to of 25 U.S.C. 2206(e) or 25 U.S.C. TESTAMENTARY DISPOSITION trust and non trust assets. Any tribe that 2206(j)(9), by which a decedent’s heirs PART 1. WILLS elects not to adopt the model code must and devisees consolidate interests in ensure that its own code complies with trust or restricted land, entered during Section 3–100 Who May Make a Will. AIPRA and accompanying DOI the probate process, approved by the 3–101 Requirements for Wills. regulations. judge, and implemented by the probate order. PART 2. TESTAMENTARY DISPOSITION ARTICLE I. GENERAL PROVISIONS, Decedent means a person who is Section DEFINITIONS AND PROBATE deceased. 3–200 General Devise of an Interest in JURISDICTION Department or DOI means the Trust or Restricted Land. PART 1. GENERAL PROVISIONS Department of the Interior. 3–201 Rules of Interpretation. Devise means a gift of property by 3–202 Devise of Trust or Restricted Land Section 1–100 Evidence of Death. will. Also, to give a gift of property by as a Life Estate or in Fee. will. 3–203 Invalid Devisees and Wills. Section 1–100 Evidence of Death. Devisee means a person or entity that 3–204 Presumption of Joint-Tenancy. In addition to the rules of evidence in receives property under a will. ARTICLE IV. MISCELLANEOUS courts of general jurisdiction, the Eligible heirs means, for purposes of PART 1 following rules relating to a Article 2 Part 1 (25 U.S.C. 2206), any of a decedent’s children, grandchildren, Section determination of death apply: (a) A certified copy of a death great grandchildren, full siblings, half 4–100 Amendments to Tribal Probate siblings by blood, and parents who Codes. certificate is required to probate the estate of a trust or restricted landowner. are— Model Tribal Probate Code (b) An individual whose death is not (a) Indian; or (b) Lineal descendents within two Comment—Model Tribal Probate Code established under the preceding paragraphs who is absent for a degrees of consanguinity of an Indian; The Model Tribal Probate Code is continuous period of not less than six or intended to serve as suggested years, during which he has not been in (c) Owners of a trust or restricted guidelines for Tribes considering the contact with those who knew him, is interest in a parcel of land for purposes creation and adoption of a Tribal presumed to be dead. of inheriting by descent, renunciation, Probate Code containing provisions or consolidation agreement under applicable to trust and restricted COMMENT—SECTION 1–100 Article 2 Part 1 of this code or 25 U.S.C. property. The Model Tribal Probate Paragraph (a) mandates that Tribes 2206, another trust or restricted interest Code is not binding on Tribes and is not must require a certified death certificate in such parcel from the decedent. a rulemaking. The Model Tribal Probate for probate of a trust or restricted estate. Estate means the land and personalty Code sets forth the Bureau of Indian The requirement in 25 CFR 15.101 may owned by the decedent at the time of Affairs (BIA) policy and interpretation not be changed. death. of the American Indian Probate Reform Paragraph (b) allows Tribes to Heir means any individual or entity Act of 2004 (AIPRA) as it relates to the establish an alternate time period for a eligible to receive land and personalty creation and approval of Tribal Probate rebuttable presumption of death (other from a decedent in an intestate Codes. After the Department reviewed than the 6 years established in the proceeding. several Tribal Probate Codes that proposed 43 CFR 30.124). Note that the Heirs of the first or second degree contained provisions contrary to AIPRA; language reads ‘‘not less than.’’ Tribes means parents, children, grandchildren, grandparents, brothers and sisters of a the Department decided to draft a may increase the time period for the decedent. Model Tribal Probate Code. The rebuttable presumption of death, but Indian means— may not shorten the proposed regulatory Department may revise the Model Tribal (a) Any person who is a member of a time period. Code from time to time based on further federally recognized Indian tribe, is experience. PART 2. DEFINITIONS eligible to become a member of any The underlying purposes and policies Indian tribe, or is an owner (as of of this Code are: (1) To simplify and Section 1–200 General Definitions. October 27, 2004) of an interest in trust clarify the provisions of the American or restricted land; Indian Probate Reform Act of 2004 COMMENT—PART 2 (b) Any person meeting the definition (AIRPA) relating to the creation and See 25 U.S.C. 2201. These suggested of Indian under 25 U.S.C. 479; and the adoption of Tribal Probate Codes under definitions relate to trust and restricted regulations promulgated thereunder; 25 U.S.C. 2205; (2) to promote an property. A Tribe may have different and efficient system for Tribes to determine definitions for their non trust assets. For (c) With respect to the inheritance and the descent and distribution of the clarity, the BIA suggests delineating ownership of trust or restricted land in decedent’s trust and non trust estates; which definitions and provisions apply the State of California under 25 U.S.C. and (3) to facilitate use and enforcement to trust and non trust property in the 2206, any person described in of Tribal Probate Codes. Tribal Probate Code. subparagraph (a) or (b) of this definition This Model Tribal Probate Code is or any person who owns a trust or only intended to address trust and Section 1–200 General Definitions. restricted interest in a parcel of land in restricted lands. The Department does For purposes of this Code— that State. not have jurisdiction over non trust or BIA means the Bureau of Indian Indian Tribe or Tribe means any non restricted assets. Those provisions Affairs within the Department of the Indian tribe, band, group, pueblo, or are within the sole authority of the Interior. community for which or for the Tribe, subject to its constitution. Tribes Child includes any formally adopted members of which the United States may have provisions for non trust assets child. holds lands in trust. that greatly differ from those for trust Consolidation agreement means a Intestate means the decedent died assets. The Department recommends written agreement under the provisions without a valid will. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54676 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Land means any real property and COMMENT—SECTION 1–200 (3) Trusts that are not under the includes within its meaning for See 25 U.S.C. 2201. Tribes may exclusive jurisdiction of the Department purposes of this Code improvements change certain definitions to suit their of Interior. permanently affixed to real property. specific needs. Tribes may alter or add COMMENT—SECTION 1–300 Minor means an individual who has definitions for ‘‘spouse’’ or ‘‘child’’ to not reached the age of majority as incorporate tribal customs or laws. The See 25 U.S.C. 2205. The Constitution defined by the applicable law. For all definitions for ‘‘child’’ and ‘‘spouse’’ of a Tribe does not supersede AIPRA or trust and restricted property, the age of must be consistent with the definitions other Federal law. The Department is majority is 18 years of age. See 25 U.S.C. of those terms in the Tribe’s family law not required to follow Tribal law 373. codes if applicable. All definitions must timelines for review of codes. A Tribe Probate means the legal process by be consistent with Federal law. Certain may not determine a different which applicable tribal, Federal, or definitions may not be changed; these enactment date for their tribal probate State law that affects the distribution of definitions include but are not limited code with regard to trust and restricted a decedent’s estate is applied to: to: ‘‘Indian’’, ‘‘consolidation property. (a) Determine the heirs; (b) Determine the validity of wills and agreements’’, ‘‘land’’, ‘‘purchase option Section 1–301 Application of Tribal determine devisees; at probate,’’ and ‘‘without regard to Probate Code. waste.’’ (c) Determine whether claims against When probating an estate, the the estate will be paid from trust funds; Tribes do not have to use all of the definitions listed in the Model Tribal Department will apply an approved and Tribal Probate Code for all trust and (d) Order the transfer of any trust or Probate Code. Additional definitions are acceptable. restricted estates, subject to the restricted land or trust personalty to the jurisdiction of that Tribal Probate Code. heirs, devisees, or other persons or PART 3. SCOPE, JURISDICTION AND entities entitled by law to receive the COURTS COMMENT—SECTION 1–301 funds or land. See 25 U.S.C. 2205. AIPRA will be Purchase option at probate refers to Section 1–300 Subject Matter Jurisdiction. applied by the Department of Interior to the process by which eligible purchasers 1–301 Application of Tribal Probate determine the distribution of trust can purchase a decedent’s interest Codes. personalty in all trust and restricted during the probate proceeding. 1–302 Appeals. estates. Restricted property means real In instances where the approved COMMENT—PART 3 property, the title to which is held by an Tribal Probate Code is silent on an issue Indian but which cannot be alienated or See 25 U.S.C. 2205. Territorial in a particular estate, the Department encumbered without the consent of the Application. will apply AIPRA or other controlling Secretary. For the purposes of probate Notwithstanding any other provision applicable law. proceedings, restricted property is of law, any Indian tribe may adopt a treated as if it were trust property. Tribal Probate Code to govern descent Section 1–302 Appeals. Secretary means the Secretary of the and distribution of trust or restricted Application for appellate review, Interior or an authorized representative. lands that are— including the right to appellate review, The authorized representative of the (a) Located within that Indian tribe’s will be governed by 43 CFR Part 4 Secretary for the performance of probate reservation; or Subpart D for all trust or restricted functions is BIA. The authorized (b) Otherwise subject to the property estates. representative of the Secretary for jurisdiction of that Indian tribe. adjudication of probate for trust and COMMENT—SECTION 1–302 Section 1–300 Subject Matter restricted interests is OHA. Jurisdiction. See 43 CFR Part 4. Tribes may not Testate means that the decedent change the timelines for applications of executed a valid will. (a) The Department of the Interior. de novo review, reopening, or rehearing. Testator means a person who has (1) The Department of the Interior has executed a valid will. exclusive jurisdiction over the PART 4. REQUIREMENTS FOR Trust personalty means all funds and adjudication of probate estates for TRIBAL PROBATE CODES securities of any kind that are held in owners of trust or restricted property. Section trust in an individual Indian money This function may not be delegated 1–400 Submission of Tribal Probate Code account (IIM account) or otherwise through a compact or contract. to the Secretary of Interior. owned in trust by the United States for (2) The Department of the Interior has 1–400 Submission of Tribal Probate the benefit of an individual Indian. exclusive jurisdiction in the preparation Code to the Secretary of Interior. Trust property means real or personal of probate packages. This function may property, or an interest therein, for be performed by a Tribe through a Tribal Probate Codes and Tribal which the United States holds the title compact or contract. Probate Code amendments containing to the property in trust for the benefit of (b) Tribal Courts. To the extent provisions on trust and restricted lands an individual Indian or tribe. permitted by its Tribal constitution, and must be submitted to the Secretary of Will means a written document other applicable Federal and State laws, the Interior for approval. executed with the required formalities the Tribal Probate Court has jurisdiction COMMENT—SECTION 1–400 and intended to facilitate the passage of over all non-trust subject matter relating the testator’s property upon death. to: See 25 U.S.C. 2205. If the Secretary Without regard to waste means, with (1) Estates of decedents, including disapproves a Tribal Probate Code, or respect to a life estate interest in land, construction of wills, determination of an amendment to the a code, the that the holder of such estate is entitled heirs, successors of decedents, and Secretary shall include a written to the receipt of all income, including estates of protected persons; explanation of the reasons for the bonuses and royalties, from such land to (2) Protection of minors and disapproval in the notice of disapproval the exclusion of the remainderman. incapacitated persons; and to the Indian Tribe. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54677 Consistency with Federal Law and Section 2–102 Intestate Succession. applicable Federal law, any trust or Policies Where there is no surviving spouse of restricted interest in land in the (a) The Tribal Probate Code must be the decedent, or there is a remainder decedent’s estate that is not disposed of consistent with Federal law and interest pursuant to section 2–101, the by a valid will; and represents less than promote the policies set forth in section trust or restricted estate or such 5 percent of the entire undivided 102 of the Indian Land Consolidation remainder shall, subject to sections 2– ownership of the parcel of land of Act Amendments of 2000. Those 100 and section 2–103, pass as follows: which such interest is a part, as policies are to: (a) To those of the decedent’s children evidenced by the decedent’s estate (1) Prevent further fractionation of who are eligible heirs in equal shares (or inventory at the time of the heirship trust allotments; determination, shall descend in (2) Consolidate fractional interests if one or more of such children do not survive the decedent, the children of accordance with paragraphs (a) and (b). and ownership of those interests into (a) Surviving spouse. If there is a usable parcels; any such deceased child who are eligible heirs, by right of representation, surviving spouse, and such spouse was (3) Consolidate fractional interests in residing on a parcel of trust or restricted a manner that enhances tribal but only if such children of the deceased child survive the decedent). land representing less than 5 percent of sovereignty; the entire undivided ownership of the (4) Promote Tribal self sufficiency and (b) If the property does not pass under paragraph (a) of this section, to those of parcel of land of which such interest is self determination; a part at the time of the decedent’s (5) Reverse the effects of the allotment the decedent’s surviving great- grandchildren who are eligible heirs, in death, the spouse shall receive a life policy on Indian tribes. estate without regard to waste in the Tribal Probate Codes must be equal shares. decedent’s trust or restricted interest in consistent with Federal law. Federal law (c) If the property does not pass under only such parcel, and the remainder includes the Department’s regulations. paragraph (a) or (b) of this section, to the interest in that parcel shall pass in The proposed regulations for Indian decedent’s surviving parent who is an accordance with the single heir rule. trust and restricted estates can be found eligible heir, and if both parents survive (b) Single heir rule. Where there is no at 25 CFR Part 15, 25 CFR Part 18, 25 the decedent and are both eligible heirs, life estate created for a surviving spouse CFR Part 179, 43 CFR Part 30, and 43 to both parents in equal shares. or there is a remainder interest under CFR Part 4. Current probate regulations (d) If the property does not pass under that paragraph, the trust or restricted may be found at 25 CFR Part 15 and 43 paragraph (a), (b), or (c) of this section, interest or remainder interest that is CFR Part 4. to those of the decedent’s surviving siblings who are eligible heirs, in equal subject to this Part shall descend, in ARTICLE II. INTESTACY shares. trust or restricted status, to— PART 1. INTESTATE SUCCESSION (e) If the property does not pass under (1) The decedent’s surviving child, paragraph (a), (b), (c), or (d) of this but only if such child is an eligible heir; Section and if two or more surviving children 2–100 Intestate Estate. section, to the Indian tribe. Except that notwithstanding paragraph (e), an are eligible heirs, then to the oldest of 2–101 Share of Surviving Spouse. such children; 2–102 Intestate Succession. Indian co-owner (including the Indian 2–103 Intestate Descent of Small tribe referred to in paragraph (e)) of a (2) If the interest does not pass under Fractional Interests in Land. parcel of trust or restricted land may subparagraph (1) of this section, the 2–104 Right of Representation. acquire an interest that would otherwise decedent’s surviving grandchild, but 2–105 Requirement that Heir Survive descend under that paragraph by paying only if such grandchild is an eligible Decedent for 120 Hours. into the estate of the decedent, before heir; and if two or more surviving Section 2–100 Intestate Estate. the close of the probate of the estate, the grandchildren are eligible heirs, then to fair market value of the interest in the the oldest of such grandchildren; Rules of descent. Any trust or land; if more than one Indian co-owner (3) If the interest does not pass under restricted interest in land that is not offers to pay for such interest, the subparagraph (1) or (2) of this section, disposed of by a valid will shall highest bidder shall acquire the interest. the decedent’s surviving great descend according to grandchild, but only if such great (a) Sections 2–101 through 2–103; and COMMENT—SECTION 2–102 grandchild is an eligible heir; and if two (b) Other applicable Federal law. See 25 U.S.C. 2206. Tribal Probate or more surviving great grandchildren COMMENT—SECTION 2–100 Codes may include rules of intestate are eligible heirs, then to the oldest of See 25 U.S.C. 2206. succession and other tribal probate such great grandchildren; provisions that are consistent with (4) If the interest does not pass under Section 2–101 Share of Surviving Federal law and promote the policies of subparagraph (1), (2), or (3) of this Spouse. the 2000 ILCA amendments. 25 CFR section, then to the Indian tribe. (a) If there is a surviving spouse of the 2205(a)(2)(A)(B). Tribes may not change COMMENT—SECTION 2–103 decedent, the spouse shall receive a life the provisions of AIPRA regarding estate, without regard to waste, in the consolidation agreements, purchase See 25 U.S.C. 2206. A Tribe may trust or restricted lands of the decedent. option at probate, or determination of adopt a rule of intestate descent (b) If there is a surviving spouse of the valuation methods. applicable to the single heir rule that decedent, the spouse shall receive the Further, in intestate cases, the life differs from the order of descent set appropriate trust personalty as outlined estate of a surviving spouse must be forth in AIPRA. The Secretary shall in AIPRA. 25 U.S.C. 2206(a)(2). ‘‘without regard to waste.’’ apply such rule to the intestate interest (c) The remainder of the estate shall in distributing the decedent’s estate but Section 2–103 Intestate Descent of only if— pass as set forth in Section 2–102 and Small Fractional Interests in Land. 2–103. (a) A copy of the tribal rule is Notwithstanding the sections relating delivered to the official designated by COMMENT—SECTION 2–101 to intestacy and testamentary the Secretary to receive copies of tribal See 25 U.S.C. 2206. disposition, and subject to any rules for the purposes of this paragraph; VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54678 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices (b) The tribal rule provides for the Section 3–100 Who May Make a Will. devise clearly evidences an intent on intestate inheritance of such interest by Any person 18 years of age or over the part of the testator that the interest no more than 1 heir, so that the interest and of testamentary capacity, who has is to pass as a life estate or fee interest does not further fractionate; any right, title, or interest in trust or in accordance with section 3–202. (c) The tribal rule does not apply to restricted land or trust personalty, may COMMENT—SECTION 3–201 any interest disposed of by a valid will; dispose of trust or restricted land or See 25 U.S.C. 2206. (d) The decedent died on or after the trust personalty by will. effective date of the Tribal Probate Section 3–202 Devise of Trust or COMMENT—SECTION 3–100 Code; and Restricted Land as a Life Estate or in (e) The Secretary does not make a See 25 U.S.C. 2206. A Tribe may elect Fee. determination within 90 days after a a different age of majority for non trust Except as provided for under any copy of the tribal rule is delivered land and personalty. applicable Federal law, any trust or pursuant to item (a) that the rule would A Tribe may also want to include restricted interest in land that is not be unreasonably difficult to administer emancipated minors in this section for devised in accordance with section 3– or does not conform with the non-trust or restricted property. requirements in item (b) or (c). 200 may be devised only— Section 3–101 Requirements for Wills. (a) As a life estate to any person, with Section 2–104 Right of Representation. the remainder being devised only in A will must be executed and dated in accordance with section 3–200 or 3– If, under this Article, all or any part writing and attested by two 201; or of the estate of a decedent is to pass to disinterested adult witnesses. children of a deceased child by right of (b) Except as provided in representation, that part is to be divided COMMENT subparagraph 3–201, as a fee interest into as many equal shares as there are See 25 CFR Part 15. The Department without Federal restrictions against living children of the decedent and pre- requires this criteria for wills devising alienation to any person who is not deceased children who left issue who trust or restricted property. eligible to be a devisee under paragraph survive the decedent. Each living child (d) of section 3–200. PART 2. TESTAMENTARY of the decedent, if any, shall receive one DISPOSITION COMMENT—SECTION 3–202 share, and the share of each pre- See 25 U.S.C. 2206. deceased child shall be divided equally Section among the pre-deceased child’s 3–200 General Devise of an Interest in Section 3–203 Invalid Devises and children. Trust or Restricted Land. Wills. 3–201 Rules of Interpretation. COMMENT—SECTION 2–104 3–202 Devise of Trust or Restricted Land (a) Land. Any trust or restricted as a Life Estate or Fee. interest in land that is not devised in See 25 U.S.C. 2206. AIPRA sets forth 3–203 Invalid Devisees and Wills. accordance with the above sections or a detailed and specific scheme for the 3–204 Presumption of Joint Tenancy. that is not disposed of by a valid will right of representation and therefore shall descend in accordance with the may not be modified in a Tribal Probate Section 3–200 General Devise of an Interest in Trust or Restricted Land. applicable law of intestate succession as Code. Right of representation does not provided for in ARTICLE II Section 2– refer to the single heir rule. Subject to any applicable Federal law 102 and 2–103. Section 2–105 Requirement That Heir relating to the devise or descent of trust (b) Personalty. Any trust personalty Survive Decedent for 120 Hours. or restricted land, the owner of a trust that is not disposed of by a valid will or restricted interest in land may devise shall descend in accordance with the In the case of intestate succession such interest to— applicable law of intestate succession as under this Article, if an individual fails (a) Any lineal descendant of the provided for in AIPRA. to survive the decedent by at least 120 testator; hours, as established by clear and (b) Any person who owns a pre- COMMENT—SECTION 3–203 convincing evidence— existing undivided trust or restricted See 25 U.S.C. 2206. Prohibited Devise; (a) The individual shall be deemed to interest in the same parcel of land; Exceptions have predeceased the decedent for the (c) The Tribe with jurisdiction over (a) The Tribal Probate Code must purpose of intestate succession; and the interest in land; or allow the devise of an interest to: (b) The heirs of the decedent shall be (d) Any Indian; (1) An Indian lineal descendant of the determined in accordance with this in trust or restricted status. original allottee; and Article. (2) An Indian who is not a member of COMMENT—SECTION 3–200 COMMENT—SECTION 2–105 the Indian tribe with jurisdiction over See 25 U.S.C. 2206. the interest in the land; See 25 U.S.C. 2206. AIPRA sets forth (b) The Code may restrict the ability Section 3–201 Rules of Interpretation. a detailed and specific scheme for the of the devisees listed in (a) to inherit so requirement that an heir survive the Any devise of a trust or restricted long as the code allows: decedent for 120 hours and therefore interest in land pursuant to section 3– (1) Those devises to renounce their may not be modified in a Tribal Probate 200 to an Indian or the Tribe shall be interests to the eligible devisees as Code. deemed to be a devise of the interest in defined by the tribal code; ARTICLE III. WILLS AND trust or restricted status. Any devise of (2) A devisee who is the spouse or TESTAMENTARY DISPOSITION a trust or restricted interest in land to a lineal descendant of the testator to person who is only eligible to be a reserve a life estate without regard to PART 1. WILLS devisee under paragraph (a) or (b) of waste; and Section section 3–200 shall be presumed to be (3) For the payment of fair market 3–100 Who May Make a Will. a devise of the interest in trust or value as determined by the Department 3–101 Requirements for Wills. restricted status unless language in such on the date of the decedent’s death. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54679 Section 3–204 Joint Tenancy; Right of FOR FURTHER INFORMATION CONTACT: open to the public and will have time Survivorship. Bureau of Land Management, 5353 allocated for public testimony. The (a) Presumption of joint tenancy. If a Yellowstone Road, P.O. Box 1828, public is welcome to present written or testator devises trust or restricted Cheyenne, Wyoming 82003. oral comments. The meeting will be interests in the same parcel of land to SUPPLEMENTARY INFORMATION: This recorded and a summary will be more than one person, in the absence of survey was executed at the request of available upon request from the clear and express language in the devise the Bureau of Indian Affairs and is Superintendent for public inspection stating that the interest is to pass to the necessary for the management of these approximately six weeks after each devisees as tenants in common, the lands. The lands surveyed are: meeting. The NPS SRC program is devise shall be presumed to create a The plat and field notes representing authorized under Title VIII, section 808 joint tenancy with the right of the dependent resurvey of portions of of the Alaska National Interest Lands survivorship in the interests involved. the boundary between the States of Conservation Act, (Pub. L. 96–487), to (b) Exception. Paragraph (a) shall not Kansas and Nebraska, the east operate in accordance with the apply to any devise of an interest in boundary, the subdivisional lines, the provisions of the Federal Advisory trust or restricted land where the will in subdivision of section 36 and the 1927 Committee Act. which such devise is made was adjusted record meanders of the right DATES: The Cape Krusenstern National executed prior to June 20, 2006 (the date bank of the Missouri River, and the Monument SRC and Kobuk Valley that is 1 year after the date on which the survey of a portion of the subdivision of National Park SRC joint meeting will be Secretary publishes the certification section 36 and the metes-and-bounds held on Wednesday, October 3, 2007 required by section 8(a)(4) of the survey of a portion of the as-built and Thursday, October 4, 2007, from 9 American Indian Probate Reform Act of westerly right-of-way of Nebraska State a.m. to 5 p.m., Alaska Standard Time. 2004). (25 USCS 2201 note). Highway No. 7 in section 36, Township The meeting may end early if all 1 North, Range 18 East, and the business is finished. COMMENT—SECTION 3–204 dependent resurvey of a portion of the boundary between the States of Kansas Location: U.S. Fish and Wildlife See 25 U.S.C. 2206. A Tribe may not Service, Conference Room, Kotzebue, alter the presumption of joint tenancy. and Nebraska and the 1927 adjusted record meander of the right bank of the AK, telephone: (907) 442–3799. ARTICLE IV. MISCELLANEOUS Missouri River in section 31, and the FOR FURTHER INFORMATION CONTACT: PART I metes-and-bounds survey of a portion of Willie Goodwin, Subsistence Manager, the as-built westerly right-of-way of telephone: (907) 442–3890, or Ken Section Nebraska State Highway No. 7 in section 4–100 Amendments to the Tribal Probate Adkisson, Subsistence Manager, Code. 31, Township 1 North, Range 19 East, telephone: (907) 433–6104 at Western Sixth Principal Meridian, Nebraska, was Arctic National Parklands National Park Section 4–100 Amendments to the accepted August 27, 2007. Service, P.O. Box 1029, Kotzebue, AK Tribal Probate Code. Copies of the preceding described plat 99752. Amendments to the Tribal Probate and field notes are available to the public at a cost of $1.10 per page. SUPPLEMENTARY INFORMATION: SRC Code are permitted if they are consistent meeting location and dates may need to Dated: September 20, 2007. with AIPRA and the Department of the be changed based on weather or local Interior’s regulations. Amendments to a John P. Lee, circumstances. If the meeting dates and Tribal Probate Code must be approved Chief Cadastral Surveyor, Division of Support location are changed, notice of the new by the Department. Services. meeting will be announced on local COMMENT—SECTION 4–100 [FR Doc. E7–18946 Filed 9–25–07; 8:45 am] radio stations and published in local BILLING CODE 4467–22–P newspapers. See 25 U.S.C. 2205. The agenda for the joint meeting [FR Doc. E7–19103 Filed 9–25–07; 8:45 am] includes the following: BILLING CODE 4310–W7–P DEPARTMENT OF THE INTERIOR 1. Call to order (SRC Chairs). National Park Service 2. SRC Roll Call and Confirmation of DEPARTMENT OF THE INTERIOR Notice of Meetings for the National Quorums. 3. SRC Chairs and Superintendent’s Bureau of Land Management Park Service (NPS) Subsistence Resource Commission (SRC) Program Welcome and Introductions. [WY–957–07–1420–BJ–TRST] Within the Alaska Region 4. Review and Approve Agenda. 5. Status of SRC Membership. Notice of Filing of Plats of Survey, AGENCY: National Park Service, Interior. Nebraska ACTION: Notice of meetings for the 6. SRC Member Reports. National Park Service (NPS) Subsistence 7. Superintendent and NPS Staff ACTION: Notice of filing of plats of Resource Commission (SRC) program Reports. survey, Nebraska. within the Alaska Region. 8. Federal Subsistence Board Update. AGENCY: Bureau of Land Management, SUMMARY: The NPS announces the joint 9. State of Alaska Board Actions Interior. SRC meeting schedule for the following Update. SUMMARY: The Bureau of Land areas: Cape Krusenstern National 10. New Business. Management (BLM) is scheduled to file Monument and Kobuk Valley National 11. Agency and Public Comments. the plats of survey of the lands Park. The purpose of this joint meeting 12. SRC Work Session. described below thirty (30) calendar is to discuss NPS subsistence days from the date of this publication in management issues and continue work 13. Set time and place of next SRC the BLM Wyoming State Office, on subsistence hunting program meeting. Cheyenne, Wyoming. recommendations. This joint meeting is 14. Adjournment. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54680 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Dated: August 30, 2007. 2. The criteria and methodology that public comment period, MCC has Thomas J. Ferranti, the Board of Directors of MCC (the conducted extensive research and Associate Regional Director, Administration, ‘‘Board’’) will use to measure and consultations with experts and relevant Alaska Region. evaluate the relative policy performance stakeholders in the development [FR Doc. E7–18949 Filed 9–25–07; 8:45 am] of the candidate countries consistent community. That input has been taken BILLING CODE 4312–HR–P with the requirements of section 607 of into account in creating the criteria and the Act in order to select ‘‘MCA eligible methodology for the selection of countries’’ from among the ‘‘candidate compact eligible countries for FY08. countries’’ (section 608(b) of the Act); MILLENNIUM CHALLENGE 1. Natural Resource Management and CORPORATION 3. The list of countries determined by Indicators [MCC FR 07–11] the Board to be ‘‘MCA eligible MCC is incorporating two measures— countries’’ for FY08, with justification a Natural Resource Management index Report on the Selection of Eligible for eligibility determination and and a Land Rights and Access index— Countries for Fiscal Year 2008 selection for compact negotiation, into the FY08 selection criteria and including which of the MCA eligible MCC Scorecard. In FY07, MCC AGENCY: Millennium Challenge countries the Board will seek to enter concluded a public search for indicators Corporation. into MCA compacts (section 608(d) of to address MCC’s congressional ACTION: Notice. the Act). mandate of measuring ‘‘a country’s This report sets out the criteria and economic policies that promote SUMMARY: This report to Congress is methodology to be applied in sustainable management of natural provided in accordance with Section determining eligibility for FY08 MCA resources.’’ MCC’s Board of Directors 608(b) of the Millennium Challenge Act assistance. approved these indicators as of 2003, 22 U.S.C.A. 7701, 7707(b) (the supplemental information for the FY07 Changes to the Criteria and ‘‘Act’’). selection process and, for later Methodology for FY08 Dated: September 21 2007. consideration as part of the formal Henry Pitney, MCC reviews all of its indicators selection criteria in FY08. This gradual annually to ensure the best measures are (Acting) Vice President & General Counsel, integration of the Natural Resource Millennium Challenge Corporation. being used and, from time to time, Management and Land Rights and recommends changes or refinements if Access indicators into the formal Report on the Selection of Eligible MCC identifies better indicators or eligibility criteria was designed to Countries for Fiscal Year 2008 improved sources of data. MCC takes provide adequate notice to compact, Summary into account public comments received threshold and candidate countries of the on the previous year’s criteria and new measures and their performance This report to Congress is provided in methodology and consults with a broad before the new indicators were formally accordance with section 608(b) of the range of experts in the development adopted. Over the course of the last Millennium Challenge Act of 2003, 22 community and within the U.S. year, MCC brought the new indicators— U.S.C.A. 7701, 7707(b) (the ‘‘Act’’). Government. In assessing new and any relevant performance issues— The Act authorizes the provision of indicators, MCC favors those that: (1) to the attention of candidate, threshold Millennium Challenge Account (MCA) Are developed by an independent third and compact countries. MCC also assistance to countries that enter into party; (2) utilize objective and high conducted extensive consultation on the Compacts with the United States to quality data that rely upon an appropriate placement of the indicators support policies and programs that analytically rigorous methodology; (3) into the respective policy categories advance the prospects of such countries are publicly available; (4) have broad contained on the MCC Scorecard. A achieving lasting economic growth and country coverage; (5) are comparable brief summary of the indicators follows; poverty reduction. The Act requires the across countries; (6) have a clear a detailed rationale for the adoption of Millennium Challenge Corporation theoretical or empirical link to these indicators can be found in the (MCC) to take a number of steps in economic growth and poverty FY07 Selection Criteria and determining the countries that, based on reduction; (7) are policy linked (i.e., Methodology Report. their demonstrated commitment to just measure factors that governments can and democratic governance, economic influence within a two to three year Natural Resource Management Index freedom and investing in their people horizon); and (8) have broad consistency The Natural Resource Management and the opportunity to reduce poverty in results from year to year. There have Index has four sub-component and generate economic growth in the been numerous noteworthy indicators and is jointly produced by country, will be eligible for MCA improvements to data quality and the Center for International Earth assistance during Fiscal Year 2008 availability as a result of MCC’s Science Information Network (CIESIN) (FY08). These steps include the application of the indicators and the and the Yale Center for Environmental submission of reports to the regular dialogue MCC has established Law and Policy (YCLEP). congressional committees specified in with the indicator institutions. While • Eco-Region Protection: Produced by the Act and the publication of Notices improvements to the selection criteria CIESIN, this component assesses in the Federal Register that identify: are critical, MCC is also mindful of the whether countries are protecting at least 1. The countries that are ‘‘candidate need to provide countries with a fairly 10 percent of all their biomes (e.g., countries’’ for MCA assistance during stable set of policy criteria to meet, if deserts, tropical rainforests, grasslands, FY08 based on their per-capita income MCC is to create significant incentives savannas and tundra). It is designed to levels and their eligibility to receive for reform. This factor is also taken into capture the comprehensiveness of a assistance under U.S. law, and countries account when MCC is considering government’s commitment to habitat that would be candidate countries but indicator changes. preservation and biodiversity for specified legal prohibitions on Considering these factors and the protection. The World Wildlife Fund assistance (section 608(a) of the Act); input on the indicators during the FY07 provides the underlying biome data, and VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54681 the United Nations Environment Corporation (IFC), this component Business Start-Up Index Program World Conservation measures how long it takes to register The Business Start-Up index is made Monitoring Center—in partnership with property in the capital city. The IFC up of two indicators produced by the the IUCN World Commission on records the full amount of time IFC: Protected Areas and the World Database necessary when a business purchases • Days to Start a Business: This on Protected Areas Consortium— land and a building, and to transfer the component measures the number of provides the underlying data on property title from the seller to the calendar days it takes to comply with all protected areas. buyer so that the buyer can use the title procedures that are officially required • Access to Improved Water: for expanding business, as collateral in for an entrepreneur to start up and Produced by the World Health taking new loans, or, if necessary, to sell Organization (WHO) and the United formally operate an industrial or to another business. Nations Children’s Fund (UNICEF), this commercial business. These include component measures the percentage of • Cost of Registering Property: obtaining all necessary licenses and the population with access to at least 20 Produced by the IFC, this component permits and completing any required liters of water per person per day from measures the cost to register property as notifications, verifications or an ‘‘improved’’ source (household a percentage of the value of the property inscriptions for the company and in the capital city. The IFC records all employees with relevant authorities. connections, public standpipes, • boreholes, protected dug wells, of the costs that are incurred when a Cost of Starting a Business: This protected springs and rainwater business purchases land and a building component measures the cost of starting collection) within one kilometer of the to transfer the property title from the a business as a percentage of country’s user’s dwelling. seller to the buyer, so that the buyer can per capita income. The IFC records all • Access to Improved Sanitation: use it for expanding his business, as procedures that are officially required Produced by the WHO and UNICEF, this collateral in taking new loans, or, if for an entrepreneur to start up and formally operate an industrial or component measures the percentage of necessary, to sell it to another business. the population with access to facilities commercial business. These include that hygienically separate human Placement of the Natural Resource obtaining all necessary licenses and excreta from human, animal and insect Management Indicators permits and completing any required contact. Such facilities include sewers notifications, verifications or Reflecting extensive public or septic tanks, poor-flush latrines and inscriptions for the company and simple pit or ventilated improved pit consultations about the placement of employees with relevant authorities. these indicators, MCC will place the latrines, provided that they are not Potential Future Changes public. Natural Resource Management index in • Child Mortality (Ages 1–4): the Investing in People category and the In addition to the changes identified Produced by the Population Division of Land Rights and Access index in the in this Report, MCC will explore the United Nations Department of Economic Freedom category. Investing potential changes to the indicators for Economic and Social Affairs, this in People means, among other things, future years. MCC will continue to indicator measures the probability of a investing in the assets required for a explore potential measures of child dying between the ages of 1 and sustainable livelihood. The Natural educational quality for inclusion in the 4. Since the underlying causes of child Resource Management index measures Investing in People category in future mortality among 1–4 year olds are whether governments are investing their fiscal years. predominantly environmental, this resources in ways that will enable poor In FY07, MCC pursued an intensive indicator is considered to be an people, particularly poor women and research and consultation agenda to excellent proxy for environmental children, to live healthy and productive explore the possibility of adding a new conditions. lives. Land is also a crucial asset and a education indicator to the Investing in social safety net that poor people rely on People category. However, MCC was Land Rights and Access Index to improve their well-being; however, unable to identify an indicator that The Land Rights and Access Index the Land Rights and Access index also would significantly strengthen the includes three indicators: clearly captures a government’s selection criteria in FY08. Over the last • Access to Land: Produced by the commitment to secure property rights fifteen years, much attention has been International Fund for Agricultural and sound economic policy, which will focused on enrolling and keeping more Development (IFAD), this indicator strengthen the Economic Freedom children in school, but not necessarily assesses the extent to which the category. on enhancing the quality of education. institutional, legal and market With the support of the World Bank, framework provides secure land tenure 2. Combining the Time and Cost of USAID, UNESCO and others, efforts are and equitable access to land in rural Starting a Business Into a Single Index currently underway to develop cross- areas. It is made up of five country measures of the quality of subcomponents: (1) The extent to which MCC will combine two existing education and learning outcomes. the law guarantees secure tenure for International Finance Corporation (IFC) However, these efforts are still in a land rights of the poor; (2) the extent to indicators—Days to Start a Business and nascent stage and there are currently no which the law guarantees secure land Costs to Start a Business—with equal education quality indicators that are rights for women and other vulnerable weight into one index called Business viable for MCC purposes at this time. groups; (3) the extent to which land is Start-Up. The creation of a single MCC will continue to monitor and titled and registered; (4) the functioning Business Start-Up index, in conjunction support these efforts, with an eye of land markets; and (5) the extent to with the addition of the Land Rights and towards adopting a measure of which government policies contribute to Access index to the Economic Freedom education quality in a future fiscal year. the sustainable management of common category, will strengthen the Economic Criteria and Methodology property resources. Freedom category and enhance MCC’s • Days to Register Property: Produced ability to better measure countries’ The Board will select eligible by the International Finance overall economic policies. countries based on the following, among VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54682 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices other factors: (1) Their overall FY08, there will be two groups of candidate countries are those that have performance in relation to their peers in candidate countries—low-income a per capita income between $1,736 and three broad policy categories—Ruling countries and lower middle-income $3,595 and are not ineligible to receive Justly, Encouraging Economic Freedom countries. Low-income candidate United States economic assistance. and Investing in People; (2) the countries refer to those countries that The Board will make use of seventeen opportunity to reduce poverty and have a per capita income equal to or less indicators to assess policy performance generate economic growth. Section 607 than $1,735 and are not ineligible to of individual countries (specific of the Act requires that the Board’s receive United States economic definitions of the indicators and their determination of eligibility be based ‘‘to assistance under part I of the Foreign sources are set out in Annex A). These the maximum extent possible, upon Assistance Act of 1961 by reason of the indicators are grouped for purposes of objective and quantifiable indicators of application of any provision of the the FY08 assessment methodology a country’s demonstrated commitment’’ Foreign Assistance Act or any other under the three policy categories listed to the criteria set out in the Act. For provision of law. Lower middle-income below. Ruling justly Encouraging economic freedom Investing in people Civil Liberties ...... Inflation ...... Public Expenditure on Health. Political Rights ...... Fiscal Policy ...... Public Expenditure on Primary Education. Voice and Accountability ...... Business Start-Up ...... Immunization Rates (DPT3 and Measles). Government Effectiveness ...... Trade Policy ...... Girls’ Primary Education Completion. Rule of Law ...... Regulatory Quality ...... Natural Resoure Management. Control of Corruption ...... Land Rights and Access. In making its determination of information to assess policy country partners are taking action to eligibility with respect to a particular performance. The Board may also reverse significant declines in candidate country, the Board will consider whether any adjustments performance. consider whether a country performs should be made for data gaps, lags, As provided in the Act, following the above the median in relation to its peers trends or other weaknesses in particular determination of eligible countries, the on at least half of the indicators in the indicators. For example, the State Chief Executive Officer’s report to Ruling Justly and Economic Freedom Department Human Rights report Congress will set out the list of eligible categories, above the median on at least contains qualitative information to make countries, identify which of those three of the five indicators in the an assessment on a variety of criteria countries the MCC will seek to enter Investing in People category, and above outlined by Congress, such as the rights into Compact negotiations, and include the median on the Control of Corruption of people with disabilities, the treatment a justification for such eligibility indicator. One exception to this of women and children, worker rights determinations and selections for methodology is that the median is not and human rights. Similarly, as Compact negotiation. used for the Inflation indicator. Instead, additional information in the area of to pass the Inflation indicator a corruption, the Board may consider how Relationship to Legislative Criteria country’s inflation rate needs to be a country scores on Transparency Within each policy category, the Act under a fixed ceiling of 15 percent. The International’s Corruption Perceptions sets out a number of specific selection Board will also take into consideration Index and the Global Integrity Index, as criteria. As indicated above, a set of whether a country performs well as on the defined indicator. objective and quantifiable policy substantially below the median on any Compact eligible partners are indicators is being used to establish indicator (i.e. in the bottom 25th accountable for maintaining and eligibility for MCA assistance and percentile) and has not taken improving policy performance. MCC measure the relative performance by appropriate measures to address this recognizes and expects that partner candidate countries against these shortcoming. The indicator countries may not meet the formal criteria. The Board’s approach to methodology will be the predominant eligibility criteria from time to time due determining eligibility ensures that basis for determining which countries to a number of common factors, such as performance against each of these will be eligible for MCA assistance. In changes in the peer-group median; criteria is assessed by at least one of the addition, the Board may exercise graduation into a new income category seventeen objective indicators. Most are discretion in evaluating performance on (e.g., from low income to lower middle addressed by multiple indicators. The the indicators and determining a final income); numerical declines that are specific indicators used to measure each list of eligible countries. within the margin of error; slight of the criteria set out in the Act are Where necessary, the Board may also declines in policy performance; listed below. take into account other quantitative and revisions or corrections of data; the Section 607(b)(1:) Just and democratic qualitative information (‘‘supplemental introduction of new sub-data sources; or governance, including a demonstrated information’’) to determine whether a changes in the indicators used to commitment to: country performed satisfactorily in measure performance. MCC may (A) Promote political pluralism, relation to its peers in a given category. suspend or terminate eligibility for a equality and the rule of law; There are elements of the criteria set out substantial decline in performance Indicators—Political Rights, Civil in the Act for which there is either which is characterized by a pattern of Liberties, Voice and Accountability and limited quantitative information (e.g., events, or a single egregious event, that Rule of Law. rights of people with disabilities) or no signal a significant policy reversal (B) Respect human and civil rights, well-developed performance indicator. inconsistent with MCC’s selection including the rights of people with Until such data and/or indicators are criteria. When making a decision to disabilities; developed, the Board may rely on suspend or terminate eligibility, MCC Indicators—Political Rights and Civil additional data and qualitative will also consider the extent to which Liberties. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54683 (C) Protect private property rights; reduction of poverty; and thus provide Encouraging Economic Freedom Indicators—Civil Liberties, Regulatory a sound environment for the use of 1. Inflation: The most recent 12- Quality, Rule of Law and and Land MCA funds. The indicators are not goals month change in consumer prices as Rights and Access. in themselves; rather they measure reported in the IMF’s International (D) Encourage transparency and policies that are necessary conditions Financial Statistics or in another public accountability of government; and for a country to achieve broad-based forum by the relevant national monetary Indicators—Political Rights, Civil sustainable economic growth. The authorities. Source: The International Liberties, Voice and Accountability, indicators were selected based on their Monetary Fund’s World Economic Control of Corruption, and Government relationship to economic growth and Outlook (WEO) database. Effectiveness. poverty reduction, the number of 2. Fiscal Policy: The overall budget (E) Combat corruption; countries they cover, their transparency deficit divided by GDP, averaged over a Indicators—Civil Liberties, Rule of and availability and their relative three-year period. The data for this Law, and Control of Corruption. soundness and objectivity. Where measure is provided directly by the Section 607(b)(2): Economic freedom, possible, the indicators are developed recipient government and cross-checked including a demonstrated commitment by independent sources. to economic policies that: with other sources and made publicly (A) Encourage citizens and firms to Ruling Justly available to try to ensure consistency participate in global trade and 1. Civil Liberties: A panel of across countries. Source: National international capital markets; independent experts rates countries on: Governments and the International Indicators—Fiscal Policy, Inflation, freedom of expression; association and Monetary Fund’s World Economic Trade Policy, Business Start-Up, and organizational rights; rule of law and Outlook (WEO) database. Regulatory Quality. human rights; and personal autonomy 3. Business Start-Up: An index that (B) Promote private sector growth and and economic rights. Source: Freedom rates countries on: The time and cost of the sustainable management of natural House. complying with all procedures officially resources; 2. Political Rights: A panel of required for an entrepreneur to start up Indicators—Inflation, Business Start- independent experts rates countries on: and formally operate an industrial or Up, Fiscal Policy, Land Rights and the prevalence of free and fair elections commercial business. Source: Access, Natural Resource Management, of officials with real power; the ability International Finance Corporation. and Regulatory Quality. of citizens to form political parties that 4. Trade Policy: A measure of a (C) Strengthen market forces in the may compete fairly in elections; country’s openness to international economy; and freedom from domination by the trade based on weighted average tariff Indicators—Fiscal Policy, Inflation, military, foreign powers, totalitarian rates and non-tariff barriers to trade. Trade Policy, Business Start-Up, and parties, religious hierarchies and Source: The Heritage Foundation’s Regulatory Quality. economic oligarchies; and the political Index of Economic Freedom. (D) Respect worker rights, including rights of minority groups. Source: 5. Regulatory Quality: An index of the right to form labor unions; Freedom House. surveys that rates each country on: The Indicators—Civil Liberties and Voice 3. Voice and Accountability: An index burden of regulations on business; price and Accountability. of surveys that rates countries on: controls; the government’s role in the Section 607(b)(3): Investments in the Ability of institutions to protect civil economy; foreign investment regulation; people of such country, particularly liberties; the extent to which citizens of and many other areas. Source: World women and children, including a country are able to participate in the Bank Institute. programs that (A) Promote broad-based selection of governments; and the 6. Land Rights and Access: An index primary education and (B) strengthen independence of the media. Source: that rates countries on: The extent to and build capacity to provide quality World Bank Institute. which the institutional, legal, and public health and reduce child 4. Government Effectiveness: An market framework provide secure land mortality. index of surveys that rates each country tenure and equitable access to land in Indicators—Girls’ Primary Education on: the quality of public service rural areas and the time and cost of Completion, Public Expenditure on provision; civil services’ competency property registration in urban and peri- Primary Education, Immunization Rates, and independence from political urban areas. Source: The International Public Expenditure on Health, and pressures; and the government’s ability Fund for Agricultural Development Natural Resources Management. to plan and implement sound policies. (IFAD) and the International Finance Where necessary, the Board will also Source: World Bank Institute. Corporation. draw on supplemental data and 5. Rule of Law: An index of surveys Investing in People qualitative information, including the that rates countries on: The extent to State Department’s Human Rights which the public has confidence in and 1. Public Expenditure on Health: Report, Transparency International’s abides by rules of society; incidence of Total expenditures by government at all Corruption Perceptions Index, and the violent and nonviolent crime; levels on health divided by GDP. Global Integrity Index. effectiveness and predictability of the Source: The World Health Organization judiciary; and the enforceability of (WHO). Annex A: Indicator Definitions contracts. Source: World Bank Institute. 2. Immunization Rates: The average of The following 17 indicators will be 6. Control of Corruption: An index of DPT3 and measles immunization rates used to measure candidate countries’ surveys that rates countries on: The for the most recent year available. demonstrated commitment to the frequency of ‘‘additional payments to Source: The World Health Organization criteria found in section 607(b) of the get things done;’’ the effects of (WHO). Act. The indicators are intended to corruption on the business 3. Total Public Expenditure on assess the degree to which the political environment; ‘‘grand corruption’’ in the Primary Education: Total expenditures and economic conditions in a country political arena; and the tendency of by government at all levels of primary serve to promote broad-based elites to engage in ‘‘state capture.’’ education divided by GDP. Source: The sustainable economic growth and Source: World Bank Institute. United Nations Educational, Scientific VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54684 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices and Cultural Organization (UNESCO) United Nations Educational, Scientific cohort. Source: The Center for and National Governments. and Cultural Organization (UNESCO). International Earth Science Information 4. Girls’ Primary Completion Rate: 5. Natural Resource Management: An Network (CIESIN) and the Yale Center The number of female students index made up of four indicators: eco- for Environmental Law and Policy completing primary education divided region protection, access to improved (YCLEP). by the population in the relevant age water, access to improved sanitation, BILING CODE 9211–03–P cohort. Source: World Bank and the and child mortality within the 1–4 age VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54685 Appendix B Sample Country Scorecard VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4725 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES EN26SE07.000 54686 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices [FR Doc. 07–4752 Filed 9–25–07; 8:45 am] Langley Research Center, Mail Code NATIONAL AERONAUTICS AND BILLING CODE 9211–03–C 141, Hampton, VA 23681–2199; SPACE ADMINISTRATION telephone (757) 864–3221; fax (757) [Notice 07–074] 864–9190. FEDERAL MINE SAFETY AND HEALTH NASA Case No. LAR–17315–1: Government-Owned Inventions, REVIEW COMMISSION Thermally Driven Piston Assembly and Available for Licensing Position Control Therefor; Sunshine Act Meeting AGENCY: National Aeronautics and NASA Case No. LAR–17290–1: Multi- Space Administration. September 18, 2007. Modal Cockpit Interface for Improved ACTION: Notice of availability of TIME AND DATE: 10:30 a.m., Thursday, Airport Surface Operations; inventions for licensing. September 27, 2007. NASA Case No. LAR–17323–1: SUMMARY: The invention listed below is PLACE: Method and Apparatus for Measuring The Richard V. Backley Hearing assigned to the National Aeronautics Room, 9th Floor, 601 New Jersey Surface Air Pressure; and Space Administration, is the subject Avenue, NW., Washington, DC. NASA Case No. LAR–17332–1: Jet of a patent application that has been STATUS: Open. Engine Exhaust Nozzle Flow Effector; filed in the United States Patent and MATTERS TO BE CONSIDERED: The NASA Case No. LAR–16386–2: Carbon Trademark office, and is available for commission will consider and act upon Nanotube Reinforced Porous Carbon licensing. the following in open session: Secretary Having Three-Dimensionally Ordered DATES: September 26, 2007. of Labor v. Austin Powder Company, Porosity and Method of Fabricating FOR FURTHER INFORMATION CONTACT: Docket Nos. CENT 2006–128–M and Same. Mark W. Homer, Patent Counsel, NASA CENT 2006–159–M. (Issues include Management Office—JPL, 4800 Oak whether the Administrative Law Judge Dated: September 19, 2007. Grove Drive, Mail Stop 180–200, erred in finding that the company Keith T. Sefton, Pasadena, CA 91109; telephone (818) committed a violation when it stored Deputy General Counsel, Administration and 354–7770. detonators in a magazine that did not Management. NASA Case No. NPO–43361–1: High- comply with the construction criteria in [FR Doc. E7–18882 Filed 9–25–07; 8:45 am] Resolution, Continuous Field-of-View, 30 CFR 56.6132.). BILLING CODE 7510–13–P Non-Rotating Imaging System; Any person attending this meeting NASA Case No. NPO–42131–1: who requires special accessibility Portable Rapid and Quiet Drill features and/or auxiliary aids, such as NATIONAL AERONAUTICS AND (PRAWD); sign language interpreters, must inform SPACE ADMINISTRATION NASA Case No. NPO–42672–1: Robot the Commission in advance of those and Robot System; needs. Subject to 29 CFR 2706.150(a)(3) [Notice 07–075] NASA Case No. NPO–42261–1: and 2706.160(d). Fabrication of Copper Nanotubes by CONTACT PERSON FOR MORE INFO: Jean Government-Owned Inventions, Electrochemical Deposition, and Copper Ellen, (202) 434–9950/(202) 708–9300 Available for Licensing Nanotubes Made Therefrom; for TDD Relay/1–800–877–8339 for toll NASA Case No. NPO–43213–1: free. AGENCY: National Aeronautics and Microfluidic Device, and Related Methods. Jean H. Ellen, Space Administration. Chief Docket Clerk. ACTION: Notice of availability of Dated: September 19, 2007. [FR Doc. 07–4761 Filed 9–24–07; 1:00 pm] inventions for licensing. Keith T. Sefton, BILLING CODE 6735–01–M Deputy General Counsel, Administration and Management. SUMMARY: The inventions listed below assigned to the National Aeronautics [FR Doc. E7–18922 Filed 9–25–07; 8:45 am] NATIONAL AERONAUTICS AND and Space Administration, have been BILLING CODE 7510–13–P SPACE ADMINISTRATION filed in the United States Patent and Trademark Office, and are available for [Notice 07–069] NATIONAL AERONAUTICS AND licensing. SPACE ADMINISTRATION Government-Owned Inventions, DATES : September 26, 2007. [Notice 07-073] Available for Licensing FOR FURTHER INFORMATION CONTACT: AGENCY: National Aeronautics and Edward K. Fein, Patent Counsel, Government-Owned Inventions, Space Administration. Johnson Space Center, Mail Code AL, Available for Licensing ACTION: Notice of availability of Houston, TX 77058–8452; telephone AGENCY: National Aeronautics and inventions for licensing. (281) 483–4871; fax (281) 483–6936. Space Administration. NASA Case No. MSC–24164–1: ACTION: Notice of availability of SUMMARY: The inventions listed below Engineering Human Broncho-Epithelial inventions for licensing. assigned to the National Aeronautics Tissue-Like Assemblies. and Space Administration, have been SUMMARY: The invention listed below filed in the United States Patent and Dated: September 19, 2007. assigned to the National Aeronautics Trademark office, and are available for Keith T. Sefton, and Space Administration, has been licensing. Deputy General Counsel, Administration and filed in the United States Patent and DATES: September 26, 2007. Management. Trademark Office, and is available for FOR FURTHER INFORMATION CONTACT: [FR Doc. E7–18921 Filed 9–25–07; 8:45 am] licensing. Linda B. Blackburn, Patent Counsel, BILLING CODE 7510–13–P DATES: September 26, 2007. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54687 FOR FURTHER INFORMATION CONTACT: Dated: September 19, 2007. DATES: September 26, 2007. Randy Heald, Patent Counsel, Kennedy Keith T. Sefton, FOR FURTHER INFORMATION CONTACT: Space Center, Mail Code CC–A, Deputy General Counsel, Administration and Robert M. Padilla, Patent Counsel, Ames Kennedy Space Center, FL 32899; Management. Research Center, Code 202A–4, Moffett telephone (321) 867–7214; fax (321) [FR Doc. E7–18924 Filed 9–25–07; 8:45 am] Field, CA 94035–1000; telephone (650) 867–1817. BILLING CODE 7510–13–P 604–5104; fax (650) 604–2767. NASA Case No. KSC–12848: Foam/ NASA Case No. ARC–15404–1: Aerogel Composite Materials for Increased Alignment in Carbon Thermal and Acoustic Insulation and NATIONAL AERONAUTICS AND Nanotube Growth. SPACE ADMINISTRATION Cryogen Storage; Dated: September 19, 2007. NASA Case No. KSC–12890: Aerogel/ [Notice 07–071] Keith T. Sefton, Polymer Composite Materials; Government-Owned Inventions, Deputy General Counsel, Administration and Management. NASA Case No. KSC–12978: Available for Licensing Mechanical Alloying of a Hydrogenation [FR Doc. E7–18928 Filed 9–25–07; 8:45 am] Catalyst Used for the Remediation of AGENCY: National Aeronautics and BILLING CODE 7510–13–P Contaminated Compounds. Space Administration. NASA Case No. KSC–13100: Ice ACTION: Notice of Availability of Adhesion Mitigation. Inventions for Licensing. NATIONAL CREDIT UNION ADMINISTRATION Dated: September 19, 2007. SUMMARY: The invention listed below Keith T. Sefton, assigned to the National Aeronautics Agency Information Collection Deputy General Counsel, Administration and and Space Administration, has been Activities: Submission to OMB for Management. filed in the United States Patent and Review; Comment Request [FR Doc. E7–18923 Filed 9–25–07; 8:45 am] Trademark Office, and are available for BILLING CODE 7510–13–P licensing. AGENCY: National Credit Union DATES: September 26, 2007. Administration (NCUA). FOR FURTHER INFORMATION CONTACT: ACTION: Request for comment. NATIONAL AERONAUTICS AND Kaprice L. Harris, Attorney Advisor, SPACE ADMINISTRATION Glenn Research Center at Lewis Field, SUMMARY: The NCUA intends to submit Code 500–118, Cleveland, OH 44135; the following information collection to [Notice 07–072] telephone (216) 433–5754; fax (216) the Office of Management and Budget 433–6790. (OMB) for review and clearance under Government-Owned Inventions, NASA Case No. LEW–17269–2: the Paperwork Reduction Act of 1995 Available for Licensing Reverse-Bias Protected Solar Array With (Pub. L. 104–13, 44 U.S.C. Chapter 35). Integrated ByPass Battery; This information collection is published AGENCY: National Aeronautics and NASA Case No. LEW–17916–1: to obtain comments from the public. Space Administration. Carbon Dioxide Gas Sensors and DATES: Comments will be accepted until ACTION: Notice of availability of Method of Manufacturing and Using October 29, 2007. inventions for licensing. Same; ADDRESSES: Interested parties are NASA Case No. LEW–18207–1: Circuit invited to submit written comments to SUMMARY: The inventions listed below for Communication Over DC Power Line NCUA Clearance Officer listed below: assigned to the National Aeronautics Using High Temperature Electronics. Clearance Officer: Mr. Neil and Space Administration, have been Dated: September 19, 2007. McNamara, National Credit Union filed in the United States Patent and Keith T. Sefton, Administration, 1775 Duke Street, Trademark office, and are available for Deputy General Counsel, Administration and Alexandria, Virginia 22314–3428, Fax licensing. Management. No. 703–837–2861, E-mail: DATES: September 26, 2007. [FR Doc. E7–18926 Filed 9–25–07; 8:45 am] [email protected]. BILLING CODE 7510–13–P FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Bryan A. Geurts, Patent Counsel, Requests for additional information or a Goddard Space Flight Center, Mail Code copy of the information collection NATIONAL AERONAUTICS AND request should be directed to Tracy 140.1, Greenbelt, MD 20771–0001; SPACE ADMINISTRATION telephone (301) 286–7351; fax (301) Sumpter at the National Credit Union 286–9502. [Notice 07–070] Administration, 1775 Duke Street, Alexandria, VA 22314–3428, or at (703) NASA Case No. GSC–14683–1: Government-Owned Inventions, 518–6444. Method of Bonding Dissimilar Available for Licensing Materials; SUPPLEMENTARY INFORMATION: Proposal for the following collection of NASA Case No. GSC–15055–1: AGENCY: National Aeronautics and Space Administration. information: Polarization-Preserving Waveguide Title: Management Official Interlocks. Filter and Transformer; ACTION: Notice of availability of inventions for licensing. OMB Number: 3133–0152. NASA Case No. GSC 15060–1: Strain- Form Number: None. Based Carbon Nanotube Magnetometer; SUMMARY: The inventions listed below Type of Review: Extension of a NASA Case No. GSC–15199–1: assigned to the National Aeronautics currently approved collection. Systems, Methods and Apparatus for D- and Space Administration, have been Description: Part 711 of NCUA’s Rules Dimensional Formulation and filed in the United States Patent and and Regulations directs federally Implementation of Recursive Trademark Office, and are available for insured credit unions that want to share Hierarchical Segmentation. licensing. a management official with another VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54688 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices financial institution to either apply for Form Number: None. SUPPLEMENTARY INFORMATION: Proposal approval from the NCUA Board or Type of Review: Extension of a for the following collection of maintain records to show the eligibility currently approved collection. information: for a small market share exemption. Description: Part 714 of NCUA’s Rules Title: Credit Committee Records. Respondents: All federally insured and Regulations directs federal credit OMB Number: 3133–0058. credit unions. unions to evaluate whether a guarantor Form Number: N/A. Estimated No. of Respondents/ of a residual value has the financial Type of Review: Extension of a Recordkeepers: 1. resources to meet the guarantee. currently approved collection. Estimated Burden Hours per Respondents: All federal credit Description: The standard FCU Response: 3 hours. unions. Bylaws require an FCU to maintain Frequency of Response: Estimated No. of Respondents/ records of its loan approvals and Recordkeeping. Upon application. Recordkeepers: 380. denials. Estimated Total Annual Burden Estimated Burden Hours per Respondents: All Federal Credit Hours: 3. Response: 2 hours. Unions. Estimated Total Annual Cost: $0. Frequency of Response: Estimated No. of Respondents/ By the National Credit Union Recordkeeping. Recordkeepers: 5,732. Administration Board on September 20, Estimated Total Annual Burden Estimated Burden Hours per 2007. Hours: 760. Response: 8 hours. Mary Rupp, Estimated Total Annual Cost: Frequency of Response: Secretary of the Board. $13,300. Recordkeeping. Other, twice a month. [FR Doc. E7–18970 Filed 9–25–07; 8:45 am] By the National Credit Union Estimated Total Annual Burden Hours: 45,856 hours. BILLING CODE 7535–01–P Administration Board on September 20, 2007. Estimated Total Annual Cost: Mary Rupp, $770,839.36. NATIONAL CREDIT UNION Secretary of the Board. By the National Credit Union ADMINISTRATION [FR Doc. E7–18978 Filed 9–25–07; 8:45 am] Administration Board on September 20, 2007. BILLING CODE 7535–01–P Agency Information Collection Mary Rupp, Activities: Submission to OMB for Secretary of the Board. Review; Comment Request NATIONAL CREDIT UNION [FR Doc. E7–18979 Filed 9–25–07; 8:45 am] AGENCY: National Credit Union ADMINISTRATION BILLING CODE 7535–01–P Administration (NCUA). Agency Information Collection ACTION: Request for comment. Activities: Submission to OMB for NATIONAL CREDIT UNION Review; Comment Request SUMMARY: The NCUA intends to submit ADMINISTRATION the following information collection to AGENCY: National Credit Union Agency Information Collection the Office of Management and Budget Administration (NCUA). Activities: Submission to OMB for (OMB) for review and clearance under ACTION: Request for comment. Extension of a Currently Approved the Paperwork Reduction Act of 1995 Collection; Comment Request (Pub. L. 104–13, 44 U.S.C. Chapter 35). SUMMARY: The NCUA intends to submit This information collection is published the following information collection to AGENCY: National Credit Union to obtain comments from the public. the Office of Management and Budget Administration (NCUA). DATES: Comments will be accepted until (OMB) for review and clearance under ACTION: Request for comment. October 29, 2007. the Paperwork Reduction Act of 1995 ADDRESSES: Interested parties are (Pub. L. 104–13, 44 U.S.C. Chapter 35). SUMMARY: The NCUA intends to submit invited to submit written comments to This information collection is published the following information collection to NCUA Clearance Officer listed below: to obtain comments from the public. the Office of Management and Budget Clearance Officer: Neil McNamara, DATES: Comments will be accepted until (OMB) for review and clearance under National Credit Union Administration, October 29, 2007. the Paperwork Reduction Act of 1995 1775 Duke Street, Alexandria, Virginia ADDRESSES: Interested parties are (Pub. L. 104–13, 44 U.S.C. Chapter 35). 22314–3428, Fax No. 703–837–2861, invited to submit written comments to This information collection is published E-mail: [email protected]. the NCUA Clearance Officer listed to obtain comments from the public. FOR FURTHER INFORMATION CONTACT: below: DATES: Comments will be accepted until Requests for additional information or a Clearance Officer: Mr. Neil October 29, 2007. copy of the information collection McNamara, National Credit Union ADDRESSES: Interested parties are request should be directed to Tracy Administration, 1775 Duke Street, invited to submit written comments to Sumpter at the National Credit Union Alexandria, Virginia 22314–3428, Fax the NCUA Clearance Officer listed Administration, 1775 Duke Street, No. 703–837–2861, E-mail: below: Alexandria, VA 22314–3428, or at (703) [email protected]. Clearance Officer: Mr. Neil 518–6444. FOR FURTHER INFORMATION CONTACT: McNamara, National Credit Union SUPPLEMENTARY INFORMATION: Proposal Requests for additional information or a Administration, 1775 Duke Street, for the following collection of copy of the information collection Alexandria, Virginia 22314–3428, Fax information: request, should be directed to Tracy No. 703–837–2861, E-mail: Title: Leasing—Statistical Sumpter at the National Credit Union [email protected]. Documentation Required for a Administration, 1775 Duke Street, FOR FURTHER INFORMATION CONTACT: Guarantor of a Residual Value. Alexandria, VA 22314–3428, or at (703) Requests for additional information or a OMB Number: 3133–0151. 518–6444. copy of the information collection VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54689 request, should be directed to Tracy Clearance Officer: Mr. Neil the Office of Management and Budget Sumpter at the National Credit Union McNamara, National Credit Union (OMB) for review and clearance under Administration, 1775 Duke Street, Administration, 1775 Duke Street, the Paperwork Reduction Act of 1995 Alexandria, VA 22314–3428, or at (703) Alexandria, Virginia 22314–3428, Fax (Pub. L. 104–13, 44 U.S.C. Chapter 35). 518–6444. No. 703–837–2861. E-mail: This information collection is published SUPPLEMENTARY INFORMATION: Proposal [email protected]. to obtain comments from the public. for the following collection of FOR FURTHER INFORMATION CONTACT: DATES: Comments will be accepted until information: Requests for additional information or a October 29, 2007. Title: Federal Credit Union (FCU) copy of the information collection Membership Applications and Denials. request, should be directed to Tracy ADDRESSES: Interested parties are OMB Number: 3133–0052. Sumpter at the National Credit Union invited to submit written comments to Form Number: N/A. Administration, 1775 Duke Street, NCUA Clearance Officer listed below: Type of Review: Extension of a Alexandria, VA 22314–3428, or at (703) Clearance Officer: Mr. Neil currently approved collection. 518–6444. McNamara, National Credit Union Description: Article II, section 2 of the SUPPLEMENTARY INFORMATION: Proposal Administration, 1775 Duke Street, FCU Bylaws requires persons applying for the following collection of Alexandria, Virginia 22314–3428, Fax for membership in an FCU to complete information: No. 703–837–2861. E-mail: an application. The Federal Credit Title: Designation of Low Income [email protected]. Union Act directs the FCU to provide Status. the applicant with written reasons when FOR FURTHER INFORMATION CONTACT: OMB Number: 3133–0117. Requests for additional information or a the FCU denies a membership Form Number: None. copy of the information collection application. Type of Review: Extension of a request, should be directed to Tracy Respondents: All Federal Credit currently approved collection. Sumpter at the National Credit Union Unions. Description: Under section 107(6) of Administration, 1775 Duke Street, Estimated No. of Respondents/ the Federal Credit Union Act, 12 U.S.C. Alexandria, VA 22314–3428, or at (703) Recordkeepers: 1,433. Part 1757(6), and section 701.34 of 518–6444. Estimated Burden Hours per NCUA Regulations, 12 CFR 701.34, Response: 1 hour. credit unions that serve predominantly SUPPLEMENTARY INFORMATION: Proposal Frequency of Response: low-income members can accept for the following collection of Recordkeeping, Reporting and On nonmember share accounts from any information: occasion. source if the credit union obtains a low Estimated Total Annual Burden Title: Payment on Shares by Public income designation from NCUA. Units and Nonmembers. Hours: 1,433. Respondents: Certain credit unions Estimated Total Annual Cost: N/A. that serve predominantly low income OMB Number: 3133–0114. By the National Credit Union members. Form Number: N/A. Administration Board on September 20, Estimated No. of Respondents/ Type of Review: Extension of a 2007. Recordkeepers: 15. currently approved collection. Mary Rupp, Estimated Burden Hours per Description: 5 CFR 701.32 limits Secretary of the Board. Response: 15 hours. nonmember and public unit deposits in [FR Doc. E7–18981 Filed 9–25–07; 8:45 am] Frequency of Response: federally insured credit unions to 20 BILLING CODE 7535–01–P Recordkeeping and other, once. percent of their shares or $1.5 million, Estimated Total Annual Burden whichever is greater. The collection of Hours: 225 hours. information requirement is for those NATIONAL CREDIT UNION Estimated Total Annual Cost: credit unions seeking an exemption ADMINISTRATION $3,600.00. from the above limit. Agency Information Collection By the National Credit Union Respondents: Credit Unions seeking Administration Board on September 20, Activities: Submission to OMB for 2007. an exemption from the limits on share Extension of a Currently Approved deposits by public unit and nonmember Mary Rupp, Collection; Comment Request accounts set by 5 CFR 701.32. Secretary of the Board. AGENCY: National Credit Union [FR Doc. E7–18993 Filed 9–25–07; 8:45 am] Estimated No. of Respondents/ Recordkeepers: 20. Administration (NCUA). BILLING CODE 7535–01–P ACTION: Request for comment. Estimated Burden Hours per Response: 2 hours. SUMMARY: The NCUA intends to submit NATIONAL CREDIT UNION Frequency of Response: Other. As the following information collection to ADMINISTRATION exemption is requested. the Office of Management and Budget (OMB) for review and clearance under Agency Information Collection Estimated Total Annual Burden the Paperwork Reduction Act of 1995 Activities: Submission to OMB for Hours: 40. (Pub. L. 104–13, 44 U.S.C. Chapter 35). Extension of a Currently Approved Estimated Total Annual Cost: N/A. This information collection is published Collection; Comment Request By the National Credit Union to obtain comments from the public. AGENCY: National Credit Union Administration Board on September 20, DATES: Comments will be accepted until Administration (NCUA). 2007. October 29, 2007. Mary Rupp, ACTION: Request for comment. ADDRESSES: Interested parties are Secretary of the Board. invited to submit written comments to SUMMARY: The NCUA intends to submit [FR Doc. E7–18995 Filed 9–25–07; 8:45 am] the NCUA Clearance Officer: the following information collection to BILLING CODE 7535–01–P VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54690 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices NATIONAL CREDIT UNION By the National Credit Union By the National Credit Union ADMINISTRATION Administration Board on September 20, Administration Board on September 20, 2007. 2007. Agency Information Collection Mary Rupp, Mary Rupp, Activities: Submission to OMB for Secretary of the Board. Secretary of the Board. Extension of a Currently Approved [FR Doc. E7–18996 Filed 9–25–07; 8:45 am] [FR Doc. E7–18998 Filed 9–25–07; 8:45 am] Collection; Comment Request BILLING CODE 7535–01–P BILLING CODE 7535–01–P AGENCY: National Credit Union Administration (NCUA). NATIONAL CREDIT UNION NATIONAL CREDIT UNION ACTION: Request for Comment. ADMINISTRATION ADMINISTRATION SUMMARY: The NCUA intends to submit Agency Information Collection Agency Information Collection the following information collection to Activities: Submission to OMB for Activities: Submission to OMB for the Office of Management and Budget Review; Comment Request Extension of a Currently Approved (OMB) for review and clearance under Collection; Comment Request AGENCY: National Credit Union the Paperwork Reduction Act of 1995 Administration (NCUA). AGENCY: National Credit Union (Pub. L. 104–13, 44 U.S.C. Chapter 35). Administration (NCUA). This information collection is published ACTION: Request for comment. ACTION: Request for comment. to obtain comments from the public. SUMMARY: The NCUA intends to submit DATES: Comments will be accepted until the following information collection to SUMMARY: The NCUA intends to submit October 29, 2007. the Office of Management and Budget the following information collection to ADDRESSES: Interested parties are (OMB) for review and clearance under the Office of Management and Budget invited to submit written comments to the Paperwork Reduction Act of 1995 (OMB) for review and clearance under NCUA Clearance Officer listed below: (Pub. L. 104–13, 44 U.S.C. Chapter 35). the Paperwork Reduction Act of 1995 This information collection is published (Pub. L. 104–13, 44 U.S.C. Chapter 35). Clearance Officer: Mr. Neil to obtain comments from the public. This information collection is published McNamara, National Credit Union to obtain comments from the public. Administration, 1775 Duke Street, DATES: Comments will be accepted until Alexandria, Virginia 22314–3428, Fax October 29, 2007. DATES: Comments will be accepted until No. 703–837–2861. E-mail: ADDRESSES: Interested parties are October 29, 2007. [email protected]. invited to submit written comments to ADDRESSES: Interested parties are NCUA Clearance Officer listed below: invited to submit written comments to FOR FURTHER INFORMATION CONTACT: Clearance Officer: Mr. Neil NCUA Clearance Officer listed below: Requests for additional information or a McNamara, National Credit Union Clearance Officer: Mr. Neil copy of the information collection Administration, 1775 Duke Street, McNamara, National Credit Union request should be directed to Tracy Alexandria, Virginia 22314–3428, Fax Administration, 1775 Duke Street, Sumpter at the National Credit Union No. 703–837–2861. E-mail: Alexandria, Virginia 22314–3428, Fax Administration, 1775 Duke Street, [email protected]. No. 703–837–2861. E-mail: Alexandria, VA 22314–3428, or at (703) [email protected]. 518–6444. FOR FURTHER INFORMATION CONTACT: Requests for additional information or a FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Proposal copy of the information collection Requests for additional information or a for the following collection of request should be directed to Tracy copy of the information collection information: Sumpter at the National Credit Union request should be directed to Tracy OMB Number: 3133–0137. Administration, 1775 Duke Street, Sumpter at the National Credit Union Form Number: N/A. Alexandria, VA 22314–3428, or at (703) Administration, 1775 Duke Street, Type of Review: Extension of a 518–6444. Alexandria, VA 22314–3428, or at (703) currently approved collection. SUPPLEMENTARY INFORMATION: Proposal 518–6444. Title: Community Development for the following collection of SUPPLEMENTARY INFORMATION: Proposal Revolving Loan Program for Credit information: for the following collection of Unions Application for Technical Title: Production of Nonpublic information: Assistance. Records and Testimony of Employees in Title: 12 CFR 703 Investment and Description: NCUA requests this Legal Proceedings. Deposit Activities. information from credit unions to OMB Number: 3133–0146. OMB Number: 3133–0133. ensure that the funds are distributed to Form Number: None. Form Number: None. aid in providing member services, and Type of Review: Extension of a Type of Review: Extension of a enhancing credit union operations. currently approved collection. currently approved collection. Respondents: Federal credit unions. Respondents: Respondents will most Description: To ensure that federal Estimated No. of Respondents/ likely be persons involved in legal credit unions make safe and sound Recordkeepers: 116. proceedings. investments, the rule requires that they Estimated No. of Respondents/ establish written investment policies Estimated Burden Hours per Recordkeepers: 36. and review them annually, document Response: 1 hour. Estimated Burden Hours per details of the individual investments Frequency of Response: Reporting and Response: 2. monthly, ensure adequate broker/dealer on occasion. Frequency of Response: On occasion. selection criteria and record credit Estimated Total Annual Burden Estimated Total Annual Burden decisions regarding deposits in certain Hours: 116 hours. Hours: 72. financial institutions. Estimated Total Annual Cost: $0. Estimated Total Annual Cost: None. Respondents: Federal credit unions. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54691 Estimated No. of Respondents/ FCU makes payments to its director in reducing the overall concentration of Recordkeepers: 5,732. within the guidelines that the FCU has formaldehyde, but additional purging is Estimated Burden Hours Per established in advance and to enable still necessary to allow required Response: 46.15 hours. examiners to easily verify compliance containment entries. The licensee has Frequency of Response: by comparing the policy to the actual identified three potential sources of the Recordkeeping. Reporting. On Occasion. reimbursements. formaldehyde, but positive Quarterly. Respondents: All federal credit identification and corrective action Estimated Total Annual Burden unions. cannot be completed with the plant in Hours: 264,529 hours. Estimated No. of Respondents/ operation. The limit on purge hours has Estimated Total Annual Cost: None. Recordkeepers: 5,732. been in effect since 1982 and typically By the National Credit Union Estimated Burden Hours per has not been exceeded. However, based Administration Board September 20, 2007. Response: .50 hours. on the current need for purging, the Mary Rupp, Frequency of Response: Other. Once licensee projects that the 1000-hour Secretary of the Board. and update. limit will be exceeded around October Estimated Total Annual Burden [FR Doc. E7–18999 Filed 9–25–07; 8:45 am] 15, 2007. Approval of the increase in Hours: 2879.50. containment purge hours will avoid an BILLING CODE 7535–01–P Estimated Total Annual Cost: None. unnecessary unit shutdown and allow By the National Credit Union the licensee to perform detailed leak NATIONAL CREDIT UNION Administration Board on September 20, identification and corrective action in ADMINISTRATION 2007. the spring 2008 refueling outage. Based Mary Rupp, on the preceding discussion, the Agency Information Collection Secretary of the Board. Commission concludes that exigent Activities: Submission to OMB for [FR Doc. E7–19001 Filed 9–25–07; 8:45 am] circumstances exist. Before issuance of the proposed Extension of a Currently Approved BILLING CODE 7535–01–P Collection; Comment Request license amendment, the Commission will have made findings required by the AGENCY: National Credit Union Atomic Energy Act of 1954, as amended NUCLEAR REGULATORY Administration (NCUA). (the Act) and the Commission’s COMMISSION ACTION: Request for comment. regulations. [Docket No. 50–328] Pursuant to Title 10 of the Code of SUMMARY: The NCUA intends to submit Federal Regulations (10 CFR) 50.91(a)(6) the following information collection to Tennessee Valley Authority; Notice of for amendments to be granted under the Office of Management and Budget Consideration of Issuance of exigent circumstances, the NRC staff (OMB) for review and clearance under Amendment to Facility Operating must determine that the amendment the Paperwork Reduction Act of 1995 License, Proposed No Significant request involves no significant hazards (Pub. L. 104–13, 44 U.S.C. Chapter 35). Hazards Consideration Determination, consideration. Under the Commission’s This information collection is published and Opportunity for a Hearing regulations in 10 CFR 50.92, this means to obtain comments from the public. The U.S. Nuclear Regulatory that operation of the facility in DATES: Comments will be accepted until accordance with the proposed October 29, 2007. Commission (the Commission) is considering issuance of an amendment amendment would not (1) Involve a ADDRESSES: Interested parties are to Facility Operating License No. 50– significant increase in the probability or invited to submit written comments to 328, issued to the Tennessee Valley consequences of an accident previously the NCUA Clearance Officer: Authority (TVA, the licensee), for evaluated; or (2) create the possibility of Clearance Officer: Mr. Neil operation of the Sequoyah Nuclear a new or different kind of accident from McNamara, National Credit Union Plant, Unit No. 2, located in Hamilton any accident previously evaluated; or Administration, 1775 Duke Street, County, Tennessee. (3) involve a significant reduction in a Alexandria, Virginia 22314–3428, Fax The proposed amendment would margin of safety. As required by 10 CFR No. 703–837–2861. E-mail: incorporate a one-time change to 50.91(a), the licensee has provided its [email protected]. technical specification Limiting analysis of the issue of no significant FOR FURTHER INFORMATION CONTACT: Condition for Operation 3.6.1.9 to allow hazards consideration, which is Requests for additional information or a an increase to the annual limit for presented below: copy of the information collection operation of the containment ventilation 1. The proposed amendment does not request should be directed to Tracy system with purge isolation valves open involve a significant increase in the Sumpter at the National Credit Union from 1000 hours to 1400 hours during probability or consequences of an accident Administration, 1775 Duke Street, calendar year 2007. previously evaluated. TVA’s proposed change is not considered Alexandria, VA 22314–3428, or at (703) The licensee has been experiencing an to be a significant departure from the current 518–6444. accumulation of gaseous formaldehyde requirements. The containment purge and SUPPLEMENTARY INFORMATION: Proposal in the containment atmosphere, which ventilation system is qualified and designed for the following collection of has necessitated more than normal to isolate in the event of a design basis information: purging in order to provide protection accident. The probability of occurrence of an Title: Written Reimbursement Policy. for personnel entering the containment accident is not increased as the increase in OMB Number: 3133–0130. to perform maintenance or surveillance purge/ventilation system operation does not Form Number: None. activities during operation. This affect the system’s capability for purge valve closure or containment isolation. The Type of Review: Extension of a increase in gaseous formaldehyde began increase in system operation for the currently approved collection. during 2007. The licensee has installed remainder of calendar year 2007 would Description: Each Federal Credit High-Efficiency Particulate Air and continue to be governed by the limits of 10 Union (FCU) must draft a written charcoal filters in the upper CFR 20. In addition, purge system isolation reimbursement policy to ensure that the containment, which has been effective capability remains unchanged. Consequently, VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54692 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices the 10 CFR 100 limits for site boundary dose Written comments may be submitted should specifically explain the reasons would not be exceeded in the event of an by mail to the Chief, Rulemaking, why intervention should be permitted accident during containment purge Directives and Editing Branch, Division with particular reference to the operation. Therefore, the proposed of Administrative Services, Office of following general requirements: (1) The amendment does not involve a significant increase in the probability or consequences Administration, U.S. Nuclear Regulatory name, address and telephone number of of an accident previously evaluated. Commission, Washington, DC 20555– the requestor or petitioner; (2) the 2. The proposed amendment does not 0001, and should cite the publication nature of the requestor’s/petitioner’s create the possibility of a new or different date and page number of this Federal right under the Act to be made a party kind of accident from any accident Register notice. Written comments may to the proceeding; (3) the nature and previously evaluated. also be delivered to Room 6D59, Two extent of the requestor’s/petitioner’s The possibility for a new or different kind White Flint North, 11545 Rockville property, financial, or other interest in of accident from any accident previously Pike, Rockville, Maryland, from 7:30 the proceeding; and (4) the possible evaluated does not exist as a result of the a.m. to 4:15 p.m. Federal workdays. effect of any decision or order which proposed increase in purge/ventilation system operation time. The system design Documents may be examined, and/or may be entered in the proceeding on the remains unchanged for performing isolation copied for a fee, at the NRC’s Public requestor’s/petitioner’s interest. The of containment for accident mitigation and Document Room, located at One White petition must also identify the specific does not create the possibility of a new or Flint North, Public File Area O1 F21, contentions which the petitioner/ different kind of accident from any accident 11555 Rockville Pike (first floor), requestor seeks to have litigated at the previously evaluated. Rockville, Maryland. proceeding. 3. The proposed amendment does not The filing of requests for hearing and Each contention must consist of a involve a significant reduction in a margin of petitions for leave to intervene is specific statement of the issue of law or safety. discussed below. fact to be raised or controverted. In The proposed increase in purge system Within 60 days after the date of addition, the petitioner/requestor shall operation is an increase that does not affect existing safety margins. Additional purge publication of this notice, the licensee provide a brief explanation of the bases operation time will also continue to comply may file a request for a hearing with for the contention and a concise with effluent release limits in 10 CFR 20. In respect to issuance of the amendment to statement of the alleged facts or expert addition, the proposed change does not the subject facility operating license and opinion which support the contention increase the risk for an accident because no any person whose interest may be and on which the petitioner intends to physical changes to the plant are being made affected by this proceeding and who rely in proving the contention at the and design features associated with purge wishes to participate as a party in the hearing. The petitioner/requestor must system isolation remain unchanged. proceeding must file a written request also provide references to those specific Accordingly, TVA concludes that the margin for a hearing and a petition for leave to of safety has not been reduced. sources and documents of which the intervene. Requests for a hearing and a petitioner/requestor is aware and on The NRC staff has reviewed the petition for leave to intervene shall be which the petitioner/requestor intends licensee’s analysis and, based on this filed in accordance with the to rely to establish those facts or expert review, it appears that the three Commission’s ‘‘Rules of Practice for opinion. The petitioner/requestor must standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings and provide sufficient information to show satisfied. Therefore, the NRC staff Issuance of Orders’’ in 10 CFR Part 2. that a genuine dispute exists with the proposes to determine that the Interested persons should consult a applicant on a material issue of law or amendment request involves no current copy of 10 CFR 2.309, which is fact. Contentions shall be limited to significant hazards consideration. available at the Commission’s PDR, matters within the scope of the The Commission is seeking public located at One White Flint North, Public amendment under consideration. The comments on this proposed File Area O1 F21, 11555 Rockville Pike contention must be one which, if determination. Any comments received (first floor), Rockville, Maryland. proven, would entitle the petitioner/ within 14 days after the date of Publicly available records will be requestor to relief. A petitioner/ publication of this notice will be accessible from the Agencywide requestor who fails to satisfy these considered in making any final Documents Access and Management requirements with respect to at least one determination. System’s (ADAMS) Public Electronic contention will not be permitted to Normally, the Commission will not Reading Room on the Internet at the participate as a party. issue the amendment until the NRC Web site, http://www.nrc.gov/ Those permitted to intervene become expiration of the 14-day notice period. reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any However, should circumstances change request for a hearing or petition for limitations in the order granting leave to during the notice period, such that leave to intervene is filed by the above intervene, and have the opportunity to failure to act in a timely way would date, the Commission or a presiding participate fully in the conduct of the result, for example, in derating or officer designated by the Commission or hearing. shutdown of the facility, the by the Chief Administrative Judge of the If a hearing is requested, the Commission may issue the license Atomic Safety and Licensing Board Commission will make a final amendment before the expiration of the Panel, will rule on the request and/or determination on the issue of no 14-day notice period, provided that its petition; and the Secretary or the Chief significant hazards consideration. The final determination is that the Administrative Judge of the Atomic final determination will serve to decide amendment involves no significant Safety and Licensing Board will issue a when the hearing is held. If the final hazards consideration. The final notice of a hearing or an appropriate determination is that the amendment determination will consider all public order. request involves no significant hazards and State comments received. Should As required by 10 CFR 2.309, a consideration, the Commission may the Commission take this action, it will petition for leave to intervene shall set issue the amendment and make it publish in the Federal Register a notice forth with particularity the interest of immediately effective, notwithstanding of issuance. The Commission expects the petitioner in the proceeding, and the request for a hearing. Any hearing that the need to take this action will how that interest may be affected by the held would take place after issuance of occur very infrequently. results of the proceeding. The petition the amendment. If the final VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54693 determination is that the amendment documents located in ADAMS should adjustments to the agenda to facilitate request involves a significant hazards contact the NRC PDR Reference staff by the conduct of the meeting. The consideration, any hearing held would telephone at 1 (800) 397–4209 or (301) Chairman of the Committee is take place before the issuance of any 415–4737, or by e-mail to [email protected]. empowered to make such adjustments amendment. Dated at Rockville, Maryland, this 20th day to conduct the meeting in a manner that, Nontimely requests and/or petitions of September 2007. in his judgment, will facilitate the and contentions will not be entertained For the Nuclear Regulatory Commission. orderly conduct of business, including absent a determination by the Brendan T. Moroney, making provisions to continue the Commission or the presiding officer of discussion of matters not completed on Project Manager, Plant Licensing Branch II– the Atomic Safety and Licensing Board 2, Division of Operating Reactor Licensing, the scheduled day on another day of the that the petition, request and/or the Office of Nuclear Reactor Regulation. same meeting. Persons planning to contentions should be granted based on [FR Doc. E7–19008 Filed 9–25–07; 8:45 am] attend a meeting may contact the a balancing of the factors specified in 10 Designated Federal Officer (DFO) BILLING CODE 7590–01–P CFR 2.309(c)(1)(i)–(viii). specified in the Federal Register Notice A request for a hearing or a petition prior to the meeting to be advised of any for leave to intervene must be filed by: NUCLEAR REGULATORY changes to the agenda that may have (1) First class mail addressed to the COMMISSION occurred. Office of the Secretary of the The following requirements shall Commission, U.S. Nuclear Regulatory Advisory Committee on Nuclear Waste apply to public participation in Commission, Washington, DC 20555– and Materials (ACNW&M); Procedures ACNW&M meetings: 0001, Attention: Rulemaking and for Meetings (a) Persons who plan to submit Adjudications Staff; (2) courier, express written comments at the meeting should mail, and expedited delivery services: Background provide 35 copies to the DFO at the Office of the Secretary, Sixteenth Floor, This notice describes procedures to be beginning of the meeting. Persons who One White Flint North, 11555 Rockville followed with respect to meetings cannot attend the meeting, but wish to Pike, Rockville, Maryland, 20852, conducted pursuant to the Federal submit written comments regarding the Attention: Rulemaking and Advisory Committee Act (FACA) by the agenda items may do so by sending a Adjudications Staff; (3) E-mail U.S. Nuclear Regulatory Commission’s readily reproducible copy addressed to addressed to the Office of the Secretary, (NRC’s) Advisory Committee on Nuclear the DFO specified in the Federal U.S. Nuclear Regulatory Commission, Waste and Materials (ACNW&M). These Register Notice, care of the Advisory [email protected]; or (4) procedures are set forth so that they may Committee on Nuclear Waste and facsimile transmission addressed to the be incorporated by reference in future Materials, U.S. Nuclear Regulatory Office of the Secretary, U.S. Nuclear notices for individual meetings. Commission, Washington, DC 20555– Regulatory Commission, Washington, The ACNW&M meetings are 0001. Comments should be in the DC, Attention: Rulemakings and conducted in accordance with FACA. possession of the DFO prior to the Adjudications Staff at (301) 415–1101, The ACNW&M advises the NRC on meeting to allow time for reproduction verification number is (301) 415–1966. technical issues related to nuclear and distribution. Comments should be A copy of the request for hearing and materials and waste management. The limited to topics being considered by petition for leave to intervene should bases of ACNW&M reviews include 10 the Committee. also be sent to the Office of the General CFR Parts 20, 60, 61, 63, 70, 71, and 72 (b) Persons desiring to make oral Counsel, U.S. Nuclear Regulatory and other applicable regulations and statements at the meeting should make Commission, Washington, DC 20555– legislative mandates, such as the a request to do so to the DFO; if 0001, and it is requested that copies be Nuclear Waste Policy Act as amended, possible, the request should be made 5 transmitted either by means of facsimile the Low-Level Radioactive Waste Policy days before the meeting, identifying the transmission to (301) 415–3725 or by e- Act as amended, and the Uranium Mill topic(s) to be discussed and the amount mail to [email protected]. A copy Tailings Radiation Control Act as of time needed for presentation so that of the request for hearing and petition amended. The Committee’s reports orderly arrangements can be made. The for leave to intervene should also be become a part of the public record. Committee will hear oral statements on sent to General Counsel, Tennessee The ACNW&M meetings are normally topics being reviewed at an appropriate Valley Authority, 400 West Summit Hill open to the public and provide time during the meeting as scheduled by Drive, ET 11A, Knoxville, Tennessee opportunities for oral or written the Chairman. 37902, attorney for the licensee. statements from members of the public (c) Information regarding topics to be For further details with respect to this to be considered as part of the discussed, changes to the agenda, action, see the application for Committee’s information gathering whether the meeting has been canceled amendment dated September 17, 2007, process. The meetings are not or rescheduled, and the time allotted to which is available for public inspection adjudicatory hearings such as those present oral statements can be obtained at the Commission’s Public Document conducted by the NRC’s Atomic Safety by contacting the DFO. Room (PDR), located at One White Flint and Licensing Board Panel as part of the (d) The use of still, motion picture, North, Public File Area O1 F21, 11555 Commission’s licensing process. and television cameras may be limited Rockville Pike (first floor), Rockville, ACNW&M meetings are conducted in to selected portions of the meeting as Maryland. Publicly available records accordance with the FACA. determined by the Chairman and subject will be accessible electronically from to the condition that the use of such the Agencywide Documents Access and General Rules Regarding ACNW&M equipment will not interfere with the Management System’s (ADAMS) Public Meetings conduct of the meeting. The DFO will Electronic Reading Room on the Internet An agenda is published in the Federal have to be notified prior to the meeting at the NRC Web site http://www.nrc.gov/ Register for each Full Committee and will authorize the installation or reading-rm.html. Persons who do not meeting and is available on the Internet use of such equipment after have access to ADAMS or who at http://www.nrc.gov/ACRSACNW. consultation with the Chairman. The encounter problems in accessing the There may be a need to make use of such equipment will be restricted VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54694 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices as is necessary to protect proprietary or ACNW&M Ad Hoc Subcommittee NUCLEAR REGULATORY privileged information that may be Meetings COMMISSION present in the meeting room. Electronic recordings will be permitted only In accordance with the revised FACA, Advisory Committee on Reactor during those portions of the meeting the agency is no longer required to Safeguards (ACRS); Subcommittee that are open to the public. apply the FACA requirements to Meeting on Power Uprates meetings conducted by the (Susquehanna); Notice of Meeting (e) A transcript is kept for certain Subcommittees of the NRC Advisory open portions of the meeting and will be Committees, if the Subcommittee(s The ACRS Subcommittee on Power available in the NRC Public Document recommendations would be Uprates will hold a meeting on October Room (PDR), One White Flint North, independently reviewed by its parent 9–10, 2007, at 11545 Rockville Pike, Room O–1F21, 11555 Rockville Pike, Committee. Rockville, Maryland, Room T–2B3. Rockville, MD 20852–2738. A copy of The ACNW&M, however, chose to The entire meeting will be open to the certified minutes of the meeting will public attendance, with the exception of be available at the same location up to conduct its Subcommittee meetings in accordance with the procedures noted portions that may be closed to discuss 3 months following the meeting. Copies above for ACNW&M Full Committee proprietary information pursuant to 5 may be obtained upon payment of meetings, as appropriate, to facilitate U.S.C. 552b(c)4 for presentations appropriate reproduction charges. public participation, and to provide a covering information that is proprietary ACNW&M meeting agenda, transcripts, forum for stakeholders to express their to PPL Susquehanna LLC or its and letter reports are available through views on regulatory matters being contractors such as General Electric, the PDR at [email protected], by calling the considered by the ACNW&M. When AREVA and Continuum Dynamics, Inc. PDR at 1–800–394–4209, or from the Subcommittee meetings are held at The agenda for the subject meeting Publicly Available Records System locations other than at NRC facilities, shall be as follows: (PARS) component of NRC’s document reproduction facilities may not be Tuesday, October 9, 2007—8:30 a.m. system (ADAMS) which is accessible available at a reasonable cost. until the conclusion of business. from the NRC Web site at http:// Accordingly, 50 copies of the materials Wednesday, October 10, 2007—8:30 www.nrc.gov/reading-rm/adams.html or to be used during the meeting should be http://www.nrc.gov/reading-rm/doc- a.m. until the conclusion of business. provided for distribution at such The Subcommittee will discuss the collections/ (ACNW&M schedules and meetings. agendas). Susquehanna Steam Electric Station Units 1 and 2 extended power uprate (f) Video teleconferencing service is Special Provisions When Proprietary Sessions Are To Be Held application. The Subcommittee will available for observing open sessions of hear presentations by and hold ACNW&M meetings. Those wishing to If it is necessary to hold closed discussions with representatives of the use this service for observing ACNW&M sessions for the purpose of discussing NRC staff, the PPL Susquehanna LLC meetings should contact Mr. Theron matters involving proprietary (the licensee, PPL), their contractors Brown, ACNW&M Audio Visual information, persons with agreements (General Electric, AREVA and Specialist, (301–415–8066) between permitting access to such information Continuum Dynamics) and other 7:30 a.m. and 3:45 p.m. Eastern Time at may attend those portions of the interested persons regarding this matter. least 10 days before the meeting to ACNW&M meetings where this material The Subcommittee will gather ensure the availability of this service. is being discussed upon confirmation information, analyze relevant issues and Individuals or organizations requesting that such agreements are effective and facts, and formulate proposed positions this service will be responsible for related to the material being discussed. and actions, as appropriate, for telephone line charges and for providing deliberation by the full Committee. the equipment and facilities that they The DFO should be informed of such Members of the public desiring to use to establish the video an agreement at least 5 working days provide oral statements and/or written teleconferencing link. The availability of prior to the meeting so that it can be comments should notify the Designated video teleconferencing services is not confirmed, and a determination can be Federal Officer, Ms. Zena Abdullahi guaranteed. made regarding the applicability of the agreement to the material that will be (Telephone: 301–415–8716) 5 days prior ACNW&M Working Group Meetings discussed during the meeting. The to the meeting, if possible, so that minimum information provided should appropriate arrangements can be made. From time to time the ACNW&M may include information regarding the date Electronic recordings will be permitted sponsor an in-depth meeting on a of the agreement, the scope of material only during those portions of the specific technical issue to understand included in the agreement, the project meeting that are open to the public. staff expectations and review work in or projects involved, and the names and Further information regarding this progress. Such meetings are called titles of the persons signing the meeting can be obtained by contacting Working Group meetings. These agreement. Additional information may the Designated Federal Official between Working Group meetings will also be be requested to identify the specific 8:45 a.m. and 5:30 p.m. (ET). Persons conducted in accordance with the agreement involved. A copy of the planning to attend this meeting are procedures noted above for the executed agreement should be provided urged to contact the above named ACNW&M meeting, as appropriate. to the DFO prior to the beginning of the individual at least two working days When Working Group meetings are held meeting for admittance to the closed prior to the meeting to be advised of any at locations other than at NRC facilities, session. potential changes to the agenda. reproduction facilities may not be available at a reasonable cost. Dated: September 20, 2007. Dated: September 19, 2007. Accordingly, 50 copies of the materials Andrew L. Bates, Cayetano Santos, to be used during the meeting should be Advisory Committee Management Officer. Chief, Reactor Safety Branch, ACRS. provided for distribution at such [FR Doc. E7–19013 Filed 9–25–07; 8:45 am] [FR Doc. E7–18980 Filed 9–25–07; 8:45 am] meetings. BILLING CODE 7590–01–P BILLING CODE 7590–01–P VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54695 NUCLEAR REGULATORY cannot attend the meeting, but wish to (ADAMS) which is accessible from the COMMISSION submit written comments regarding the NRC Web site at http://www.nrc.gov/ agenda items may do so by sending a reading-rm/adams.html or http:// Advisory Committee on Reactor readily reproducible copy addressed to www.nrc.gov/reading-rm/doc- Safeguards; Procedures for Meetings the DFO specified in the Federal collections/ (ACRS & ACNW Mtg Register Notice, care of the Advisory schedules/agendas). Background Committee on Reactor Safeguards, U.S. (f) Video teleconferencing service is This notice describes procedures to be Nuclear Regulatory Commission, available for observing open sessions of followed with respect to meetings Washington, DC 20555–0001. ACRS meetings. Those wishing to use conducted by the U.S. Nuclear Comments should be limited to items this service for observing ACRS Regulatory Commission’s (NRC’s) being considered by the Committee. meetings should contact Mr. Theron Advisory Committee on Reactor Comments should be in the possession Brown, ACRS Audio Visual Specialist, Safeguards (ACRS) pursuant to the of the DFO 5 days prior to the meeting (301–415–8066) between 7:30 a.m. and Federal Advisory Committee Act to allow time for reproduction and 3:45 p.m. Eastern Time at least 10 days (FACA). These procedures are set forth distribution. before the meeting to ensure the so that they may be incorporated by (b) Persons desiring to make oral availability of this service. Individuals reference in future notices for statements at the meeting should make or organizations requesting this service individual meetings. a request to do so to the DFO; if will be responsible for telephone line The ACRS is a statutory group possible, the request should be made 5 charges and for providing the established by Congress to review and days before the meeting, identifying the equipment and facilities that they use to report on nuclear safety matters and topic(s) on which oral statements will establish the video teleconferencing applications for the licensing of nuclear be made and the amount of time needed link. The availability of video facilities. The Committee’s reports for presentation so that orderly teleconferencing services is not become a part of the public record. arrangements can be made. The guaranteed. The ACRS meetings are conducted in Committee will hear oral statements on accordance with FACA; they are topics being reviewed at an appropriate ACRS Subcommittee Meetings normally open to the public and provide time during the meeting as scheduled by In accordance with the revised FACA, opportunities for oral or written the Chairman. the agency is no longer required to statements from members of the public (c) Information regarding topics to be apply the FACA requirements to to be considered as part of the discussed, changes to the agenda, meetings conducted by the Committee’s information gathering whether the meeting has been canceled Subcommittees of the NRC Advisory process. ACRS reviews do not normally or rescheduled, and the time allotted to Committees, if the Subcommittee’s encompass matters pertaining to present oral statements can be obtained recommendations would be environmental impacts other than those by contacting the DFO. independently reviewed by its parent related to radiological safety. (d) The use of still, motion picture, Committee. The ACRS meetings are not and television cameras will be The ACRS, however, chose to conduct adjudicatory hearings such as those permitted at the discretion of the its Subcommittee meetings in conducted by the NRC’s Atomic Safety Chairman and subject to the condition accordance with the procedures noted and Licensing Board Panel as part of the that the use of such equipment will not above for ACRS full Committee Commission’s licensing process. interfere with the conduct of the meetings, as appropriate, to facilitate meeting. The DFO will have to be public participation, and to provide a General Rules Regarding ACRS Full notified prior to the meeting and will forum for stakeholders to express their Committee Meetings authorize the use of such equipment views on regulatory matters being An agenda will be published in the after consultation with the Chairman. considered by the ACRS. When Federal Register for each full The use of such equipment will be Subcommittee meetings are held at Committee meeting. There may be a restricted as is necessary to protect locations other than at NRC facilities, need to make changes to the agenda to proprietary or privileged information reproduction facilities may not be facilitate the conduct of the meeting. that may be in documents, folders, etc., available at a reasonable cost. The Chairman of the Committee is in the meeting room. Electronic Accordingly, 50 copies of the materials empowered to conduct the meeting in a recordings will be permitted only to be used during the meeting should be manner that, in his/her judgment, will during those portions of the meeting provided for distribution at such facilitate the orderly conduct of that are open to the public. meetings. business, including making provisions (e) A transcript will be kept for certain to continue the discussion of matters open portions of the meeting and will be Special Provisions When Proprietary not completed on the scheduled day on available in the NRC Public Document Sessions Are To Be Held another day of the same meeting. Room (PDR), One White Flint North, If it is necessary to hold closed Persons planning to attend the meeting Room O–1F21, 11555 Rockville Pike, sessions for the purpose of discussing may contact the Designated Federal Rockville, MD 20852–2738. A copy of matters involving proprietary Officer (DFO) specified in the Federal the certified minutes of the meeting will information, persons with agreements Register Notice prior to the meeting to be available at the same location 3 permitting access to such information be advised of any changes to the agenda months following the meeting. Copies may attend those portions of the ACRS that may have occurred. may be obtained upon payment of meetings where this material is being The following requirements shall appropriate reproduction charges. ACRS discussed upon confirmation that such apply to public participation in ACRS meeting agenda, transcripts, and letter agreements are effective and related to full Committee meetings: reports are available through the PDR at the material being discussed. (a) Persons who plan to submit [email protected], by calling the PDR at 1– The DFO should be informed of such written comments at the meeting should 800–394–4209, or from the Publicly an agreement at least 5 working days provide 35 copies to the DFO at the Available Records System (PARS) prior to the meeting so that it can be beginning of the meeting. Persons who component of NRC’s document system confirmed, and a determination can be VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54696 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices made regarding the applicability of the 8358, Fax (202) 418–3251 or e-mail to United States (‘‘foreign fund’’) to obtain agreement to the material that will be [email protected]. Please include a an order from the Commission allowing discussed during the meeting. The mailing address with your request. the fund to register under the Act before minimum information provided should DATES: Comments on this proposal making a public offering of its securities include information regarding the date should be received within 30 calendar through the United States mail or any of the agreement, the scope of material days from the date of this publication. means of interstate commerce. The included in the agreement, the project ADDRESSES: Send or deliver comments Commission may issue an order only if or projects involved, and the names and to— it finds that it is both legally and titles of the persons signing the practically feasible effectively to enforce Juanita H. Love, Program Manager, agreement. Additional information may the provisions of the Act against the Administrative Law Judge Program, be requested to identify the specific foreign fund, and that the registration of Human Capital Leadership & Merit agreement involved. A copy of the the fund is consistent with the public System, Accountability Division, U.S. executed agreement should be provided interest and protection of investors. Office of Personnel Management, to the DFO prior to the beginning of the Rule 7d–1 (17 CFR 270.7d–1) under 1900 E Street, NW., Room 7425, meeting for admittance to the closed the Act, which was adopted in 1954, Washington, DC 20415; and specifies the conditions under which a session. Brenda Aguilar, OPM Desk Officer, Canadian management investment Dated: September 20, 2007. Office of Information & Regulatory company (‘‘Canadian fund’’) may Andrew L. Bates, Affairs, Office of Management and request an order from the Commission Budget, New Executive Office Advisory Committee Management Officer. permitting it to register under the Act. Building, Room 10235, Washington, [FR Doc. E7–19014 Filed 9–25–07; 8:45 am] Although rule 7d–1 by its terms applies DC 20503. BILLING CODE 7590–01–P only to Canadian funds, other foreign For Information Regarding funds generally have agreed to comply Administrative Coordination Contact: with the requirements of rule 7d–1 as a OFFICE OF PERSONNEL Karyn D. Lusby, Program Analyst, prerequisite to receiving an order MANAGEMENT Administrative Law Judge Program, permitting those foreign funds’ Human Capital Leadership & Merit registration under the Act. Submission for OMB Review; System, Accountability Division, U.S. The rule requires a Canadian fund Comment Request for a New Office of Personnel Management, 1900 E that wishes to register to file an Information Collection: OPM Form Street, NW., Room 7425, Washington, application with the Commission that 1655 and OPM Form 1655–A DC 20415, [email protected]. contains various undertakings and agreements by the fund. Certain of these AGENCY: Office of Personnel U.S. Office of Personnel Management Management. Linda M. Springer, undertakings and agreements, in turn, impose the following additional ACTION: Notice. Director. [FR Doc. E7–19043 Filed 9–25–07; 8:45 am] information collection requirements: SUMMARY: In accordance with the BILLING CODE 6325–43–P (1) The fund must file agreements between Paperwork Reduction Act of 1995 (Pub. the fund and its directors, officers, and L. 104–13, May 22, 1995), this notice service providers requiring them to comply announces that the Office of Personnel with the fund’s charter and bylaws, the Act, SECURITIES AND EXCHANGE and certain other obligations relating to the Management (OPM) has submitted to COMMISSION undertakings and agreements in the the Office of Management and Budget application; (OMB) a request for a new information Proposed Collection; Comment (2) the fund and each of its directors, collection. OPM 1655, Application for Request officers, and investment advisers that is not Senior Administrative Law Judge, and a U.S. resident, must file an irrevocable OPM 1655–A, Geographic Preference Upon Written Request, Copies Available designation of the fund’s custodian in the Statement for Senior Administrative From: Securities and Exchange United States as agent for service of process; Law Judge Applicant, are used by Commission, Office of Investor (3) the fund’s charter and bylaws must retired Administrative Law Judges Education and Advocacy, provide that (a) the fund will comply with Washington, DC 20549–0213. certain provisions of the Act applicable to all seeking reemployment on a temporary funds, (b) the fund will maintain originals or Extension: and intermittent basis to complete copies of its books and records in the United Rule 7d–1; SEC File No. 270–176; OMB hearings of one or more specified case(s) States, and (c) the fund’s contracts with its Control No. 3235–0311. in accordance with the Administrative custodian, investment adviser, and principal Procedures Act of 1946. Notice is hereby given that, pursuant underwriter, will contain certain terms, Approximately 150 OPM 1655s will to the Paperwork Reduction Act of 1995 including a requirement that the adviser be processed annually. Each form takes (44 U.S.C. 3501–3520), the Securities maintain originals or copies of pertinent approximately 30–45 minutes to and Exchange Commission records in the United States; complete. The annual estimated burden (‘‘Commission’’) is soliciting comments (4) the fund’s contracts with service providers will require that the provider is 94 hours. Approximately 200 OPM on the collections of information perform the contract in accordance with the 1655–As will be processed annually. summarized below. The Commission Act, the Securities Act of 1933 (15 U.S.C. Each form takes approximately 5–25 plans to submit these existing 77a–77z–3), and the Securities Exchange Act minutes to complete. The annual collections of information to the Office of 1934 (15 U.S.C. 78a–78mm), as applicable; estimated burden is 67 hours. of Management and Budget (‘‘OMB’’) for and OPM received one comment and took extension and approval. (5) the fund must file, and periodically no action because the comment was not Section 7(d) of the Investment revise, a list of persons affiliated with the relevant to the proposed information Company Act of 1940 (15 U.S.C. 80a– fund or its adviser or underwriter. collection under 5 CFR 1320.8(d)(1). 7(d)) (the ‘‘Act’’ or ‘‘Investment Under section 7(d) of the Act the For copies of this proposal, contact Company Act’’) requires an investment Commission may issue an order Mary Beth Smith-Toomey on (202) 606– company (‘‘fund’’) organized outside the permitting a foreign fund’s registration VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54697 only if the Commission finds that ‘‘by affiliated persons, and establishing a Act pursuant to rule 7d–1 in the last reason of special circumstances or means of keeping records in the United three years. arrangements, it is both legally and States) of approximately 90 hours for We request written comment on: (a) practically feasible effectively to enforce the fund and its associated persons. The Whether the collections of information the provisions of the (Act).’’ The Commission is not including these are necessary for the proper information collection requirements are hours in its calculation of the annual performance of the functions of the necessary to assure that the substantive burden because no foreign fund has Commission, including whether the provisions of the Act may be enforced applied under rule 7d–1 to register information has practical utility; (b) the as a matter of contract right in the under the Act in the last three years. accuracy of the Commission’s estimate United States or Canada by the fund’s After registration, a foreign fund may of the burdens of the collection of shareholders or by the Commission. file a supplemental application seeking information; (c) ways to enhance the Certain information collection special relief designed for the fund’s quality, utility, and clarity of the requirements in rule 7d–1 are associated particular circumstances. Because rule information collected; and (d) ways to with complying with the Act’s 7d–1 does not mandate these minimize the burden of the collection of provisions. These requirements are applications and the fund determines information on respondents, including reflected in the information collection whether to submit an application, the through the use of automated collection requirements applicable to those Commission has not allocated any techniques or other forms of information provisions for all registered funds. burden hours for the applications. technology. Consideration will be given The Commission believes that one The estimates of burden hours are to comments and suggestions submitted fund is registered under rule 7d–1 and made solely for the purposes of the in writing within 60 days of this currently active. Apart from Paperwork Reduction Act. The publication. requirements under the Act applicable estimates are not derived from a Please direct your written comments to all registered funds, rule 7d–1 comprehensive or even a representative to R. Corey Booth, Director/Chief imposes ongoing burdens to maintain survey or study of Commission rules Information Officer, Securities and records in the United States, and to and forms. Exchange Commission, C/O Shirley update, as necessary, the foreign fund’s If a Canadian or other foreign fund in Martinson, 6432 General Green Way, list of affiliated persons. The the future applied to register under the Alexandria, VA, 22312; or send an e- Commission staff estimates that the mail to: [email protected]. active registrant makes one response Act under rule 7d–1, the fund initially each year under the rule update its list might have capital and start-up costs Dated: September 18, 2007. of affiliated persons.1 Commission staff (not including hourly burdens) of an Florence E. Harmon, estimates that the response to update estimated $17,280 to comply with the Deputy Secretary. rule’s initial information collection the list of affiliated persons requires 2 [FR Doc. E7–18920 Filed 9–25–07; 8:45 am] requirements. These costs include legal hours of compliance clerk time at a cost BILLING CODE 8010–01–P of $56 per hour, for a total annual and processing-related fees for burden of 2 hours at a cost of $112.2 The preparing the required documentation estimated number of 2 burden hours is (such as the application, charter, bylaw, SECURITIES AND EXCHANGE a reduction of 23.25 hours from the and contract provisions), designations COMMISSION current allocation. The reduction is a for service of process, and the list of affiliated persons. Other related costs result of the registrant’s elimination of [File No. 500–1] duplicative records in the United States. would include fees for establishing All of the registrant’s records are only arrangements with a custodian or other In the Matter of Biomaxx Systems, Inc.; maintained in the United States. agent for maintaining records in the Order of Suspension of Trading If a fund were to file an application United States, copying and under the rule, the Commission transportation costs for records, and the September 24, 2007. estimates that the rule would impose costs of purchasing or leasing computer It appears to the Securities and initial information collection burdens equipment, software, or other record Exchange Commission that the market (for filing an application, preparing the storage equipment for records for securities of Biomaxx Systems, Inc. specified charter, bylaw, and contract maintained in electronic or (‘‘Biomaxx,’’ trading symbol BMXSF), provisions, designations of agents for photographic form. may be reacting to manipulative forces service of process, and an initial list of The Commission expects that a fund or deceptive practices and that there is and its sponsors would incur these costs insufficient current public information 1 The rule requires an applicant to maintain immediately, and that the annualized about the issuer upon which an records in the United States (which, without the cost of the expenditures would be informed investment decision may be requirement, could be available only in Canada or $17,280 in the first year. Some another foreign jurisdiction), which facilitates made, particularly concerning (1) the routine inspections and any special investigations expenditures might involve capital identity of and prior securities fraud of the fund by Commission staff. The registrant, improvements, such as computer judgments against persons who appear however, only maintains its records in the United equipment, having expected useful lives to be involved in the offer and sale, or States and in no other jurisdiction. Therefore, the registrant’s maintenance of records in the United for which annualized figures beyond the in connection with the purchase or sale, States does not impose an additional burden first year would be meaningful. These of Biomaxx shares; (2) the financial beyond the fund’s compliance with the Act’s annualized figures are not provided, performance and business prospects of requirements. This recordkeeping requirement is however, because, in most cases, the Biomaxx; and (3) offerings to foreign reflected in the information collection burdens applicable to those requirements for all registered expenses would be incurred investors and any restrictions on the funds. immediately rather than on an annual resale of shares. 2 The $56/hour figure for a Compliance Clerk is basis. The Commission is not including The Commission is of the opinion that from the SIA Report on Office Salaries in the these costs in its calculation of the the public interest and the protection of Securities Industry 2006, modified to account for an 1800-hour work-year and multiplied by 2.93 to annualized capital/start-up costs investors require a suspension of trading account for bonuses, firm size, employee benefits because no foreign fund has applied in the securities of the above-listed and overhead. under rule 7d–1 to register under the company. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54698 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Therefore, it is ordered, pursuant to SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Section 12(k) of the Securities Exchange COMMISSION Statement of the Purpose of, and Act of 1934, that trading in the above- Statutory Basis for, the Proposed Rule listed company is suspended for the [Release No. 34–56480; File No. SR–FINRA– Change period of 9:30 a.m. EDT, September 24, 2007–011] 1. Purpose 2007 through 11:59 p.m. EDT, on NASD Rule 2711(h)(13) and NYSE October 5, 2007. Self-Regulatory Organizations; Financial Industry Regulatory Rule 472(k)(4) set forth a member’s By the Commission. Authority, Inc.; Notice of Filing of disclosure and supervisory review obligations when the member Nancy M. Morris, Proposed Rule Change To Amend distributes—i.e., ‘‘pushes out’’—or Secretary. NASD Rule 2711 and NYSE Rule 472 makes available a research report [FR Doc. 07–4759 Filed 9–24–07; 1:11 pm] Regarding a Member’s Disclosure and produced by a third party. A member BILLING CODE 8010–01–M Supervisory Review Obligations When that distributes a third-party research Distributing Third-Party Research report must accompany the report with SECURITIES AND EXCHANGE September 20, 2007. certain current applicable disclosures (‘‘third-party disclosures’’), as they COMMISSION Pursuant to section 19(b)(1) of the pertain to the member: (1) If the member Securities Exchange Act of 1934 owns 1% or more of any class of equity [File No. 500–1] (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 securities of the subject company; (2) if notice is hereby given that on the member or any affiliate has managed In the Matter of Evolution Global September 12, 2007, Financial Industry or co-managed a public offering of Capital Partners, Inc.; Order of Regulatory Authority, Inc. (‘‘FINRA’’) securities of the subject company or Suspension of Trading (f/k/a National Association of Securities received compensation for investment Dealers, Inc. (‘‘NASD’’)) filed with the banking services from the subject September 24, 2007. Securities and Exchange Commission company in the past 12 months, or It appears to the Securities and (‘‘SEC’’ or ‘‘Commission’’) the proposed expects to receive or intends to seek Exchange Commission that the market rule change as described in Items I, II, compensation for such services in the for the securities of Evolution Global and III below, which Items have been next three months; (3) if the member Capital Partners, Inc. (‘‘Evolution,’’ prepared by FINRA. The Commission is makes a market in the subject trading symbol EGCA), may be reacting publishing this notice to solicit company’s securities; and (4) any other to manipulative forces or deceptive comments on the proposed rule change actual, material conflict of interest of the practices and that there is insufficient from interested persons. research analyst or member of which the research analyst knows or has reason to current public information about the I. Self-Regulatory Organization’s issuer upon which an informed know at the time the research report is Statement of the Terms of Substance of distributed or made available. The third- investment decision may be made, the Proposed Rule Change particularly concerning (1) The identity party disclosure requirements do not apply if a member makes available to its of and prior securities fraud judgments FINRA is proposing to amend NASD Rule 2711 and NYSE Rule 472 with customers non-affiliate research either against persons who appear to be upon request or through a member- involved in the offer and sale, or in respect to a member’s disclosure and supervisory review obligations when it maintained Web site. connection with the purchase or sale, of NASD Rule 2711(h)(13) further distributes or makes available third- Evolution shares; (2) the financial requires that a registered principal (or party research reports. performance and business prospects of supervisory analyst approved pursuant Evolution; and (3) offerings to foreign The text of the proposed rule change to Rule 344 of the New York Stock investors and any restrictions on the is available at FINRA, on FINRA’s Web Exchange) must review and approve by resale of shares. site at http://www.finra.org, and in the signature or initial any third-party The Commission is of the opinion that Commission’s Public Reference Room. research distributed by a member. Consistent with NASD Rule the public interest and the protection of II. Self-Regulatory Organization’s 2210(d)(1)(B), the member must review investors require a suspension of trading Statement of the Purpose of, and such research to ensure that the in the securities of the above-listed Statutory Basis for, the Proposed Rule applicable disclosures discussed above company. Change are complete and accurate (‘‘disclosure Therefore, it is ordered, pursuant to In its filing with the Commission, review’’) and the content of the research Section 12(k) of the Securities Exchange FINRA included statements concerning reports contains no untrue statement of Act of 1934, that trading in the above- the purpose of and basis for the material fact or is otherwise not false or listed company is suspended for the proposed rule change and discussed any misleading (‘‘content review’’). period of 9:30 a.m. EDT, September 24, comments it received on the proposed Similarly, NYSE Rule 472(k)(4) requires 2007 through 11:59 p.m. EDT, on rule change. The text of these statements a supervisory analyst approved October 5, 2007. may be examined at the places specified pursuant to New York Stock Exchange Rule 344 to approve by signature or By the Commission. in Item IV below. FINRA has prepared initial any third-party research Nancy M. Morris, summaries, set forth in sections A, B, and C below, of the most significant distributed by a member organization. Secretary. aspects of such statements.3 Additionally, NYSE Rule 472(k)(4) [FR Doc. 07–4760 Filed 9–24–07; 1:11 pm] requires a supervisory analyst or BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(1). qualified person, designated pursuant to 2 17 CFR 240.19b–4. NYSE Rule 342(b)(1), to conduct the 3 The Commission has modified parts of these same disclosure and content review as statements. NASD Rule 2711(h)(13). VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54699 FINRA has interpreted that content However, the proposed rule change III. Date of Effectiveness of the review requirement to mean that a would amend NASD Rule 2711(h)(13) Proposed Rule Change and Timing for member’s supervisory obligation for and NYSE 472(k)(4) to allow a member Commission Action review of third-party research extends to to direct a customer to a Web address Within 35 days of the date of any untrue statement of material fact or where such applicable third-party publication of this notice in the Federal any false or misleading information that disclosures could be found. Register or within such longer period (i) (1) should be known from a reading of FINRA believes the proposed rule as the Commission may designate up to the report or (2) is known based on change will promote the availability of 90 days of such date if it finds such information otherwise possessed by the longer period to be appropriate and member.4 No supervisory review is independent third-party research—a valuable source of independent analysis publishes its reasons for so finding or required under either rule when a (ii) as to which the self-regulatory member makes available non-affiliate for investors that can be compared with or supplement a member’s own organization consents, the Commission research either upon request or through will: a member-maintained Web site. research. At the same time, the proposal would maintain member supervisory (A) By order approve such proposed The proposed rule change would rule change, or review in those circumstances where define a ‘‘third-party research report’’ (B) Institute proceedings to determine the member’s relationship with the for the purposes of the rules as a whether the proposed rule change research report that is produced by a research provider is such that the should be disapproved. person or entity other than a member. research is not wholly free from the The proposal further would create the control or influence of the member. IV. Solicitation of Comments subcategory of ‘‘independent third-party Moreover, the proposed rule change Interested persons are invited to research’’ and eliminate the content preserves the requirement that a submit written data, views and review requirement when a member member disclose potential conflicts arguments concerning the foregoing, distributes or makes available such with the subject company whenever it including whether the proposed rule research. The proposal would define ‘‘pushes out’’ research to customers. changes are consistent with the Act. ‘‘independent third-party research’’ for The filing includes a statement about Comments may be submitted by any of the purposes of the rules to mean a the following methods: third-party research report, in respect of when FINRA will announce the which the person or entity producing effective date of the proposed rule Electronic Comments change. the report: (1) Has no affiliation or • Use the Commission’s Internet business or contractual relationship 2. Statutory Basis comment form (http://www.sec.gov/ with the distributing member or that rules/sro.shtml); or member’s affiliates that is reasonably FINRA believes that the proposed rule • Send an e-mail to rule- likely to inform the content of its change is consistent with the provisions [email protected]. Please include File research reports; and (2) makes coverage of section 15A(b)(6) of the Act,5 which Number SR–FINRA–2007–011 on the and content determinations without any requires, among other things, that subject line. input from the distributing member or FINRA rules must be designed to Paper Comments that member’s affiliates. prevent fraudulent and manipulative The proposed rule change would acts and practices, to promote just and • Send paper comments in triplicate create an exception from the disclosure equitable principles of trade, and, in to Nancy M. Morris, Secretary, review requirement for independent general, to protect investors and the Securities and Exchange Commission, third-party research reports made public interest. FINRA believes that the 100 F Street, NE., Washington, DC available by a member either (1) upon proposed rule change is consistent with 20549–1090. request, (2) through a member- the provisions of the Act noted above in All submissions should refer to File maintained Web site, or (3) where such that it will promote the availability of Number SR–FINRA–2007–011. This file report is made available by a member to number should be included on the a customer in connection with a independent third-party research reports, thereby resulting in more fully subject line if e-mail is used. To help the solicited order in which the registered Commission process and review your representative has informed the informed investment decisions by investors. comments more efficiently, please use customer, during the course of the only one method. The Commission will solicitation, of the availability of B. Self-Regulatory Organization’s post all comments on the Commission’s independent research on the solicited Statement on Burden on Competition Internet Web site (http://www.sec.gov/ equity security and the customer rules/sro.shtml). Copies of the requests such independent research. FINRA does not believe that the submission, all subsequent The proposed rule change would proposed rule change will result in any amendments, all written statements require that current applicable third- burden on competition that is not with respect to the proposed rule party disclosures accompany any third- necessary or appropriate in furtherance change that are filed with the party research report that does not meet of the purposes of the Act. Commission, and all written the definition of ‘‘independent third- communications relating to the C. Self-Regulatory Organization’s party research report,’’ irrespective of proposed rule change between the Statement on Comments on the whether it is distributed or made Commission and any person, other than Proposed Rule Change Received From available upon request, on a member- those that may be withheld from the maintained Web site or in connection Members, Participants, or Others public in accordance with the with a solicitation, as described above. Written comments were neither provisions of 5 U.S.C. 552, will be available for inspection and copying in 4 See Notice to Members 07–04. NYSE solicited nor received. Information Memo 07–11, which has been the Commission’s Public Reference incorporated by FINRA, sets out the same standard Room, 100 F Street, NE., Washington, for NYSE Rule 472(k)(4). 5 15 U.S.C. 78o–3(b)(6). DC 20549, on official business days VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54700 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices between the hours of 10 a.m. and 3 p.m. contribute to the preparation of a June 1, 2004, had until April 4, 2005, to Copies of such filing also will be member’s research report. meet the registration requirements. The available for inspection and copying at The text of the proposed rule change Rules currently provide exemptions the principal office of FINRA. All is available at FINRA, on FINRA’s Web from the Series 86 examination for comments received will be posted site at http://www.finra.org., and in the certain applicants who have passed without change; the Commission does Commission’s Public Reference Room. Levels I and II of the Chartered not edit personal identifying Financial Analyst examination or have II. Self-Regulatory Organization’s information from submissions. You passed Levels I and II of the Chartered Statement of the Purpose of, and should submit only information that Market Technician Examination and Statutory Basis for, the Proposed Rule you wish to make available publicly. All produce only ‘‘technical research Change submissions should refer to File reports’’ as that term is defined in the Number SR–FINRA–2007–011 and In its filing with the Commission, Rules. The Rules further exempt certain should be submitted on or before FINRA included statements concerning research analysts who are employed by October 17, 2007. the purpose of and basis for the a member’s foreign affiliate and For the Commission, by the Division of proposed rule change and discussed any contribute to the preparation of a Market Regulation, pursuant to delegated comments it received on the proposed member’s research report. The proposed authority.6 rule change. The text of these statements rule change would modify this latter Florence E. Harmon, may be examined at the places specified exemption. in Item IV below. FINRA has prepared Deputy Secretary. Current Exemption [FR Doc. E7–18958 Filed 9–25–07; 8:45 am] summaries, set forth in sections A, B, and C below, of the most significant In March 2004, FINRA and the New BILLING CODE 8010–01–P aspects of such statements.3 York Stock Exchange issued joint guidance on the determination of A. Self-Regulatory Organization’s whether a research report is considered SECURITIES AND EXCHANGE Statement of the Purpose of, and COMMISSION the product of a member or that of a Statutory Basis for, the Proposed Rule third party, including a foreign [Release No. 34–56481; File No. SR–FINRA– Change affiliate.4 The guidance explained that 2007–010] 1. Purpose FINRA considers a ‘‘research report’’ to be attributable to the member if (1) the Self-Regulatory Organizations; Background report appears to be the product of the Financial Industry Regulatory NASD Rule 1050 and NYSE 344 member or (2) a ‘‘research analyst’’ as Authority, Inc.; Notice of Filing of (‘‘Rules’’) require an associated person defined by FINRA rules associated with Proposed Rule Change To Amend an who functions as a research analyst to a member is involved in producing the Exemption to NASD Rule 1050 and register as such with FINRA and pass a research report. Where either of the two NYSE Rule Interpretation 344/02 for qualification examination. In the factors pertain, the research report and Certain Research Analysts Employed context of this requirement, the Rules any ‘‘research analyst’’ involved in its by a Member’s Foreign Affiliate Who define ‘‘research analyst’’ as ‘‘an production must meet all of the Contribute to the Preparation of a associated person who is primarily applicable requirements of NASD Rules Member’s Research Report responsible for the preparation of the 1050 and 2711 and NYSE Rules 344 and September 20, 2007. substance of a research report or whose 472. Thus, for example, a ‘‘globally- Pursuant to section 19(b)(1) of the name appears on a research report.’’ The branded’’ research report that is not Securities Exchange Act of 1934 term ‘‘research report’’ in the Rules have clearly labeled to the reader as being (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 the meaning as defined in NASD Rule wholly the product of a foreign affiliate notice is hereby given that on 2711(a)(8) and NYSE Rule 472.10(2): A would be deemed the member’s September 12, 2007, Financial Industry written or electronic communication research. Similarly, FINRA considers a Regulatory Authority, Inc. (‘‘FINRA’’) (f/ that includes an analysis of equity research report prepared by a ‘‘mixed- k/a National Association of Securities securities of individual companies or team’’ that includes at least one research Dealers, Inc. (‘‘NASD’’)) filed with the industries, and that provides analyst associated with the member to Securities and Exchange Commission information reasonably sufficient upon be a member’s report for the purpose of (‘‘SEC’’ or ‘‘Commission’’) the proposed which to base an investment decision. application of NASD Rule 2711 and rule change as described in Items I, II, Pursuant to the Rules, FINRA has NYSE Rule 472. and III below, which Items have been implemented the Research Analyst Since the Rules require any ‘‘research prepared by FINRA. The Commission is Qualification Examination (Series 86/ analyst’’ who contributes to the publishing this notice to solicit 87). The examination consists of an preparation of a member’s research comments on the proposed rule change analysis part (Series 86) and a regulatory report or whose name appears on such from interested persons. part (Series 87). Prior to taking either report to be registered, certain foreign the Series 86 or 87, a candidate also analysts who contribute to the I. Self-Regulatory Organization’s must have passed the General Securities production of a member’s ‘‘globally- Statement of the Terms of Substance of Registered Representative Examination branded’’ research or ‘‘mixed-team’’ the Proposed Rule Change (Series 7), the Limited Registered research report could be required to FINRA is proposing to amend an Representative (Series 17), or the meet the qualification requirements, but exemption to NASD Rule 1050 and Canada Module of Series 7 (Series 37 or only if they are associated persons of the NYSE Rule Interpretation 344/02 for 38). Persons who were functioning as member. FINRA affirmed this certain research analysts employed by a research analysts on the effective date of interpretation in announcing the member’s foreign affiliate who March 30, 2004, and submitted a 4 See NASD Notice to Members 04–18 and New registration application to NASD by York Stock Exchange Information Memo 04–10. The 6 17 CFR 200.30–3(a)(12). New York Stock Exchange memo applies to its Rule 1 15 U.S.C. 78s(b)(1). 3 The Commission has modified part of these 472. FINRA has incorporated both Rule 472 and the 2 17 CFR 240.19b–4. statements. applicable interpretive guidance. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54701 Research Analyst Qualification research analyst qualification Recordkeeping Examination in a March 2004 Notice to requirements that would cover research Members 04–25. analysts residing anywhere outside of Members would be required to Subsequently, some members the United States. More specifically, the establish and maintain records that requested an exemption from the Rules requirements of NASD Rule 1050(a) and identify those individuals who have for certain research analysts associated NYSE Rule 344.10 would not apply to availed themselves of the exemption, with a member who reside in certain an associated person who (1) is an the basis for such exemption, and foreign jurisdictions. FINRA was employee of a non-member foreign evidence of compliance with the concerned that absent the safe harbor for affiliate of a member (‘‘foreign research conditions of the exemption. Failure to certain foreign analysts, members might analyst’’), (2) resides outside the United establish and maintain such records have had a pragmatic incentive, States and (3) contributes, partially or would create an inference of a violation although not a defensible basis, for entirely, to the preparation of globally- of NASD Rule 1050 and NYSE Rule 344. construing associated person status on branded or foreign affiliate research Members also would be required to an unduly narrow basis. To alleviate reports but does not contribute to the establish and maintain records that these issues, while maintaining—and in preparation of a member’s research, evidence compliance with the some cases, extending—the safeguards including a mixed-team report, that is applicable content, disclosure, and in FINRA rules that ensure objective not globally-branded.7 Eligibility for the supervision provisions of NASD Rule and quality research, FINRA proposed exemption would further be 2711 and NYSE Rule 472. Members an exemption from the research analyst conditioned on the member meeting must maintain these records in qualification requirements for certain certain supervisory, disclosure and accordance with the supervisory research analysts employed by foreign recordkeeping requirements. requirements of NYSE Rule 342 and entities in certain jurisdictions NASD Rule 3010, and in addition to Supervisory Review approved by FINRA and the New York such requirement, the failure to establish and maintain such records Stock Exchange, and subject to certain Members that publish or otherwise conditions. would create an inference of a violation distribute globally-branded research of the applicable content, disclosure, The Commission approved the reports partially or entirely prepared by proposed exemption in May 2005.5 and supervision provisions of NYSE a foreign research analyst would be Rule 472 and NASD Rule 2711. FINRA recognized as the basis for required to subject such research to pre- exemptive relief from the registration use review and approval by a registered The proposed rule change would have and qualification requirements principal or supervisory analyst in no impact on the obligation of any compliance with other standards in accordance with NASD Rule 1022(a)(5) person or broker-dealer, including a foreign jurisdictions that reflect and NYSE Rule 344.11 and foreign broker-dealer, to comply with recognition of principles that are interpretations thereto.8 In addition, the the applicable provisions of the federal consonant with FINRA qualification member would be required to ensure securities laws, rules and regulations standards and the research analyst that such research reports comply with and self-regulatory organization rules. conflict of interest rules. These NASD Rule 2711 and NYSE Rule 472, And the fact that a foreign research principles generally include a as applicable. analyst avails herself or himself of this combination of (1) rules that govern exemption would not be probative of research analysts and firm conflicts of Disclosure whether that individual is an ‘‘associated person’’ for other purposes, interest in the preparation and In publishing or otherwise distribution of research reports; (2) a including whether the foreign research distributing globally-branded research analyst is subject to the NASD Rule requirement that research analysts be reports partially or entirely prepared by registered or licensed by a regulatory 2711 and NYSE Rule 472 restrictions on a foreign research analyst, a member communications with a subject authority; or (3) a testing or experience would be required to prominently requirement that demonstrates research company, public appearances and disclose on the front page of each such trading securities held by a research analysts’ skills and/or knowledge of research report: rules and regulations applicable to analyst account. research analysts and their firms in the (1) Each affiliate contributing to the FINRA views the proposed rule preparation and distribution of research research report; change as an iteration of the existing reports. Foreign research analysts in (2) The names of the foreign research exemption that will better encourage jurisdictions that do not have approved analysts employed by each contributing dissemination to investors of globally- standards are still required to pass the affiliate; branded and foreign research where Series 86 and 87 examinations if they (3) That such research analysts are not determination of FINRA’s jurisdiction are ‘‘associated persons’’ and participate registered/qualified as research analysts can be doubtful. At the same time, in the preparation of a member’s with FINRA; and FINRA believes the proposal balances research report. FINRA and the New investor protection concerns by York Stock Exchange approved seven (4) That such research analysts may ensuring that all research produced by jurisdictions that met the applicable not be associated persons of the member foreign research analysts who avail standard: the United Kingdom, and therefore may not be subject to the themselves of the exemption are subject Thailand, China, Hong Kong, Singapore, NASD Rule 2711 and NYSE Rule 472 to supervision, disclosure and other Malaysia and Japan.6 restrictions on communications with a beneficial safeguards, even where the The proposed rule change would subject company, public appearances foreign research analyst may not be an create a superseding exemption from the and trading securities held by a research associated person of the member and analyst account. therefore not subject to FINRA 5 See Securities Exchange Act Release No. 51644 regulatory oversight. (May 2, 2005), 70 FR 24148 (May 6, 2005) (File No. 7 When used in reference to NYSE Rule 344.10, SR–NYSE 2005–25 and SR–NASD–2005–043). the term ‘‘member’’ refers to both a natural person The proposed rule change would 6 See NASD Notice to Members 05–24 and New and ‘‘member organization.’’ apply prospectively only and is not York Stock Exchange Information Memo 05–23. 8 See NASD Notice to Members 04–81 and 07–04. intended to abate any enforcement VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54702 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices actions for failure to comply with the Electronic Comments SECURITIES AND EXCHANGE existing exemption. • COMMISSION The filing includes a statement about Use the Commission’s Internet comment form (http://www.sec.gov/ [Release No. 34–56478; File No. SR–MSRB– when FINRA will announce the 2007–03] effective date of the proposed rule rules/sro.shtml); or change. • Send an e-mail to rule- Self-Regulatory Organizations; 2. Statutory Basis [email protected]. Please include File Municipal Securities Rulemaking Number SR–FINRA–2007–010 on the Board; Notice of Filing and Immediate FINRA believes that the proposed rule subject line. Effectiveness of Proposed Rule change is consistent with the provisions Change To Delay the Implementation of section 15A of the Act, including Paper Comments of Amendments to Rule G–27 on section 15A(b)(6) of the Act,9 in that it • Send paper comments in triplicate Supervision is designed to prevent fraudulent and to Nancy M. Morris, Secretary, manipulative acts and practices, September 20, 2007. promote just and equitable principles of Securities and Exchange Commission, Pursuant to section 19(b)(1) of the trade and, in general, to protect 100 F Street, NE., Washington, DC Securities Exchange Act of 1934 investors and the public interest. The 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposed rule change will promote All submissions should refer to File notice is hereby given that on dissemination of globally-branded and Number SR–FINRA–2007–010. This file September 14, 2007, the Municipal foreign research to investors and ensure number should be included on the Securities Rulemaking Board (‘‘MSRB’’ that such research has investor subject line if e-mail is used. To help the or ‘‘Board’’), filed with the Securities protection safeguards that might not Commission process and review your and Exchange Commission otherwise be required. comments more efficiently, please use (‘‘Commission’’) the proposed rule change as described in Items I, II and III B. Self-Regulatory Organization’s only one method. The Commission will post all comments on the Commission’s below, which Items have been prepared Statement on Burden on Competition by the MSRB. The MSRB has filed the Internet Web site (http://www.sec.gov/ proposal pursuant to section 19(b)(3)(A) FINRA does not believe that the rules/sro.shtml). Copies of the of the Act,3 and Rule 19b–4(f)(1) proposed rule change will result in any submission, all subsequent thereunder,4 which renders the proposal burden on competition that is not amendments, all written statements necessary or appropriate in furtherance effective upon filing with the with respect to the proposed rule of the purposes of the Act. Commission. The Commission is change that are filed with the publishing this notice to solicit C. Self-Regulatory Organization’s Commission, and all written comments on the proposed rule change Statement on Comments on the communications relating to the from interested persons. Proposed Rule Change Received From proposed rule change between the Members, Participants, or Others Commission and any person, other than I. Self-Regulatory Organization’s those that may be withheld from the Statement of the Terms of Substance of Written comments were neither the Proposed Rule Change solicited nor received. public in accordance with the provisions of 5 U.S.C. 552, will be The MSRB is proposing to delay, until III. Date of Effectiveness of the available for inspection and copying in February 29, 2008, implementation of Proposed Rule Change and Timing for the Commission’s Public Reference the amendments to Rule G–27, on Commission Action Room, 100 F Street, NE., Washington, supervision, approved in File Number Within 35 days of the date of DC 20549, on official business days SR–MSRB–2006–10, and which are publication of this notice in the Federal between the hours of 10 a.m. and 3 p.m. scheduled to be implemented on Register or within such longer period (i) Copies of such filing also will be November 26, 2007. There are no new as the Commission may designate up to available for inspection and copying at changes to the text of Rule G–27 as 90 days of such date if it finds such the principal office of FINRA. All amended. The text of the proposed rule change is available on the MSRB’s Web longer period to be appropriate and comments received will be posted site (http://www.msrb.org), at the MSRB, publishes its reasons for so finding or without change; the Commission does (ii) as to which the self-regulatory and at the Commission’s Public not edit personal identifying Reference Room. organization consents, the Commission information from submissions. You will: should submit only information that II. Self-Regulatory Organization’s (A) By order approve such proposed you wish to make available publicly. All Statement of the Purpose of, and rule change, or submissions should refer to File Statutory Basis for, the Proposed Rule (B) Institute proceedings to determine Number SR–FINRA–2007–010 and Change whether the proposed rule change should be submitted on or before In its filing with the Commission, the should be disapproved. October 17, 2007. MSRB included statements concerning IV. Solicitation of Comments For the Commission, by the Division of the purpose of and basis for the proposed rule change and discussed any Interested persons are invited to Market Regulation, pursuant to delegated comments it received on the proposed submit written data, views and authority.10 rule change. The text of these statements arguments concerning the foregoing, Florence E. Harmon, may be examined at the places specified including whether the proposed rule Deputy Secretary. in Item IV below. The MSRB has changes are consistent with the Act. [FR Doc. E7–18954 Filed 9–25–07; 8:45 am] Comments may be submitted by any of BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(1). the following methods: 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 9 15 U.S.C. 78o–3(b)(6). 10 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(1). VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54703 prepared summaries, set forth in determine which, if any, of their proposed rule change effective upon sections A, B, and C below, of the most personnel must be registered as a filing with the Commission. significant aspects of such statements. principal (either a municipal securities At any time within 60 days of this principal (Series 53) or a municipal filing, the Commission may summarily A. Self-Regulatory Organization’s abrogate this proposal if it appears to Statement of the Purpose of, and fund securities limited principal (Series 51)) based on the activities undertaken the Commission that such action is Statutory Basis for, the Proposed Rule necessary or appropriate in the public Change at a branch office and/or office of supervisory jurisdiction. interest, for the protection of investors, 1. Purpose or otherwise in furtherance of the B. Self-Regulatory Organization’s purposes of the Act.9 On May 22, 2007, the Commission Statement on Burden on Competition approved File Number SR–MSRB– IV. Solicitation of Comments 2006–10, which incorporated into Rule The MSRB does not believe that the Interested persons are invited to G–27 most of the requirements of NASD proposed rule change will impose any submit written data, views, and Rules 3010 (Supervision) and 3012 burden on competition that is not arguments concerning the foregoing, (Supervisory Control System), to help necessary or appropriate in furtherance including whether the proposed rule ensure a coordinated regulatory of the purposes of the Act. change is consistent with the Act. approach in the area of supervision and C. Self-Regulatory Organization’s Comments may be submitted by any of to facilitate inspection and enforcement. the following methods: The Commission also granted the Statement on Comments on the MSRB’s request for a delayed effective Proposed Rule Change Received From Electronic Comments date of November 26, 2007. Members, Participants or Others • Use the Commission’s Internet Shortly after approval of the comment form (http://www.sec.gov/ amendments, MSRB staff began The MSRB has received two letters requesting guidance on Rule G–27, as rules/sro.shtml); or receiving inquiries from industry • Send an e-mail to rule- members indicating some confusion amended, from the College Savings Foundation and from Sutherland Asbill [email protected]. Please include File over which type of principal is required Number SR–MSRB–2007–03 on the & Brennan, LLP. These commentators based on the activities conducted at subject line. branch offices and offices of supervisory raised certain substantive questions jurisdiction. The MSRB is currently regarding the application of the Paper Comments: reviewing the amendments to Rule G–27 amendments. The MSRB is currently • Send paper comments in triplicate in light of these inquiries and reviewing the amendments to Rule G–27 to Nancy M. Morris, Secretary, anticipates publishing a notice in the in light of these inquiries and Securities and Exchange Commission, near future addressing the questions and anticipates publishing a notice in the 100 F Street, NE., Washington, DC concerns raised. Pending the near future addressing the questions and 20549–1090. 6 completion of such review and concerns raised. The commentators All submissions should refer to File anticipated publication of further also requested that the MSRB delay the Number SR–MSRB–2007–03. This file guidance in this area, the MSRB has effective date of the amendments. The number should be included on the filed the proposed rule change for MSRB believes that it would be subject line if e-mail is used. To help the immediate effectiveness to immediately appropriate to delay the implementation Commission process and review your delay, until February 29, 2008, the of the amendments until February 29, comments more efficiently, please use implementation date of the recently 2008, in light of its pending review of only one method. The Commission will approved amendments to Rule G–27, questions on the amendments, post all comments on the Commission’s which otherwise would be implemented anticipated publication of further Internet Web site (http://www.sec.gov/ on November 26, 2007. guidance in this area, and desire to rules/sro.shtml). Copies of the prevent firms from expending 2. Statutory Basis submission, all subsequent unnecessary time and expense in amendments, all written statements The MSRB believes that the proposed registering as principals certain people with respect to the proposed rule rule change is consistent with section who may not need to be so registered. change that are filed with the 15B(b)(2)(C) of the Act,5 which provides Commission, and all written that the MSRB’s rules shall: III. Date of Effectiveness of the Proposed Rule Change and Timing for communications relating to the Be designed to prevent fraudulent and Commission Action proposed rule change between the manipulative acts and practices, to promote Commission and any person, other than just and equitable principles of trade, to The MSRB has designated this those that may be withheld from the foster cooperation and coordination with proposed rule change as constituting a public in accordance with the persons engaged in regulating, clearing, settling, processing information with respect stated policy, practice or interpretation provisions of 5 U.S.C. 552, will be to, and facilitating transactions in municipal with respect to the meaning, available for inspection and copying in securities, to remove impediments to and administration or enforcement of an the Commission’s Public Reference perfect the mechanism of a free and open existing MSRB rule under Section Room, 100 F Street, NE., Washington, market in municipal securities, and, in 19(b)(3)(A)(i) of the Act,7 and Rule 19b– DC 20549, on official business days general, to protect investors and the public 4(f)(1) thereunder,8 which renders the between the hours of 10 a.m. and 3 p.m. interest. Copies of such filing also will be The MSRB believes that delaying the 6 The MSRB believes that a notice should fully available for inspection and copying at implementation date of the recently address such questions and concerns. If, however, the principal office of the MSRB. All approved amendments to Rule G–27 the MSRB concludes that a notice is insufficient comments received will be posted and that further rulemaking is necessary, the MSRB will give brokers, dealers and municipal will file a separate rule change with the without change; the Commission does securities dealers the time needed to Commission. not edit personal identifying 7 15 U.S.C. 78s(b)(3)(A)(i). 5 15 U.S.C. 78o–4(b)(2)(C). 8 17 CFR 240.19b–4(f)(1). 9 See 15 U.S.C. 78s(b)(3)(C). VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54704 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices information from submissions. You II. Self-Regulatory Organization’s general, and with Section 6(b)(4) of the should submit only information that Statement of the Purpose of, and Act,6 in particular, in that the change you wish to make available publicly. All Statutory Basis for, the Proposed Rule provides for the equitable allocation of submissions should refer to File Change reasonable dues, fees and other charges Number SR–MSRB–2007–03 and should In its filing with the Commission, among members and issuers and other be submitted on or before October 17, Nasdaq included statements concerning persons using any facility or system 2007. the purpose of and basis for the which Nasdaq operates or controls. For the Commission, by the Division of proposed rule change and discussed any Nasdaq believes that the fee change Market Regulation, pursuant to delegated comments it received on the proposed reflects an allocation of fees that authority.10 rule change. The text of these statements recognizes the preference of some Florence E. Harmon, may be examined at the places specified market participants to use Nasdaq as Deputy Secretary. in Item IV below. Nasdaq has prepared their primary means of routing orders to [FR Doc. E7–18957 Filed 9–25–07; 8:45 am] summaries, set forth in Sections A, B, NYSE for execution. BILLING CODE 8010–01–P and C below, of the most significant B. Self Regulatory Organization’s aspects of such statements. Statement on Burden on Competition A. Self-Regulatory Organization’s Nasdaq does not believe that the SECURITIES AND EXCHANGE Statement of the Purpose of, and COMMISSION proposed rule change will result in any Statutory Basis for, the Proposed Rule burden on competition that is not Change [Release No. 34–56461; File No. SR– necessary or appropriate in furtherance NASDAQ–2007–077] 1. Purpose of the purposes of the Act, as amended. C. Self-Regulatory Organization’s Self-Regulatory Organizations; The Nasdaq is adding a new fee tier for Statement on Comments on the NASDAQ Stock Market LLC; Notice of orders routed to the New York Stock Proposed Rule Change Received From Filing and Immediate Effectiveness of Exchange (‘‘NYSE’’) through the Nasdaq Members, Participants or Others Proposed Rule Change To Modify Fees Market Center. The new tier recognizes for Members Using the Nasdaq Market that some market participants use Written comments on the proposed Center Nasdaq as a preferred means to route rule change were neither solicited nor orders to NYSE, but less frequently received. September 18, 2007. access liquidity on the Nasdaq book. Pursuant to Section 19(b)(1) of the Nevertheless, Nasdaq believes that III. Date of Effectiveness of the Securities Exchange Act of 1934 offering a modest price reduction for Proposed Rule Change and Timing for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 firms that make significant use of Commission Action notice is hereby given that on Nasdaq as a router is appropriate in The foregoing proposed rule change is September 4, 2007, The NASDAQ Stock light of the overall level of fees paid by filed pursuant to Section 19(b)(3)(A)(ii) Market LLC (‘‘Nasdaq’’) filed with the such firms. Specifically, the reduced fee of the Act 7 and subparagraph (f)(2) of Securities and Exchange Commission would apply to members with an Rule 19b–4 thereunder 8 because it (the ‘‘Commission’’) the proposed rule average daily volume in all securities establishes or changes a due, fee, or change as described in Items I, II, and during the month of more than 60 other charge applicable only to a III below, which Items have been million shares of liquidity routed to the member imposed by a self-regulatory substantially prepared by the Exchange. NYSE without attempting to execute in organization. Accordingly, the proposal The Exchange filed the proposed rule the Nasdaq Market Center in any is effective upon Commission receipt of change pursuant to Section 19(b)(3)(A) respect. Directed Intermarket Sweep the filing. At any time within 60 days of the Act 3 and Rule 19b–4(f)(2) Orders would not count toward the 60 of the filing of the proposed rule change, thereunder,4 which renders it effective million share requirement, nor would the Commission may summarily upon filing with the Commission. The orders that access only displayed quotes abrogate such rule change if it appears Commission is publishing this notice to in Nasdaq prior to routing. The fee for to the Commission that such action is solicit comments on the proposed rule routing to NYSE in such cases would be necessary or appropriate in the public change from interested persons. $0.0003 per share executed, which interest, for the protection of investors, compares favorably to fees of $0.000325 I. Self-Regulatory Organization’s or otherwise in furtherance of the and $0.00035 for firms that provide up purposes of the Act. Statement of the Terms of Substance of to 35 million shares of liquidity through the Proposed Rule Change Nasdaq (but which are higher than the IV. Solicitation of Comments Nasdaq proposes to modify pricing for fee of $0.000275 for firms providing Interested persons are invited to Nasdaq members using the Nasdaq more liquidity). Firms in the new tier submit written data, views, and Market Center. Nasdaq will implement would continue to pay a fee of $0.00035 arguments concerning the foregoing, this proposed rule change on September for Directed Intermarket Sweep Orders including whether the proposed rule 4, 2007. The text of the proposed rule and orders that access only displayed change is consistent with the Act. change is available at the Exchange’s size in Nasdaq, and 0.3% of the total Comments may be submitted by any of Web site, http:// transaction cost for routed orders in the following methods: www.nasdaq.complinet.com, the securities priced at less than $1 per Exchange and the Commission’s Public share. Electronic Comments • Reference Room. 2. Statutory Basis Use the Commission’s Internet comment form (http://www.sec.gov/ 10 17 CFR 200.30–3(a)(12). Nasdaq believes that the proposed rules/sro.shtml); or 1 15 U.S.C. 78s(b)(1). rule change is consistent with the 2 17 CFR 240.19b–4. provisions of Section 6 of the Act,5 in 6 15 U.S.C. 78f(b)(4). 3 15 U.S.C. 78s(b)(3)(A). 7 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2). 5 15 U.S.C. 78f. 8 17 CFR 240.19b–4(f)(2). VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54705 • Send an e-mail to rule- SECURITIES AND EXCHANGE the rule in its entirety because Nasdaq [email protected]. Please include File COMMISSION began trading all securities, including non-Nasdaq securities, on a single Number SR–NASDAQ–2007–077 on the [Release No. 34–56477; File No. SR– subject line. NASDAQ–2007–056] trading platform on February 12, 2007; thus, a pricing distinction for trading Paper Comments Self-Regulatory Organizations; The non-Nasdaq securities is not • Send paper comments in triplicate NASDAQ Stock Market LLC; Order appropriate. The Commission also believes that the remainder of Rule 7014 to Nancy M. Morris, Secretary, Granting Approval of Proposed Rule can be eliminated because the rule Securities and Exchange Commission, Change and Amendment No. 2 references obsolete practices or is 100 F Street, NE., Washington, DC Thereto, To Retroactively Modify Pricing for Nasdaq Members Using the duplicative of other Nasdaq rules. 20549–1090. Nasdaq Market Center It is therefore ordered, pursuant to All submissions should refer to File Section 19(b)(2) of the Act,6 that the Number SR–NASDAQ–2007–077. This September 20, 2007. proposed rule change (SR–NASDAQ– On June 1, 2007, The NASDAQ Stock file number should be included on the 2007–056) be, and it hereby is, Market LLC (‘‘Nasdaq’’) filed with the subject line if e-mail is used. To help the approved. Securities and Exchange Commission Commission process and review your (‘‘Commission’’), pursuant to Section For the Commission, by the Division of comments more efficiently, please use Market Regulation, pursuant to delegated 19(b)(1) of the Securities Exchange Act 7 only one method. The Commission will of 1934 (‘‘Act’’) 1 and Rule 19b–4 authority. post all comments on the Commission’s thereunder,2 a proposed rule change to Florence E. Harmon, Internet Web site (http://www.sec.gov/ make retroactive to February 12, 2007, Deputy Secretary. rules/sro.shtml). Copies of the certain modifications to Nasdaq’s fee [FR Doc. E7–18956 Filed 9–25–07; 8:45 am] submission, all subsequent schedule to address transition issues BILLING CODE 8010–01–P amendments, all written statements arising from its commencing operations with respect to the proposed rule as a national securities exchange. On change that are filed with the July 27, 2007, Nasdaq filed Amendment SECURITIES AND EXCHANGE Commission, and all written No. 1. On August 6, 2007, Nasdaq COMMISSION communications relating to the withdrew Amendment No. 1 and filed proposed rule change between the Amendment No. 2, which replaced the [Release No. 34–56471; File No. SR–OCC– Commission and any person, other than text of the original filing in its entirety. 2007–08] those that may be withheld from the The proposed rule change was Self-Regulatory Organizations; The public in accordance with the published for notice and comment in Options Clearing Corporation; Notice provisions of 5 U.S.C. 552, will be the Federal Register on August 15, 3 of Filing of a Proposed Rule Change available for inspection and copying in 2007. The Commission received no comments on the proposal. Relating to Binary Options the Commission’s Public Reference The Commission has carefully Room, 100 F Street, NE., Washington, reviewed the proposed rule change and September 19, 2007. DC 20549, on official business days finds that the proposed rule change is Pursuant to section 19(b)(1) of the between the hours of 10 a.m. and 3 p.m. consistent with the requirements of the Securities Exchange Act of 1934 Copies of such filing also will be Act and the rules and regulations (‘‘Act’’),1 notice is hereby given that on available for inspection and copying at thereunder applicable to a national June 28, 2007, The Options Clearing the principal office of Nasdaq. All securities exchange 4 and, in particular, Corporation (‘‘OCC’’) filed with the comments received will be posted the requirements of Section 6(b)(4) of Securities and Exchange Commission without change; the Commission does the Act,5 which requires that Nasdaq’s (‘‘Commission’’) the proposed rule not edit personal identifying rules provide for the equitable change as described in Items I, II, and information from submissions. You allocation of reasonable dues, fees and III below, which items have been should submit only information that other charges among its members and prepared primarily by OCC. The you wish to make available publicly. All issuers and other persons using its Commission is publishing this notice to submissions should refer to File facilities. With respect to Rule 7013, the solicit comments on the proposed rule Number SR–NASDAQ–2007–077 and Commission believes it is appropriate to change from interested persons. should be submitted on or before eliminate Tape A revenue sharing for I. Self-Regulatory Organization’s October 17, 2007. Nasdaq members trading non-Nasdaq Statement of the Terms of Substance of securities because this change restores the Proposed Rule Change For the Commission, by the Division of the status quo with respect to Tape A Market Regulation, pursuant to delegated revenue sharing that existed prior to The proposed rule change would authority.9 Nasdaq’s transition to exchange amend OCC’s By-Laws and Rules to Florence E. Harmon, operation on February 12, 2007. With permit OCC to clear and settle various Deputy Secretary. respect to Rule 7014, the Commission types of binary options, including [FR Doc. E7–18955 Filed 9–25–07; 8:45 am] believes that it is appropriate to delete ‘‘fixed return options’’ to be listed by BILLING CODE 8010–01–P the American Stock Exchange (‘‘Amex’’) 1 15 U.S.C. 78s(b)(1). and binary options on broad-based 2 17 CFR 240.19b–4. securities indexes proposed to be listed 3 See Securities Exchange Act Release No. 56228 by the Chicago Board Options Exchange (August 8, 2007), 72 FR 45848. (‘‘CBOE’’). 4 In approving this proposed rule change, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital 6 15 U.S.C. 78s(b)(2). formation. 15 U.S.C. 78c(f). 7 17 CFR 200.30–3(a)(12). 9 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78f(b)(4). 1 15 U.S.C. 78s(b)(1). VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54706 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices II. Self-Regulatory Organization’s by the Commission. In its capacity as a definition in Article XIV, Section 1 Statement of the Purpose of, and ‘‘derivatives clearing organization’’ which would recognize that binary Statutory Basis for, the Proposed Rule regulated by the Commodity Futures options will be settled by a fixed cash Change Trading Commission (‘‘CFTC’’), OCC payment. The exercise price of a binary In its filing with the Commission, may in the future propose to clear option is neither an amount that is paid OCC included statements concerning binary options that are commodity in exchange for an underlying interest the purpose of and basis for the options subject to the jurisdiction of the nor is it used to determine the exercise proposed rule change and discussed any CFTC. settlement amount as in the case of A binary option, other than a CDO or comments it received on the proposed other cash-settled options. In the case of CDBO, is in the money and will be rule change. The text of these statements a binary option other than a CDO or may be examined at the places specified automatically exercised if its underlying interest value, when measured against CDBO, the exercise price of a binary in Item IV below. OCC has prepared option is simply a defined value or summaries, set forth in sections (A), (B), its exercise price, is determined to meet the criteria for automatic exercise as range of values for the underlying and (C) below, of the most significant interest. If the underlying interest value aspects of such statements.2 specified in the Exchange Rules of the listing Exchange.6 For example, in the falls within the defined range at (A) Self-Regulatory Organization’s case of a ‘‘finish high fixed return expiration of such binary option, the Statement of the Purpose of, and option,’’ such option will be option will be automatically exercised; Statutory Basis for, the Proposed Rule automatically exercised and settled for a otherwise, the option will expire Change fixed amount of cash if its underlying unexercised. A CDO or CDBO is said to The purpose of the proposed rule interest value is above its exercise price have no exercise price. change is to permit OCC to clear and at expiration. In the case of a ‘‘finish OCC proposes to redefine the term settle binary options, including fixed low fixed return option,’’ such option ‘‘underlying interest’’ in Article XIV, will be automatically exercised and return options (‘‘FROs’’) to be listed and Section 1 so that it will apply to binary settled for a fixed amount of cash if its traded by Amex3 and binary options on options generally. In the case of a binary broad-based indexes proposed to be underlying interest value is below its exercise price at expiration. The rules option other than a CDO or CDBO, the listed and traded by CBOE.4 Binary underlying interest is the underlying options (sometimes referred to as proposed in this current filing for binary options are intended to be sufficiently security, securities, index, basket, or ‘‘digital’’ options) are all-or-nothing measure whose value is compared to options that pay a fixed amount if generic to be the basis for clearing binary options proposed to be listed by such option’s exercise price to exercised in the money and otherwise determine whether the option is in the pay nothing. Until recently, OCC did Amex and CBOE as well as other binary money and will be automatically not clear any binary options other than options in the future. By-Law and Rule Amendments exercised. In conjunction with the credit default options (‘‘CDOs’’) traded Applicable to Binary Options. In order revised definitions of ‘‘exercise price’’ on CBOE. CBOE and OCC recently were to provide a framework of rules that can granted approval for CBOE to trade and and ‘‘underlying interest,’’ OCC also accommodate clearance and settlement for OCC to clear related products called proposes to add a new defined term, of various kinds of binary option credit default basket options ‘‘underlying interest value,’’ to Article products, OCC proposes to broaden the (‘‘CDBOs’’).5 General characteristics of XIV, Section 1. When used with respect By-Law Article and Rule Chapter binary options, excluding features to a binary option other than a CDO or covering CDOs and CDBOs. unique to CDOs and/or CDBOs that CDBO, underlying interest value means were already described in OCC’s prior (1) Terminology—Article I, Section 1 the value or level of the unit of trading rule changes, are described below, and Article XIV, Section 1 of the underlying interest at any point followed by an explanation of the ‘‘Binary option’’ would be defined in in time as reported by the reporting specific rule changes being proposed by Article XIV, Section 1 of the By-Laws, authority. A new definition for the term OCC. and the definition would be cross- ‘‘unit of trading’’ would state ‘‘unit of Description of Binary Options. Binary referenced in Article I of the By-Laws. trading’’ when used with respect to a options are cash-settled options that The definitions of ‘‘option contract’’ binary option means the quantity of the have only two possible payoff outcomes, and ‘‘type of option’’ in Article I of the underlying interest on which the either a fixed exercise settlement By-Laws would be amended to include underlying interest value is based and is amount or nothing at all. They are a binary option. ordinarily a single share in the case of subject to automatic exercise. The OCC proposes to redefine the term binary options on individual equity underlying interest of a binary option ‘‘class’’ in Article XIV, Section 1 so that securities or one (1) In the case of binary may be one or more securities, an index it will apply to binary options generally. index options. The terms ‘‘unit of of securities, or some other measure; To be within the same class, binary trading’’ and ‘‘underlying interest however, OCC presently intends to clear options other than CDOs or CDBOs must value’’ would not be applicable to CDOs only binary options that are within the cover the same underlying interest and and CDBOs. definition of a ‘‘security’’ as determined have otherwise identical terms except for exercise price (if any) and expiration Other terms that were created or 2 The Commission has modified parts of these date. amended for CDOs and CDBOs will be statements. The definition of ‘‘exercise price’’ in modified to apply to binary options 3 Securities Exchange Act Release No. 56251 generally. (August 14, 2007), 72 FR 46523 (August 20, 2007) Article I would be replaced with respect (File No. SR–Amex–2004–27). to binary options with a revised (2) Terms of Cleared Contracts—Article 4 File No. SR–CBOE–2006–105. VI, Section 10(e) 5 Securities Exchange Act Release Nos. 56275 6 CDOs and CDBOs, on the other hand, do not (August 17, 2007), 72 FR 47097 (August 22, 2007) have exercise prices. A CDO or CDBO will be Paragraph (e) of Article VI, Section 10 (File No. SR–CBOE–2007–026) and 56288 (August deemed to be in the money and will be 20, 2007), 72 FR 49034 (August 27, 2007) (File No. automatically exercised if a credit event occurs at would be further amended to apply to SR–OCC–2007–06). any time prior to the last day of trading. binary options generally. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54707 (3) General Rights and Obligations— Article XIV, Section 3A(b) would OCC is not proposing to accept Article XIV, Section 2B govern adjustments of binary options for escrow deposits in lieu of clearing Article XIV, Section 2B would define which the underlying interest is an margin for binary options. Therefore, the general rights and obligations of index of equity securities and would be Rule 1506 would state that Rule 610, holders and writers of binary options similar to Article XVII, Section 3, which which otherwise would permit such other than CDOs or CDBOs. As noted governs index options, with appropriate deposits, does not apply to binary above, the holder of a binary option that modifications to reflect unique features options. of binary options. For instance, because is automatically exercised would have (7) Acceleration of Expiration Date— binary options do not have an index the right to receive the fixed exercise Rule 1507(d) settlement amount from OCC, and the multiplier, the Securities Committee This new provision would accelerate assigned writer would have the would generally adjust the exercise the expiration date of a binary option obligation to pay that amount to OCC. price of a binary option of which the underlying interest is an index of equity other than a CDO or CDBO when OCC (4) Adjustments of Binary Options Other securities to get the appropriate result. determines in its discretion that the than CDOs or CDBOs—Article XIV, Article XIV, Section 5, would give underlying interest value of such option Section 3A; Unavailability or Inaccuracy OCC the authority to fix the underlying has become fixed prior to the expiration of Final Underlying Interest Value— interest value for a binary option other of the option (e.g., where the equity Article XIV, Section 5; Determination of than a CDO or CDBO and to rely on that security underlying a binary option has Final Underlying Interest Value— value for determining whether such been converted by a merger into the Article XIV, Section 6 binary option would be exercised under right to receive a fixed amount of cash). Article XIV, Section 3A would circumstances similar to those in which If the option is out of the money, it describe the methods by which binary OCC may currently fix the exercise would expire unexercised. Otherwise, it options other than CDOs or CDBOs settlement amount for index options. would be automatically exercised. The proposed changes to OCC’s By- generally will be adjusted if adjustments Article XIV, Section 6 would provide, Laws and Rules are consistent with the are deemed to be necessary. Special in essence, that the underlying interest purposes and requirements of Section adjustment rules are needed because of value of a series of binary options at 17A of the Act because they are the fixed, cash-settlement feature of expiration, other than CDOs or CDBOs, designed to promote the prompt and binary options. For instance, under would be determined by the Exchange accurate clearance and settlement of Article VI, Section 11A(d), which or Exchanges on which such series is transactions in, including exercises of, governs adjustment of other equity traded subject to any overriding binary options, and to foster cooperation options, if there is a stock dividend, provision of OCC’s By-Laws and Rules. and coordination with persons engaged distribution, or split whereby a whole If a series of options is traded on more in the clearance and settlement of such number of shares of the underlying than one Exchange, OCC could use the transactions, to remove impediments to security is issued for each outstanding underlying interest value received from and perfect the mechanism of a national share, the exercise price is the Exchange deemed by OCC to be the system for the prompt and accurate proportionately reduced, and the principal Exchange, or OCC could clearance and settlement of such number of option contracts is increased employ a procedure to derive a single transactions, and in general to protect by the number of shares issued with value based on some or all of the values investors and the public interest. The respect to each share of the underlying received. proposed rule change accomplishes this security. This adjustment would be (5) Exercise and Settlement—Chapter purpose by applying substantially the inappropriate for binary options for XV of the Rules and Rule 801 same rules and procedures to these which the underlying interest is an transactions as OCC applies to similar equity security. For example, an XYZ Binary options would not be subject transactions in other cash-settled option with an exercise price of $50 to the exercise-by-exception procedures options except to the extent that special would be adjusted to become two XYZ applicable to most other options under rules and procedures are required in options, each with an exercise price of OCC’s Rules but would instead be order to accommodate unique features $25. Because the fixed exercise automatically exercised prior to or at of binary options. settlement amount of a binary option is expiration if the specified criterion for intended to remain at $100, this exercise is met. The procedures for the (B) Self-Regulatory Organization’s adjustment would increase the total automatic exercise of binary options, as Statement on Burden on Competition payout upon exercise to $200. To avoid well as assignment and settlement of OCC does not believe that the this result, Article XIV, Section 3A(a)(4) exercises (including provisions proposed rule change would impose any would provide that the number of applicable to a suspended Clearing burden on competition. option contracts would not Member), would be set forth in Rules proportionally increase and only the 1501 through 1505 of new Chapter XV (C) Self-Regulatory Organization’s exercise price would be adjusted. The and in revised Rule 801(b). Statement on Comments on the other provisions of Article XIV, Section Proposed Rule Change Received From (6) Margin Requirements—Rule 601; 3A are similar to Article VI, Section Members, Participants, or Others Deposits in Lieu of Margin—Rule 1506 11A, with appropriate modifications for Written comments were not and are binary options. In order to maintain OCC would margin binary options not intended to be solicited with respect consistency with adjustment policies for through its usual ‘‘STANS’’ system. to the proposed rule change and none physically settled stock options where STANS has been modified to have been received. such consistency is appropriate, certain accommodate the particular binary changes in the treatment of dividends options to be traded by Amex and the III. Date of Effectiveness of the that were proposed in SR–OCC–2006– binary index product currently Proposed Rule Change and Timing for 01 to become effective at a future date, proposed by CBOE. CDOs and CDBOs Commission Action will become effective on the same date will be margined as described in the Within thirty-five days of the date of for binary options on single stocks. applicable rule filings cited above. publication of this notice in the Federal VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54708 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Register or within such longer period (i) comments received will be posted have engaged in proliferation activities As the Commission may designate up to without change; the Commission does that warrant the imposition of measures ninety days of such date if it finds such not edit personal identifying pursuant to Executive Order 12938 of longer period to be appropriate and information from submissions. You November 14, 1994, as amended by publishes its reasons for so finding or should submit only information that Executive Order 13094 of July 28, 1998 (ii) as to which the self-regulatory you wish to make available publicly. All and Executive Order 13382 of June 28, organization consents, the Commission submissions should refer to File 2005. will: Number SR–OCC–2007–08 and should DATES: Effective Date: September 26, (A) By order approve the proposed be submitted on or before October 17, 2007. rule change or 2007. (B) Institute proceedings to determine FOR FURTHER INFORMATION CONTACT: On whether the proposed rule change For the Commission by the Division of general issues: Pam Durham, Office of Market Regulation, pursuant to delegated should be disapproved. Missile Threat Reduction, Bureau of authority.7 International Security and IV. Solicitation of Comments Florence E. Harmon, Nonproliferation, Department of State Interested persons are invited to Deputy Secretary. (202–647–4931). On import ban issues, submit written data, views, and [FR Doc. E7–18963 Filed 9–25–07; 8:45 am] Rochelle Stern, Director Policy Planning arguments concerning the foregoing, BILLING CODE 8010–01–P and Program Management, Office of including whether the proposed rule Foreign Assets Control, Department of change is consistent with the Act. the Treasury (202–622–2500). On U.S. Comments may be submitted by any of DEPARTMENT OF STATE Government procurement ban issues: the following methods: Gladys Gines, Office of the Procurement [Public Notice 5942] Executive, Department of State (703– Electronic Comments 516–1691). • Bureau of International Security and Use the Commission’s Internet Nonproliferation; Determination Under SUPPLEMENTARY INFORMATION: Pursuant comment form (http://www.sec.gov/ the Arms Export Control Act to the authorities vested in the President rules/sro.shtml) or by the Constitution and the laws of the • Send an e-mail to rule- AGENCY: Department of State. United States of America, including the [email protected]. Please include File ACTION: Notice. International Emergency Economic Number SR–OCC–2007–08 on the Powers Act (50 U.S.C. 170, et seq.) subject line. Pursuant to Section 654(c) of the (IEEPA), the National Emergencies Act Foreign Assistance Act of 1961, as Paper Comments (50 U.S.C. 1601, et seq.), the Arms amended, notice is hereby given that the • Export Control Act (22 U.S.C. 2751, et Send paper comments in triplicate Assistant Secretary of State for seq.), and Section 301 of title 3, United to Nancy M. Morris, Secretary, International Security and States Code, and Executive Order 12938 Securities and Exchange Commission, Nonproliferation has made a of November 14, 1994, as amended, the 100 F Street, NE., Washington, DC determination pursuant to Section 73 of U.S. Government determined that the 20549–1090. the Arms Export Control Act and has following Iranian entities and North All submissions should refer to File concluded that publication of the Korean entity have engaged in Number SR–OCC–2007–08. This file determination would be harmful to the proliferation activities that warrant the number should be included on the national security of the United States. imposition of measures pursuant to subject line if e-mail is used. To help the Dated: September 20, 2007. sections 4(b), 4(c), and 4(d) of Executive Commission process and review your John C. Rood, Order 12938: comments more efficiently, please use Aerospace Industries Organization (AIO), only one method. The Commission will Assistant Secretary of State for International Security and Nonproliferation, Department of (Iran). post all comments on the Commission’s State. Shahid Hemmat Industrial Group (SHIG), Internet Web site (http://www.sec.gov/ [FR Doc. E7–19000 Filed 9–25–07; 8:45 am] (Iran). rules/sro.shtml). Copies of the Korea Mining and Development Corporation submission, all subsequent BILLING CODE 4710–27–P (KOMID), (North Korea). amendments, all written statements Accordingly, pursuant to the with respect to the proposed rule DEPARTMENT OF STATE provisions of Executive Order 12938, change that are filed with the the following measures are imposed on Commission, and all written [Public Notice 5943] these entities, their subunits, and communications relating to the successors for two years: proposed rule change between the Bureau of International Security and Nonproliferation; Imposition of 1. All departments and agencies of the Commission and any person, other than United States Government shall not those that may be withheld from the Nonproliferation Measures on Two Iranian Entities and a North Korean procure or enter into any contract for public in accordance with the the procurement of any goods, provisions of 5 U.S.C. 552, will be Entity, Including a Ban on U.S. Government Procurement technology, or services from these available for inspection and copying in entities including the termination of the Commission’s Public Reference AGENCY: Bureau of International existing contracts; Section, 100 F Street, NE., Washington, Security and Nonproliferation, 2. All departments and agencies of the DC 20549, on official business days Department of State. United States government shall not between the hours of 10 a.m. and 3 p.m. ACTION: Notice. provide any assistance to these entities, Copies of such filing also will be and shall not obligate further funds for available for inspection and copying at SUMMARY: The U.S. Government has such purposes; the principal office of OCC and on determined that three foreign entities 3. The Secretary of the Treasury shall OCC’s Web site at http:// prohibit the importation into the United www.optionsclearing.com. All 7 17 CFR 200.30–3(a)(12). States of any goods, technology, or VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54709 services produced or provided by these FOR FURTHER INFORMATION CONTACT: Pam missile equipment or technology and all entities, other than information or Durham, Office of Missile Threat activities of the North Korean informational materials within the Reduction, Bureau of International government affecting the development meaning of section 203(b)(3) of the Security and Nonproliferation, or production of electronics, space International Emergency Economic Department of State (202–647–4931). On systems or equipment, and military Powers Act (50 U.S.C. 1702(b)(3)). import ban issues, Rochelle Stern, aircraft: These measures shall be implemented Director Policy Planning and Program (A) Denial of all new individual by the responsible departments and Management, Office of Foreign Assets licenses for the transfer to the agencies as provided in Executive Order Control, Department of the Treasury government activities described above 12938. (202–622–2500). On U.S. Government of all items on the U.S. Munitions List; In addition, pursuant to section procurement ban issues, Gladys Gines, and, 126.7(a)(1) of the International Traffic in Office of the Procurement Executive, (B) Denial of all U.S. Government Arms Regulations, it is deemed that Department of State (703–516–1621). contracts with the government activities suspending the above-named entities SUPPLEMENTARY INFORMATION: Pursuant described above; and from participating in any activities to Section 73(a)(1) of the Arms Export (C) Prohibition on the importation subject to Section 38 of the Arms Export Control Act (22 U.S.C. 2797b(a)(1)); into the U.S. of all products produced Control Act would be in furtherance of Section 11B(b)(1) of the Export by the government activities described the national security and foreign policy Administration Act of 1979 (50 U.S.C. above. of the United States. Therefore, for two app. 2410b(b)(1)), as carried out under These measures shall be implemented years, the Department of State is hereby Executive Order 13222 of August 17, by the responsible departments and suspending all licenses and other 2001 (hereinafter cited as the ‘‘Export agencies of the United States approvals for: (a) Exports and other Administration Act of 1979’’); and Government as provided in Executive transfers of defense articles and defense Executive Order 12851 of June 11, 1993; Order 12851 of June 11, 1993. services from the United States; (b) the U.S. Government determined on Dated: September 20, 2007. transfers of U.S.-origin defense articles September 18, 2007 that the following John C. Rood, and defense services from foreign foreign person had engaged in missile Assistant Secretary of State for International destinations; and (c) temporary import technology proliferation activities that Security and Nonproliferation, Department of of defense articles to or from the above- require the imposition of the sanctions State. named entities. described in Sections 73(a)(2)(B) and (C) [FR Doc. E7–18994 Filed 9–25–07; 8:45 am] Moreover, it is the policy of the of the Arms Export Control Act (22 BILLING CODE 4710–27–P United States to deny licenses and other U.S.C. 2797b(a)(2)(B) and (C)) and approvals for exports and temporary Sections 11B(b)(1)(B)(ii) and (iii) of the imports of defense articles and defense Export Administration Act of 1979 (50 DEPARTMENT OF TRANSPORTATION services destined for these entities. U.S.C. app. 2410b(b)(1)(B)(ii) and (iii)) Dated: September 20, 2007. on this person: Federal Aviation Administration John C. Rood, Korea Mining and Development Corporation Commercial Space Transportation Assistant Secretary of State for International (KOMID) (North Korea) and its sub-units Advisory Committee Working Group— and successors. Security and Nonproliferation, Department of Meeting Notice State. Accordingly, the following sanctions [FR Doc. E7–18997 Filed 9–25–07; 8:45 am] are being imposed on this person for AGENCY: Federal Aviation BILLING CODE 4710–27–P two years: Administration (FAA), DOT. (A) Denial of all new individual ACTION: Notice of Commercial Space licenses for the transfer to the Transportation Advisory Committee DEPARTMENT OF STATE sanctioned entity of all items on the Reusable Launch Vehicle Working U.S. Munitions List and all items the Group Telephone Conference. [Public Notice 5944] export of which is controlled under the Export Administration Act; and, SUMMARY: Pursuant to Section 10(a)(2) of Bureau of International Security and (B) Denial of all U.S. Government the Federal Advisory Committee Act Nonproliferation; Imposition of Missile contracts with the sanctioned entity; (Pub. L. 92–463, 5 U.S.C. App. 2), and Proliferation Sanctions Against a North and 5 U.S.C. 552b(c), notice is hereby given Korean Entity (C) Prohibition on the importation of a telephone conference for the into the U.S. of all products produced Reusable Launch Vehicle Working AGENCY: Bureau of International by the sanctioned entity. Group (RLVWG) of the Commercial Security and Nonproliferation, With respect to items controlled Space Transportation Advisory Department of State. pursuant to the Export Administration Committee (COMSTAC). The main issue ACTION: Notice. Act of 1979, the above export sanction for discussion will be the formation of only applies to exports made pursuant a group within the RLVWG to examine SUMMARY: A determination has been to individual export licenses. training standards for crew and space made that a North Korean entity has Additionally, because North Korea is flight participants. The telephone engaged in activities that require the a country with a non-market economy conference will take place on Friday, imposition of measures pursuant to the that is not a former member of the October 5, 2007 starting at 9:30 Eastern Arms Export Control Act, as amended, Warsaw Pact (as referenced in the Daylight Time. For the call-in telephone and the Export Administration Act of definition of ‘‘person’’ in section number and the passcode, contact the 1979, as amended (as carried out under 74(8)(B) of the Arms Export Control Contact Person listed below. Executive Order 13222 of August 17, Act), the following sanctions shall be FOR FURTHER INFORMATION CONTACT: 2001). applied for two years to all activities of Brenda Parker (AST–100), FAA Office of DATES: Effective Date: September 26, the North Korean government relating to Commercial Space Transportation 2007. the development or production of (AST), 800 Independence Avenue, SW., VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54710 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Room 331, Washington, DC 20591, • All Day, CDTI Subgroup, Hilton- DEPARTMENT OF TRANSPORTATION telephone (202) 267–3674; e-mail: ATA Room. [email protected]. • October 5: Federal Aviation Administration Issued in Washington, DC, September 19, • Working Groups May Meet After RTCA Program Management 2007. the Plenary Adjourns. Committee Patricia G. Smith, • Opening Plenary Session (Welcome Associate Administrator for Commercial and Introductory Remarks, review of AGENCY: Federal Aviation Space Transportation. meeting agenda). Administration (FAA), DOT. [FR Doc. E7–18932 Filed 9–25–07; 8:45 am] ACTION: Notice of RTCA Program • Review/Approval of the Forty-First BILLING CODE 4910–13–P Management Committee meeting. Meeting Summary, RTCA Paper No. 219–07/SC186–252. SUMMARY: The FAA is issuing this notice DEPARTMENT OF TRANSPORTATION • Date, Place, and Time of Next to advise the public of a meeting of the Meeting. RTCA Program Management Committee. Federal Aviation Administration • FAA Surveillance and Broadcast DATES: The meeting will be held Services (SBS) Program—Status. October 11, 2007 starting at 9 a.m. Forty-Second Meeting, RTCA Special • ADDRESSES: The meeting will be held at Committee 186 Automatic Dependent Review proposed TORs for Working RTCA, Inc., 1828 L Street, NW., Suite Surveillance-Broadcast (ADS–B) Groups. • Working Group Reports. 805, Washington, DC 20036. AGENCY: Federal Aviation • WG–1—Operations and FOR FURTHER INFORMATION CONTACT: Administration (FAA), DOT. Implementation. RTCA Secretariat, 1828 L Street, NW., ACTION: Notice of RTCA Special • Suite 850, Washington, DC 20036; Committee 186 Automatic Dependent WG–2—TIS–B MASPS. telephone (202) 833–9339; fax (202) Surveillance-Broadcast (ADS–B) • WG–3—1090 MHz MOPS. 833–9434; Web site http://www.rtca.org. meeting. • WG–4—Applications Technical SUPPLEMENTARY INFORMATION: Pursuant Requirements. to section 10(a)(2) of the Federal SUMMARY: The FAA is issuing this notice • Advisory Committee Act (Pub. L. 92– to advise the public of a meeting of WG–5—UAT MOPS. 463, 5 U.S.C., Appendix 2), notice is RTCA Special Committee 186 • RFG—Requirements Focus Group. hereby given for a Program Management Automatic Dependent Surveillance- Closing Plenary Session (New/Other Committee meeting. The agenda will Broadcast (ADS–B). Business, Review Actions Items/Work include: DATES: The meeting will be held Program, Adjourn). • October 11: October 2–5, 2007, at 9 a.m. (Unless • NOTE: • Opening Session (Welcome and Otherwise noted). • AD—Application Development. Introductory Remarks, Review/Approve ADDRESSES: The meeting will be held at • ASAS—Aircraft Surveillance Summary of June 26 Meeting, Paper No. RTCA, Inc., 1828 L Street, NW., Suite Applications System. 171–07/PMC–554). 805, Washington, DC 20036. • Publication Consideration/ • ASSAP—Airborne Surveillance & FOR FURTHER INFORMATION CONTACT: (1) Approval: Separation Assurance Processing. RTCA Secretariat (Hal Moses), 1828 L • Final Draft, New Document, Safety • Street, NW., Suite 805, Washington, DC CDTI—Cockpit Display of Traffic and Performance Standard for Air 20036, (202) 833–9339; fax (202) 833– Information. Traffic Data Link Services in Oceanic 9434; Web site http://www.rtca.org. • MASPS—Minimum Aviation and Remote Airspace (Oceanic SPR SUPPLEMENTARY INFORMATION: Pursuant System Performance Standards. Standard), RTCA Paper No. 216–07/ to section 10(a)(2) of the Federal • MOPS—Minimum Operational PMC–559, prepared by SC–189. • Advisory Committee Act (Pub. L. 92– Performance Standards. Final Draft, Revised DO–286A, 463, 5 U.S.C., Appendix 2), notice is • NRA—Non-Radar Airspace. Minimum Aviation System Performance hereby given for a Special Committee • Standards (MASPS) for Traffic RFG—Requirements Focus Group. Information Service—Broadcast (TIS–B), 186 meeting. The agenda will include: • • October 2: STP—Surveillance Transmit RTCA Paper No. 228–07/PMC–562, • All Day, ASSAP Subgroup, Processing. prepared by SC–186. MacIntosh-NBAA Room. Attendance is open to the interested • Final Draft, New Document, • All Day, CDTI Subgroup, Hilton- public but limited to space availability. Aircraft Design and Certification for ATA Room. With the approval of the chairmen, Portable Electronic Device (PED) • October 3: members of the public may present oral Tolerance, RTCA Paper No. 229–07/ • All Day—Working Group 1— statements at the meeting. Persons PMC–563, prepared by SC–202. Operations and Implementation, Surface wishing to present statements or obtain • Discussion: Alerting. Activity, Colson Board Room. information should contact the person • SC–186—Automatic Dependent • All Day, ASSAP Subgroup, listed in the ‘FOR FURTHER INFORMATION Surveillance-Broadcast (ADS–B)- MacIntosh-NBAA Room. CONTACT’ section. Members of the public Discussion. • All Day, CDTI Subgroup, Hilton- may present a written statement to the • Revised Terms of Reference. • ATA Room. committee at any time. SC–210—Cabin Management • October 4: Systems-Discussion. • All Day—Working Group 1— Issued in Washington, DC, on September • Revised Terms of Reference. Operations and Implementation, Surface 12, 2007. • Special Committee Chairman’s Alerting Discussion, Colson Board Francisco Estrada C., Reports. Room. RTCA Advisory Committee. • Action Item Review: • All Day, ASSAP Subgroup, [FR Doc. 07–4725 Filed 9–25–07; 8:45 am] • SC–147—Traffic Alert & Collision MacIntosh-NBAA Room. BILLING CODE 4940–13–M Avoidance System-Discussion. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54711 • PMC Ad Hoc Subgroup—Status period on the ICR. One comment was FMCSA, in a final rule entitled, Review. received. ‘‘Minimum Training Requirements for • SC–203—Unmanned Aircraft DATES: Please send your comments by Longer Combination Vehicle (LCV) Systems (UAS)-Discussion-Status October 26, 2007. OMB must receive Operators and LCV Driver-Instructor Review. Requirements,’’ adopted implementing • your comments by this date in order to PMC Ad Hoc Subgroup—Report. act quickly on the ICR. regulations for minimum training • SC–205—Software Considerations- requirements for the operators of LCVs ADDRESSES: You may submit comments Discussion-Status Review. (69 FR 16722). to the Office of Information and • Closing Session (Other Business, The 2004 final rule created an Regulatory Affairs, Office of Document Production, Date and Place of information collection burden Management and Budget, 725 Next Meeting, Adjourn). concerning the certification of new, Seventeenth Street, NW., Washington, Attendance is open to the interested current and non-grandfathered LCV DC 20503, Attention: DOT/FMCSA Desk public but limited to space availability. drivers, as well as the certification of Officer. With the approval of the chairmen, LCV driver-instructors. The members of the public may present oral FOR FURTHER INFORMATION CONTACT: implementing regulations define an LCV statements at the meeting. Persons Robert F. Schultz, Jr., Transportation as any combination of a truck-tractor wishing to present statements or obtain Specialist, FMCSA, Telephone: 202– and two or more semi-trailers or trailers, information should contact the person 366–2718; e-mail: [email protected]. which operate on the National System listed in the ‘FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: of Interstate and Defense Highways (as CONTACT’ section. Members of the public Title: Training Certification for defined in 23 CFR 470.107) with a gross may present a written statement to the Drivers of Longer Combination Vehicles. vehicle weight greater than 80,000 committee at any time. OMB Control Number: 2126–0026. pounds (49 CFR 380.105). The purpose Type of Request: Revision of a of this rule is to enhance the safety of Issued in Washington, DC, on September currently-approved information LCV operations on our nation’s 12, 2007. collection. highways. Francisco Estrada C., Respondents: Drivers who have Drivers are required to present the RTCA Advisory Committee. completed the required LCV training training certificate to prospective [FR Doc. 07–4726 Filed 9–25–07; 8:45 am] and driver instructors responsible for employers to prove they are certified to BILLING CODE 4910–13–M conducting the required LCV training. drive LCVs. Motor carriers must not Estimated Number of Respondents: allow drivers to operate LCVs without 1,200 drivers who complete the required ensuring the drivers have been properly DEPARTMENT OF TRANSPORTATION LCV training each year; 6 driver trained in accordance with the instructors who must document their requirements of 49 CFR part 380. Motor Federal Motor Carrier Safety qualifications to train new LCV drivers. carriers must maintain a copy of the Administration Estimated Time per Response: 10 LCV training certification form in the minutes for LCV drivers; 10 to 15 [Docket No. FMCSA–2007–28416] driver qualification file (49 CFR minutes for various LCV instructors. 380.401(b)). Motor carriers must be able Agency Information Collection Expiration Date: September 30, 2007. to show Federal or State enforcement Activities; Revision of an Approved Frequency of Response: Annual. officials that drivers responsible for Information Collection: Training Estimated Total Annual Burden: 203 operating such LCVs are certified to do Certification for Drivers of Longer hours. The FMCSA estimates that 10 so, based on the training certificate in Combination Vehicles minutes would be needed for newly the driver qualification file. certified LCV drivers to fulfill the On June 28, 2007 (72 FR 35537), AGENCY: Federal Motor Carrier Safety information collection requirement, FMCSA published a Federal Register Administration (FMCSA), DOT. resulting in an annual information notice allowing for a 60-day comment ACTION: Notice; request for information. collection burden of 200 hours [1,200 period on the ICR. One comment was LCV drivers × 10 minutes/60 minutes = received. The commenter was a truck SUMMARY: In accordance with the 200 hours]. The estimated annual driver who pointed out that the skills of Paperwork Reduction Act of 1995, burden associated with instructor a truck driver are best learned by FMCSA announces its plan to submit certification would be 3 burden hours experience, not formal training. He also the Information Collection Request (ICR) [(2 classroom instructors × 10 minutes = pointed out that the motor carrier is described below to the Office of 20 minutes) + (4 skills instructors × 15 required to check the safety history of a Management and Budget (OMB) for minutes = 60 minutes) + (6 new new employee, and that such an review and approval. The ICR is titled, instructors × 15 minutes administrative analysis will be more helpful in ‘‘Training Certification for Drivers of burden per instructor certification = 90 evaluating the skill level of a driver than Longer Combination Vehicles (LCVs).’’ minutes) = 170 minutes/60 minutes = 3 a certificate certifying participation in This ICR is necessary because the burden hours]. the requisite training. The commenter training certificate serves as proof that a Background: Section 4007(b) of the did not discuss the information driver has successfully completed the Motor Carrier Act of 1991 (Title IV of collection aspects of the LCV rules. training required before he or she may the Intermodal Surface Transportation Public Comments Invited: You are operate an LCV on the Nation’s Efficiency Act of 1991 (ISTEA), Public asked to comment on any aspect of this highways. The hiring motor carrier is Law 102–240, 105 Stat. 1914, 2152; 49 information collection, including: (1) required to maintain a copy of the U.S.C. 31307) required the Secretary of Whether the proposed collection is training certificate in the LCV driver’s Transportation to establish Federal necessary for the performance of qualification file. The document is minimum training requirements for FMCSA’s functions; (2) the accuracy of subject to review by Federal or State drivers of LCVs. The responsibility for the estimated burden; (3) ways for the enforcement officials. On June 28, 2007, implementing the statutory requirement FMCSA to enhance the quality, FMCSA published a Federal Register was subsequently delegated to FMCSA usefulness, and clarity of the collected notice allowing for a 60-day comment (49 CFR 1.73). On March 30, 2004, the information; and (4) ways that the VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54712 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices burden could be minimized without W12–140, 1200 New Jersey Avenue, SE., Title: Household Goods Consumer reducing the quality of the collected Washington, DC 20590 between 9 a.m. Information Program Assessment Study. information. and 5 p.m., e.t., Monday through Friday, OMB Control Number: 2126-xxxx. Issued on: September 21, 2007. except Federal holidays. Type of Request: New collection. Respondents: Public/consumers who Mary Powers-King, Docket: For access to the Docket Management System (DMS) to read have moved household goods from one Acting Associate Administrator for Research State to a different State throughout the and Information Technology. background documents or comments U.S. (Interstate Household Goods [FR Doc. E7–19016 Filed 9–25–07; 8:45 am] received, go to http://dms.dot.gov at any time or to the U.S. Department of Shippers). BILLING CODE 4910–EX–P Transportation, Docket Operations, M– Estimated Number of Respondents: 30, West Building Ground Floor, Room 1,500. DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue, SE., Estimated Time per Response: The Washington, DC 20590 between 9 a.m. estimated average burden per response Federal Motor Carrier Safety and 5 p.m., e.t., Monday through Friday, is 15 minutes. Administration except Federal holidays. The DMS is Expiration Date: N/A. available electronically 24 hours each Frequency of Response: This [Docket No. FMCSA–2007–28618] day, 365 days each year. If you want information collection will occur twice within the effective period of the OMB Agency Information Collection notification of receipt of your clearance; once in the current year and Activities; New Information Collection: comments, please include a self- once again two years following the Household Goods Consumer addressed stamped envelope or postcard initial data collection. Information Program Assessment or print the acknowledgement page that Estimated Total Annual Burden: 375 Study appears after submitting comments on- line. [1,500 respondents × 15 minutes/60 AGENCY: Federal Motor Carrier Safety Privacy Act: Anyone is able to search minutes per response = 375]. Administration (FMCSA), DOT. the electronic form of all comments Public Comments Invited: Interested ACTION: Notice and request for received into any of our dockets by the parties are invited to send comments comments. name of the individual submitting the regarding any aspect of this information comment (or signing the comment, if collection, including but not limited to: SUMMARY: In accordance with the submitted on behalf of an association, (1) Whether the proposed collection is Paperwork Reduction Act of 1995, business, labor union, etc.). You may necessary for the performance of FMCSA announces its plan to submit review DOT’s complete Privacy Act FMCSA’s functions; (2) the accuracy of the Information Collection Request (ICR) Statement in the Federal Register on the estimated burden; (3) ways for described below to the Office of April 11, 2000 (65 FR 19477), or you FMCSA to enhance the quality, Management and Budget (OMB) for its may visit http://dms.dot.gov. usefulness, and clarity of the collected review and approval and invites public information; and (4) ways that the comment. This proposed ICR will be FOR FURTHER INFORMATION CONTACT: Mr. burden could be minimized without used to collect information on recent Brian Ronk, Office of Outreach and reducing the quality of the collected interstate household goods shippers’ Development, Department of information. Comments submitted in (consumers) awareness of the Transportation, Federal Motor Carrier response to this notice will be Household Goods (HHG) Consumer Safety Administration, 1200 New Jersey summarized and/or included in the Information Program messages and Avenue, SE., Washington, DC 20590. request for OMB’s clearance for this activities. This information collection Telephone: (202) 366–1072, or e-mail information collection. [email protected]. will establish a baseline assessment of Issued on: September 21, 2007. the Program’s activities and aid FMCSA SUPPLEMENTARY INFORMATION: Terry Shelton, in developing future Household Goods Background: The purpose of this education and outreach initiatives by Associate Administrator for Research and study is to quantify and assess Information Technology. surveying and examining consumer consumer awareness of the Household awareness of the ‘‘Protect Your Move’’ [FR Doc. E7–19017 Filed 9–25–07; 8:45 am] Goods (HHG) Consumer Information BILLING CODE 4910–EX–P campaign and other HHG messages. Program. The study will determine the DATES: We must receive your comments interstate moving public’s recognition or on or before November 26, 2007. knowledge of the Program’s activities or DEPARTMENT OF TRANSPORTATION ADDRESSES: You may submit comments messages, such as the ‘‘Protect Your identified by any of the following Move’’ campaign. The data will be Federal Motor Carrier Safety methods. Please identify your comments collected through a telephone survey. Administration by the FMCSA Docket Number FMCSA– Results of the study will not be 2007–28618. published, but used for internal research Sunshine Act Meetings; Unified Carrier • Web site: http://dms.dot.gov. purposes by FMCSA in developing Registration Plan Board of Directors Follow instructions for submitting future HHG campaign materials, AGENCY: Federal Motor Carrier Safety comments to the Docket. identifying target audiences, and • Fax: 202–493–2251. determining distribution strategies to Administration (FMCSA), DOT. • Mail: U.S. Department of provide better consumer information to TIME AND DATE: November 1, 2007, 11 Transportation, Docket Operations, M– the public. It will also serve as a a.m. to 2 p.m., Eastern Daylight Time. 30, West Building Ground Floor, Room baseline for future program evaluations PLACE: This meeting will take place W12–140, 1200 New Jersey Avenue, SE., or assessments. A follow-up telephone telephonically. Any interested person Washington, DC 20590. survey will be conducted two years after may call Mr. Avelino Gutierrez at (505) • Hand Delivery: U.S. Department of the initial data collection and compared 827–4565 to receive the toll free number Transportation, Docket Operations, M– against the results from the baseline and pass code needed to participate in 30, West Building Ground Floor, Room assessment. this meeting by telephone. VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54713 STATUS: Open to the public. revised at 44 U.S.C. 3501–3520), and its Annual Estimated Burden: 238,704 MATTERS TO BE CONSIDERED: The Unified implementing regulations, 5 CFR part hours. Carrier Registration Plan Board of 1320, require Federal agencies to issue Addressee: Send comments regarding Directors (the Board) will continue its two notices seeking public comment on these information collections to the work in developing and implementing information collection activities before Office of Information and Regulatory the Unified Carrier Registration Plan OMB may approve paperwork packages. Affairs, Office of Management and and Agreement and to that end, may 44 U.S.C. 3506, 3507; 5 CFR 1320.5, Budget, 725 Seventeenth Street, NW., consider matters properly before the 1320.8(d)(1), 1320.12. On July 20, 2007, Washington, DC 20503; Attention: FRA Board. FRA published a 60-day notice in the Desk Officer. Federal Register soliciting comment on Comments are invited on the FOR FURTHER INFORMATION CONTACT: Mr. ICRs that the agency was seeking OMB following: Whether the proposed Avelino Gutierrez, Chair, Unified approval. 72 FR 39886. FRA received no collections of information are necessary Carrier Registration Board of Directors at comments in response to this notice. for the proper performance of the (505) 827–4565. Before OMB decides whether to functions of FRA, including whether the Dated: September 21, 2007. approve these proposed collections of information will have practical utility; William A. Quade, information, it must provide 30 days for the accuracy of FRA’s estimates of the Associate Administrator, Enforcement and public comment. 44 U.S.C. 3507(b); 5 burden of the proposed information Program Delivery. CFR 1320.12(d). Federal law requires collections; ways to enhance the quality, [FR Doc. 07–4765 Filed 9–24–07; 2:00 pm] OMB to approve or disapprove utility, and clarity of the information to BILLING CODE 4910–EX–P paperwork packages between 30 and 60 be collected; and ways to minimize the days after the 30 day notice is burden of the collections of information published. 44 U.S.C. 3507 (b)–(c); 5 CFR on respondents, including the use of DEPARTMENT OF TRANSPORTATION 1320.12(d); see also 60 FR 44978, 44983, automated collection techniques or Aug. 29, 1995. OMB believes that the 30 other forms of information technology. Federal Railroad Administration day notice informs the regulated A comment to OMB is best assured of having its full effect if OMB receives it Proposed Agency Information community to file relevant comments and affords the agency adequate time to within 30 days of publication of this Collection Activities; Comment notice in the Federal Register. Request digest public comments before it renders a decision. 60 FR 44983, Aug. Authority: 44 U.S.C. 3501–3520. AGENCY: Federal Railroad 29, 1995. Therefore, respondents should Issued in Washington, DC on September Administration, DOT. submit their respective comments to 19, 2007. ACTION: Notice and request for OMB within 30 days of publication to D.J. Stadtler, best ensure having their full effect. 5 comments. Director, Office of Financial Management, CFR 1320.12(c); see also 60 FR 44983, Federal Railroad Administration. SUMMARY: In compliance with the Aug. 29, 1995. [FR Doc. E7–18916 Filed 9–25–07; 8:45 am] Paperwork Reduction Act of 1995 (44 The summaries below describe the U.S.C. 3501, et seq.), this notice nature of the information collection BILLING CODE 4910–06–P announces that the Information requirements (ICRs) and the expected Collection Requirement (ICR) abstracted burden. The revised requirements are DEPARTMENT OF TRANSPORTATION below has been forwarded to the Office being submitted for clearance by OMB of Management and Budget (OMB) for as required by the PRA. Surface Transportation Board review and comment. The ICR describes Title: Railroad Communications the nature of the information collection (Formerly Transmission of Train Orders [STB Ex Parte No. 670] and its expected burden. The Federal by Radio). Register notice with a 60-day comment Establishment of a Rail Energy OMB Control Number: 2130–0524. Transportation Advisory Committee period soliciting comments on the Type of Request: Extension of a following collection of information was currently approved collection. AGENCY: Surface Transportation Board. published on July 20, 2007 (See 72 FR Affected Public: Railroads. ACTION: Notice of membership of Rail 39886). Form(s): N/A. Energy Transportation Advisory. DATES: Comments must be submitted on Abstract: The Federal Railroad or before October 26, 2007. Administration (FRA) amended its radio SUMMARY: The Surface Transportation FOR FURTHER INFORMATION CONTACT: Mr. standards and procedures to promote Board (Board) hereby gives notice of the Robert Brogan, Office of Planning and compliance by making regulations more membership of the Rail Energy Evaluation Division, RRS–21, Federal flexible; to require wireless Transportation Advisory Committee. Railroad Administration, 1120 Vermont communications devices, including FOR FURTHER INFORMATION, CONTACT: Ave., NW., Mail Stop 17, Washington, radios, for specified classifications of Scott M. Zimmerman at 202–245–0202. DC 20590 (telephone: (202) 493–6292), railroad operations and roadway [Assistance for the hearing impaired is or Ms. Gina Christodoulou, Office of workers; and to re-title this part to available through the Federal Support Systems Staff, RAD–43, Federal reflect its coverage of other means of Information Relay Service (FIRS) at Railroad Administration, 1120 Vermont wireless communications such as 1–800–877–8339.] Ave., NW., Mail Stop 35, Washington, cellular telephones, data radio SUPPLEMENTARY INFORMATION: By a DC 20590 (telephone: (202) 493–6139). terminals, and other forms of wireless decision served on March 9, 2007, the (These telephone numbers are not toll- communications to convey emergency Board announced its proposal to free.) and need-to-know information. The new establish a Rail Energy Transportation SUPPLEMENTARY INFORMATION: The rule establishes safe, uniform Advisory Committee (RETAC) and Paperwork Reduction Act of 1995 procedures covering the use of radio solicited public comment on the (PRA), Public Law No. 104–13, section and other wireless communications advisability of establishing such a 2, 109 Stat. 163 (1995) (codified as within the railroad industry. committee, the size and composition of VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54714 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices the committee, and the scope of its By the Board, Vernon A. Williams, Other mandate. Based on a review of the Secretary. James Brunkenhoefer, National Legislative comments received and consultation Vernon A. Williams, Director, United Transportation Union with the General Services Secretary. [FR Doc. E7–18938 Filed 9–25–07; 8:45 am] Administration, the Board, in a decision BILLING CODE 4915–01–P Appendix—Surface Transportation served July 17, 2007, announced that it Board Rail Energy Transportation is establishing RETAC and developed a Advisory Committee Members charter to govern its operation. RETAC DEPARTMENT OF TRANSPORTATION will provide advice and guidance to the Class I Railroads Surface Transportation Board Board, and serve as a forum for Stevan Bobb, Group Vice President—Coal, discussion of emerging issues regarding BNSF Railway Company the transportation by rail of energy Paul Hammes, Vice President and General [STB Docket No. AB–55 (Sub–No. 649X)] resources, particularly, but not Manager—Agricultural Products, Union Pacific Railroad Company CSX Transportation, Inc.— necessarily limited to, coal, ethanol, and Abandonment Exemption—in Niagara other biofuels. Henry Rupert, Assistant Vice President— Utility North, CSX Transportation, Inc. County, NY In its July 2007 decision, the Board Darin Selby, Assistant Vice President—Coal also requested suggestions for Sales and Marketing, Kansas City Southern CSX Transportation, Inc. (CSXT), has candidates for membership on RETAC. Railway Company filed a notice of exemption under 49 The Board stated that RETAC will be Alan Shaw, Senior Director of Coal CFR part 1152 subpart F—Exempt balanced and representative of Transportation, Norfolk Southern Railway Abandonments to abandon a 1.57-mile line of railroad known as the Erie interested and affected parties, and will Company Industrial Track, on its Northern Region, consist of not less than: 5 Class II and III Railroads Albany Division, Niagara Subdivision, representatives from the Class I Edward McKechnie, Chief Commercial extending from milepost QCJ 13.43 to railroads, 3 representatives from Class II Officer, WATCO Companies milepost QCJ 15.0, in North Tonawanda, and III railroads, 3 representatives from David Rohal, Vice President, RailAmerica, Niagara County, NY. The line traverses coal producers, 5 representatives from Inc. United States Postal Service Zip Code electric utilities (including at least one Daniel Ray Sabin, President, Iowa Northern 14120. CSXT indicates that no stations rural electric cooperative and one state- Railway Company will be impacted by the proposed or municipally-owned utility), 4 Coal Producers abandonment. representatives from biofuel refiners, John Eaves, President and COO, Arch Coal, CSXT has certified that: (1) No local processors, or distributors, or biofuel Inc. traffic has moved over the line for at feedstock growers or providers, and 2 Betsy Monseu, Vice President, least 2 years; (2) no overhead traffic has representatives from private car owners, Transportation, Foundation Energy Sales, moved over the line for at least 2 years car lessors, or car manufacturers. Inc. and overhead traffic, if there were any, RETAC may also include up to 3 Michael Rayphole, Vice President—Sales and could be rerouted over other lines; (3) members with relevant experience but Western Transportation, COALSALES, LLC no formal complaint filed by a user of not necessarily affiliated with one of the Electric Utilities rail service on the line (or by a State or aforementioned industries or sectors. local government entity acting on behalf The Chairman of the Board may invite William Berg, CEO, Dairyland Power of such user) regarding cessation of Cooperative service over the line either is pending representatives from the U.S. W. Paul Bowers, President, Southern with the Surface Transportation Board Departments of Agriculture, Energy and Company Generation Transportation and the Federal Energy C. Joseph Hopf, President, PPL EnergyPlus, (Board) or with any U.S. District Court Regulatory Commission to serve on LLC or has been decided in favor of RETAC in advisory capacities as ex Richard Kelly, Chairman, President, and complainant within the 2-year period; officio (non-voting) members, and the CEO, XCEL Energy Inc. and (4) the requirements at 49 CFR three members of the Board shall serve Dan Kuehn, Executive Manager, Wholesale 1105.7 (environmental reports), 49 CFR as ex officio members of the Committee Power Services, Lower Colorado River 1105.8 (historic reports), 49 CFR as well. Authority 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and Accordingly, attached to this decision Biofuel Refiners, Producers, Distributors, or Feedstock Providers 49 CFR 1152.50(d)(1) (notice to is a list of the candidates who, in governmental agencies) have been met. accordance with the RETAC charter, Daryl Haack, Corn and soybean farmer, Primghar, Iowa As a condition to this exemption, any have been selected by the Chairman employee adversely affected by the with a concurrence of a majority of the Mark Huston, Director, North American Transportation, Louis Dreyfus abandonment shall be protected under Board to serve as members of RETAC for Commodities Oregon Short Line R. Co.— the first 2-year term. James Redding, Vice President, Aventine Abandonment—Goshen, 360 I.C.C. 91 This action will not significantly Renewable Energy, Inc. (1979). To address whether this affect either the quality of the human Darrell Wallace, Vice President condition adequately protects affected environment or the conservation of Transportation Commodities Group, Bunge employees, a petition for partial energy resources. North America revocation under 49 U.S.C. 10502(d) Private Car Owners, Car Lessors or Car must be filed. Authority: 49 U.S.C. 721, 49 U.S.C. 11101; Provided no formal expression of 49 U.S.C. 11121. Manufacturers Robert Hulick, Senior Vice President intent to file an offer of financial Decided: September 21, 2007. Business Development, TrinityRail assistance (OFA) has been received, this Jay Wileman, President and CEO, G.E. exemption will be effective on October Equipment Services—Rail Services 26, 2007, unless stayed pending VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices 54715 reconsideration.1 Petitions to stay that CSXT’s filing of a notice of Entities required to report will be do not involve environmental issues,2 consummation by September 26, 2008, contacted individually by the Federal formal expressions of intent to file an and there are no legal or regulatory Reserve Bank of New York. Entities not OFA under 49 CFR 1152.27(c)(2),3 and barriers to consummation, the authority contacted by the Federal Reserve Bank trail use/rail banking requests under 49 to abandon will automatically expire. of New York have no reporting CFR 1152.29 must be filed by October Board decisions and notices are responsibilities. 9, 2007. Petitions to reopen or requests available on our Web site at http:// What to Report: This report will for public use conditions under 49 CFR www.stb.dot.gov. collect information on holdings by U.S. 1152.28 must be filed by October 16, Decided: September 18, 2007. residents of foreign securities, including 2007, with the Surface Transportation By the Board, David M. Konschnik, equities, long-term debt securities, and Board, 395 E Street, SW., Washington, Director, Office of Proceedings. DC 20423–0001. short-term debt securities (including A copy of any petition filed with the Vernon A. Williams, selected money market instruments). Board should be sent to CSXT’s Secretary. How to Report: Copies of the survey representative: Steven C. Armbrust, [FR Doc. E7–18831 Filed 9–25–07; 8:45 am] forms and instructions, which contain Esq., CSX Transportation, Inc., 500 BILLING CODE 4915–01–P complete information on reporting Water Street, J–150, Jacksonville, FL procedures and definitions, can be 32202. obtained at the Web site address given If the verified notice contains false or DEPARTMENT OF THE TREASURY above in the SUMMARY, or by contacting misleading information, the exemption the survey staff of the Federal Reserve is void ab initio. Office of the Assistant Secretary for Bank of New York at (212) 720–6300, e- CSXT has filed environmental and International Affairs; Survey of U.S. mail: [email protected]. The mailing historic reports addressing the effects, if Ownership of Foreign Securities as of address is: Federal Reserve Bank of New any, of the abandonment on the December 31, 2007 York, Statistics Function, 4th Floor, 33 environment and historic resources. Liberty Street, New York, NY 10045– SEA will issue an environmental AGENCY: Departmental Offices, 0001. Inquiries can also be made to Mr. assessment (EA) by October 1, 2007. Department of the Treasury. Interested persons may obtain a copy of ACTION: Notice of reporting William L. Griever, Federal Reserve the EA by writing to SEA (Room 1100, requirements. Board of Governors, at (202) 452–2924, Surface Transportation Board, e-mail: [email protected]; or to Washington, DC 20423–0001) or by SUMMARY: By this Notice and in Dwight Wolkow at (202) 622–1276, e- calling SEA, at (202) 245–0305. accordance with 31 CFR 129, the mail: [email protected]. [Assistance for the hearing impaired is Department of the Treasury is informing When to Report: Data must be available through the Federal the public that it is conducting a submitted to the Federal Reserve Bank Information Relay Service (FIRS) at 1– mandatory survey of U.S. ownership of of New York, acting as fiscal agent for 800–877–8339.] Comments on foreign securities as of December 31, the Department of the Treasury, by environmental and historic preservation 2007. This Notice constitutes legal March 7, 2008. matters must be filed within 15 days notification to all United States persons Paperwork Reduction Act Notice: This after the EA becomes available to the (defined below) who meet the reporting data collection has been approved by public. requirements set forth in this Notice that Environmental, historic preservation, they must respond to, and comply with, the Office of Management and Budget public use, or trail use/rail banking this survey. Additional copies of the (OMB) in accordance with the conditions will be imposed, where reporting form SHCA (2007) and Paperwork Reduction Act and assigned appropriate, in a subsequent decision. instructions may be printed from the control number 1505–0146. An agency Pursuant to the provisions of 49 CFR Internet at: http://www.treas.gov/tic/ may not conduct or sponsor, and a 1152.29(e)(2), CSXT shall file a notice of forms-sh.html. person is not required to respond to, a consummation with the Board to signify Definition: Pursuant to 22 U.S.C. 3102 collection of information unless it that it has exercised the authority a U.S. person is any individual, branch, displays a valid control number granted and fully abandoned the line. If partnership, associated group, assigned by OMB. The estimated consummation has not been effected by association, estate, trust, corporation, or average annual burden associated with other organization (whether or not this collection of information is 48 1 On September 10, 2007, B P Rail Corporation d/ organized under the laws of any State), hours per respondent for end-investors b/a BP Rail (BPR) filed a formal expression of intent and any government (including a and custodians that file Schedule 3 to file an OFA to purchase the line. In this filing, reports covering their securities BPR requests that CSXT provide BPR with the foreign government, the United States financial data and information prescribed in 49 CFR Government, a state, provincial, or local entrusted to U.S. resident custodians, 1152.27(a). BPR also requests that the Board toll the government, and any agency, 145 hours per respondent for large end- time period for the filing of an OFA for an corporation, financial institution, or investors filing Schedule 2 reports, and additional 60 days. The Board will address BPR’s 700 hours per respondent for large tolling request in a subsequent decision. other entity or instrumentality thereof, 2 The Board will grant a stay if an informed including a government-sponsored custodians of securities filing Schedule decision on environmental issues (whether raised agency), who resides in the United 2 reports. Comments concerning the by a party or by the Board’s Section of States or is subject to the jurisdiction of accuracy of this burden estimate and Environmental Analysis (SEA) in its independent the United States. suggestions for reducing this burden investigation) cannot be made before the exemption’s effective date. See Exemption of Out- Who Must Report: The panel for this should be directed to the Department of of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any survey is based upon the level of U.S. the Treasury, Attention Administrator, request for a stay should be filed as soon as possible holdings of foreign securities reported International Portfolio Investment Data so that the Board may take appropriate action before on the December 2006 benchmark Reporting Systems, Room 5422, the exemption’s effective date. Washington, DC 20220, and to OMB, 3 Each OFA must be accompanied by the filing survey of U.S. holdings of foreign fee, which currently is set at $1,300. See 49 CFR securities, and will consist primarily of Attention: Desk Officer for the 1002.2(f)(25). the largest reporters on that survey. Department of the Treasury, Office of VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54716 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices Information and Regulatory Affairs, Washington, DC 20503. Dwight Wolkow, Administrator, International Portfolio Investment Data Reporting Systems. [FR Doc. E7–18944 Filed 9–25–07; 8:45 am] BILLING CODE 4811–42–P VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on PROD1PC66 with NOTICES 54717 Corrections Federal Register Vol. 72, No. 186 Wednesday, September 26, 2007 This section of the FEDERAL REGISTER 2. In the same column, in the last line, On page 43939, in the first column, contains editorial corrections of previously ‘‘FY 1007’’ should read ‘‘FY 2007’’. the first heading: published Presidential, Rule, Proposed Rule, 3. In the third column, in the first full and Notice documents. These corrections are I. New Proposed § 1.125–1–Qualified paragraph, in the last line, ‘‘20-319– and Nonqualified Benefits in Cafeteria prepared by the Office of the Federal 5058’’ should read ‘‘20319–5058’’. Register. Agency prepared corrections are Plans Section 125 Exclusive issued as signed documents and appear in [FR Doc. C7–4694 Filed 9–25–07; 8:45 am] Noninclusion Rule the appropriate document categories BILLING CODE 1505–01–D elsewhere in the issue. should be two separate headings: I. New Proposed § 1.125–1–Qualified DEPARTMENT OF THE TREASURY and Nonqualified Benefits in Cafeteria DEPARTMENT OF DEFENSE Plans Internal Revenue Service Section 125 Exclusive Noninclusion Department of the Army Rule 26 CFR Part 1 Department of Defense Historical [FR Doc. Z7–14827 Filed 9–25–07; 8:45 am] [REG–142695–05] Advisory Committee; Meeting BILLING CODE 1505–01–D RIN 1545–BF00 Correction In notice document 07–4694 Employee Benefits – Cafeteria Plans appearing on page 54014 in the issue of Correction Friday, September 21, 2007, make the following corrections: In proposed rule document E7–14827 1. In the second column, in the beginning on page 43938 in the issue of SUMMARY paragraph, under Place, Monday, August 6, 2007, make the ‘‘Militry’’ should read ‘‘Military’’. following correction: VerDate Aug<31>2005 18:06 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\26SECX.SGM 26SECX mstockstill on PROD1PC66 with NOTICES5 Wednesday, September 26, 2007 Part II Federal Communications Commission 47 CFR Part 73 Advanced Television Systems and Their Impact Upon the Existing Broadcast Service; Proposed Rule and Final Rule VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54720 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations FEDERAL COMMUNICATIONS 418–0530 (voice), (202) 418–0432 coordinates are specified on a station COMMISSION (TTY). license or construction permit, and the requested change did not result in a Summary of the Seventh Report and 47 CFR Part 73 change of more than three seconds Order [MB Docket No. 87–268; FCC 07–138] latitude or longitude for the station, we 1. In this Seventh Report and Order, are making the requested correction. Advanced Television Systems and the Commission adopts a new Table of Accepting corrections to Appendix B of Their Impact Upon the Existing Allotments for digital television three seconds or less is consistent with Television Broadcast Service (‘‘DTV’’) providing all eligible stations the Commission’s rules, which do not with channels for DTV operations after require a construction permit for such a AGENCY: Federal Communications the DTV transition on February 17, correction before it can be licensed. Commission. 2009. The new DTV Table is the result Three seconds of latitude or longitude is ACTION: Final rule. of informed decisions made by eligible approximately 200 to 300 feet. The licensees and permittees during the stations for which we make such a SUMMARY: The Commission adopts a Commission’s channel election process. correction are listed in Appendix D1 new Table of Allotments for digital As the Commission stated in the hereto and the changes requested by television (DTV) providing all eligible Seventh Further Notice of Proposed those stations are reflected in DTV Table stations with channels for DTV Rule Making in this proceeding (71 FR Appendix B adopted herein. operations after the DTV transition on 66592, November 15, 2006) (‘‘Seventh 4. We also received comments filed February 17, 2009. The new DTV Table Further Notice’’), in developing these on behalf of stations requesting accommodates all eligible broadcasters, final DTV allotments the Commission modification of the proposed DTV Table reflects to the extent possible the has attempted to accommodate Appendix B in the Seventh Further channel elections made by broadcasters, broadcasters’ channel preferences as Notice either to express a station’s and is consistent with efficient well as their replication and geographic coordinates in tenths of spectrum use. The new DTV Table maximization service area certifications seconds in addition to the currently finalizes the channels and facilities (made via FCC Form 381). The DTV listed degrees, minutes, and seconds or necessary to complete the digital Table adopted herein reflects to round to the nearest whole second transition and ultimately will replace consideration of the comments filed in rather than merely truncate the data. the existing DTV Table at the end of the response to the Seventh Further Notice One such commenter argued that DTV transition. The existing DTV Table as well as our efforts to promote overall precision is important as even a small continues to govern stations’ DTV spectrum efficiency and ensure that change in location data could have an operations until the end of the DTV broadcasters provide the best possible impact on interference studies in light transition. service to the public. of the 0.1 percent interference standard. DATES: Effective October 26, 2007. 2. In early 2006, Congress established We note that a tenth of a second latitude February 17, 2009 as a new hard ADDRESSES: Federal Communications or longitude is equivalent to deadline for the end of the DTV Commission, Washington, DC 20554. approximately 10 feet. transition and the end of analog 5. We find it is appropriate to round FOR FURTHER INFORMATION CONTACT: For transmissions by full power television to the nearest whole second because the additional information on this broadcasters. In view of the short period resources necessary to collect more proceeding, contact Kim Matthews of of time remaining before this deadline, precise data and revise the computer the Media Bureau, Policy Division, (202) our goal has been to finalize DTV software that generates the Table would 418–2154. channels and facilities as expeditiously not be justified by the small difference SUPPLEMENTARY INFORMATION: This is a as possible to provide stations with the in physical location. For those summary of the Federal certainty they need to complete their commenters that have requested a Communications Commission’s Seventh digital build out, consistent with the correction of their station coordinates Report and Order in MB Docket No. 87– interference and other standards set and provided us with station 268, FCC 07–138, adopted August 1, forth in the Seventh Further Notice. coordinates expressed to the tenth of a 2007, and released August 6, 2007. The second, we have revised DTV Table Requests for Minor Adjustments full text of this document is available for Appendix B to round the coordinates to public inspection and copying during 3. We will make a variety of minor the nearest whole second. The stations regular business hours in the FCC adjustments based on requests from for which such a change is made are Reference Center, Federal commenters. We received comments included in the list of stations in Communications Commission, 445 12th filed on behalf of 22 stations requesting Appendix D1 herein. Street, SW., CY–A257, Washington, DC that we make minor adjustments to the 20554. These documents will also be station coordinates specified in the Requests To Make Changes to available via ECFS (http://www.fcc.gov/ proposed DTV Table Appendix B. We Certification cgb/ecfs/). (Documents will be available asked licensees to review the accuracy 6. We are permitting changes to electronically in ASCII, Word 97, and/ of their information contained in the stations’ facility certifications (FCC or Adobe Acrobat.) The complete text proposed DTV Table Appendix B and Form 381) based on appropriate may be purchased from the comment on any inaccuracies or demonstrations from these stations Commission’s copy contractor, 445 12th discrepancies in this information. In where such changes are consistent with Street, SW., Room CY–B402, some cases, the station requested a the circumstances contemplated in the Washington, DC 20554. To request this change to conform to the coordinates Seventh Further Notice. In paragraph 28 document in accessible formats reflected on a station authorization and/ of the Seventh Further Notice, the (computer diskettes, large print, audio or the coordinates of the Antenna Commission recognized that some recording, and Braille), send an e-mail Structure Registration (‘‘ASR’’) for the stations have already constructed or to [email protected] or call the station’s tower. In circumstances where received authorization to construct Commission’s Consumer and a station submitted a correction to the facilities on the station’s TCD that Governmental Affairs Bureau at (202) station’s coordinates, the corrected provide service to areas that extend VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54721 beyond that to which the station transition channel. In these (‘‘SBBC’’), licensee of WPPB–TV, certified on FCC Form 381. Because the circumstances, we have revised DTV channel *63, and permittee of WPPB– interference protection provided during Table Appendix B to specify the DT, channel *40, Boca Raton, FL, the channel election process was station’s authorized facilities. The received channel *40 for its TCD in the limited to the facilities to which the following paragraphs describe three proposed DTV Table. In comments filed station certified in FCC Form 381, the situations that merit additional to this proceeding, SBBC supports the Commission noted that stations serving explanation. proposed allotment of channel *40, but or authorized to serve areas beyond 9. KBCW, San Francisco, CA. San asks to change its certified facilities and their certified area could become subject Francisco Television Station KBCW, DTV Table Appendix B to reflect to interference in those areas. The Inc. (‘‘KBCW’’), licensee of station facilities authorized by the Commission Commission stated that it would permit KBCW, channel 44, and KBCW–DT, in 2002. No other comments were filed stations in this situation to file channel 45, San Francisco, CA, received related to this TCD. comments proposing to modify their channel 45 for its TCD in the proposed 12. SBBC’s request to change WPPB’s certified facilities to match their DTV Table. In comments filed on behalf DTV channel from *44 to *40 was authorized or constructed facilities. of KBCW, CBS Corporation (‘‘CBS’’) approved in the 2002 Boca Raton Stations requesting such a change were requests a change to conform to the Allotment Order. In that order, WPPB– required either to (1) Submit an parameters of KBCW’s licensed facilities DT, channel *40, was authorized to engineering analysis demonstrating that on Channel 45. CBS states that, along operate at maximized facilities, the proposed change to their certified most azimuths, the currently licensed including an ERP of 1000 kW and an facilities would not result in digital facilities of KBCW exceed those antenna HAAT of 310 m. However, interference in excess of 0.1 percent to resulting from the replication facilities SBBC certified in its FCC Form 381 for any licensee’s existing TCD or (2) assigned to the station in the proposed maximized facilities as authorized by its submit the signed, written consent of DTV Table Appendix B. CBS states that existing construction permit for DTV every affected licensee. The an interference study shows that the channel *44. SBBC explained in its FCC Commission also stated that stations in requested KBCW parameters would Form 381 that it did this because the these circumstances seeking a change in cause in excess of 0.1 percent new channel substitution decision was their certification would be required to interference only to the digital operation challenged by a petition for accept interference from any channel of KQCA, Stockton, California. reconsideration and, thus, not deemed election already approved. According to CBS, KQCA currently ‘‘final.’’ In its FCC Form 381, SBBC also receives 0.46 percent interference from stated its intention to certify for 1. Requests That Meet the Interference KBCW–DT’s presently licensed maximized facilities at the new channel Criteria operation and would continue to do so *40 allotment when the channel 7. We will permit stations to change after the transition if KBCW–DT keeps substitution became final. SBBC their facility certifications (FCC Form its existing facilities. CBS submitted an subsequently filed an application in 381), and thus our post-transition DTV agreement in which KQCA agrees to 2006 to conform its new DTV channel Table Appendix B, where such stations accept this interference. In light of the *40 allotment to those facilities have demonstrated that such interference agreement submitted by specified in the 2002 Boca Raton modification of their facilities will CBS, we will accept the requested Allotment Order. conform to licensed or authorized change to the parameters for KBCW to 13. The proposed post-transition DTV facilities and where the proposed conform to its authorized and operating Table now shows WPPB’s new DTV change to the Appendix B facilities facilities. These changes are reflected in channel *40. We hereby revise DTV either meets the interference criterion the revised DTV Table Appendix B Table Appendix B herein to reflect the discussed above (i.e., the proposed adopted herein. facilities authorized by the 2002 Boca change would not result in interference 10. KALO, Honolulu, HI. Pacifica Raton Allotment Order. This change in excess of 0.1 percent to any licensee’s Broadcasting Company (‘‘Pacifica’’), does not result in more than 0.1 percent existing TCD) or, as discussed further licensee of station KALO(TV), channel new interference to any station. WPPB’s below, the station affected agreed to 38, and KALO–DT, channel *10, requested certification change is to accept the interference. We received Honolulu, HI, received channel 10 for facilities expressly authorized to the comments on behalf of 130 stations its TCD in the proposed DTV Table. In station in 2002, and the station requesting such changes. We have made a late-filed comment, Pacifica noted its expressed its intent to certify to these the changes requested by these concern that it may not be able to facilities in its Form 381 filing. commenters and the changes are operate at its applied-for power level on 2. Requests By Operating Stations That reflected in the revised DTV Table channel 10 because it will cause an Do Not Meet Interference Criteria Appendix B adopted herein. A list of unacceptable level of interference to the the stations for which we made these FCC monitoring station at Waipahu. To 14. We will permit stations that are changes is attached hereto in Appendix address this anticipated difficulty, already operating their final, post- D2. To address the requests of those Pacifica has proposed a reduced ERP of transition DTV facilities to change their commenters in this group whose 14.275 kW. This power level is less than facility certifications (FCC Form 381), stations are moving to a different the authorized power of the facility, but and thus our post-transition DTV Table channel for post-transition service, we the reduction is necessary to prevent Appendix B, to reflect those facilities, recalculated their post-transition DTV interference with our nearby monitoring even though such operations will coverage area based on their authorized facility. We have studied the proposed exceed the 0.1 percent interference or licensed DTV facility, as indicated by power and find that it does not cause standard. Eight stations requested the file number shown in Appendix D2. impermissible interference to any changes to the proposed DTV Table 8. In some cases, stations listed in station. We accept KALO’s proposal and Appendix B to reflect operating Appendix D2 request changes to the the DTV Table Appendix B has been facilities where we have determined DTV Table/Appendix B that differ from revised accordingly. that the interference caused to the TCD the facilities specified in a current 11. WPPB, Boca Raton, FL. The of another licensee exceeds the 0.1 authorization for the station on the post- School Board of Broward County percent interference standard and there VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54722 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations is no interference agreement with the Commission’s interference analysis proposed DTV Table. Dominion affected station(s). In several cases, the shows that the WICS licensed facility requests that the parameters for WLMB Commission granted pending causes 0.43 percent interference to in the DTV Table Appendix B be applications for these stations after WICD, Champaign, Illinois (analog 15, changed to reflect those of the licensed certification. In other cases, as discussed post-transition digital channel 41). facility BLCDT–20050201AAF. further below, we have permitted 19. WUTV, Buffalo, NY. WUTV Dominion failed to timely file a stations to change their certification Licensee, LLC (‘‘WUTV Licensee’’), certification on FCC Form 381 for from replication to maximization, licensee of station WUTV, channel 29, WLMB specifying whether it would thereby potentially causing more and permittee of WUTV–DT, channel construct replication or maximization interference to other stations than 14, Buffalo, NY, received channel 14 for facilities, and consequently WLMB was would have been permitted for the its TCD in the proposed DTV Table. assigned replication facilities in the facilities to which the station originally Sinclair Broadcast Group Inc., parent proposed DTV Table Appendix B. The certified. company of WUTV Licensee, requests Commission noted that forty-one 15. While these stations are requesting that the parameters for WUTV in the stations, including WLMB, did not changes to the parameters proposed in DTV Table Appendix B be changed to timely file a certification form, and the Seventh Further Notice in situations reflect those of the licensed facility stated that it would permit these where the level of interference exceeds BLCDT–20060829BGK. The licensees to file comments proposing a the relevant standard, we find that they Commission’s interference analysis change to their certification to specify have met their burden of demonstrating shows that the WUTV licensed facility maximized facilities for which they that their special circumstances justify a causes 8.45 percent interference to the would have been allowed to certify. waiver. We therefore grant the requested TCD on channel 14 of a new analog Dominion requests that its certification changes. In each case, the changes are singleton in Bath, New York (call sign for WLMB be modified to specify the being requested for stations that are 870331LW). We note that, in its license maximized facilities that Dominion has already operating their final, post- application, WUTV indicated it would now constructed and that the transition DTV facilities. We believe it employ antenna beam tilting to protect Commission has licensed. The is unnecessary and unfair to require the Bath station from interference and Commission’s interference analysis these already-operational facilities to that the WUTV license specifies beam shows that the WLMB licensed facility reduce service. Indeed, as these stations tilting. causes 2.04 percent interference to are already providing service at the 20. WKDH, Houston, MS. Southern WGVK, Kalamazoo, Michigan (analog requested parameters, it is in the public Broadcasting Inc. (‘‘Southern’’), licensee channel 52, digital channel 5 for both interest to allow them to continue to do of singleton station WKDH, channel 45, pre- and post-transition). so. In addition, none of the stations Houston, MS, received channel 45 for receiving the interference filed an its TCD in the proposed DTV Table. 23. KOCE, Huntington Beach, CA. opposition to the station requesting the Southern requests that the parameters KOCE–TV Foundation (‘‘KOCE change. for WKDH in the DTV Table Appendix Foundation’’), licensee of 16. Following is a brief discussion of B be changed to reflect the parameters noncommercial educational station the stations requesting changes to reflect specified in its construction permit KOCE, channel *50-, and KOCE–DT, their operating facilities and the BPCDT–20060519ABE. WKDH is now channel *48, Huntington Beach, CA, relevant circumstances that support our operating pursuant to program test received channel *48 for its TCD in the grant of their requests: authority. The Commission’s proposed DTV Table. KOCE Foundation 17. KTBN, Santa Ana, CA. Trinity interference analysis shows that WKDH requests that the parameters for KOCE Christian Center of Santa Ana, Inc. causes 0.34 percent interference to in the proposed DTV Table Appendix B (‘‘Trinity’’), licensee of station KTBN– WPXH, Gadsden, Alabama (analog be changed to reflect those of the TV, channel 40, and KTBN–DT, channel channel 44, digital channel 45 for both licensed facility BLEDT–20041117ADG. 23, Santa Ana, CA, received channel 23 pre- and post-transition). KOCE Foundation failed to timely file a for its TCD in the proposed DTV Table. 21. WTEN, Albany, NY. Young certification on FCC Form 381 for KOCE Trinity requests that the parameters for Broadcasting, Inc. (‘‘Young’’), licensee specifying whether it would construct KTBN in the proposed DTV Table of station WTEN, channel 10, and replication or maximization facilities, Appendix B be changed to reflect those WTEN–DT, channel 26, Albany, NY, and consequently KOCE was assigned of the facility currently licensed in received channel 26 for its TCD in the replication facilities in the proposed BLCDT–20050729AFT. The proposed DTV Table. Young requests DTV Table Appendix B. This situation Commission’s interference analysis that the parameters for WTEN in the is similar to WLMB, paragraph 54, shows that KTBN’s licensed facility DTV Table Appendix B be changed to supra. The Commission noted that causes 0.75 percent interference to reflect the parameters of the station’s KOCE also did not timely file a KBEH, Oxnard, California (analog license BLCDT–20060104ACC. The certification form and stated that it channel 63, digital channel 24 for both Commission’s interference analysis would permit this licensee to file pre- and post-transition). shows that the WTEN licensed facility comments proposing a change to its 18. WICS, Springfield, IL. WICS causes 3.24 percent interference to certification to specify maximized Licensee, LLC (‘‘WICS Licensee’’), WHPX, New London, Connecticut facilities for which it would have been licensee of station WICS, channel 20, (analog channel 26, post-transition allowed to certify. KOCE Foundation and WICS–DT, channel 42, Springfield, digital channel 26) and 1.39 percent requests that its certification for KOCE IL, received channel 42 for its TCD in interference to WFXV, Utica, New York, be modified to specify KOCE–DT’s the proposed DTV Table. Sinclair (analog channel 33, digital channel 27 licensed, maximized facilities. The Broadcast Group, Inc. (‘‘Sinclair’’), the for both pre- and post-transition). Commission’s interference analysis parent company of WICS Licensee, 22. WLMB, Toledo, OH. Dominion shows that the KOCE licensed facility requests that the parameters for WICS in Broadcasting, Inc., (‘‘Dominion’’), causes 0.24 percent new interference to the DTV Table Appendix B be changed licensee of station WLMB, channel 40, KAZA, Avalon, CA (analog channel 54, to reflect those of the licensed facility and WLMB–DT, channel 5, Toledo, OH, digital channel 47 for both pre- and BLCDT–20050627AAI. The received channel 5 for its TCD in the post-transition). VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54723 24. WLLA, Kalamazoo, MI. Christian applicable interference standard and is 28. WMFD, Mansfield, OH. Mid-State Faith Broadcast, Inc. (‘‘Christian Faith’’), not yet providing service to the public. Television, Inc., (‘‘Mid-State’’), licensee licensee of station WLLA, channel 64, We note that this station could apply in of station WMFD–TV, channel 68 and and WLLA–DT, channel 45, Kalamazoo, the future for a modification to specify WMFD–DT, channel 12, Mansfield, OH, MI, received channel 45 for its TCD in maximized facilities. Any such received channel 12 for its TCD in the the proposed DTV Table. Christian Faith application would be subject to proposed DTV Table. Mid-State certified failed to timely file a certification on interference criteria and other standards to a then-pending maximization FCC Form 381 for this station. Stations adopted in the Third DTV Periodic application that had not yet been that did not file certifications were Review Report and Order. As discussed authorized due to international assigned replication facilities for further below, for one station, WMFD, coordination issues. Mid-State states purposes of the Commission’s channel Mansfield, Ohio, we will grant the that, when it filed its pre-election election process and interference request to change DTV Table Appendix certification, it indicated that it evaluation. On October 31, 2005, B because this station has obtained intended to operate with the facilities Christian Faith filed a request for international coordination for its specified in the then-pending acceptance of a late-filed certification on authorized facility. modification application, but that the behalf of WLLA specifying 27. WTCV, San Juan, PR. application remained subject to maximization facilities authorized for International Broadcasting Corporation international coordination. After that station. The proposed DTV Table (‘‘IBC’’), licensee of station WTCV, certification, the application was Appendix B did not reflect this channel 18, and WTCV–DT, channel 32, amended to resolve the international requested certification change. Christian San Juan, PR, received channel 32 for its coordination issues and subsequently Faith subsequently filed comments in TCD in the proposed DTV Table. IBC was granted in July 2005. The proposed response to the Seventh Further Notice states in its comments that it originally DTV Table Appendix B specifies the requesting a change in the proposed intended to operate its post-transition facilities to which Mid-State certified. DTV Table to reflect its construction DTV transmitter from its current analog Mid-State requests that DTV Table permit for maximized facilities for this tower but was forced to change sites Appendix B be changed to reflect the station. On May 29, 2007, Christian because of difficulties in obtaining facilities specified in its July 2005 Faith filed a license application for tower space at its original site for its construction permit. The facilities WLLA for these maximized facilities. digital facilities. According to IBC, after requested by Mid-State would cause The authorized and operating lengthy negotiations with the tower site 1.13 percent interference to WINM, maximized facilities of WLLA cause owner, Puerto Rico Telephone Angola, Indiana (analog channel 63, 2.11 percent new interference to WZPX, Company, ‘‘it became clear that the post-transition digital channel 12) and Battle Creek, Michigan (analog channel tower structural requirements imposed 0.44 percent interference to WBOY, 43, digital channel 44 for both pre- and at the time made the project Clarksburg, West Virginia (analog post-transition) and 0.79 percent new economically unfeasible.’’ IBC therefore channel 12, post-transition digital interference to WDIV, Detroit, Michigan certified to an authorized construction channel 12). Neither of the affected (analog channel 4, digital channel 45 for stations filed comments opposing both pre- and post-transition). permit for a different site with substantially reduced facilities. In its WMFD’s proposed change to Appendix 25. For the reasons discussed supra, B. we hereby grant the changes requested comments IBC states that it has recently for these eight stations and these solved the difficulties of obtaining tower 29. We will grant Mid-State’s request changes are reflected in the DTV Table space to operate from its currently and change DTV Table Appendix B Appendix B adopted herein. authorized analog site and has filed an accordingly. This change is reflected in application for a construction permit to the DTV Table Appendix B attached 3. Requests By Non-Operational operate from this site. This application hereto. The change requested by Mid- Stations That Do Not Meet Interference was pending at the time IBC filed its State is the result of a negotiated Criteria comments in response to the Seventh solution with Canada to resolve 26. Comments were filed on behalf of Further Notice but has now been international coordination issues that two stations requesting changes to the granted. IBC requests a change in the prohibit operation of the facility proposed DTV Table Appendix B to proposed DTV Table Appendix B to proposed in the application pending at reflect authorized facilities where we specify the parameters of the the time of certification and to which have determined that the interference construction permit application that Mid-State certified on FCC Form 381. caused to another licensee’s existing was pending at the time IBC’s comments The Commission has recognized that TCD exceeds the 0.1 percent were filed and that has now been stations facing international interference standard, there is no granted. IBC states that the proposed coordination issues face unique interference agreement with the affected change in site and technical facilities challenges in completing the digital station(s), and the station requesting the will enable WTCV to serve an additional transition. As the result of a change is not operational. One of these 318,230 viewers. However, the WTCV modification to a Canadian DTV stations, WTCV, San Juan, PR, has not facilities requested by IBC would cause allotment, WMFD states that it is met its burden to demonstrate that 1.49 percent new interference to WSJU– precluded from constructing the special circumstances justify a waiver, TV, San Juan, Puerto Rico (analog facilities listed in the proposed DTV and we therefore deny its request to channel 30, post-transition digital Table Appendix B. If we were to deny change DTV Table Appendix B. Unlike channel 31) and WTCV is not currently the change requested by Mid-State, the stations discussed above, this station operational. As the facilities requested WMFD would be required to identify a has not completed construction and by IBC would cause new interference in new facility and re-commence the begun DTV service to the public. We do excess of the 0.1 percent interference process of obtaining international not believe it is appropriate to change standard and the station is not yet coordination for that facility. Because of the facilities specified in DTV Table providing service to the public, we will the unique circumstances faced by Appendix B where the station deny IBC’s request to change DTV Table WMFD, a station that is already requesting the change does not meet the Appendix B. providing digital service to the public VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54724 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations and seeks to improve that service, we Appendix B that do not permit the viewers will continue to have access to believe that grant of the requested station to replicate the analog service the stations that they are accustomed to change to DTV Table Appendix B is area. In other cases, stations filed receiving over the air. We believe that warranted and will serve the public comments requesting a change to the the revisions requested by the stations interest. parameters in the proposed DTV Table listed in Appendix D3 will serve the Appendix B to modify the station’s public interest by permitting those Requests for Modified Coverage Area coverage area to permit replication of stations to provide digital service to 30. We will grant requests filed on the station’s analog coverage area where more of their established analog behalf of 30 stations whose post- the station was not subject to the 1000 viewers. transition DTV channel is different from kW maximum imposed in the Sixth 36. In addition, three stations their pre-transition DTV channel to Report and Order. These stations, requested changes to the proposed DTV change the coverage area in the returning to their analog channel for Table Appendix B to increase the proposed DTV Table Appendix B. In post-transition operations, commented station’s coverage area, but our general, these commenters argue that that the proposed DTV Table Appendix recalculations of the Appendix B the facilities specified in the proposed B facilities would not permit replication facilities and the subsequent DTV Table Appendix B do not permit of the station’s analog Grade B contour. interference analysis show that the the station to provide service to the area For stations returning to their analog requested change would result in served by the station’s analog facility. channel, this discrepancy between the interference that would exceed the 0.1 31. In the creation of the initial Table proposed Appendix B parameters and percent interference standard adopted of Allotments, DTV channels were the analog coverage area may have been in the Second DTV Periodic Report and chosen to allow service on the channel due to translation discrepancies that Order and the affected station has not to best match the Grade B service occurred over a series of engineering agreed to accept this interference. We contour of the analog station with which calculations used to determine deny the requests of these stations, as it was paired. Implementation of this replication. In other cases, stations described in greater detail below. None replication goal requires a combination simply requested an increase in power of them are requesting changes to reflect of transmitter site, ERP, directional or a change to the station’s antenna DTV facilities they are operating or are antenna characteristics, and antenna pattern to permit the station to serve authorized to operate. Consistent with height that is adequate to cover at least more of the area served by the station’s our decisions above, we decline to the same area as was served by the analog facilities. change the facilities specified in DTV analog station. In the Sixth Report and 34. In response to the comments filed Table Appendix B where the station Order in this docket (62 FR 26684, May on behalf of these stations, we have requesting the change does not meet the 14, 1997) (‘‘Sixth Report and Order’’), recalculated Appendix B facilities based applicable interference standard and is however, the Commission determined on replicating the analog coverage that not yet providing service to the public. that the maximum permissible power was used to determine their initial DTV We note, however, that each of these for all allotments in the initial DTV table facilities. If the recalculation stations must file an application for Table would be 1000 kW. For some would result in a reduction in the authority to construct its post-transition stations whose analog channel was in Appendix B facilities, we are adopting facility, and at that time may be able, the VHF band and whose initial DTV herein the larger Appendix B facilities consistent with the procedures channel was in the UHF band, an ERP that we had initially proposed in the ultimately adopted in the Third Periodic of 1000 kW was not sufficient to permit Seventh Further Notice. If the Review proceeding, to specify facilities replication of the station’s analog recalculation would result in a larger in that application that more closely service. coverage area and our analysis indicates approach the parameters requested in 32. On FCC Form 381, the that the recalculated facilities (1) Meet their comments. Following is a list of Commission permitted stations the the 0.1 percent interference standard these stations and a description of their choice of certifying to operate their post- specified in the Second DTV Periodic individual circumstances. transition DTV station based on: (1) A Report and Order (69 FR 59500, October 37. WEDU, Tampa, FL. Florida West current station authorization; (2) a 4, 2004) (‘‘Second DTV Periodic Report Coast Public Broadcasting, Inc. pending application for maximization and Order’’) or (2) would cause more (‘‘FWCPB’’), licensee of NCE station that had not been authorized due to a than 0.1 percent new interference but WEDU, channel *3, and WEDU–DT, pending international coordination the affected station(s) agree to accept the channel *54, Tampa, FL, received issue; or (3) replication facilities. interference, we are granting the request channel *13 for its TCD in the proposed Stations certifying to replication to change DTV Appendix B to reflect the DTV Table. FWCPB requests that the facilities that had not changed their larger coverage area. These stations are proposed DTV Table Appendix B be DTV channel since the 1998 DTV listed in Appendix D3 and the revised revised to specify omnidirectional Second MO&O (64 FR 4322, January 28, parameters for these stations are facilities for WEDU at an ERP of 40 kW. 1999) (‘‘Second MO&O’’) had their reflected in the revised DTV Table The Commission’s interference analysis replication facilities based on the Appendix B, infra. There were no based on recalculated Appendix B facilities established in Appendix B of comments filed opposing these facilities shows that WEDU would cause the Second MO&O. requested changes. 1.16 percent new interference to WTLV, 33. Several commenters argue that, 35. We believe that permitting these Jacksonville, Florida (analog channel 12, because of the 1000 kW maximum changes to the proposed DTV Table is post-transition digital channel TCD imposed in the Sixth Report and Order, consistent with our overall goal in the channel 13). the Commission’s decision to base DTV transition of encouraging 38. WGTV, Athens, GA. Georgia replication during the channel election replication of analog service. One of the Public Telecommunications process on the station’s initial DTV Commission’s objectives throughout the Commission (‘‘GPTC’’), licensee of NCE facilities established in the Second transition has been to permit station WGTV, channel *8, and MO&O rather than the station’s analog broadcasters to reach with digital permittee of WGTV–DT, channel *12, facilities resulted in the Commission service the audiences they have been Athens, GA, received channel *8 for its proposing parameters in the DTV Table serving with analog service so that TCD in the proposed DTV Table. GPTC VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54725 requests that the proposed parameters in must do so through the existing result in fewer signal reception DTV Table Appendix B be changed to allotment procedures. difficulties for these viewers than permit WGTV to increase power and 41. The Commission stated that any channel 5. Corridor also argues that operate with an omnidirectional request for an alternative channel operation on channel 8 would reduce its antenna. The Commission’s interference assignment must either meet the 0.1 operating costs. analysis based on recalculated percent additional interference standard 45. Corridor argues that, with respect Appendix B facilities shows that WGTV or be accompanied by a request for a to new channel allotments after the would cause 0.19 percent new waiver of the 0.1 percent limit or the transition, the Commission proposed to interference to WCIQ, Mount Cheaha, signed written consent of the affected utilize an interference protection Alabama (analog channel 7, post- licensee. The Commission stated that it requirement based on engineering transition digital channel 7). would grant waivers of the 0.1 percent criteria (e.g., permissible interference), 39. KOED, Tulsa, OK. Oklahoma limit where doing so would promote rather than geographic spacing, and to Educational Television Authority overall spectrum efficiency and ensure use an interference standard of 0.5 (‘‘OETA’’), licensee of NCE station the best possible service to the public, percent. Corridor argues that this KOED–TV, channel *11, and KOED–DT, including service to local communities. proposed standard should be given channel *38, Tulsa, OK, received 42. We received comments filed on significant weight in considering channel *11 for its TCD in the proposed behalf of 22 stations requesting a change requests to waive the 0.1 percent DTV Table. OETA requests that DTV in the channel assigned to the station for standard in connection with the TCD Table Appendix B be revised to reflect post-transition operation in the selection process. The Commission’s an increase in antenna height for KOED. proposed DTV Table. For 13 of these interference analysis shows that the The Commission’s interference analysis stations, we will grant the requested requested change would cause 0.79 based on recalculated Appendix B channel change. A list of the stations for percent interference to KTBC, Austin, facilities shows that the KOED would which we are granting an alternative Texas (analog channel 7, post-transition cause 0.16 percent new interference to channel appears in Appendix D5, infra, digital channel 7) and 0.47 percent KTUL, Tulsa, Oklahoma (analog and we have revised the DTV Table for interference to NCE station KLRN, San channel 8, post-transition digital these stations accordingly. For each of Antonio, Texas (analog channel 9, post- channel 10). these stations, we believe that the transition digital channel 9). KTBC circumstances described by the station License, Inc., licensee of KTBC, filed an Requests for Alternative Channel are consistent with one or more of the opposition to Corridor’s request to Assignments criteria for consideration of alternative waive the 0.1 percent interference limit. 40. We will grant certain stations’ channel assignments outlined in the In addition, Alamo Public requests for an alternative channel Seventh Further Notice. Furthermore, Telecommunications Council, licensee assignment, consistent with our none require waiver of the 0.1 percent of KLRN, filed an opposition to proposal in the Seventh Further Notice. interference standard, because they Corridor’s request, also arguing that In paragraph 25 of the Seventh Further either do not exceed that limit or have Corridor should not receive a waiver of Notice, the Commission stated that it acquired the agreement of the affected the 0.1 percent interference standard. would consider requests for alternative station(s). 46. We note that the 0.5 percent channel assignments only from the 43. For two stations, we deny the standard is only a proposal and a following: (1) Licensees unable to request for an alternative channel different standard could be adopted. construct full, authorized DTV facilities assignment. According to the Moreover, the new interference caused on the TCDs that they requested and Commission’s interference analysis, the to KTBC, 0.79 percent, not only received because, in order to avoid new channels requested by these significantly exceeds the current 0.1 causing impermissible interference to stations cause interference to another percent interference standard applied to other TCDs and still obtain their station in excess of the 0.1 percent channel substitution requests, it also preferred channel, they had to agree to standard and there is no agreement with exceeds even the proposed 0.5 percent construct facilities on their TCD that are the affected station accepting this standard. In view of the significant level smaller than those to which they had interference. As discussed below, we of impermissible interference caused by certified on FCC Form 381; (2) licensees decline to waive our interference limit the proposed KCWX channel with international coordination issues for these stations. Following is a brief substitution, we decline to waive our which the Commission has been unable discussion of these two stations and the interference limit in this situation. We to resolve with the Canadian and relevant circumstances. do not believe that a waiver in these Mexican governments; (3) licensees 44. KCWX, Fredericksburg, TX. circumstances would promote overall with TCDs for low-VHF channels Corridor Television LLP, Inc., spectrum efficiency or ensure the best (channels 2–6); and (4) new licensees (‘‘Corridor’’), licensee of singleton possible television service to the public and permittees that attained such status station KCWX, channel 2, or the local community. after the start of the channel election Fredericksburg, TX, received channel 5 47. WMYT, Rock Hill, SC. WMYT–TV, process and to which we assigned a for its TCD in the proposed DTV Table. Inc., (‘‘WMYT’’), licensee of station TCD for post-transition DTV operations Corridor requests the substitution of WMYT–TV, channel 55, and permittee because their assigned NTSC or DTV channel 8 for its TCD of channel 5. of WMYT–DT, channel 39, Rock Hill, channel was determined to cause Corridor recognizes that the allotment of SC, received channel 39 for its TCD in impermissible interference to existing channel 8 to KCWX would require a the proposed DTV Table. WMYT licensees. The Commission stated that waiver of the 0.1 percent interference requests the substitution of Channel 46 licensees that want to change their DTV standard, but argues that grant of a for its TCD of Channel 39. WMYT allotment, but which are not in any of waiver would contribute to clearing the argues that Channel 46 is fully spaced these categories (e.g., are technically lower VHF band so that it can be used to other stations, while Channel 39 is able to construct their full, authorized for other purposes. In addition, Corridor short-spaced to two stations. WMYT DTV facilities on their existing TCD) states that it serves viewers in a rural also argues that the station would cause may request a change in allotment only area that rely more heavily on overthe- less interference on Channel 46 at its after the DTV Table is finalized and air signals and that channel 8 would preferred ERP than it does at the lower VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54726 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations assigned ERP on Channel 39. In antennas, so we will delete the antenna University (‘‘Northern Michigan’’), filed addition, WMYT states that operation identification number in Appendix B for Jan. 10, 2007, at 2 (relating to NCE on Channel 46 would permit it to serve these stations. For WCPO, the correct station WNMU–DT, Marquette, MI); up to 500,000 additional viewers. The 110 degree value of 1 was used when we Comments of Puerto Rico Public Commission’s interference analysis generated Appendix B and we will Broadcasting Corporation, filed Jan. 25, shows that the requested change would correct the antenna pattern in the FCC’s 2007 (relating to station WIPR–DT, San cause 0.64 percent new interference to CDBS database. Finally, Griffin Tulsa II Juan, PR); Comments of PTCB at 1 WYCW, Asheville, NC (analog 62, post- Licensing, LLC requests that we change (relating to station KPCB–DT, Snyder, transition digital channel 45). Appendix B for KQCW, Muskogee, OK TX, whose proposed post-transition 48. In view of the level of interference to reflect a relative field value of DTV Appendix B facilities accurately caused to WYCW, we do not believe it ‘‘0.958’’ instead of ‘‘0.096’’ in the reflect the coverage of the KPCB is appropriate to waive our interference reference pattern at 280 degrees. We certified construction permit); standard in this situation. The level of have made this change and it is Comments of CBS Corporation (‘‘CBS’’), interference caused is far in excess of reflected on Appendix B, infra. filed Jan. 25, 2007, at 4 (relating to the applicable 0.1 percent standard. In Speculative Requests To Change station KCBS–DT, Los Angeles, CA); addition, the new interference caused to Appendix B Facilities and Comments of Tribune Broadcasting WYCW of 0.64 percent exceeds even the Company (‘‘Tribune’’), filed Jan. 29, 51. We reject the premature or 0.5 percent new interference standard 2007, at 5 (relating to stations WGNO– incomplete requests of certain stations we proposed apply to new channel DT and WNOL–DT, New Orleans, LA). seeking changes to their facilities as allotments after the transition. As we In general, these commenters anticipate concluded with respect to the proposed proposed in the post-transition DTV Table Appendix B when these changes filing requests for changes to station channel substitution of KCWX, supra, in parameters in the future, but do not yet view of the significant level of pertain to speculative future events or could best be accomplished through the have all of the information necessary to impermissible interference that would request changes at this time. See, e.g., be caused by the WMYT request we do upcoming application process. These requests are not for modifications of the Comments of Pappas Entities at 4–5 not believe that a waiver of our (stating intent to duplicate its analog interference standard would promote coverage area as defined by the proposed DTV Table Appendix B to facilities for KSWT–DT) and at 6 our overall spectrum efficiency or (speculating possible need for new site ensure the best service to the public. match authorized or licensed coverage. Instead, these stations comment that for KDBC–DT); Comments of Mission at Additional Requests to Change they may be unable to serve the 6–7 and at 10 (stating future intent to Appendix B Facilities coverage area, which is described in the modify KJTL–DT and WFXP–DT); and Comments of Tribune at 3 (stating intent Antenna Information proposed DTV Table Appendix B, on their post-transition channel due to to apply for different facilities not yet 49. We deny the requests of certain differences in station parameters on the determined for WGNO–DT and WNOL– stations seeking to add antenna new channel or different equipment the DT, both of which were destroyed by identification numbers to the proposed station would like to use. These are Hurricane Katrina). On July 23, 2007, post-transition DTV Table Appendix B. changes that should be requested in an Tribune filed an ex parte specifying the Several stations requested that we application to construct or modify post- new parameters for these stations. See change the proposed DTV Table transition facilities on the new channel Tribune ex parte (dated July 23, 2007). Appendix B to include such antenna filed consistent with the procedures and In addition, in cases where a station identification numbers. In developing standards for such applications adopted certified to replication facilities or will the proposed post-transition DTV Table in the Third DTV Periodic Review not use its current DTV channel for Appendix B, we did not include any proceeding, including compliance with post-transition operations, some stations antenna identification number for the filing freeze and interference comment that they may not be able to stations operating with an standard. construct the precise facilities specified omnidirectional antenna. An 52. Commenters notified the in the proposed DTV Table Appendix B. omnidirectional antenna provides the Commission of possible future changes For example, Pappas Entities, which same power level in every azimuthal to the parameters for 13 stations. See certified to replication facilities for direction and antenna identification Comments of Pappas Entities, filed Jan. KSWT–DT, argues in its comments that numbers are only used for directional 25, 2007, at 4–5 (relating to station it is virtually impossible for a VHF antennas in order to determine the KSWT–DT, Yuma, AZ) and at 6 (relating directional antenna to duplicate exactly different power levels in each direction. to station KDBC–DT, El Paso, TX); the directional pattern originally Accordingly, where stations request the Comments of Mission Broadcasting Inc. designed for a UHF antenna. This issue addition of an antenna identification (‘‘Mission’’), filed Jan. 25, 2007, at 6–7 was addressed in the Third DTV number to Appendix B, we will not (relating to station KJTL–DT, Wichita Periodic Review NPRM (72 FR 37310, make that change if our database Falls, TX) and at 10 (relating to WFXP– July 9, 2007) (‘‘Third DTV Periodic indicates that the station is authorized DT, Erie, PA); See Comments of Twin Review NPRM’’) at ¶¶ 92–93 (proposing for an omnidirectional antenna. Cities, at 3 (relating to NCE station post-transition application rules and 50. In addition, Scripps Howard KTCI–DT, St. Paul, MN); Comments of procedures). In general, these stations Broadcasting requests that we change The Arizona Board of Regents (‘‘Arizona note that, while the station seeks to Appendix B for KNXV, Phoenix, Board’’), filed Jan. 25, 2007, at 1 serve the same coverage area on the Arizona and WCPO, Cincinnati, Ohio to (relating to NCE station KAET–DT, post-transition channel as defined by reflect an antenna pattern value of ‘‘1’’ Phoenix, AZ); Comments of Barrington the facilities specified in Appendix B, for 110 degrees. Trinity Broadcasting of Peoria License LLC (‘‘Barrington the station will operate with different Indiana, Inc. makes a similar request for Peoria’’), filed Jan. 25, 2007, at 1 equipment and/or other parameters on WCLJ, Bloomington, Indiana. The (relating to NCE station WHOI–DT, the channel than those specified in channel allotments for KNXV and WCLJ Peoria, IL); Comments of the Board of Appendix B. See, e.g., Comments of are based on the use of omnidirectional Trustees of Northern Michigan Twin Cities at 3 (stating intent to use VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54727 another station’s existing antenna for not preclude the filing of an application WGNO, channel 26, and permittee of KTCI–DT); Comments of Arizona Board to modify a construction permit to WGNO–DT, channel 15, New Orleans, at 1 (stating intent to use its analog specify facilities listed for the station in LA, received channel 26 for its TCD in channel’s existing antenna for KAET– the post-transition DTV Table Appendix the proposed DTV Table. Tribune is also DT); Comments of Barrington Peoria at B. Accordingly, Pappas can file for the licensee of station WNOL, channel 1 (stating intent to use its analog modification based on current rules and 38, and permittee of WNOL–DT, channel’s existing top-mounted antenna procedures and does not need a waiver channel 40, New Orleans, LA, which site for WHOI–DT); Comments of of the freeze. However, to the extent that received channel 15 for its TCD in the Northern Michigan at 2 (stating intent to Pappas seeks a change in its post- proposed DTV Table. Tribune states that use its analog channel’s existing transition DTV facilities that would the analog and digital transmission antenna site for WNMU–DT); Comments result in an expanded or shifted facilities of both of these stations were of PTCB at 1 (stating intent to use its coverage area, such a change would destroyed by Hurricane Katrina. Tribune analog channel’s parameters for KPCB– violate the filing freeze and Pappas must states that it has worked to resume and DT); and Comments of CBS at 4 (stating wait until the freeze is lifted to make then improve reduced-power analog intent to use another station’s such a request. operations for both stations but that it parameters for KCBS–DT). We find that 55. Stations KTCI–DT, KAET–DT, has not yet been able to restore DTV these speculative or incomplete requests WHOI–DT, WNMU–DT, KPCB–DT, operations. Tribune is evaluating are not yet ripe for Commission action. WIPR–DT, and KCBS–DT will use a alternative sites for the DTV operations If and when these stations need to different channel from their current of these stations and recently reported request changes to station parameters DTV channel for post-transition that it has finalized negotiations to and have full information regarding the operations. These stations, and others relocate the digital operations of the nature of the changes, the station should that seek to use their analog channel or stations to another tower. Tribune file a request following the procedures a new channel for post-transition recently filed an ex parte to request that appropriate for the change requested. operations, may not file an application the proposed DTV allotments for WGNO 53. In response to these premature or to construct their post-transition and WNOL be changed to reflect the speculative requests to modify facilities, facilities until the final post-transition technical parameters for the facilities it we refer commenters to our discussion rules and procedures are established by will construct at the new site. The in the Third DTV Periodic Review the Report and Order in the Third DTV Commission is committed to continuing NPRM concerning the rules and Periodic Review proceeding. We to work with stations affected by procedures for filing applications for recognize that these stations may need Hurricane Katrina to help those stations construction permits to build stations’ to request different parameters from commence or re-commence operations. post-transition (DTV) facilities and to those specified in the post-transition Because this request applies to post- request authorization to maximize DTV Table Appendix B, even though transition operations, we will offer the facilities. We remind stations that they these stations are not seeking to change proposal for further comment. must file construction permit or the coverage area of their post-transition modification applications (i.e., FCC channel. These stations should address Proposals Subject to the Filing Freeze Form 301 or 340) if they need to request this situation in their applications for 58. We deny the requests of stations authority to construct or modify their their post-transition channels. If a seeking a waiver of the filing freeze, post-transition facilities. Moreover, in station that is moving to a different except for one station which has the Third DTV Periodic Review NPRM, channel for post-transition use demonstrated unique circumstances. the Commission proposed that stations determines that the parameters Seven stations filed comments must limit their applications to those necessary to serve the coverage area requesting a change in and/or expansion facilities specified in the new DTV specified in the post-transition DTV of the facilities specified in the Table Appendix B and that applications Table Appendix B differ from those proposed post-transition DTV Table requesting facilities that would serve a specified in the post-transition DTV Appendix B that is inconsistent with the larger area than stations’ new DTV Table Table Appendix B, it should apply for August 2004 filing freeze. This freeze on Appendix B facilities would not be those changes in its application. The the filing of certain applications was accepted. Stations that wish to apply for Commission will evaluate those imposed to provide for a stable database reduced facilities may do so, but must applications using the interference while the Commission developed the comply with the reduction standard standard and other processing standards post-transition DTV Table. The freeze ultimately adopted in the Third DTV adopted in the Third DTV Periodic precludes any expansion of a station’s Periodic Report and Order. Report and Order. post-transition noise limited service 54. The appropriate rules, procedures 56. We note that some commenters contour beyond that of the station’s and timing for filing these applications have asked for changes to the proposed certified Grade B contour. The freeze will depend on whether the station will post-transition DTV Table Appendix B remains in effect while the DTV Table be using its current DTV channel or facilities to conform to specific parts of is being finalized to assist the another channel for post-transition their licensed or authorized facilities. Commission in providing stations with operations. Stations KSWT–DT, KDBC– Although we are allowing stations to authorizations for post-transition DT, KJTL–DT and WFXP–DT will use change their certifications and post- facilities. The stations whose comments their current DTV channel for post- transition DTV Table Appendix B are discussed below are not requesting transition operations. These stations, facilities to reflect an existing license or changes to DTV Table Appendix B to and others that seek to modify their authorization, stations must conform to reflect authorized facilities to which facility on their current DTV channel, all portions of that license or they could have certified on FCC Form may file an application at any time, authorization and may not choose 381, consistent with the 0.1 percent provided they comply with the relevant various parts of that license or interference standard, or to match interference standard and do not violate authorization. constructed and operating facilities. In the filing freeze. In response to Pappas 57. WGNO and WNOL, New Orleans, contrast, the stations discussed below Entities’ request for clarification on this LA. Tribune Television New Orleans, are requesting changes that violate the issue, we note that the filing freeze does Inc. (‘‘Tribune’’), licensee of station filing freeze and do not meet the criteria VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54728 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations for a change to certified facilities channel 55, Gulf Shores, AL, received proposed DTV Table. In its FCC Form discussed in the Seventh Further Notice. channel 25 for its TCD in the proposed 381, 54 Broadcasting certified that 59. For one station, WLAE, New DTV Table. The previous licensee of KNVA would operate post-transition at Orleans, LA, we hereby waive the filing WBPG certified on FCC Form 381 that maximized facilities as authorized by an freeze and make the changes requested the station did not have a digital existing construction permit. 54 to the DTV Table Appendix B adopted allotment and would operate post- Broadcasting’s comments request that herein. For the reasons discussed below, transition based on its currently its allotment be changed to allow we believe that a waiver of the freeze for authorized analog facilities. In operation post-transition at a lower ERP this station is warranted. For the other comments filed to this proceeding, LIN but using an omnidirectional instead of stations discussed below, we decline to seeks to maximize its Appendix B a directional antenna to provide more waive the filing freeze and decline to facilities for WBPG by increasing its viewers with DTV service. These make the requested changes to ERP, changing its antenna pattern, and requested changes would violate the Appendix B. In order to preserve the changing transmitter location. The freeze. KNVA does not have a current integrity of the licensing process and changes requested would violate the authorization for these facilities and the avoid giving certain stations an unfair filing freeze. LIN does not have an request does not meet the criteria for a advantage over others in seeking existing authorization for these facilities change to certified facilities discussed expanded facilities, we have granted and does not meet the criteria for a in the Seventh Further Notice. waivers of the filing freeze only in very change to certified facilities discussed 66. KPXC, Denver, CO. Paxson Denver limited circumstances. In general, before in the Seventh Further Notice. License, Inc. (‘‘Paxson’’), licensee of we can consider stations’ requests to 63. WUOA, Tuscaloosa, AL. The station KPXC-TV, channel 59, and modify and, in particular, expand their Board of Trustees of the University of permittee of KPXC-DT, channel 43, DTV facilities, we must first ensure that Alabama (‘‘University of Alabama’’), Denver, CO, received channel 43 for its all stations can at least provide digital singleton licensee of analog station TCD in the proposed DTV Table. In its service to their analog viewers by the WUOA, channel 23, Tuscaloosa, AL, FCC Form 381, Paxson certified to transition date. Except for the unique received channel 23 for its TCD in the replication facilities, which are reflected circumstances present in the case of proposed DTV Table. The previous in the proposed Appendix B parameters WLAE, we find that these stations have licensee of WUOA, Channel 23, LLC, for KPXC-DT. In its comments, Paxson failed to demonstrate that a waiver of certified in its FCC Form 381 that it did seeks a change in KPXC’s certified the freeze would advance their not have a DTV channel allotment and facilities to conform to those it recently transition to DTV or that the station’s intended to operate its post-transition requested in a January 2007 circumstances warrant a waiver of the station based on its currently authorized construction permit application, freeze for any other reason. A analog license. In comments filed to this including a site change. Paxson states description of these stations’ individual proceeding, the University of Alabama that the would-be tower owner at the circumstances is provided below. seeks to maximize the Appendix B original KPXC-DT site received initial 60. WLAE, New Orleans, LA. facilities for WUOA by increasing the local zoning board approval from the Educational Broadcasting Foundation, permitted ERP, changing the antenna Board of Commissioners of Jefferson Inc. (‘‘EBFI’’), licensee of NCE station pattern, and changing transmitter County in 2003, which was affirmed by WLAE, channel 32 and permittee of location. The facilities requested would the Jefferson County District Court. In WLAE–DT, channel 31, New Orleans, violate the filing freeze. The University 2006, however, the decision was LA, received channel 31 for its TCD in of Alabama does not have an existing overturned by the Colorado Appeals the proposed DTV Table. EBFI did not authorization for such facilities and the Court which remanded the case to the file a Form 381 for WLAE and, request does not meet the criteria for a Board of Commissioners. The Board of accordingly, the station received change to certified facilities discussed Commissioners subsequently sought replication facilities in the proposed in the Seventh Further Notice. certiorari from the Colorado Supreme post-transition DTV Table Appendix B. 64. KQSD, Lowry, SD. South Dakota Court, which has yet to make a decision. At the time that certifications were due, Board of Directors for Educational Paxson states it ‘‘has no expectation that WLAE–DT had a construction permit for Telecommunications (‘‘SDBD’’), it could construct the station on Mt. maximized facilities. In August 2005, licensee of NCE station KQSD–TV, Morrison before the statutory WLAE’s facilities were destroyed by channel *11 and KQSD–DT, channel termination of analog service’’ and it Hurricane Katrina. EBFI now asks to *15, Lowry, SD, received its analog would thus be ‘‘more reasonable for the change the station’s certification to its channel *11 for its TCD in the proposed allotment to correspond to the previously authorized maximized DTV Table. In its FCC Form 381, SDBD parameters proposed in the new CP facilities. certified to replication facilities and was application.’’ 61. We will waive the freeze to allow given the allotted replication facilities 67. Paxson’s request would result in WLAE–DT to apply for the maximized in the proposed Appendix B. In its a significant shift in the area served by facilities specified in its initial comments, SDBD requests a change in KPXC, such that the station’s digital construction permit. WLAE was one of Appendix B for KQSD–DT to increase signal would not reach a large area that the 41 stations expressly invited to the HAAT and change the geographic is currently served by this station, and request maximized facilities for which coordinates. These changes violate the would violate the filing freeze. We are they would have been allowed to filing freeze. KQSD does not have a concerned, however, about the zoning certify. As noted above, the WLAE–DT current authorization for these facilities issue faced by this station and by maximized facilities were authorized at and the request does not meet the Paxson’s stated expectation that it will the time that certifications were filed. criteria for a change to certified facilities not be able to construct its full DTV Our actions herein will aid in the discussed in the Seventh Further Notice. facility before the transition deadline on restoration of public television service 65. KNVA, Austin, TX. 54 February 17, 2009. While we do not to the city of New Orleans. Broadcasting, Inc. (‘‘54 Broadcasting’’), believe that shifting Paxson’s coverage 62. WBPG, Gulf Shores, AL. LIN of licensee of station KNVA, channel 54, as proposed is the proper resolution, Alabama, L.L.C. (‘‘LIN’’), singleton and KNVA–DT, channel 49, Austin, TX, and therefore deny Paxson’s request for licensee of analog station WBPG, received channel 49 for its TCD in the a waiver of the freeze, we hereby invite VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54729 Paxson to propose another site that Stations Not Eligible To Participate in Mexico, even if those facilities differ would result in a less dramatic change the Channel Election Process from the preferred facilities sought by to its current service area and 70. We deny the requests of pending the station, if international coordination population. We will consider such a applicants for a new television station to issues arise that delay action on a request in the application process add new allotments to the post- pending application and those issues following adoption of the Report and transition DTV Table. Comments were cannot be resolved in time to allow Order in the Third DTV Periodic Review filed by such pending applicants construction to be completed before the proceeding. We also urge Paxson to arguing that the Commission failed to end of the transition. 72. We note that all stations in the keep us informed concerning progress include such allotments in the proposed U.S.-Canadian or U.S.-Mexican border and events in the zoning case in DTV Table. In each case, the commenter area with a TCD on a channel that is not Colorado. has an application for a construction their current digital channel will have to 68. WMHT, Schenectady, NY. WMHT permit for a new television station on file an application for the TCD channel Educational Telecommunications the requested new allotment pending at (‘‘WMHT’’), licensee of NCE station following adoption of the Report and the Commission. In the Second DTV Order in the Third DTV Periodic Review WMHT-TV, channel *17, and permittee Periodic Report and Order, the of WMHT-DT, channel *34, proceeding. A list of these stations is Commission made it clear that only attached hereto in Appendix D4. The Schenectady, NY, received channel *34 Commission licensees and permittees for its TCD in the proposed DTV Table. Commission is working to coordinate all would be eligible to participate in the Appendix B facilities as a group so that In its comments, WMHT supports the channel election process. Applicants for proposed allotment of channel *34 but individual applications do not need to new stations and petitioners for new be coordinated. If there are requests a change of its community of allotments were expressly excluded license from Schenectady to Albany. circumstances where this is not from making elections. In the Seventh possible, the Commission will work WMHT argues that it should be allowed Further Notice, we noted that a number to change its community of license with these stations to expedite of pending applications for new international coordination of their because its market is defined as a television stations had been granted hyphenated market, Schenectady- applications. since the start of the channel election 73. In the Seventh Further Notice, the Albany, in the NTSC Table of process, and we accommodated those Commission identified two allotments Allotments. In addition, WMHT argues permittees with TCDs in the proposed for which it had received recent that the station’s ‘‘Troy studio and DTV Table. In addition, we announced objections from Industry Canada: Altamont tower locations permit it to a method by which we would assign WBSF–DT, (TCD on channel 46), Bay serve the entire New York Capital TCDs to other new permittees whose City, MI and KAYU–DT, (TCD on District and beyond.’’ No other pending applications for new television channel 28), Spokane, WA. The comments were filed related to this stations were granted before an Order Commission included the TCDs for TCD. finalizing the DTV Table is adopted. We these channels in the proposed DTV 69. We decline to make the allotment also stated that, before the end of the Table, but sought comment from these change requested by WMHT at this transition, we would issue an NPRM to licensees concerning whether they are time. The Commission did not use amend the DTV Table in order to allot willing to reduce coverage on the TCD hyphenated markets in the initial DTV a DTV channel for each remaining in order to address Canadian concerns. Table and did not use hyphenated authorized facility that does not have an The Commission also noted that these markets in the new DTV Table proposed allotted DTV channel. Thus, if any other licensees could request an alternative in the Seventh Further Notice. While the pending applications are granted before post-transition DTV allotment. Both of market may have been hyphenated in the end of the transition, we will these stations have filed comments the NTSC Table, WMHT’s license lists attempt to accommodate these stations indicating their belief that the current the station’s market as Schenectady and with a DTV channel for post transition proposed TCD does not in fact cause not as a hyphenated market. WMHT’s operation. impermissible interference, and have request to change its community of submitted engineering statements in Stations Awaiting International license is precluded by the support of their positions. These Coordination Commission’s filing freeze. We further stations request that the Commission conclude that WMHT has not 71. In the Seventh Further Notice, the continue to negotiate with Industry demonstrated that a waiver of the freeze Commission noted that proposed Canada to permit them to operate on the is warranted. WMHT does not suggest allotments near the U.S.-Canadian and TCD proposed in the Seventh Further that the change in community of license U.S.-Mexican borders require Notice. We are adopting our proposed is necessary to advance its digital coordination with those countries. The allotments for these stations, subject to transition process. Instead, WMHT Commission stated that our our continuing negotiations with states only that the proposed change international negotiations are Canada which relate to these allotments ‘‘entails no change in the current continuing in a cooperative manner and as well as all other new DTV allotments operation,’’ ‘‘will result in no we indicated that we do not believe that in the border area. diminution of service to Schenectady,’’ these negotiations will delay stations’ and is intended for ‘‘future state ability to construct their post-transition Resolution of TCDs Pending After funding, grant funding, and membership facilities. We continue to believe that Round Three recruitment’’ because an Albany international coordination of digital 74. We adopt our tentative community license provides ‘‘greater allotments will proceed in a manner conclusions in the Seventh Further recognition to the licensee’s that will allow affected stations to Notice with respect to the resolution of operations.’’ We note that WMHT may construct digital facilities by the four allotments that remained seek a change in its community of transition deadline. In some cases, outstanding after TCDs were announced license after the freeze is lifted, however, stations may need to proceed for the third round of channel elections. consistent with the Commission’s rules with constructing authorized facilities The Commission noted that these TCDs for post-transition operations. to the extent approved by Canada or represented challenging and difficult VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54730 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations cases in crowded markets necessitating statement in the Seventh Further Notice transition DTV operations. In that waiver of the freeze or the 0.1 percent that WNJB had not built its digital regard, we note that the Third DTV interference standard in order to find facility. In fact, WNJB has built only Periodic Review NPRM seeks comment appropriate channels for post-transition smaller DTV facilities pursuant to STA on a proposal to allow stations that are operation that would ensure the best and has still not constructed its full, moving to new post-transition channels possible service to the public and authorized DTV facility, in contrast to (such as WEDH and WEDN) to begin promote overall spectrum efficiency. We WABC’s early construction and operating on their new channels before received comments from some of the rebuilding of full DTV facilities after the the transition date, under certain parties involved in these cases and September 11, 2001 destruction of their conditions. If such a proposal is address each of these proposed facilities. adopted, CPBI would be able to apply allotments below. 77. NJPBA also claims that, based on for pre-transition DTV operations on 75. WABC, New York, NY. American an agreement between the parties, it is their new allotments. Broadcasting Companies, Inc. (‘‘ABC’’), entitled to a waiver of the Commission’s 80. KTFK, Stockton, CA. Telefutura the licensee of station WABC–TV, current freeze on modification Sacramento, LLC (‘‘Telefutura’’), the channel 7 and WABC–DT, channel 45, applications and thereby allowed to co- licensee of station KTFK–TV, channel New York, NY, was granted a waiver of locate its transmitting facilities at Four 64, and KTFK–DT, channel 62, the 0.1 percent interference standard in Times Square in New York City. As Stockton, CA, was granted a waiver of the Seventh Further Notice and received noted by ABC, NJPBA did not file its the filing freeze in the Seventh Further channel 7 for its TCD in the proposed application and waiver request to Notice to permit it to modify KTFK’s DTV Table. ABC and The New Jersey modify WNJB–DT’s facilities until after certified facilities and receive channel Public Broadcasting Authority release of the Seventh Further Notice. 26 for its TCD in the proposed DTV (‘‘NJPBA’’), the permittee of WNJB–DT, Moreover, NJPBA offers no showing that Table. No comments were filed channel *8, New Brunswick, NJ, filed it could not achieve its transition absent opposing this proposed allotment. comments related to this TCD. During a waiver of the freeze. Thus, we disagree Accordingly, we adopt this TCD and the channel election process, NJPBA with NJPBA that allotment of channel 7 allot channel 26 to KTFK, Stockton, CA. initially objected to the grant of a waiver to ABC necessitates, or entitles NJPBA 81. KVIE, Sacramento, CA. KVIE, Inc., for WABC and later sought a waiver of to, a waiver of the freeze. The Media the licensee of NCE station KVIE, the freeze to move its digital operations Bureau will consider WNJB’s channel *6 and KVIE–DT, channel *53, on channel 8 to New York City. These application and waiver request in the Sacramento, CA, was granted a waiver arguments were fully considered by the normal course of processing. As noted of the 0.1 percent interference standard Commission in deciding to grant ABC’s in the Seventh Further Notice, and received channel *9 for its TCD in request for waiver of the 0.1 percent consideration of NJPBA’s application is the proposed DTV Table. KVIE, Inc. interference standard, required in light best left until after the filing freeze is filed comments in favor of the proposed of the predicted 2.8 percent new lifted. Accordingly, we allot channel 7 allotment. No comments were filed interference to WNJB. The Commission to WABC. opposing this proposed allotment. concluded that the loss of service for 78. WEDH, Hartford, CT and WEDN, Accordingly, we adopt this TCD and WABC would affect current viewers of Norwich, CT. Connecticut Public allot channel *9 to KVIE(TV), WABC, while the predicted loss of Broadcasting, Inc. (‘‘CPBI’’), the licensee Sacramento, CA. of NCE stations WEDH, channel *24, service for WNJB would affect areas TCDs for New Permittees Granted permittee of WEDH–DT, channel *32, outside of its current service area and During Proceeding primarily outside of the state of New Hartford, CT and WEDN, channel *53, Jersey. The Commission noted that permittee of WEDN–DT, channel *9, 82. We adopt the TCDs announced for WABC has been a pioneer of digital Norwich, CT, received a TCD of channel the six new permittees in the New service, having built full-power digital *45 for WEDH in Hartford and a TCD of Permittees Public Notice (72 FR 2485, operations in 2001 and re-built them channel *9 for WEDN in Norwich in the January 19, 2007) (‘‘New Permittees first at Four Times Square and then on proposed DTV Table. In proposing these Public Notice’’). As discussed, supra, the Empire State Building, with a back- allotments, the Commission found it six pending applications were granted up facility at Alpine Tower in New necessary to supersede a pending swap during this rulemaking, and proposed Jersey, after the September 11, 2001 loss application and rulemaking pertaining TCDs for the new permittees were of the World Trade Center. In addition, to CPBI’s pre-transition facilities. CPBI published for comment in the New the Commission noted that allotting filed comments in favor of these Permittees Public Notice. There were no channel 7 to WABC would eliminate proposed allotments. No comments comments, or only favorable comments, any interference concerns between were filed opposing these proposed regarding the TCDs of five of the WABC and both WEDH–TV, an NCE allotments. Accordingly, we allot permittees, and they are therefore station in Hartford, CT (analog channel channel *45 to WEDH, Hartford, CT and included in this Report and Order’s *24, post-transition digital channel *45), channel *9 to WEDN, Norwich, CT. modified DTV Table and Appendix B. and WOLF–TV in Hazleton, PA (analog 79. Although CPBI supported the An objection was raised to the TCD of channel 56, post-transition digital post-transition allotments, it objected to one of the new permittees, and is channel 45). the Commission’s decision to supersede discussed below. 76. Because ABC sought the waiver the swap application and channel 83. KCWV, Duluth, MN. George S. during the channel election process, substitution rulemaking proceedings Flinn, III, new permittee of station both parties had an opportunity to associated with the changes CPBI KCWV-TV, channel 27, Duluth, MN, present their arguments prior to the requested for its Hartford and Norwich received channel 27 for KCWV’s TCD in adoption of the Seventh Further Notice. stations. We cannot reinstate these the Public Notice. The State of We find that NJPBA has not raised any applications without vitiating the basis Wisconsin—Educational new arguments that would cause us to for the post-transition channel Communications Board (‘‘ECB’’) filed reverse our grant of the interference allotments for WEDH and WEDN. We comments in opposition. ECB is the standard waiver to ABC. We note that recognize, however, that CPBI wants to licensee of NCE station WHWC–DT, NJPBA contests the Commission’s use their new allotments for pre- Channel *27, Menomonie, WI, which VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54731 received channel 27 for its TCD in the 4. Other Requests interference standard, but claims is proposed DTV Table. ECB states its 87. WSWP, Grandview, WV. We grant necessary ‘‘to meet its certification to belief that the proposed allotment of the request of West Virginia Educational replicate its NTSC coverage.’’ DTC channel 27 to Duluth ‘‘would cause Broadcasting Authority (‘‘WVEBA’’), replies that WVEBA overstates WSWP’s interference to WHWC–DT for 10,995 licensee of NCE station WSWP–TV, present analog population coverage and persons, or 1.290 percent of its noise channel *9 and permittee of WSWP–DT, understates the interference to WVFX– limited service area,’’ including ‘‘new channel *53, Grandview, WV, which DT, claiming that WVEBA’s proposal interference from Duluth channel 27 of received channel *10 for its TCD in the would cause more than 1.4 percent new 0.345 percent of the population served.’’ proposed DTV Table, for a waiver of the interference. 91. We agree with DTC that WVEBA ECB asks the Commission to instead 0.1 percent interference standard up to overstates WSWP’s present analog assign channel 47 to KCWV, arguing 2.0 percent and to the extent that it is population coverage, but we also concur that such an allotment ‘‘would cause consistent with the filing freeze. with WVEBA that WSWP–DT’s considerably less interference.’’ Mr. WVEBA requests a waiver of the 0.1 operation at the proposed 2.5 kW ERP Flinn did not file a reply. percent interference standard, claiming would not fully replicate its existing 84. Prior to the issuance of the New that WSWP–DT cannot replicate the analog coverage. We also find, however, Permittees Public Notice, the TCDs of all station’s existing analog service area on that operation of channel *10 at 20 kW new permittees were analyzed using the proposed allotment for channel *10. ERP would exceed the station’s certified computer software techniques that have Davis Television Clarksburg, LLC replication facilities and violate the been validated through extensive testing (‘‘DTC’’), permittee of WVFX–DT, current freeze on expansion of a noise and comparison of results with similar channel 10, Clarksburg, WV, and TCD limited service contour beyond its software used by other parties on channel 10 in the proposed DTV certified replication contour. To resolve participating in this proceeding. At that Table, filed reply comments opposing the conflict, we have analyzed WSWP’s WVEBA’s waiver request. time, the Commission’s interference channel facilities using a modified 88. In the first channel election round, analysis indicated that no station would replication approach to derive the WVEBA elected its analog channel *9; receive impermissible interference from proposed facilities from the analog however, this election was determined KCWV’s TCD. We have considered the Grade B contour on which the initial to cause more than 2.0 percent new DTV Table facilities were based and analysis offered in ECB’s pleadings, and interference, and, thus, disapproved. In we find that they do not match our determined that WSWP could replicate the second round, WVEBA elected its analog coverage at 18.6 kW. findings. We are confident that the channel 11, but this election was also results of our interference analysis are Operation of WSWP–DT at 18.6 kW, rejected because it was determined to however, would cause 1.73 percent new correct and accurately reflect the service cause more than 0.1 percent new areas to be provided with the facilities interference to WVFX–DT, which interference. In the third round, WVEBA exceeds the 0.1 percent interference specified and the interference elected channel 10. This election was conditions that are expected to be standard. Therefore, we must consider also determined to cause more than 0.1 WVEBA’s waiver request. present among stations. We therefore percent new interference. Consequently, 92. In evaluating WVEBA’s request for include KCWV in the modified DTV WVEBA received channel *10 as its a waiver of the 0.1 percent interference Table and Appendix B. TCD, but at reduced facilities in order standard, we find that although Stations To Be Deleted From the DTV to bring the station into compliance WVEBA’s circumstances are dissimilar Table with the 0.1 percent interference to two stations that were granted standard. Specifically, WSWP’s ERP waivers in the Seventh Further Notice, 85. Two stations, Delta College, was reduced to 2.5 kW. In response to WVEBA does offer important public licensee of NCE station WDCP–TV, the Third Round TCD PN, WVEBA filed interest bases that merit a waiver in this University Center, MI, analog channel a ‘‘Request for Partial Reconsideration,’’ case. First, WVEBA had an out-of-core *19 and permittee of DTV channel *18, supporting its proposed channel DTV channel, which would have and Rockfleet Broadcasting II, LLC, allotment, but requesting to operate at warranted a 2.0 percent interference (‘‘Rockfleet’’) licensee of station WFUP, 10 kW in order to ‘‘adequately serve the allowance to elect its analog channel *9 channel 45, and permittee of WFUP–DT, station’s current audience.’’ in the first round. However, use of channel 59, Vanderbilt, MI (satellite 89. The Seventh Further Notice channel 9 would have exceeded the 2.0 station of WFUX–TV, Cadillac, MI), proposed channel *10 as WSWP’s TCD percent standard. Second, although have notified us that they do not intend at 2.5 kW ERP in the post-transition there are UHF channels available in its to construct DTV facilities and will DTV Table. WVEBA filed comments in market, WVEBA has argued cease operation after February 17, 2009. response to the Seventh Further Notice persuasively that a UHF channel would Delta College filed a comment and and now asks for 20 kW ERP. WVEBA not replicate the station’s analog requested that we delete the TCD for contends that this power level is coverage due to the mountainous terrain WDCP on channel 18 from the Table of necessary for the station to replicate its in WSWP’s service area and would analog coverage. Allotments. require this educational station to incur 90. WVEBA certified to its replication ‘‘significant increased capital and 86. Rockfleet notified us during the facilities on Form 381. WVEBA claims operational costs.’’ Third, NCE station first round of the channel elections that that its current analog station serves WSWP offers unique educational it does not intend to construct a post- 906,075 people and that its proposed programming to an economically transition DTV facility for WFUP. operation of its digital facility on disadvantaged community that relies on Rockfleet explained that Vanderbilt will channel 10 at 20 kW ERP would serve over-the-air broadcasting for their TV be served by the digital signal of 900,098 people. WVEBA further asserts service. WFUX–DT. Consequently, we did not that its proposal to operate WSWP at 20 93. Our analysis indicates that assign a TCD for this station. Rockfleet kW ERP will result in new interference WSWP’s operation on channel 10 with will surrender its license for of 0.7 percent to WVFX–DT, which it full replication facilities would cause cancellation after February 17, 2009. acknowledges exceeds the 0.1 percent less total interference than would its VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54732 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations operation on channel 9, 11 or any other 97. WNYA, Pittsfield, MA. In response are changing Appendix B to specify an high VHF channel. We conclude that to comments filed opposing the ERP for WNYA of 12.6 kW. WSWP would have been eligible for up proposed post-transition facilities of 101. WLFL, Raleigh, NC. We deny the to 2.0 percent new interference using its WNYA, Pittsfield, MA, we will change request of Sinclair Broadcast Group, Inc. own analog channel 9 for post-transition station WNYA’s post-transition DTV (‘‘Sinclair’’), the parent entity of the DTV operation. Operation on channel 9 Table Appendix B facilities. Venture licensee of station WLFL, channel 22 would have exceeded 2.0 percent new Technologies Group, LLC, licensee of and permittee of WLFL–DT, channel 57, interference, while operation on singleton station WNYA, channel 51, Raleigh, NC, which received channel 27 channel 10 at 18.6 kW does not. Pittsfield, MA, received channel 13 for for its TCD in the proposed DTV Table. Therefore, we grant WVEBA’s request its TCD in the proposed post-transition We conclude that it is not necessary to for waiver of the 0.1 percent DTV Table. WNYT–TV, LLC (‘‘WNYT’’), increase the ERP for this station. interference standard and establish its licensee of station WNYT, channel 13, 102. In its Form 381, Sinclair certified Appendix B facilities at 18.6 kW ERP on and WNYT–DT, channel 12, Albany, to maximized facilities for WLFL-DT as channel *10. NY, which received channel 12 for its authorized by its construction permit. In 94. KTAZ, Phoenix, AZ. We grant the TCD in the proposed post-transition the first round, Sinclair obtained a TCD request of NBC Telemundo License, Co. DTV Table, objects to the facilities for channel 27 through an approved (‘‘NBC Telemundo’’), licensee of proposed for WNYA in the post- NCA with station WRDC, Durham, NC. singleton station KTAZ, channel 39, transition DTV Table Appendix B. Sinclair’s comments claim that the Phoenix, AZ, which received channel WNYA did not respond to the WNYT power listed for channel 27 on 39 for its TCD in the proposed DTV comments. Appendix B is incorrect. In fact, the Table, to change station KTAZ’s post- 98. The proposed post-transition DTV proposed channel 27 power is less than transition DTV Table Appendix B Table Appendix B specifies a site the certified channel 57 power so that facilities. In 2005, the Commission change for WNYA which would move the post-transition facilities will match approved a modification to the analog that station’s DTV facility from the the certified facilities’ coverage. Consequently, no change in Appendix B Table of Allotments sought by NBC WNYA analog site in Pittsfield to is needed to provide WLFL–DT with its Telemundo and Community Television WNYT’s licensed site near Albany. Educators, Inc. (‘‘CTE’’) which certified coverage. WNYA specified this site change in its 103. KCET, Los Angeles, CA. substituted Channel 39 for second round conflict decision form noncommercial reserved Channel 39 Community Television of Southern (FCC Form 385) to resolve an California (‘‘CTSC’’), licensee of NCE (*39) in Phoenix, substituted interference conflict of 3.7 percent with noncommercial reserved Channel 11 station KCET, channel *28, and KCET– WNYT, which resulted from WNYA’s DT, channel *59, Los Angeles, CA, (*11) for Channel 11 in Holbrook, election of channel 13. In its comments, Arizona, and authorized NBC received channel *28 for its TCD in the WNYT claims that the ERP of 28kW that Telemundo to operate on Channel 39 in proposed DTV Table. CTSC states in its is proposed for WNYA in Appendix B, Phoenix and CTE to operate on Channel comments that it certified that it would is substantially in excess of that *11 in Holbrook. The Commission operate noncommercial educational permitted for a DTV station on channel subsequently granted minor station KCET with maximized facilities 13 in Zone 1. WNYT requests that the modification applications filed by the on channel *28 for post-transition Commission revise Appendix B for parties to implement the channel operations but the Commission WNYA to specify the Pittsfield site for substitutions. The proposed post- disapproved the election because it was that station with parameters that would transition DTV Table Appendix B lists projected to cause interference of 2.3 permit WNYA to comply with its FCC the Facility ID for the former Channel percent to the elected DTV channel 27 *39 facility for KTAZ, rather than the Form 381 certification. of KEYT, Santa Barbara, California Facility ID for the new Channel 39 99. WNYT is correct that the power (analog channel 3, post-transition digital facility. NBC Telemundo requests that specified in the proposed Appendix B channel 27). CTSC states that it changed Appendix B be revised to reflect the for WNYA exceeds the maximum its election to specify replication correct Facility ID for the new Channel allowed pursuant to 73.622(f)(7)(ii). At facilities on channel *28 but reserved its 39 facility. an HAAT of 396 meters, the maximum right to seek maximized facilities should 95. In addition, NBC Telemundo ERP for a channel 13, Zone 1 DTV circumstances permit. states that the technical facilities station is 12.6 kW. However, WNYT’s 104. On July 7, 2006, Smith Media specified in Appendix B for Channel 39 request that we change WNYA’s License Holdings, LLC (‘‘Smith’’) filed a are no longer accurate. KTAZ does not Appendix B facilities to specify the letter requesting a waiver of the July 1, have a paired digital channel. The Pittsfield transmitter site would not 2006 replication/maximization deadline technical facilities specified in address the interference conflict found with respect to KEYT–DT. In that letter, Appendix B for Channel 39 reflect the in round 2 of the channel election Smith indicated that for KEYT–DT to digital parameters applied for by CTE process. operate with its allotted replication prior to the channel substitutions. NBC 100. We conclude that WNYA can facilities, as the prior owner certified, Telemundo states that it recently serve most of its certified coverage area Smith would have to increase the ERP relocated the Channel 39 analog facility from the site near Albany, at reduced for KEYT to approximately 698 kW. to a new tower. power. We have determined that WNYA Smith indicated that, because of 96. We have revised DTV Table can provide an acceptable predicted electrical capacity limits at the station’s Appendix B as adopted herein to reflect field strength over Pittsfield, antenna site, it did not anticipate being operation of a digital station on Channel Massachusetts, its city of license, based able to increase power at the antenna 39 in Phoenix with parameters reflected on its FCC Form 385 facilities with its site until near the end of the DTV in the analog authorization approved by maximum ERP reduced from the transition. the Commission for KTAZ. In addition, proposed 28 kW to 12.6 kW. In addition, 105. According to CTSC, the we have revised Appendix B to reflect at this reduced power, WNYA’s maximized facilities it originally the correct Facility ID for both KTAZ operation on channel 13 will cause any proposed for KCET–DT on Channel *28 and Channel *11 in Holbrook. additional interference. Therefore, we would not cause impermissible VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54733 interference to the facilities of KEYT– Analysis (‘‘IRFA’’) was incorporated in B. Summary of Significant Issues Raised DT on Channel *27 if KEYT–DT the Seventh Further Notice of Proposed by Public Comments in Response to the operates with an ERP of 699 kW. Rulemaking (‘‘Seventh Further Notice’’). IRFA Accordingly, CTSC requests that the The Commission sought written public 113. There were no comments filed Commission change DTV Table comment on the proposals in the NPRM, that specifically addressed the rules and Appendix B to specify maximized including comment on the IRFA. The policies proposed in the IRFA. parameters for KCET–DT. Smith objects comments received are discussed below. to CTSC’s request and urges the The Commission received no comments C. Description and Estimate of the Commission to continue to protect the on the IRFA. This present Final Number of Small Entities to Which the KEYT–DT post-transition allotment. We Regulatory Flexibility Analysis Rules Will Apply deny the request of CTSC to change (‘‘FRFA’’) conforms to the RFA. 114. The RFA directs the Commission DTV Table Appendix B for KCET. We A. Need for, and Objectives of, the to provide a description of and, where note the disagreement of CTSC, but have Report and Order feasible, an estimate of the number of already determined that the KCET small entities that will be affected by the 110. This Seventh Report and Order maximized facilities would cause rules adopted herein. The RFA generally interference to the certified facilities of (‘‘Seventh R&O’’) adopts rules implementing a new post-transition defines the term ‘‘small entity’’ as KEYT–DT on its TCD in excess of the having the same meaning as the terms permissible limit. Our analysis was DTV Table of Allotments (‘‘DTV Table’’), providing all eligible full power ‘‘small business,’’ ‘‘small organization,’’ performed using computer software and ‘‘small government jurisdiction.’’ In techniques that have been validated broadcast television stations with channels for DTV operations after the addition, the term ‘‘small business’’ has through extensive testing and the same meaning as the term ‘‘small comparison of results with similar transition. The new post-transition DTV Table finalizes the channel and facilities business concern’’ under the Small software used by other parties Business Act. A small business concern participating in this proceeding. We are necessary to complete the digital transition for full power television is one which: (1) Is independently confident that the result of our owned and operated; (2) is not interference analysis is correct, and stations, including full power commercial and noncommercial dominant in its field of operation; and there is no agreement with the affected (3) satisfies any additional criteria station to accept this interference. The broadcast television stations. 111. The new post-transition DTV established by the Small Business Commission will determine in the Third Table is based on the tentative channel Administration (SBA). The rules of this DTV Periodic Review Report and Order designations (‘‘TCDs’’) announced for Seventh R&O will primarily affect full what interference standards and other eligible broadcast licensees through the power television stations, as opposed to procedures to apply to stations seeking channel election process, as well as on low power television stations and to file applications for changes to station the Commission’s efforts to promote television translator stations. A parameters post-transition. KCET may overall spectrum efficiency and ensure description of such small entities, as choose to file an application at that the best possible service to the public, well as an estimate of the number of time. including service to local communities. such small entities, is provided below. Procedural Matters During this election process, which was 115. Television Broadcasting. The established by the Second DTV Periodic rules and policies adopted in this Seventh Report and Order Report and Order, eligible full power Seventh R&O apply to television Final Regulatory Flexibility Analysis broadcast licensees selected their broadcast licensees and potential ultimate DTV channel inside the ‘‘core licensees of television service. The SBA 106. As required by the Regulatory defines a television broadcast station as Flexibility Act of 1980 (‘‘RFA’’), the spectrum,’’ consisting of current television channels 2 through 51 (54– a small business if such station has no Commission has prepared a Final more than $13.5 million in annual Regulatory Flexibility Analysis 698 MHz). In developing the proposed new allotments, the Commission sought receipts. Business concerns included in (‘‘FRFA’’) relating to this Seventh Report to accommodate broadcasters’ channel this industry are those ‘‘primarily and Order. preferences, as well as their replication engaged in broadcasting images together Final Paperwork Reduction Act and maximization service area with sound.’’ The Commission has Analysis certifications (made via FCC Form 381). estimated the number of licensed 107. This Seventh Report and Order 112. The new post-transition DTV commercial television stations to be was analyzed with respect to the Table achieves the goals set forth for the 1,376. According to Commission staff Paperwork Reduction Act of 1995 channel election process. First, the new review of the BIA Financial Network, (‘‘PRA’’) and does not contain any DTV Table provides all eligible stations MAPro Television Database (‘‘BIA’’) on information collection requirements. with channels for DTV operations after March 30, 2007, about 986 of an the transition. Second, the new DTV estimated 1,374 commercial television Congressional Review Act Table is the result of informed decisions stations (or about 72 percent) have 108. The Commission will send a by licensees when making their channel revenues of $13.5 million or less and copy of this Seventh Report and Order elections and licensees benefited from thus qualify as small entities under the in a report to be sent to Congress and the clarity and transparency of the SBA definition. The Commission has the Government Accountability Office, channel election process. Third, the estimated the number of licensed NCE pursuant to the Congressional Review new DTV Table recognizes industry television stations to be 380. We note, Act. expectations by protecting existing however, that, in assessing whether a service and respecting investments business concern qualifies as small Final Regulatory Flexibility Act already made, to the extent feasible. under the above definition, business Analysis Finally, the new DTV Table reflects our (control) affiliations must be included. 109. As required by the Regulatory efforts to promote overall spectrum Our estimate, therefore, likely overstates Flexibility Act of 1980, as amended efficiency and ensure the best possible the number of small entities that might (‘‘RFA’’) an Initial Regulatory Flexibility DTV service to the public. be affected by our action, because the VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54734 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations revenue figure on which it is based does entities since the revenue figure on 121. In general, our goal in reviewing not include or aggregate revenues from which it is based does not include or the comments filed in response to the affiliated companies. The Commission aggregate revenues from non-LPTV proposed Table was to accommodate the does not compile and otherwise does affiliated companies. We do not have requests made by commenters to the not have access to information on the data on revenues of TV translator or TV extent possible consistent with the revenue of NCE stations that would booster stations, but virtually all of standards outlined in the Seventh permit it to determine how many such these entities are also likely to have Further Notice. Large and small stations would qualify as small entities. revenues of less than $13.5 million and broadcasters alike benefited from this 116. In addition, an element of the thus may be categorized as small, except approach, which was taken in an effort definition of ‘‘small business’’ is that the to the extent that revenues of affiliated to expedite finalization of the DTV entity not be dominant in its field of non-translator or booster entities should Table and Appendix B so that stations operation. We are unable at this time to be considered. can complete construction of their post- define or quantify the criteria that transition facilities by the statutory would establish whether a specific D. Description of Projected Reporting, deadline for the DTV transition. Where television station is dominant in its field Recordkeeping and Other Compliance commenters made specific requests for of operation. Accordingly, the estimate Requirements changes to the proposals in the Seventh of small businesses to which rules may 118. The rules adopted in this apply do not exclude any television Seventh R&O involve no changes to Further Notice, requests that provided station from the definition of a small reporting, recordkeeping, or other for an alternative service area for the business on this basis and are therefore compliance requirements beyond what station or parameters that differed from over-inclusive to that extent. Also as is already required under the current those proposed by the Commission, noted, an additional element of the regulations. those requests were granted to the extent possible consistent with the definition of ‘‘small business’’ is that the E. Steps Taken To Minimize Significant entity must be independently owned standards of the Seventh Further Notice Impact on Small Entities, and and, in particular, with the applicable and operated. We note that it is difficult Significant Alternatives Considered at times to assess these criteria in the interference standards. This process has context of media entities and our 119. The RFA requires an agency to been open and transparent, and has estimates of small businesses to which describe any significant alternatives that provided consistent treatment for large they apply may be over-inclusive to this it has considered in reaching its and small broadcasters. extent. proposed approach, which may include 122. The new DTV Table adopted the following four alternatives (among 117. Class A TV, LPTV, and TV herein does not provide for channels for others): (1) The establishment of translator stations. The rules and low power television stations. The differing compliance or reporting policies adopted in this Seventh R&O do Commission will address the digital requirements or timetables that take into not directly affect low power television transition for low power television stations, as the DTV Table adopted in account the resources available to small entities; (2) the clarification, (‘‘LPTV’’) stations in a separate the Seventh R&O finalizes post- proceeding. The statutory transition transition digital channels only for full consolidation, or simplification of compliance or reporting requirements deadline established by Congress in power television stations. Nonetheless, 2006—February 17, 2009—applies only as discussed in Section E, infra, low under the rule for small entities; (3) the use of performance, rather than design, to full-power stations. One of the power television stations will also Commission’s goals in the Seventh eventually transition from analog to standards; and (4) an exemption from Report and Order is to permit full power digital technology and may be indirectly coverage of the rule, or any part thereof, stations to finalize their post-transition affected by the channel allotment for small entities. facilities by this rapidly approaching decisions herein. The broadcast stations 120. The new post-transition DTV deadline. The Commission previously indirectly affected include licensees of Table provides all eligible full power Class A TV stations, low power broadcast television stations—large and determined that it has discretion under television (LPTV) stations, and TV small alike—with channels for post- 47 U.S.C. 336(f)(4) to set the date by translator stations, as well as to transition DTV operations. Small which analog operations of stations in potential licensees in these television broadcasters, just like large ones, the low power and translator service services. The same SBA definition that benefited from participating in the must cease. The Commission has stated applies to television broadcast licensees channel election process. The new DTV that the intent is to ensure that low would apply to these stations. The SBA Table is the result of informed decisions power and translator stations not be defines a television broadcast station as by licensees when making their channel required to prematurely convert to a small business if such station has no elections, and all licensees benefited digital operation in a manner that could more than $13.5 million in annual from the clarity and transparency of the disrupt their analog service or, more receipts. Currently, there are channel election process. Moreover, the importantly, that might cause them to approximately 567 licensed Class A new DTV Table recognizes industry cease operation. The Commission stations, 2,227 licensed LPTV stations, expectations by protecting existing decided not to establish a fixed and 4,518 licensed TV translators. Given service and respecting investments termination date for the low power the nature of these services, we will already made, for both large and small digital television transition until it presume that all of these licensees broadcasters, to the extent feasible. The resolved the issues concerning the qualify as small entities under the SBA TCDs are primarily based on the transition of full-power television definition. We note, however, that channels elected by licensees. The vast stations. The Commission has under the SBA’s definition, revenue of majority of licensees participating in the recognized that low power television affiliates that are not LPTV stations channel election process received a TCD stations are a valuable component of the should be aggregated with the LPTV for a channel they elected, and all nation’s television system and has station revenues in determining whether comments, including those from small stated its intention to facilitate, a concern is small. Our estimate may broadcasters, were considered when wherever possible, the digital transition thus overstate the number of small finalizing this Table. of these stations. VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54735 F. Report To Congress Commission amends 47 part 73 as Community Channel No. The Commission will send a copy of follows: this Seventh R&O, including this FRFA, Camden ...... 49 PART 73—RADIO BROADCAST El Dorado ...... *10, 27, 43 in a report to be sent to Congress SERVICES Eureka Springs ...... 34 pursuant to the Small Business Fayetteville ...... *9, 15 Regulatory Enforcement Fairness Act of I 1. The authority citation for Part 73 Fort Smith ...... 18, 21, 27 1996. In addition, the Commission will continues to read as follows: Harrison ...... 31 send a copy of this Seventh R&O, Authority: 47 U.S.C. 154, 303, 334, 336. Hot Springs ...... 26 including the FRFA, to the Chief Jonesboro ...... 8, *20, 48 Counsel for Advocacy of the Small I 2. Section 73.622 is amended by Little Rock ...... *7, 12, 22, 30, 32, Business Administration. A copy of this adding paragraph (i) to read as follows: *36, 44 Mountain View ...... *13 Seventh R&O and FRFA (or summaries § 73.622 Digital television table of thereof) will also be published in the Pine Bluff ...... 24, 39 allotments. Rogers ...... 50 Federal Register. * * * * * Springdale ...... 39 Ordering Clauses (i) Post-Transition Table of DTV CALIFORNIA 123. It is ordered that, pursuant to the Allotments. authority contained in sections 1, 4(i) Community Channel No. Anaheim ...... 32 and (j), 7, 301, 302, 303, 307, 308, 309, Arcata ...... 22 316, 319, 324, 336, and 337 of the ALABAMA Avalon ...... 47 Communications Act of 1934, 47 U.S.C. Bakersfield ...... 10, 25, 33, 45 151, 154(i) and (j), 157, 301, 302, 303, Anniston ...... 9 Barstow ...... 44 307, 308, 309, 316, 319, 324, 336, and Bessemer ...... 18 Bishop ...... 20 337, this Seventh Report and Order and Birmingham ...... *10, 13, 30, 36, 50 Calipatria ...... 36 Ceres ...... *15 Eighth Further Notice of Proposed Rule Demopolis ...... *19 Dothan ...... 21, 36 Chico ...... 24, 43 Making is adopted. Dozier ...... *10 Clovis ...... 43 124. It is further ordered that pursuant Florence ...... 14, 20, *22 Concord ...... 14 to the authority contained in sections 1, Gadsden ...... 26, 45 Corona ...... 39 2, 4(i), 303, 303a, 303b, and 307 of the Gulf Shores ...... 25 Cotati ...... *23 Communications Act of 1934, 47 U.S.C. Homewood ...... 28 El Centro ...... 9, 22 151, 152, 154(i), 303, 303a, 303b, and Huntsville ...... 19, *24, 32, 41, 49 Eureka ...... 3, *11, 17, 28 307, the Commission’s rules are hereby Louisville ...... *44 Fort Bragg ...... 8 amended as set forth in the rule Mobile ...... 9, 15, 20, 23, 27, *41 Fresno ...... 7, 30, 34, 38, *40 changes. Montgomery ...... 12, 16, *27, 32, 46 Hanford ...... 20 Mount Cheaha ...... *7 125. It is further ordered that the rules Huntington Beach ..... *48 Opelika ...... 47 Long Beach ...... 18 as set forth in the rule changes shall be Ozark ...... 33 Los Angeles ...... 7, 9, 11, 13, *28, 31, effective 30 days after publication of the Selma ...... 29, 42 34, 36, *41, 42, 43 Seventh Report and Order and Eighth Troy ...... 48 Merced ...... 11 Further Notice of Proposed Rule Making Tuscaloosa ...... 23, 33 Modesto ...... 18 in the Federal Register. Tuskegee ...... 22 Monterey ...... 31, 32 126. It is further ordered that the Novato ...... 47 Commission’s Consumer and ALASKA Oakland ...... 44 Ontario ...... 29 Governmental Affairs Bureau, Reference Anchorage ...... 5, *8, 10, 12, 20, *26, Oxnard ...... 24 Information Center, shall send a copy of 28, 32 Palm Springs ...... 42, 46 this Seventh Report and Order and Bethel ...... *3 Paradise ...... 20 Eighth Further Notice of Proposed Rule Fairbanks ...... 7, *9, 11, 18 Porterville ...... 48 Juneau ...... *10, 11 Making, including the Final Regulatory Rancho Palos Verdes 51 Ketchikan ...... 13 Flexibility Analysis, to the Chief Redding ...... 7, *9 Counsel for Advocacy of the Small North Pole ...... 20 Sitka ...... 7 Riverside ...... 45 Business Administration. Sacramento ...... *9, 10, 21, 35, 40, 48 It is further ordered that the ARIZONA Salinas ...... 8, 13 Commission shall send a copy of this San Bernardino ...... *26, 38 Seventh Report and Order and Eighth Douglas ...... 36 San Diego ...... 8, 10, 18, 19, *30, 40 Further Notice of Proposed Rule Making Flagstaff ...... 2, 13, 18, 32 San Francisco ...... 7, 19, 27, 29, *30, in a report to be sent to Congress and Green Valley ...... 46 *33, 38, 39, 45, 51 the Government Accountability Office Holbrook ...... *11 San Jose ...... 12, 36, 41, 49, *50 pursuant to the Congressional Review Kingman ...... 19 San Luis Obispo ...... 15, 34 San Mateo ...... *43 Act, see 5 U.S.C. 801(a)(1)(A). Mesa ...... 12 Phoenix ...... *8, 10, 15, 17, 20, 24, Sanger ...... 36 List of Subjects in 47 CFR part 73 26, 33, 39, 49 Santa Ana ...... 23 Prescott ...... 7 Santa Barbara ...... 21, 27 Television. Sierra Vista ...... 44 Santa Maria ...... 19 Federal Communications Commission. Tolleson ...... 51 Santa Rosa ...... 32 Marlene H. Dortch, Tucson ...... 9, 19, 23, 25, *28, Stockton ...... 25, 26, 46 *30, 32, 40 Twentynine Palms ..... 23 Secretary. Yuma ...... 11, 16 Vallejo ...... 34 Final Rules Ventura ...... 49 ARKANSAS Visalia ...... 28, *50 I For the reasons discussed in the Watsonville ...... *25 preamble, the Federal Communications Arkadelphia ...... *13 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54736 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations Community Channel No. Community Channel No. Community Channel No. COLORADO Panama City Beach .. 47 Chicago ...... 7, 12, 19, *21, 27, 29, Pensacola ...... 17, *31, 34, 45 31, 43, 45, *47 Boulder ...... 15 Sarasota ...... 24 Decatur ...... 18, 22 Broomfield ...... *13 St. Petersburg ...... 10, 38, 44 East St. Louis ...... 47 Castle Rock ...... 46 Stuart ...... 44 Freeport ...... 23 Colorado Springs ...... 10, 22, 24 Tallahassee ...... 24, 27, *32, 40 Harrisburg ...... 34 Denver ...... 7, 9, *18, 19, 32, 34, Tampa ...... 7, 12, *13, 29, *34, Jacksonville ...... *15 35, *40, 43, 51 47 Joliet ...... 38 Durango ...... 15, *20, 33 Tequesta ...... 16 LaSalle ...... 10 Fort Collins ...... 21 Tice ...... 33 Macomb ...... *21 Glenwood Springs ..... 23 Venice ...... 25 Marion ...... 17 Grand Junction ...... 2, 7, 12, 15, *18 West Palm Beach ..... 12, 13, *27, 28 Moline ...... *23, 38 Longmont ...... 29 Mount Vernon ...... 21 Montrose ...... 13 GEORGIA Olney ...... *19 Pueblo ...... *8, 42 Peoria ...... 19, 25, 30, 39, *46 Steamboat Springs ... 10 Albany ...... 10, 12 Quincy ...... 10, 32, *34 Sterling ...... 23 Athens ...... *8, 48 Rock Island ...... 4 Atlanta ...... 10, 19, 20, *21, 25, Rockford ...... 13, 16, 42 CONNECTICUT 27, 39, *41, 43 Springfield ...... 13, 42, 44 Augusta ...... 12, 30, 42, 51 Urbana ...... *9, 26 Bridgeport ...... 42, *49 Bainbridge ...... 49 Hartford ...... 31, 33, *45, 46 Baxley ...... 35 INDIANA New Britain ...... 35 Brunswick ...... 24 New Haven ...... *6, 10, 39 Chatsworth ...... *33 Angola ...... 12 New London ...... 26 Cochran ...... *7 Bloomington ...... *14, 27, 42, 48 Norwich ...... *9 Columbus ...... 9, 15, *23, 35, 49 Elkhart ...... 28 Waterbury ...... 20 Cordele ...... 51 Evansville ...... *9, 25, 28, 45, 46 Dalton ...... 16 Fort Wayne ...... 19, 24, 31, 36, *40 DELAWARE Dawson ...... *8 Gary ...... *17, 51 Macon ...... 13, 16, 40, 45 Hammond ...... 36 Seaford ...... *44 Monroe ...... 44 Wilmington ...... *12, 31 Indianapolis ...... 9, 13, 16, *21, 25, Pelham ...... *6 *44, 45 Perry ...... 32 DISTRICT OF COLUMBIA Kokomo ...... 29 Rome ...... 51 Lafayette ...... 11 Savannah ...... *9, 11, 22, 39 Marion ...... 32 Washington ...... 7, 9, *27, *33, 35, 36, Thomasville ...... 46 Muncie ...... 23 48, 50 Toccoa ...... 24 Richmond ...... 39 Valdosta ...... 43 Salem ...... 51 FLORIDA Waycross ...... *8 South Bend ...... 22, *35, 42, 48 Wrens ...... *6 Boca Raton ...... *40 Terre Haute ...... 10, 36, 39 Bradenton ...... 42 HAWAII Vincennes ...... *22 Cape Coral ...... 35 Clearwater ...... 21 Hilo ...... *9, 11, 13, 22, 23 IOWA Clermont ...... 17 Cocoa ...... *30, 51 Honolulu ...... 8, 9, *10, *11, 19, 23, Ames ...... 5, 23, *34 Daytona Beach ...... 11, 49 27, 31, 33, 35, 40, Burlington ...... 41 Destin ...... 48 *43 Cedar Rapids ...... 9, 27, 47, 51 Fort Lauderdale ...... 30 Kailua ...... 50 Council Bluffs ...... *33 Fort Myers ...... 9, 15, *31 Kailua Kona ...... 25 Davenport ...... *34, 36, 49 Fort Pierce ...... 34, *38 Kaneohe ...... 41 Des Moines ...... 8, *11, 13, 16, 31 Fort Walton Beach .... 40, 49, 50 Wailuku ...... 7, *10, 12, 16, 21, 24 Dubuque ...... 43 Gainesville ...... 9, 16, *36 Waimanalo ...... 38 Fort Dodge ...... *25 High Springs ...... 28 Iowa City ...... *12, 25 Hollywood ...... 47 IDAHO Mason City ...... *18, 42 Jacksonville ...... *7, 13, 19, 32, 34, 42, Newton ...... 39 *44 Boise ...... 7, *21, 28, 39 Ottumwa ...... 15 Key West ...... 3, 8 Caldwell ...... 10 Red Oak ...... *35 Lake Worth ...... 36 Coeur d’Alene ...... *45 Sioux City ...... 9, *28, 39, 41, 44 Lakeland ...... 19 Filer ...... *18 Waterloo ...... 7, 22, *35 Leesburg ...... 40, *46 Idaho Falls ...... 8, 20, 36 Live Oak ...... 48 Lewiston ...... 32 KANSAS Marianna ...... 51 Moscow ...... *12 Melbourne ...... 43, 48 Nampa ...... 12, 24 Colby ...... 17, 19 Miami ...... 7, 10, *18, 19, *20, Pocatello ...... 15, *17, 23, 31 Derby ...... 46 22, 23, 31, 32, 35, Sun Valley ...... 32 Dodge City ...... *21 46 Twin Falls ...... 11, *22, 34 Ensign ...... 6 Naples ...... 41, 45 Garden City ...... 11, 13 New Smyrna Beach .. *33 ILLINOIS Goodland ...... 10 Ocala ...... 31 Great Bend ...... 22 Orange Park ...... 10 Aurora ...... 50 Hays ...... 7, *16 Orlando ...... 22, *23, 26, 27, 39, Bloomington ...... 28 Hoisington ...... 14 41 Carbondale ...... *8 Hutchinson ...... *8, 12, 35 Palm Beach ...... 49 Champaign ...... 41, 48 Lakin ...... *8 Panama City ...... 7, 9, 13, *38 Charleston ...... *50 Lawrence ...... 41 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54737 Community Channel No. Community Channel No. Community Channel No. Pittsburg ...... 7, 13 Lawrence ...... 18 Laurel ...... 28 Salina ...... 17 Marlborough ...... 27 Magee ...... 34 Topeka ...... *11, 12, 13, 27, 49 New Bedford ...... 22, 49 Meridian ...... 11, 24, 31, *44 Wichita ...... 10, 26, 31, 45 Norwell ...... 10 Mississippi State ...... *10 Pittsfield ...... 13 Natchez ...... 49 KENTUCKY Springfield ...... 11, *22, 40 Oxford ...... *36 Vineyard Haven ...... 40 Tupelo ...... 8 Ashland ...... *26, 44 Worcester ...... 29, *47 Vicksburg ...... 35 Beattyville ...... 7 West Point ...... 16 Bowling Green ...... 13, 16, *18, *48 MICHIGAN Campbellsville ...... 19 MISSOURI Covington ...... *24 Alpena 11, *24 Danville ...... 4 Ann Arbor ...... 31 Cape Girardeau ...... 12, 22 Elizabethtown ...... *43 Bad Axe ...... *15 Columbia ...... 8, 17 Harlan ...... 51 Battle Creek ...... 20, 44 Hannibal ...... 7 Hazard ...... 12, *16 Bay City ...... 22, 46 Jefferson City ...... 12, 20 Lexington ...... 13, 39, 40, *42 Cadillac ...... 9, *17, 47 Joplin ...... *25, 43, 46 Louisville ...... 8, 11, *17, 26, *38, Calumet ...... 5 Kansas City ...... 9, *18, 24, 31, 34, 42, 47, 49 Cheboygan ...... 35 47, 51 Madisonville ...... 20, *42 Detroit ...... 7, 14, 21, 41, *43, 44, Kirksville ...... 33 Morehead ...... *15, 21 45 Osage Beach ...... 49 Murray ...... *36 East Lansing ...... *40 Poplar Bluff ...... 15 Newport ...... 29 Escanaba ...... 48 Sedalia ...... 15 Owensboro ...... 30 Flint ...... 12, 16, *28 Springfield ...... 10, 19, *23, 28, 44 Owenton ...... *44 Grand Rapids ...... 7, *11, 13, 19 St. Joseph ...... 7, 21 Paducah ...... 32, 41, 49 Iron Mountain ...... 8 St. Louis ...... 14, 24, 26, 31, 35, Pikeville ...... *24 Ishpeming ...... 10 *39, 43 Somerset ...... *14 Jackson ...... 34 Kalamazoo ...... *5, 8, 45 MONTANA LOUISIANA Lansing ...... 36, 38, 51 Manistee ...... *21 Billings ...... 10, 11, 18 Alexandria ...... *26, 31, 35, 41 Marquette ...... *13, 19, 35 Bozeman ...... *8, 13 Baton Rouge ...... 9, 13, *25, 34, 45 Mount Clemens ...... 39 Butte ...... 5, 6, 19, 24 Columbia ...... 11 Mount Pleasant ...... *26 Glendive ...... 10 Hammond ...... 42 Great Falls ...... 7, 8, 26, 45 Lafayette ...... 10, 16, *23, 28 Muskegon ...... 24 Hardin ...... 22 Lake Charles ...... 7, *20, 30 Onondaga ...... 10 Minden ...... 21 Saginaw ...... 30, 48 Havre ...... 9 Monroe ...... 8, *13 Sault Ste. Marie ...... 8, 10 Helena ...... 12, 29 New Iberia ...... 50 Traverse City ...... 7, 29 Kalispell ...... 9 New Orleans ...... 8, *11, 15, 21, 26, Lewistown ...... 13 MINNESOTA *31, 36, 43, 50 Miles City ...... 3 Shreveport ...... 17, *25, 28, 34, 44 Missoula ...... 7, *11, 13, 17, 23 Alexandria 7, 42 Slidell ...... 24 Appleton ...... *10 NEBRASKA West Monroe ...... 36, 38 Austin ...... *20, 36 MAINE Bemidji ...... *9, 26 Alliance ...... *13 Brainerd ...... *28 Bassett ...... *7 Augusta ...... *10 Chisholm ...... 11 Grand Island ...... 11, 19 Bangor ...... 2, 7, 19 Crookston ...... *16 Hastings ...... 5, *28 Biddeford ...... *45 Duluth ...... *8, 10, 17, 27, 33 Hayes Center ...... 18 Calais ...... *10 Hibbing ...... 13, *31 Kearney ...... 36 Lewiston ...... 35 Mankato ...... 12 Lexington ...... *26 Orono ...... *9 Minneapolis ...... 9, 11, 22, 29, 32, 45 Lincoln ...... 8, 10, *12, 51 Poland Spring ...... 8 Redwood Falls ...... 27 McCook ...... 12 Portland ...... 38, 43, 44 Rochester ...... 10, 46 Merriman ...... *12 Presque Isle ...... 8, *10, 47 St. Cloud ...... 40 Norfolk ...... *19 Waterville ...... 23 St. Paul ...... *26, *34, 35 North Platte ...... 2, *9 Thief River Falls ...... 10 Omaha ...... 15, *17, 20, 22, 43, MARYLAND Walker ...... 12 45 Worthington ...... *15 Scottsbluff ...... 7, 17, 29 Annapolis ...... *42 Superior ...... 34 Baltimore ...... 11, 13, *29, 38, 40, MISSISSIPPI 41, 46, NEVADA Frederick ...... *28 Biloxi ...... 13, *16 Hagerstown ...... 26, 39, *44 Booneville ...... *12 Elko ...... 10 Oakland ...... *36 Bude ...... *18 Ely ...... 3, 27 Salisbury ...... 21, *28, 47 Columbus ...... 35, *43 Goldfield ...... 50 Greenville ...... 15 Henderson ...... 9 MASSACHUSETTS Greenwood ...... *25, 32 Las Vegas ...... 2, 7, *11, 13, 16, 22, Gulfport ...... 48 29 Adams ...... 36 Hattiesburg ...... 22 Laughlin ...... 32 Boston ...... 7, *19, 20, 30, 31, 32, Holly Springs ...... 41 Paradise ...... 40 39, *43 Houston ...... 45 Reno ...... 7, 9, 13, *15, 20, 26, Cambridge ...... 41 Jackson ...... 7, 12, *20, 21, 40, 51 44 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54738 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations Community Channel No. Community Channel No. Community Channel No. Tonopah ...... 9 Utica ...... 27, 29, 30 Zanesville ...... 40 Winnemucca ...... 7 Watertown ...... 21, *41 OKLAHOMA NEW HAMPSHIRE NORTH CAROLINA Ada ...... 26 Concord ...... 33 Asheville ...... 13, *25, 45 Bartlesville ...... 17 Derry ...... 35 Belmont ...... 47 Cheyenne ...... *8 Durham ...... *11 Burlington ...... 14 Claremore ...... *36 Keene ...... *49 Chapel Hill ...... *25 Eufaula ...... *31 Littleton ...... *48 Charlotte ...... *11, 22, 23, 27, 34 Lawton ...... 11 Manchester ...... 9 Concord ...... *44 Muskogee ...... 20 Merrimack ...... 34 Durham ...... 11, 28 Norman ...... 46 Edenton ...... *20 Oklahoma City ...... 7, 9, *13, 15, 24, 27, NEW JERSEY Fayetteville ...... 36, 38 33, 40, 50, 51 Goldsboro ...... 17 Okmulgee ...... 28 Atlantic City ...... 44, 49 Greensboro ...... 33, 43, 51 Shawnee ...... 29 Burlington ...... 27 Greenville ...... 10, 14, *23, 51 Tulsa ...... 8, 10, *11, 22, 42, 45, Camden ...... *22 Hickory ...... 40 47, 49 Linden ...... 36 High Point ...... 8 Woodward ...... 35 Montclair ...... *51 Jacksonville ...... *19, 34 New Brunswick ...... *8 Kannapolis ...... 50 OREGON Newark ...... 13, 30 Lexington ...... 19 Newton ...... 18 Linville ...... *17 Bend ...... *11, 21, 51 Paterson ...... 40 Lumberton ...... *31 Coos Bay ...... 11, 22 Secaucus ...... 38 Manteo ...... 9 Corvallis ...... *7 Trenton ...... *43 Morehead City ...... 8 Eugene ...... 9, 13, 17, *29, 31 Grants Pass ...... 30 Vineland ...... 29 New Bern ...... 12 Klamath Falls ...... 13, 29, *33 West Milford ...... *29 Raleigh ...... 27, 48, 49 La Grande ...... *13, 29 Wildwood ...... 36 Roanoke Rapids ...... *36 Medford ...... 5, *8, 10, 12, 26 Rocky Mount ...... 15 Pendleton ...... 11 NEW MEXICO Washington ...... 32 Portland ...... 8, *10, 12, 40, 43, 45 Wilmington ...... *29, 30, 44, 46 Roseburg ...... 18, 19, 45 Albuquerque ...... 7, 13, *17, 22, 24, 26, Wilson ...... 42 Salem ...... 22, 33 *35, 42, 45 Winston Salem ...... 29, 31, *32 Carlsbad ...... 19, 25 PENNSYLVANIA Clovis ...... 20 NORTH DAKOTA Farmington ...... 8, 12 Allentown ...... *39, 46 Hobbs ...... 29 Bismarck ...... 12, 16, *22, 26, 31 Altoona ...... 24, 32, 46 Las Cruces ...... *23, 47 Devils Lake ...... 8, *25 Bethlehem ...... 9 Portales ...... *32 Dickinson ...... 7, *9, 19 Clearfield ...... *15 Roswell ...... 8, 10, 21, 27 Ellendale ...... *20 Erie ...... 12, 16, 22, 24, *50 Santa Fe ...... *9, 10, 27, 29 Fargo ...... *13, 19, 21, 44 Greensburg ...... 50 Silver City ...... 10, 12 Grand Forks ...... *15, 27 Harrisburg ...... 10, 21, *36 Jamestown ...... 7 Hazleton ...... 45 NEW YORK Minot ...... 10, 13, 14, 24, *40 Jeannette ...... 49 Pembina ...... 12 Johnstown ...... 8, 34 Albany ...... 7, 12, 26 Valley City ...... 38 Lancaster ...... 8, 23 Amsterdam ...... 50 Williston ...... 8, 14, *51 Philadelphia ...... 6, 17, 26, 32, 34, *35, Batavia ...... 23 42 Bath ...... 14 OHIO Pittsburgh ...... *13, 25, 38, 42, 43, Binghamton ...... 7, 8, 34, *42 48, 51 Buffalo ...... 14, 32, 33, 34, 38, Akron ...... 23, 30, *50 Reading ...... 25 39, *43 Alliance ...... *45 Red Lion ...... 30 Carthage ...... 7 Athens ...... *27 Scranton ...... 13, 32, 38, *41, 49 Corning ...... *30, 48 Bowling Green ...... *27 Wilkes Barre ...... 11 Elmira ...... 18, 36 Cambridge ...... *35 Williamsport ...... 29 Garden City ...... *21 Canton ...... 39, 47 York ...... 47 Ithaca ...... 20 Chillicothe ...... 46 Jamestown ...... 26 Cincinnati ...... 10, 12, 33, *34, 35 RHODE ISLAND Kingston ...... 48 Cleveland ...... 8, 15, 17, *26, 34 New York ...... 7, 11, *24, 28, 31, 33, Columbus ...... 13, 14, 21, 36, *38 Block Island ...... 17 44 Dayton ...... *16, 30, 41, 50, 51 Providence ...... 12, 13, *21, 51 North Pole ...... 14 Lima ...... 8, 47 Norwood ...... *23 Lorain ...... 28 SOUTH CAROLINA Plattsburg ...... *38 Mansfield ...... 12 Poughkeepsie ...... 27 Newark ...... 24 Allendale ...... *33 Riverhead ...... 47 Oxford ...... *28 Anderson ...... 14 Rochester ...... 10, 13, *16, 28, 45 Portsmouth ...... 17, *43 Beaufort ...... *44 Saranac Lake ...... 40 Sandusky ...... 42 Charleston ...... *7, 24, 34, 36, 47, 50 Schenectady ...... 6, *34, 43 Shaker Heights ...... 10 Columbia ...... 8, 10, 17, *32, 47, 48 Smithtown ...... 23 Springfield ...... 26 Conway ...... *9 Springville ...... 7 Steubenville ...... 9 Florence ...... 13, 16, 21, *45 Syracuse ...... 15, 17, 19, 24, *25, Toledo ...... 5, 11, 13, *29, 46, 49 Georgetown ...... *38 44, 47 Youngstown ...... 20, 36, 41 Greenville ...... *9, 16, 21, 36 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54739 Community Channel No. Community Channel No. Community Channel No. Greenwood ...... *18 Fort Worth ...... 9, 11, 18, 41 Grundy ...... 49 Hardeeville ...... 28 Fredericksburg ...... 5 Hampton ...... 13 Myrtle Beach ...... 18, 32 Galveston ...... *23, 48 Hampton Norfolk ...... *16 Rock Hill ...... 15, 39 Garland ...... 23 Harrisonburg ...... 49 Spartanburg ...... 7, 43 Greenville ...... 46 Lynchburg ...... 13, 20 Sumter ...... *28, 39 Harlingen ...... 31, *34, 38 Manassas ...... 34 Houston ...... *8, 11, 13, 19, *24, Marion ...... *42 SOUTH DAKOTA 26, 35, 38, 44 Norfolk ...... 33, 40, 46 Irving ...... 48 Norton ...... *32 Aberdeen ...... 9, *17 Jacksonville ...... 22 Petersburg ...... 22 Brookings ...... *8 Katy ...... 47 Portsmouth ...... 31, 50 Eagle Butte ...... *13 Kerrville ...... 32 Richmond ...... 12, 25, 26, *42, *44 Florence ...... 3 Killeen ...... 13 Roanoke ...... *3, 17, 18, 30, 36 Huron ...... 12 Lake Dallas ...... 39 Staunton ...... *11 Lead ...... 10, 29 Laredo ...... 8, 13, 19 Virginia Beach ...... 7, 29 Lowry ...... *11 Llano ...... 27 Martin ...... *8 Longview ...... 31, 38 WASHINGTON Mitchell ...... 26 Lubbock ...... 11, 16, 27, 35, *39, Pierre ...... *10, 19 40 Bellevue ...... 33, 50 Rapid City ...... 2, 7, 16, 21, *26 Lufkin ...... 9 Bellingham ...... 19, 35 Reliance ...... 13 Mcallen ...... 49 Centralia ...... *19 Sioux Falls ...... 7, 11, 13, *24, 36, 47 Midland ...... 18, 26 Everett ...... 31 Kennewick ...... 44 Vermillion ...... *34 Nacogdoches ...... 18 Pasco ...... 18 Odessa ...... 7, 9, 23, 30, *38, 42 Pullman ...... *10, 24 TENNESSEE Port Arthur ...... 40 Richland ...... 26, *38 Rio Grande City ...... 20 Seattle ...... *9, 25, 38, 39, 44, 48 Chattanooga ...... 9, 12, 13, *29, 40 Rosenberg ...... 45 Cleveland ...... 42 Spokane ...... 7, *8, 13, 20, 28, 34, San Angelo ...... 11, 16, 19 36 Cookeville ...... *22, 36 San Antonio ...... *9, 12, *16, 30, 38, Crossville ...... 20 Tacoma ...... 11, 13, 14, *27, *42 39, 41, 48, Vancouver ...... 30 Greeneville ...... 38 Sherman ...... 12 Hendersonville ...... 51 Walla Walla ...... 9 Snyder ...... 17 Yakima ...... 14, 16, *21, 33 Jackson ...... 39, 43 Sweetwater ...... 20 Jellico ...... 23 Temple ...... 9 WEST VIRGINIA Johnson City ...... 11 Texarkana ...... 15 Kingsport ...... 19 Tyler ...... 7 Bluefield ...... 40, 46 Knoxville ...... 7, 10, *17, 26, 30, 34 Uvalde ...... 26 Charleston ...... 19, 39, 41 Lebanon ...... 44 Victoria ...... 11, 15 Clarksburg ...... 10, 12 Lexington ...... *47 Waco ...... 10, *20, 26, 44 Grandview ...... *10 Memphis ...... 5, *10, 13, *23, 25, Weslaco ...... 13 Huntington ...... 13, 23, *34 28, *29, 31, 51 Wichita Falls ...... 15, 22, 28 Lewisburg ...... 8 Murfreesboro ...... 38 Wolfforth ...... 43 Martinsburg ...... 12 Nashville ...... 5, *8, 10, 15, 21, 23, Morgantown ...... *33 27 UTAH Oak Hill ...... 50 Sneedville ...... *41 Parkersburg ...... 49 Tazewell ...... 48 Cedar City ...... 14 Weston ...... 5 Logan ...... 12 Wheeling ...... 7 TEXAS Ogden ...... 24, *36, 48 Price ...... 11 WISCONSIN Abilene ...... 15, 24, 29 Provo ...... 29, 32, *44 Alvin ...... 36 Richfield ...... *19 Antigo ...... 46 Amarillo ...... 7, *8, 10, 15, 19 Salt Lake City ...... 13, 20, 34, 38, 40, Appleton ...... 27 Arlington ...... 42 *42, 46 Chippewa Falls ...... 49 Austin ...... 7, 21, *22, 33, 43, 49 St. George ...... 9, *18 Crandon ...... 12 Baytown ...... 41 Vernal ...... 16 Eagle River ...... 28 Beaumont ...... 12, 21, *33 Eau Claire ...... 13, 15 Belton ...... 46 VERMONT Fond Du Lac ...... 44 Big Spring ...... 33 Green Bay ...... 11, 23, 39, 41, *42 Blanco ...... 18 Burlington ...... 13, 22, *32, 43 Janesville ...... 32 Borger ...... 31 Hartford ...... 25 Kenosha ...... 40 Brownsville ...... 24 Rutland ...... *9 La Crosse ...... 8, 14, 17, *30 Bryan ...... 28, 50 St. Johnsbury ...... *18 Madison ...... 11, 19, *20, 26, 50 College Station ...... *12 Windsor ...... *24 Mayville ...... 43 Conroe ...... 32, 42 Menomonie ...... *27 Corpus Christi ...... 8, 10, 13, *23, 27, 38 VIRGINIA Milwaukee ...... *8, 18, 22, 25, 28, 33, Dallas ...... 8, *14, 32, 35, 36, 40, 34, *35, 46 45 Arlington ...... 15 Park Falls ...... *36 Decatur ...... 30 Ashland ...... 47 Racine ...... 48 Del Rio ...... 28 Bristol ...... 5 Rhinelander ...... 16 Denton ...... *43 Charlottesville ...... 19, 32, *46 Superior ...... 19 Eagle Pass ...... 18 Danville ...... 24 Suring ...... 21 El Paso ...... 7, 9, *13, 15, 18, 25, Fairfax ...... *24 Wausau ...... 7, 9, *24 *39, 51 Front Royal ...... *21 Wittenberg ...... 50 Farwell ...... 18 Goldvein ...... *30 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54740 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations Community Channel No. developed in the three-round channel following methodology. First, the distance to election process that the Commission the station’s noise-limited DTV contour (or WYOMING conducted to create the proposed DTV Table, Grade B contour for stations that do not have in some cases modified in response to a DTV channel) was determined in each of Casper ...... *6, 12, 14, 17, 20 comments filed in this proceeding. These 360 uniformly spaced compass directions Cheyenne ...... 11, 27, 30 technical facilities data are also available in starting from true north. This determination Jackson ...... 2, 11 an EXCEL format at http://www.fcc.gov/dtv. was made using information in the engineering database, including directional Lander ...... 7, *8 Data Elements Laramie ...... *8 antenna data, and using terrain elevation data Rawlins ...... 9 Facility ID: A five-digit code for at points separated by 3 arc-seconds of Riverton ...... 10 identification of TV or DTV stations longitude and latitude, in conjunction with Rock Springs ...... 13 associated with channel allotments. A unique the FCC F(50, 90) curves. The FCC curves (47 Sheridan ...... 7, 13 code is assigned to each station at the time CFR 73.699) were applied in the usual way, the Commission first receives an application as described in 47 CFR 73.684, to find this GUAM for a construction permit for that station and noise-limited contour distance, with the does not change, even where the license for exception that dipole factor considerations Agana ...... 8, 12 the station changes ownership or major were applied to the field strength contour Tamuning ...... 14 changes are made to the station, such as a specified in 47 CFR 73.683 for UHF channels. change of channel or community. The station’s post-transition DTV ERP was PUERTO RICO City and State: The city and state to which then calculated by a further application of the channel is allotted and the station is FCC curves, with noise-limited DTV coverage Aguada ...... 50 licensed to serve. defined as the presence of field strengths of Aguadilla ...... 12, 17, *34 NTSC Channel: The station’s current 28 dBu, 36 dBu, and 41 dBu as set forth in Arecibo ...... 14, 46 analog (NTSC) channel. This field is left § 73.622(e) of the rules, respectively for low- Bayamon ...... 30 blank in the case of stations that are only VHF, high-VHF and UHF, at 50 percent of Caguas ...... 11, *48 licensed to operate digital television service. locations and 90 percent of the time. The Carolina ...... 51 If a station currently operates only an analog family of FCC propagation curves for Fajardo ...... 13, *16, 33 channel, that analog channel will appear in predicting field strength at 50 percent of Guayama ...... 45 this field. Note: Stations must cease analog locations 90 percent of the time is found by Humacao ...... 49 operations at the end of the DTV transition the formula F(50, 90) = F(50, 50) ¥ [F(50, Mayaguez ...... 22, 23, 29, 35 on February 17, 2009. See 47 U.S.C. 10) ¥ F(50, 50)]. That is, the F(50, 90) value Naranjito ...... 18 309(j)(14)(A). is lower than F(50, 50) by the same amount Ponce ...... 7, 9, 15, 19, *25, 47 DTV Channel: The channel assigned for that F(50, 10) exceeds F(50, 50). At UHF, the San Juan ...... 21, 27, 28, 31, 32, the station’s post-transition DTV operation. precise value 41 dBu was applied for channel *43 DTV Power: The effective radiated power 38; and the value used for other UHF San Sebastian ...... 39 (ERP) for the station’s post-transition DTV channels is 41 dBu plus a dipole factor Yauco ...... 41 operation. This value is the ERP specified for modification. This results in reception on the station’s post-transition operation in the channel 14 needing 2.3 dB less, and channel VIRGIN ISLANDS channel election process or modified in 69 needing 2.3 dB more, than the 41 dBu for response to comments in this proceeding. channel 38. The dipole factor modification Charlotte Amalie ...... 17, 43, *44 Accordingly, the ERP may be the station’s: (1) used in ERP calculations is equal to 20 times Christiansted ...... 15, 20, 23 Currently authorized ERP, (2) 1997 service log10 of the ratio of the center frequency of replication ERP, (3) other allowable value to the UHF channel of interest to the center Note: The following Appendicies will not which it agreed to operate to resolve a frequency of channel 38. appear in the Code of Federal Regulations. conflict or as part of a negotiated agreement In general, these computations of a in the channel election process; or (4) in station’s DTV power on a new channel to [APPENDIX A—RESERVED] cases where a station’s assigned DTV channel match the distance to its noise-limited Appendix B—DTV Table of Allotments is not its current DTV channel, a value contour result in ERP values which vary with Information determined by the Commission that will azimuth. For example, the azimuthal ERP enable the station to provide coverage of the pattern that replicates for a UHF channel, the The table in this appendix presents the station’s service area as specified in the noise-limited contour of an omnidirectional Commission’s assignments of DTV channel channel election process. The value shown is VHF operation will be somewhat different allotments to individual broadcast television the maximum, over a set of uniformly spaced because terrain has a different effect on stations for post-transition DTV operations. It compass directions, of the ERP values used propagation in the two bands. Thus, the sets forth the technical facilities—effective in determining the station’s specified noise- procedure described here effectively derives radiated power, antenna height above average limited DTV service contour. This value is a new directional antenna pattern wherever terrain, and antenna identification code—and used in the calculations of service and necessary for a precise match according to transmitter site for which each TV station interference also shown herein. FCC curves. would be authorized on its post-transition In cases where the TV Engineering Finally, the ERP specified for a station’s channel. The table also provides information Database indicated employment of a new UHF DTV channel was limited so that on stations’ predicted service coverage and directional antenna, the ERP in each specific it does not exceed 1 megawatt. This was done the percentage of their service population direction was determined through linear by scaling the azimuthal power pattern rather that would be affected by interference interpolation of the relative field values than by truncation. For example, if received from other DTV stations. The describing the directional pattern. (The replication by FCC curves as described above channels here are the same as those the directional pattern stored in the FCC requires an ERP of 1.2 megawatts, the power Commission is including in the new DTV computer database provides relative field pattern is reduced by a factor of 1.2 in all Table of Allotments (DTV Table), codified in values at 10-degree intervals and may directions. The azimuthal pattern is used in § 73.622(i) of the Commission’s rules. include additional values in special subsequent service and interference The table includes a DTV channel directions. The result of linear interpolation calculations for the station. assignment for all television stations that are of these relative field values is squared and Antenna Height: The height of the station’s eligible under the qualifying criteria, set forth multiplied by the overall maximum ERP transmitting antenna above average terrain, in the Second DTV Periodic Report and listed for the station in the TV Engineering that is, antenna height above average terrain Order and reiterated in the discussion above. Database to find the ERP in a specific (antenna HAAT). In general, the antenna The technical facilities parameters, which direction.) HAAT value shown for each station is the were also used for calculation of the Where a station’s ERP was determined by same as that specified for the station in the tabulated engineering information, were the Commission, it was calculated using the channel election process. This value VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54741 represents the height of the radiation center certified facilities on its proposed channel service receives predicted interference from of the station whose service area is being (i.e., the station’s TCD from the channel other DTV stations. Similarly, the number of replicated, above terrain averaged from 3.2 to election process); or the station has indicated people served is the population within a 16.1 kilometers (2 to 10 miles) from the that it would use a particular antenna for its station’s noise-limited service contour station’s transmitter site, over 8 evenly post-transition operation in the channel receiving an adequate signal relative to noise spaced radials. In computations of service election process, the station’s antenna pattern excluding people in areas with predicted coverage and interference, the value of is the same as specified in Schedule B of FCC interference. The level of interference antenna HAAT was determined every 5 Forms 383 and 385. These antenna patterns received to a station’s service is calculated degrees directly from the terrain elevation are used in the calculation of service area and based on desired-to-undesired (D/U) ratios, data, and by linear interpolation for compass interference. The CDBS can be accessed on and these levels must be above certain directions in between. the Internet at http://www.fcc.gov/mb/ threshold values for acceptable service. The Antenna ID: A six digit number that cdbs.html. percent interference received value is the identifies the radiation pattern for the Transmitter Latitude: The geographic percentage of the station’s service coverage station’s transmitting antenna that is stored latitude coordinates of the station’s within its noise-limited service contour that in the Commission’s Consolidated Database transmitter location. is affected by predicted interference from System (CDBS). In cases where a station’s Transmitter Longitude: The geographic other DTV stations. The threshold values post-transition channel is the same as its longitude coordinates of the station’s used to prepare the interference estimates in currently assigned DTV channel, the station’s transmitter location. this appendix are those set forth in antenna pattern is the same as its certified Service Area, Service Population, and § 73.623(c) of the rules, 47 CFR 73.623(c). facilities antenna. In other cases, such as Percent Interference Received: Under the The procedure used to identify areas of where a station chose its analog channel or heading ‘‘DIGITAL TELEVISION SERVICE service and interference is that specified in a different channel, or where the AFTER THE TRANSITION,’’ prospective OET Bulletin No. 69. See OET Bulletin No. Commission’s staff selected a ‘‘best conditions are evaluated in terms of both area 69, Longley-Rice Methodology for Evaluating available’’ channel for the station’s post- and population. The values tabulated under TV Coverage and Interference, February 6, transition operation, the antenna pattern for this heading are net values: service area is the 2004 (‘‘OET Bulletin No. 69’’), available at the station was developed by our computer area within a station’s noise-limited service http://www.fcc.gov/Bureaus/ software to allow the station to replicate the contour where the desired signal is above the Engineering_Technology/Documents/ coverage area reached by operation at its DTV noise threshold, less the area where bulletins/oet69/oet69.pdf. NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 21488 .... AK ANCHORAGE ...... 5 5 45 277 ...... 612010 1493046 45353 348 0 804 ...... AK ANCHORAGE ...... 7 8 50 240 67898 612522 1495220 26532 317 0 10173 .... AK ANCHORAGE ...... 2 10 21 240 67943 612522 1495220 22841 317 0 13815 .... AK ANCHORAGE ...... 13 12 41 240 65931 612522 1495220 25379 317 0 35655 .... AK ANCHORAGE ...... 4 20 234 55 74791 611311 1495324 10885 302 0 83503 .... AK ANCHORAGE ...... 9 26 1000 212 74792 610402 1494436 23703 323 0 49632 .... AK ANCHORAGE ...... 11 28 28.9 61 73156 611133 1495401 7254 292 0 25221 .... AK ANCHORAGE ...... 33 32 50 33 74793 610957 1494102 8943 287 0 4983 ...... AK BETHEL ...... 4 3 1 61 ...... 604733 1614622 10324 9 0 64597 .... AK FAIRBANKS ...... 7 7 3.2 214 74449 645520 1474255 11355 82 0 69315 .... AK FAIRBANKS ...... 9 9 3.2 152 80229 645442 1474638 6873 82 0 49621 .... AK FAIRBANKS ...... 11 11 3.2 1 74991 645036 1474248 5673 82 0 13813 .... AK FAIRBANKS ...... 2 18 16 230 ...... 645520 1474249 10344 82 0 8651 ...... AK JUNEAU ...... 3 10 1 1 ...... 581756 1342407 4249 30 0 13814 .... AK JUNEAU ...... 8 11 0.14 1 ...... 581805 1342626 2239 30 1.1 60520 .... AK KETCHIKAN ...... 4 13 3.2 1 29997 552059 1314012 4355 15 0 20015 .... AK NORTH POLE...... 4 20 50 5 ...... 644532 1471926 6209 82 0 60519 .... AK SITKA ...... 13 7 3.2 1 80181 570301 1352004 6048 8 0 56642 .... AL ANNISTON ...... 40 9 15.6 359 39744 333624 862503 24554 1437 6.6 71325 .... AL BESSEMER ...... 17 18 350 675 44013 332851 872403 37533 1549 1.4 717 ...... AL BIRMINGHAM ...... 10 10 3 426 ...... 332904 864825 22745 1363 4.9 74173 .... AL BIRMINGHAM ...... 13 13 16.9 408 75054 332926 864748 31517 1646 1.9 5360 ...... AL BIRMINGHAM ...... 42 30 1000 426 43265 332904 864825 31006 1687 0.4 16820 .... AL BIRMINGHAM ...... 68 36 885 406 68103 332904 864825 28264 1553 1.1 71221 .... AL BIRMINGHAM ...... 6 50 1000 420 74797 332919 864758 33118 1692 0.9 720 ...... AL DEMOPOLIS ...... 41 19 1000 324 60739 322145 875204 26322 330 6.5 43846 .... AL DOTHAN ...... 18 21 1000 205 ...... 311425 851843 23559 436 0 4152 ...... AL DOTHAN ...... 4 36 995 573 ...... 305510 854428 43948 886 0.4 714 ...... AL DOZIER ...... 2 10 3.2 393 ...... 313316 862332 23623 353 8.7 65128 .... AL FLORENCE ...... 15 14 1000 431 66619 350009 870809 30337 1112 0 6816 ...... AL FLORENCE ...... 26 20 50 230 74798 343438 874657 15572 355 1.7 715 ...... AL FLORENCE ...... 36 22 556 202 ...... 343441 874702 20778 544 0.2 1002 ...... AL GADSDEN ...... 60 26 150 315 29932 334853 862655 17744 1379 0.2 73312 .... AL GADSDEN ...... 44 45 225 309 43164 335327 862813 17536 1350 0.6 83943 .... AL GULF SHORES...... 55 25 64.5 308 74787 303640 873626 15544 932 0 74138 .... AL HOMEWOOD ...... 21 28 765 427 68108 332904 864825 30801 1663 0.9 48693 .... AL HUNTSVILLE ...... 19 19 40.7 514 ...... 344419 863156 23609 992 2.2 713 ...... AL HUNTSVILLE ...... 25 24 396 340 ...... 344413 863145 27052 1092 0.7 57292 .... AL HUNTSVILLE ...... 31 32 468 538 67239 344412 863159 32626 1301 0.9 28119 .... AL HUNTSVILLE ...... 54 41 400 518 43864 344412 863159 29827 1213 1 591 ...... AL HUNTSVILLE ...... 48 49 41 552 ...... 344239 863207 22282 936 0.8 710 ...... AL LOUISVILLE ...... 43 44 925 262 59887 314304 852603 18777 337 0.1 4143 ...... AL MOBILE ...... 10 9 29 381 ...... 304117 874754 34970 1203 0 11906 .... AL MOBILE ...... 15 15 510 558 74580 303640 873627 35481 1282 0.6 60827 .... AL MOBILE ...... 21 20 105 529 70813 303640 873627 23682 1116 0 83740 .... AL MOBILE ...... 23 337 574 75124 303645 873843 37989 1283 0.1 73187 .... AL MOBILE ...... 5 27 1000 581 74800 304120 874949 45411 1406 0.3 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54742 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 721 ...... AL MOBILE ...... 42 41 199 185 ...... 303933 875333 16361 912 0 13993 .... AL MONTGOMERY ...... 12 12 24.9 507 74369 315828 860944 31615 788 0.5 73642 .... AL MONTGOMERY ...... 20 16 1000 518 29552 315828 860944 37703 829 1.3 706 ...... AL MONTGOMERY ...... 26 27 568 176 ...... 322255 861733 18025 549 3.7 72307 .... AL MONTGOMERY ...... 32 32 199 545 75049 320830 864443 28378 579 0.7 60829 .... AL MONTGOMERY ...... 45 46 500 308 28430 322413 861147 21909 641 0.3 711 ...... AL MOUNT CHEAHA...... 7 7 24.1 610 80203 332907 854833 42633 2370 3.4 11113 .... AL OPELIKA ...... 66 47 136 539 74487 321916 844728 24321 662 1.3 32851 .... AL OZARK ...... 34 33 15 151 68078 311228 853649 8868 244 0 84802 .... AL SELMA ...... 29 29 1000 408 32810 323227 865033 26741 621 5.9 701 ...... AL SELMA ...... 8 42 787 507 ...... 320858 864651 38739 722 0.1 62207 .... AL TROY ...... 67 48 50 345 30182 320336 855701 14891 479 2 77496 .... AL TUSCALOOSA ...... 23 23 50 266 74752 330315 873257 16640 407 1 21258 .... AL TUSCALOOSA ...... 33 33 160 625 70330 332848 872550 30987 1357 0.5 68427 .... AL TUSKEGEE ...... 22 22 100 325 74464 320336 855702 17790 532 0.4 2768 ...... AR ARKADELPHIA ...... 9 13 7.3 320 ...... 335426 930646 22157 299 16.9 86534 .... AR CAMDEN ...... 49 49 68.1 175 74782 331619 924212 13417 146 0.5 92872 .... AR EL DORADO...... 10 6 541 80186 330441 921341 26324 442 1.6 35692 .... AR EL DORADO...... 10 27 823 582 ...... 330441 921341 43407 631 5.4 84164 .... AR EL DORADO...... 43 43 206 530 74776 330441 921341 26259 446 0.1 81593 .... AR EUREKA SPRINGS...... 34 34 87.1 213 75069 362630 935825 12963 442 0.1 2767 ...... AR FAYETTEVILLE ...... 13 9 19 501 ...... 354853 940141 35150 889 1.5 60354 .... AR FAYETTEVILLE ...... 29 15 180 266 ...... 360057 940459 19569 560 3.5 66469 .... AR FORT SMITH...... 5 18 550 286 ...... 354949 940924 25959 736 0.2 60353 .... AR FORT SMITH...... 40 21 325 602 ...... 350415 944043 33811 525 7.4 29560 .... AR FORT SMITH...... 24 27 200 305 41354 354236 940815 19234 627 0.8 78314 .... AR HARRISON ...... 31 31 191 339 75064 364218 930345 18376 533 2.8 608 ...... AR HOT SPRINGS...... 26 26 66.4 258 74370 342221 930247 13726 250 0.1 13988 .... AR JONESBORO ...... 8 8 18 531 ...... 355322 905608 39540 689 0.2 2769 ...... AR JONESBORO ...... 19 20 50 310 ...... 355414 904614 18806 312 0 2784 ...... AR JONESBORO ...... 48 48 982 295 75036 353616 903118 24784 1386 0 2770 ...... AR LITTLE ROCK...... 2 7 8.06 548 74338 342631 921303 30372 952 0 2787 ...... AR LITTLE ROCK...... 11 12 55 519 ...... 344757 922959 43098 1128 0.8 33543 .... AR LITTLE ROCK...... 7 22 750 574 ...... 342824 921210 43307 1087 0.3 11951 .... AR LITTLE ROCK...... 16 30 1000 449 40344 344757 922929 32289 1043 0 33440 .... AR LITTLE ROCK...... 4 32 989 474 29656 344757 922959 37939 1084 0.2 58267 .... AR LITTLE ROCK...... 36 36 50 394 74768 344756 922945 16626 809 0.2 37005 .... AR LITTLE ROCK...... 42 44 1000 485 59098 344745 922944 31868 1038 0.5 2777 ...... AR MOUNTAIN VIEW...... 6 13 4.05 407 66439 354847 921724 20280 260 14.6 607 ...... AR PINE BLUFF...... 25 24 725 356 40413 343155 920241 24562 845 0 41212 .... AR PINE BLUFF...... 38 39 1000 590 40345 342631 921303 34162 1006 0 29557 .... AR ROGERS ...... 51 50 1000 267 ...... 362447 935716 23556 643 0 67347 .... AR SPRINGDALE ...... 57 39 316 114 40726 361107 941749 12789 422 0.1 81441 .... AZ DOUGLAS ...... 3 36 1000 9 74708 312208 1093145 10673 34 0 24749 .... AZ FLAGSTAFF ...... 2 2 7.25 465 74450 345806 1113028 33788 270 0.2 41517 .... AZ FLAGSTAFF ...... 13 13 19.6 474 74998 345805 1113029 29913 203 0 74149 .... AZ FLAGSTAFF ...... 4 18 726 487 74804 345804 1113030 34193 227 0 35104 .... AZ FLAGSTAFF ...... 9 32 1000 343 72238 345806 1113029 26812 213 1 63927 .... AZ GREEN VALLEY...... 46 46 70.8 1095 74581 322454 1104256 26056 802 0 83491 .... AZ HOLBROOK ...... 11 11 3.2 54 74722 345505 1100825 8819 16 0 24753 .... AZ KINGMAN ...... 6 19 1000 585 74805 350157 1142156 30420 175 0 35486 .... AZ MESA ...... 12 12 22 543 74517 332000 1120348 33724 3236 0 2728 ...... AZ PHOENIX ...... 8 8 30.7 527 75007 332000 1120349 35929 3239 0 35587 .... AZ PHOENIX ...... 10 10 22.2 558 74488 332003 1120343 34519 3236 0 59440 .... AZ PHOENIX ...... 15 15 218 509 ...... 332000 1120346 28668 3229 0 41223 .... AZ PHOENIX ...... 5 17 1000 507 67336 332002 1120340 31756 3237 0 67868 .... AZ PHOENIX ...... 21 20 500 489 ...... 332002 1120342 30913 3232 0 40993 .... AZ PHOENIX ...... 3 24 1000 501 43557 332001 1120345 31415 3234 0 68886 .... AZ PHOENIX ...... 45 26 1000 517 33195 332001 1120332 32353 3237 0 35705 .... AZ PHOENIX ...... 33 33 196 510 74503 332000 1120346 22493 3226 0 81458 .... AZ PHOENIX ...... 39 39 50 538 80243 332003 1120338 17660 3209 0.1 7143 ...... AZ PHOENIX ...... 61 49 531 497 43560 332002 1120344 24945 3227 0 35811 .... AZ PRESCOTT ...... 7 7 3.2 850 74984 344115 1120701 24427 266 0.6 35095 .... AZ SIERRA VISTA...... 58 44 1000 319 65401 314532 1104803 18972 893 0 26655 .... AZ TOLLESON ...... 51 51 197 546 ...... 332003 1120338 25018 3227 0 36918 .... AZ TUCSON ...... 9 9 9.23 1134 74508 322454 1104259 39703 999 0.1 11908 .... AZ TUCSON ...... 18 19 480 1123 59934 322456 1104250 37731 924 0.1 25735 .... AZ TUCSON ...... 4 23 405 1123 68106 322456 1104250 35035 914 0.2 44052 .... AZ TUCSON ...... 11 25 480 1123 64314 322456 1104250 35738 911 0.2 2722 ...... AZ TUCSON ...... 27 28 50 178 42999 321253 1110021 8550 831 0 2731 ...... AZ TUCSON ...... 6 30 668 1092 ...... 322455 1104251 45415 983 0 48663 .... AZ TUCSON ...... 13 32 108 1123 43979 322456 1104250 25662 807 0.7 30601 .... AZ TUCSON ...... 40 40 396 621 74564 321456 1110658 22249 933 0 74449 .... AZ YUMA ...... 11 11 22.3 468 74556 330310 1144940 34281 326 0 33639 .... AZ YUMA ...... 13 16 510 475 74806 330317 1144934 28310 324 0 24518 .... CA ANAHEIM ...... 56 32 1000 949 42876 341335 1180358 33879 15062 0 8263 ...... CA ARCATA ...... 23 22 50 510 74807 404336 1235818 20016 120 0 29234 .... CA AVALON ...... 54 47 350 937 66764 341337 1180357 31249 14695 0.2 40878 .... CA BAKERSFIELD ...... 23 10 4.6 1128 74808 352714 1183537 23144 841 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54743 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 34459 .... CA BAKERSFIELD ...... 17 25 135 405 44570 352617 1184422 18738 698 0 4148 ...... CA BAKERSFIELD ...... 29 33 110 1128 27939 352711 1183525 24592 992 0 7700 ...... CA BAKERSFIELD ...... 45 45 210 387 74619 352620 1184424 16819 697 0 63865 .... CA BARSTOW ...... 64 44 1000 596 ...... 343634 1171711 27479 1578 0 83825 .... CA BISHOP ...... 20 20 50 928 74744 372443 1181106 16923 23 0 40517 .... CA CALIPATRIA ...... 54 36 155 476 75040 330302 1144938 20044 318 0 4939 ...... CA CERES ...... 23 15 15 172 ...... 372934 1211329 11349 1202 0 33745 .... CA CHICO ...... 24 24 331 537 ...... 401531 1220524 28699 422 0 24508 .... CA CHICO ...... 12 43 1000 396 74809 395730 1214248 25916 597 1.5 23302 .... CA CLOVIS ...... 43 43 283 642 ...... 364446 1191657 31884 1452 0.1 21533 .... CA CONCORD ...... 42 14 50 942 80194 375254 1215505 29972 8383 0.1 19783 .... CA CORONA ...... 52 39 54 912 41582 341248 1180341 21797 14149 0.2 57945 .... CA COTATI ...... 22 23 110 628 68181 382054 1223438 23262 4471 0 51208 .... CA EL CENTRO...... 9 9 19.5 414 75031 330319 1144944 31675 325 0 36170 .... CA EL CENTRO...... 7 22 1000 477 36690 330302 1144938 33284 325 0 53382 .... CA EUREKA ...... 3 3 8.39 503 74390 404352 1235706 35110 149 0 55435 .... CA EUREKA ...... 13 11 40 550 ...... 404338 1235817 39817 149 0 42640 .... CA EUREKA ...... 6 17 30 550 44483 404339 1235817 17975 118 0 58618 .... CA EUREKA ...... 29 28 119 381 28858 404336 1235826 15820 121 0 8378 ...... CA FORT BRAGG...... 8 8 44.9 733 74379 394138 1233443 38724 143 0.2 67494 .... CA FRESNO ...... 53 7 38 560 29423 370423 1192552 33624 1631 0.2 8620 ...... CA FRESNO ...... 30 30 182 614 74349 370437 1192601 22934 1437 0.1 56034 .... CA FRESNO ...... 47 34 185 577 44959 370414 1192531 24853 1422 0.1 35594 .... CA FRESNO ...... 24 38 326 601 69073 370419 1192548 28138 1466 0.1 69733 .... CA FRESNO ...... 18 40 250 698 67432 364445 1191651 29501 1441 0 34439 .... CA HANFORD ...... 21 20 350 580 29793 370422 1192550 28070 1509 0 4328 ...... CA HUNTINGTON BEACH...... 50 48 1000 949 65049 341335 1180357 35188 15139 0 35608 .... CA LONG BEACH...... 18 18 111 889 75204 341250 1180340 19277 14109 2.8 282 ...... CA LOS ANGELES...... 7 7 11.2 978 74603 341337 1180358 37164 15562 0.1 21422 .... CA LOS ANGELES...... 9 9 12 951 69629 341338 1180400 34447 15439 0 22208 .... CA LOS ANGELES...... 11 11 40.2 902 74702 341329 1180348 40526 15807 0.1 33742 .... CA LOS ANGELES...... 13 13 14.1 899 74704 341342 1180402 36927 15505 0 13058 .... CA LOS ANGELES...... 28 28 107 913 70604 341326 1180343 21994 14312 1.9 35670 .... CA LOS ANGELES...... 5 31 1000 954 32823 341336 1180356 42312 15543 0.2 35123 .... CA LOS ANGELES...... 34 34 392 956 74509 341336 1180359 31607 15014 0 47906 .... CA LOS ANGELES...... 4 36 711 984 74810 341332 1180352 41039 15464 0 38430 .... CA LOS ANGELES...... 58 41 162 901 41475 341326 1180345 22058 13992 1 26231 .... CA LOS ANGELES...... 22 42 486 892 42167 341248 1180341 24724 14376 1.4 9628 ...... CA LOS ANGELES...... 2 43 300 947 69117 341338 1180400 31477 14815 0.5 58608 .... CA MERCED ...... 51 11 58 575 75200 370419 1192549 35621 1691 0 58609 .... CA MODESTO ...... 19 18 500 555 36726 380707 1204327 29812 3331 0 35611 .... CA MONTEREY ...... 67 31 50 701 29629 364523 1213005 14541 1065 42.1 26249 .... CA MONTEREY ...... 46 32 46 758 44481 363205 1213714 16387 761 9 49153 .... CA NOVATO ...... 68 47 1000 402 28688 380900 1223531 15940 5258 3 35703 .... CA OAKLAND ...... 2 44 811 433 74637 374519 1222706 23024 6336 0 60549 .... CA ONTARIO ...... 46 29 400 937 68117 341336 1180359 32827 14946 1.2 56384 .... CA OXNARD ...... 63 24 85 533 40843 341949 1190124 16934 2418 38.4 25577 .... CA PALM SPRINGS...... 42 42 50 219 72090 335158 1162602 7331 372 4.4 16749 .... CA PALM SPRINGS...... 36 46 50 207 74811 335200 1162556 7220 371 0 58605 .... CA PARADISE ...... 30 20 661 448 27908 395750 1214238 23929 576 0 35512 .... CA PORTERVILLE ...... 61 48 197 804 38116 361714 1185017 27716 1741 0 55083 .... CA RANCHO PALOS VERDES .... 44 51 1000 937 65079 341335 1180357 33638 15007 0 8291 ...... CA REDDING ...... 7 7 11.6 1106 74504 403610 1223900 38353 371 0.1 47285 .... CA REDDING ...... 9 9 9.69 1097 74412 403609 1223901 37993 370 1.4 22161 .... CA RIVERSIDE ...... 62 45 670 907 74510 341250 1180340 31637 15069 0 35855 .... CA SACRAMENTO ...... 6 9 19.2 567 74604 381618 1213018 33919 5291 13.9 25048 .... CA SACRAMENTO ...... 10 10 16.6 595 74695 381424 1213003 37093 6313 0 51499 .... CA SACRAMENTO ...... 31 21 850 581 ...... 381554 1212924 39963 6384 0 33875 .... CA SACRAMENTO ...... 3 35 1000 591 74812 381554 1212924 37884 5024 17.7 10205 .... CA SACRAMENTO ...... 40 40 765 581 70334 381618 1213018 31502 4587 4.2 52953 .... CA SACRAMENTO ...... 29 48 1000 489 44981 381554 1212924 30324 4218 1.1 19653 .... CA SALINAS ...... 8 8 19.2 736 70343 364523 1213005 28847 2561 14.8 14867 .... CA SALINAS ...... 35 13 19.8 720 44925 364522 1213006 23793 1122 49.2 58795 .... CA SAN BERNARDINO...... 24 26 440 529 ...... 335757 1171705 20478 13150 0 58978 .... CA SAN BERNARDINO...... 30 38 1000 909 46152 341246 1180341 23330 14414 0.1 42122 .... CA SAN DIEGO...... 8 8 14.9 226 80224 325017 1171456 24515 3087 0.2 40876 .... CA SAN DIEGO...... 10 10 11 205 74985 325020 1171456 19575 2948 0.7 10238 .... CA SAN DIEGO...... 51 18 355 576 39587 324150 1165604 29082 2910 3.5 58827 .... CA SAN DIEGO...... 69 19 323 598 65036 324147 1165607 29443 3106 0.2 6124 ...... CA SAN DIEGO...... 15 30 350 567 33507 324153 1165603 27819 3013 0.3 35277 .... CA SAN DIEGO...... 39 40 370 563 68010 324148 1165606 26970 2968 0.3 34470 .... CA SAN FRANCISCO...... 7 7 21 509 74465 374520 1222705 32516 6516 7.3 51189 .... CA SAN FRANCISCO...... 20 19 383 418 19024 374519 1222706 22989 6360 1 37511 .... CA SAN FRANCISCO...... 26 27 500 403 67202 374112 1222603 21218 6116 1.8 25452 .... CA SAN FRANCISCO...... 5 29 1000 506 74813 374520 1222705 36730 7115 0 35500 .... CA SAN FRANCISCO...... 9 30 709 509 74814 374519 1222706 33404 6593 4.7 43095 .... CA SAN FRANCISCO...... 32 33 50 491 74815 374520 1222705 16151 5924 0.1 65526 .... CA SAN FRANCISCO...... 4 38 712 446 74655 374519 1222706 23165 6338 1.4 71586 .... CA SAN FRANCISCO...... 38 39 1000 428 29544 374519 1222706 24293 6266 4 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54744 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 69619 .... CA SAN FRANCISCO...... 44 45 400 446 27801 374519 1222706 19753 6005 2.9 33778 .... CA SAN FRANCISCO...... 14 51 476 701 28493 372957 1215216 19534 6377 0.1 35280 .... CA SAN JOSE...... 11 12 103 377 64426 374107 1222601 36145 6703 0.1 34564 .... CA SAN JOSE...... 36 36 740 668 74585 372917 1215159 28576 6601 4.5 22644 .... CA SAN JOSE...... 65 41 1000 418 60706 374115 1222601 23495 6250 3.3 64987 .... CA SAN JOSE...... 48 49 257 688 38067 372957 1215216 21071 6083 1.5 35663 .... CA SAN JOSE...... 54 50 290 662 34197 372917 1215159 16608 6021 1.7 19654 .... CA SAN LUIS OBISPO ...... 6 15 1000 515 28386 352137 1203918 30360 439 0 12930 .... CA SAN LUIS OBISPO ...... 33 34 82 441 44369 352138 1203921 18410 410 0.2 58912 .... CA SAN MATEO...... 60 43 536 428 44617 374519 1222706 20821 6089 2.4 59013 .... CA SANGER ...... 59 36 372 600 43974 370437 1192601 27078 1440 0 67884 .... CA SANTA ANA...... 40 23 50 900 39876 341327 1180344 21304 13620 5.6 12144 .... CA SANTA BARBARA...... 38 21 1000 923 33205 343128 1195735 36089 1343 0 60637 .... CA SANTA BARBARA...... 3 27 699 917 74818 343132 1195728 42071 1298 2.1 63165 .... CA SANTA MARIA...... 12 19 188 591 74819 345437 1201108 26167 413 0 34440 .... CA SANTA ROSA...... 50 32 19.9 928 72086 384010 1223752 18189 742 4.5 56550 .... CA STOCKTON ...... 13 25 1000 594 32519 381424 1213003 39491 6024 7.9 20871 .... CA STOCKTON ...... 64 26 425 599 71124 381424 1213003 27821 4135 4.8 10242 .... CA STOCKTON ...... 58 46 600 580 ...... 381554 1212924 32953 4769 10.3 16729 .... CA TWENTYNINE PALMS...... 23 150 784 36709 340217 1164847 20848 1940 44.1 51429 .... CA VALLEJO ...... 66 34 150 419 39592 374519 1222706 17320 5876 3.3 14000 .... CA VENTURA ...... 57 49 1000 937 65163 341335 1180357 34730 15072 0 51488 .... CA VISALIA ...... 26 28 219 763 28096 364002 1185242 30550 1433 0 16950 .... CA VISALIA ...... 49 50 185 834 ...... 361714 1185017 31085 1753 0 8214 ...... CA WATSONVILLE ...... 25 25 81.1 699 70678 364522 1213004 17432 1895 7.1 57219 .... CO BOULDER ...... 14 15 200 351 66988 394017 1051306 21679 2934 0 22685 .... CO BROOMFIELD ...... 12 13 34.4 730 80221 394055 1052949 33459 3042 0 37101 .... CO CASTLE ROCK...... 53 46 300 178 30026 392557 1043918 13108 2332 0 35037 .... CO COLORADO SPRINGS...... 11 10 20.1 725 20589 384441 1045141 29268 959 54 35991 .... CO COLORADO SPRINGS...... 21 22 51 641 44318 384443 1045140 22342 1109 0 52579 .... CO COLORADO SPRINGS...... 13 24 459 652 74820 384445 1045138 30518 2149 0 40875 .... CO DENVER ...... 7 7 37.4 295 74403 394350 1051353 24932 2899 2 23074 .... CO DENVER ...... 9 9 39.6 318 74392 394350 1051353 25732 2925 1.8 14040 .... CO DENVER ...... 6 18 1000 292 74821 394349 1051500 25306 2939 0.4 68581 .... CO DENVER ...... 20 19 1000 295 44187 394350 1051353 24975 2948 0.3 126 ...... CO DENVER ...... 31 32 1000 314 30041 394345 1051412 23205 2875 0 35883 .... CO DENVER ...... 2 34 1000 318 ...... 394358 1051408 26818 2981 0.2 47903 .... CO DENVER ...... 4 35 1000 373 44452 394351 1051354 25932 2957 0.2 20476 .... CO DENVER ...... 41 40 74.8 344 ...... 393559 1051235 17700 2624 0 68695 .... CO DENVER ...... 59 43 145 356 74822 394024 1051303 17347 2700 0.4 24514 .... CO DENVER ...... 50 51 900 233 36173 394358 1051408 19718 2711 0 48589 .... CO DURANGO...... 6 15 46 90 44437 371546 1075358 8794 91 0 84224 .... CO DURANGO ...... 20 46 130 65291 371546 1075358 7843 65 0 82613 .... CO DURANGO ...... 33 33 50 122 75068 371546 1075345 6607 54 0 125 ...... CO FORT COLLINS...... 22 21 1000 233 ...... 403832 1044905 25510 1284 0 70578 .... CO GLENWOOD SPRINGS...... 3 23 16.1 771 71566 392507 1072206 14435 82 0 70596 .... CO GRAND JUNCTION...... 5 2 0.8 28 29734 390517 1083358 7398 116 0 52593 .... CO GRAND JUNCTION...... 8 7 9.7 829 74825 390255 1081506 31964 185 0 24766 .... CO GRAND JUNCTION...... 11 12 5.3 452 44527 390400 1084445 17986 138 0.3 31597 .... CO GRAND JUNCTION...... 4 15 71.5 407 29771 390358 1084446 12155 130 0 14042 .... CO GRAND JUNCTION...... 18 18 51.2 883 74404 390314 1081513 19336 121 0 38375 .... CO LONGMONT ...... 25 29 540 379 71598 400559 1045402 24252 2839 0 70579 .... CO MONTROSE ...... 10 13 2.6 35 29766 383102 1075112 7576 53 1 69170 .... CO PUEBLO ...... 8 8 20.3 727 74992 384444 1045139 29601 900 56.5 59014 .... CO PUEBLO ...... 5 42 880 660 68141 384442 1045139 31089 765 13.6 20373 .... CO STEAMBOAT SPRINGS...... 24 10 0.481 175 44199 402743 1065057 6228 29 0 63158 .... CO STERLING ...... 3 23 599 204 ...... 403457 1030156 21554 73 0 70493 .... CT BRIDGEPORT ...... 43 42 1000 156 ...... 412143 730648 18461 5591 1.7 13594 .... CT BRIDGEPORT ...... 49 49 50 222 74586 411643 731108 10597 3792 3.3 147 ...... CT HARTFORD ...... 61 31 380 506 66902 414213 724957 23488 3645 16.3 53115 .... CT HARTFORD ...... 3 33 1000 289 44846 414630 724820 21115 3536 16.1 13602 .... CT HARTFORD ...... 24 45 465 505 65933 414213 724957 26813 4226 1.3 3072 ...... CT HARTFORD ...... 18 46 217 269 ...... 414630 724804 16467 3302 7.6 74170 .... CT NEW BRITAIN...... 30 35 250 434 65777 414202 724957 24346 4252 3.8 13595 .... CT NEW HAVEN...... 65 6 0.4 88 ...... 411942 725425 9068 2713 10.1 74109 .... CT NEW HAVEN...... 8 10 20.5 342 65037 412522 725706 25647 6215 12 33081 .... CT NEW HAVEN...... 59 39 170 301 46284 412522 725706 17709 4376 2.9 51980 .... CT NEW LONDON...... 26 26 76 368 80220 412503 721155 18575 3333 2.6 13607 .... CT NORWICH ...... 53 9 3.2 192 75021 413114 721003 11997 1198 29.8 14050 .... CT WATERBURY ...... 20 20 58.5 515 74364 414213 724957 21645 3935 9.5 1051 ...... DC WASHINGTON ...... 7 7 15 254 74539 385701 770447 22296 7065 0 65593 .... DC WASHINGTON ...... 9 9 17 254 74506 385701 770447 22544 7075 0.3 65670 .... DC WASHINGTON ...... 26 27 90 254 66360 385701 770447 16086 6626 1.6 27772 .... DC WASHINGTON ...... 32 33 100 254 ...... 385701 770447 17550 6781 0.1 51567 .... DC WASHINGTON ...... 20 35 500 254 ...... 385701 770447 21882 7046 0.2 22207 .... DC WASHINGTON ...... 5 36 1000 235 74830 385721 770457 22214 7092 0.8 47904 .... DC WASHINGTON ...... 4 48 1000 237 74831 385624 770454 22223 7074 0.1 30576 .... DC WASHINGTON ...... 50 50 123 253 ...... 385744 770136 17031 6767 0.1 72335 .... DE SEAFORD ...... 64 44 98 196 66096 383915 753642 11086 465 7.4 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54745 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 72338 .... DE WILMINGTON ...... 12 12 9.9 294 74622 400230 751424 21656 7752 1.6 51984 .... DE WILMINGTON ...... 61 31 200 374 39302 400230 751411 18478 6836 9.5 51349 .... FL BOCA RATON...... 63 40 1000 310 ...... 255934 801027 29971 4925 0 6601 ...... FL BRADENTON ...... 66 42 210 476 ...... 274910 821539 28906 3722 1 70649 .... FL CAPE CORAL...... 36 35 930 404 67859 264742 814805 28363 1378 1.1 11125 .... FL CLEARWATER ...... 22 21 1000 409 32885 274910 821539 26800 3503 0.1 53465 .... FL CLERMONT ...... 18 17 1000 472 38022 283512 810458 36917 3225 0.1 6744 ...... FL COCOA ...... 68 30 182 491 38429 283635 810335 26292 2631 0 24582 .... FL COCOA ...... 52 51 50 514 ...... 283512 810458 23814 2623 0 25738 .... FL DAYTONA BEACH...... 2 11 54.9 511 41527 283635 810335 43816 3125 4.4 131 ...... FL DAYTONA BEACH...... 26 49 150 459 ...... 285516 811909 25951 2645 0.1 81669 .... FL DESTIN ...... 48 1000 318 65951 305952 864313 23444 743 1.5 64971 .... FL FORT LAUDERDALE...... 51 30 329 304 74587 255909 801137 20549 4770 0.2 22093 .... FL FORT MYERS...... 11 9 20 451 ...... 264801 814548 37693 1562 0 71085 .... FL FORT MYERS...... 20 15 1000 454 59198 264921 814554 36098 1643 0 62388 .... FL FORT MYERS...... 30 31 50 293 74833 264854 814544 17120 943 0.1 35575 .... FL FORT PIERCE...... 34 34 522 438 75041 270719 802320 28293 2144 0 29715 .... FL FORT PIERCE...... 21 38 765 297 71509 270132 801043 22636 2117 0 31570 .... FL FORT WALTON BEACH ...... 53 40 33.5 219 29918 302409 865935 11996 581 0 54938 .... FL FORT WALTON BEACH ...... 58 49 50 59 74834 302343 863011 3785 163 12 6554 ...... FL FORT WALTON BEACH ...... 35 50 1000 221 ...... 302346 865913 21954 689 0 83965 .... FL GAINESVILLE ...... 29 9 3.2 278 75127 293747 823425 18401 500 1.7 16993 .... FL GAINESVILLE ...... 20 16 344 254 70423 293211 822400 18598 793 0 69440 .... FL GAINESVILLE ...... 5 36 1000 263 ...... 294234 822340 26470 1150 0 7727 ...... FL HIGH SPRINGS...... 53 28 168 265 73079 293747 823424 17693 635 0.1 60536 .... FL HOLLYWOOD ...... 69 47 575 297 43915 255909 801137 21946 4801 0 73130 .... FL JACKSONVILLE ...... 7 7 16.2 288 74527 301651 813412 25919 1314 0.5 65046 .... FL JACKSONVILLE ...... 12 13 25 310 ...... 301624 813313 31176 1381 1.6 35576 .... FL JACKSONVILLE ...... 47 19 1000 291 42083 301651 813412 27268 1345 0.3 11909 .... FL JACKSONVILLE ...... 30 32 1000 291 42562 301651 813412 25771 1324 0.2 29712 .... FL JACKSONVILLE ...... 17 34 1000 283 29378 301636 813347 24697 1308 0 53116 .... FL JACKSONVILLE ...... 4 42 976 294 41583 301624 813313 26562 1329 0 29719 .... FL JACKSONVILLE ...... 59 44 715 235 69233 301634 813353 19675 1267 0 72053 .... FL KEY WEST...... 22 3 1 62 ...... 243318 814807 9983 45 0 27387 .... FL KEY WEST...... 8 8 3.2 33 74365 243419 814425 5713 45 0 27290 .... FL LAKE WORTH...... 67 36 1000 385 43353 263520 801244 28708 4345 12.9 53819 .... FL LAKELAND ...... 32 19 1000 458 ...... 274910 821539 41503 4346 1.7 60018 .... FL LEESBURG ...... 55 40 1000 514 32830 283511 810458 37186 3155 0.2 9881 ...... FL LEESBURG ...... 45 46 1000 472 59171 283512 810458 31806 3050 0.2 22245 .... FL LIVE OAK...... 57 48 1000 597 ...... 304051 835821 44034 970 0 81594 .... FL MARIANNA ...... 51 51 50 254 74785 303042 852917 13673 278 0 5802 ...... FL MELBOURNE ...... 43 43 1000 300 74433 281822 805445 23789 2340 0.3 67602 .... FL MELBOURNE ...... 56 48 1000 456 67869 280537 810728 31239 2955 3.5 63840 .... FL MIAMI ...... 7 7 145 291 80184 255749 801244 36091 5031 0 53113 .... FL MIAMI ...... 10 10 30 294 74350 255759 801244 27703 4931 0 13456 .... FL MIAMI ...... 2 18 1000 309 30258 255730 801244 26169 4906 0 10203 .... FL MIAMI ...... 39 19 1000 239 67745 255807 801320 20430 4771 0.4 66358 .... FL MIAMI ...... 17 20 625 301 42558 255846 801146 23263 4880 0 47902 .... FL MIAMI ...... 4 22 1000 298 ...... 255807 801320 31232 4922 0 73230 .... FL MIAMI ...... 23 23 485 257 74466 255807 801320 18379 4714 0 63154 .... FL MIAMI ...... 6 31 1000 311 ...... 255807 801320 30510 4920 0 12497 .... FL MIAMI ...... 33 32 1000 263 41330 255802 801234 21017 4771 0 48608 .... FL MIAMI ...... 35 35 242 282 74993 255909 801137 18162 4564 2.8 67971 .... FL MIAMI ...... 45 46 500 308 36387 255934 801027 19031 4815 0 19183 .... FL NAPLES ...... 26 41 1000 454 59197 264921 814554 32033 1491 2 61504 .... FL NAPLES ...... 46 45 1000 456 33429 264708 814740 28232 1369 0.4 12171 .... FL NEW SMYRNA BEACH ...... 15 33 308 491 59744 283635 810335 28477 2677 0.1 70651 .... FL OCALA ...... 51 31 500 259 39152 292132 821943 19210 910 0.2 11893 .... FL ORANGE PARK...... 25 10 12 298 ...... 301624 813313 26958 1318 0.9 41225 .... FL ORLANDO ...... 35 22 1000 392 28032 283613 810511 34755 2981 0.2 12855 .... FL ORLANDO ...... 24 23 950 380 40155 283608 810537 32898 2991 0 71293 .... FL ORLANDO ...... 6 26 547 516 71980 283635 810335 35732 2960 0.2 55454 .... FL ORLANDO ...... 27 27 247 477 ...... 283407 810316 32237 2872 0 72076 .... FL ORLANDO ...... 9 39 1000 492 ...... 283407 810316 40585 3220 0.2 54940 .... FL ORLANDO ...... 65 41 1000 515 ...... 283635 810335 40291 3165 2.7 11123 .... FL PALM BEACH...... 61 49 800 125 44853 264547 801219 13671 2395 0 73136 .... FL PANAMA CITY...... 7 7 52 244 74969 302600 852451 25857 372 0.4 2942 ...... FL PANAMA CITY...... 28 9 2.3 142 67964 302342 853202 12161 238 2.4 66398 .... FL PANAMA CITY...... 13 13 35.5 405 74426 302108 852328 32536 721 0.1 6093 ...... FL PANAMA CITY...... 56 38 49.2 137 ...... 302202 855528 12069 275 0 4354 ...... FL PANAMA CITY BEACH ...... 46 47 50 59 74838 301059 854642 5037 154 0 71363 .... FL PENSACOLA ...... 3 17 1000 579 ...... 303645 873843 47474 1408 0 17611 .... FL PENSACOLA ...... 23 31 1000 549 38343 303640 873626 33333 1253 0.1 10894 .... FL PENSACOLA ...... 33 34 1000 415 33836 303735 873850 27979 1210 0 41210 .... FL PENSACOLA ...... 44 45 1000 457 42957 303516 873313 28956 1244 0 61251 .... FL SARASOTA ...... 40 24 116 233 ...... 273321 822149 15298 2563 12 11290 .... FL ST. PETERSBURG...... 10 10 18.5 440 74467 281104 824539 31248 3396 0.2 4108 ...... FL ST. PETERSBURG...... 38 38 1000 438 70212 275032 821546 30498 3664 0.1 74112 .... FL ST. PETERSBURG...... 44 44 463 452 ...... 275052 821548 32510 3887 0.8 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54746 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 83929 .... FL STUART ...... 44 773 80 ...... 264337 800448 14826 2240 0 82735 .... FL TALLAHASSEE ...... 24 24 39 65784 302940 842503 5304 304 0 41065 .... FL TALLAHASSEE ...... 27 27 1000 487 ...... 304006 835810 41970 951 0.1 21801 .... FL TALLAHASSEE ...... 11 32 938 237 ...... 302131 843638 25384 516 0 66908 .... FL TALLAHASSEE ...... 40 40 1000 600 70213 304051 835821 38436 784 0.1 64592 .... FL TAMPA ...... 8 7 19 465 ...... 275032 821545 37491 4250 0.8 68569 .... FL TAMPA ...... 13 12 72.3 436 17613 274908 821426 42687 4205 6.6 21808 .... FL TAMPA ...... 3 13 17.1 473 75058 274948 821559 36363 4123 1.2 64588 .... FL TAMPA ...... 28 29 987 475 67821 275032 821545 38497 4186 0 69338 .... FL TAMPA ...... 16 34 475 453 ...... 275052 821548 32898 3939 2 60559 .... FL TAMPA ...... 50 47 500 317 59290 275032 821545 22988 3453 0.3 51988 .... FL TEQUESTA ...... 25 16 1000 454 29425 270717 802342 33467 2807 0.9 71580 .... FL TICE ...... 49 33 1000 429 32880 264708 814741 27350 1275 0.4 16788 .... FL VENICE ...... 62 25 750 472 39529 274910 821539 32426 3786 0.1 59443 .... FL WEST PALM BEACH ...... 5 12 13.4 387 74623 263520 801243 29999 4818 0 52527 .... FL WEST PALM BEACH ...... 12 13 29.5 291 39117 263518 801230 28983 4782 0 61084 .... FL WEST PALM BEACH ...... 42 27 400 440 44609 263437 801432 26429 4992 0 39736 .... FL WEST PALM BEACH ...... 29 28 630 458 38600 263437 801432 31715 5137 0 70713 .... GA ALBANY ...... 10 10 18.2 272 74405 311952 835144 24614 626 1.2 70815 .... GA ALBANY ...... 31 12 60 287 38373 311952 835143 28865 746 0.7 23948 .... GA ATHENS ...... 8 8 15.6 305 74366 334818 840840 24589 4507 0.5 48813 .... GA ATHENS ...... 34 48 1000 310 ...... 334826 842022 27603 4694 0.1 51163 .... GA ATLANTA ...... 11 10 80 303 ...... 334524 841955 34627 4867 0.6 72120 .... GA ATLANTA ...... 46 19 1000 329 ...... 334826 842022 32016 4822 0.1 64033 .... GA ATLANTA ...... 17 20 1000 310 ...... 334826 842022 30474 4766 0.5 4190 ...... GA ATLANTA ...... 30 21 50 334 74839 334535 842007 17636 4101 4.3 22819 .... GA ATLANTA ...... 36 25 500 332 ...... 334826 842022 26868 4612 2 70689 .... GA ATLANTA ...... 5 27 1000 332 ...... 334751 842002 30601 4773 0.6 23960 .... GA ATLANTA ...... 2 39 1000 301 65852 334551 842142 27454 4618 0.1 13206 .... GA ATLANTA ...... 57 41 165 319 ...... 340359 842717 20717 4373 0.5 6900 ...... GA ATLANTA ...... 69 43 1000 335 ...... 334440 842136 29766 4733 0.1 73937 .... GA AUGUSTA ...... 12 12 20.2 485 74489 332429 815036 37025 1357 0.6 70699 .... GA AUGUSTA ...... 26 30 400 483 ...... 332420 815001 34939 1259 0.2 27140 .... GA AUGUSTA ...... 6 42 1000 507 ...... 332420 815001 40539 1454 0 3228 ...... GA AUGUSTA ...... 54 51 37 363 67958 332500 815006 16372 615 0.1 23486 .... GA BAINBRIDGE ...... 49 49 226 597 ...... 304051 835821 34589 873 0 69446 .... GA BAXLEY ...... 34 35 650 454 ...... 320335 812043 36067 827 0 71236 .... GA BRUNSWICK ...... 21 24 500 418 75243 304939 814427 29155 1290 0 23942 .... GA CHATSWORTH ...... 18 33 426 537 32774 344506 844254 27651 2782 1.2 23935 .... GA COCHRAN ...... 29 7 22 369 ...... 322811 831517 32901 784 1.7 595 ...... GA COLUMBUS ...... 9 9 1 503 70342 321925 844646 22410 642 4.7 3359 ...... GA COLUMBUS ...... 3 15 1000 449 ...... 321925 844646 39904 1113 11.5 23918 .... GA COLUMBUS ...... 28 23 250 462 33233 325108 844204 27151 1332 0.1 37179 .... GA COLUMBUS ...... 38 35 50 399 74840 322728 845308 21298 660 0 12472 .... GA COLUMBUS ...... 54 49 500 312 67961 322739 845243 19986 638 2.4 63867 .... GA CORDELE ...... 55 51 200 109 ...... 315335 834818 14405 356 0.3 60825 .... GA DALTON ...... 23 16 300 425 28422 345707 852258 24445 1157 2.7 23930 .... GA DAWSON ...... 25 8 6 313 44505 315615 843315 19618 471 21 46991 .... GA MACON ...... 13 13 30 238 ...... 324510 833332 27301 820 4.2 58262 .... GA MACON ...... 24 16 1000 216 77955 324458 833335 21248 676 0.3 43847 .... GA MACON ...... 41 40 110 189 ...... 324512 833346 15105 538 0 24618 .... GA MACON ...... 64 45 1000 223 60980 324551 833332 19160 655 0.8 68058 .... GA MONROE ...... 63 44 700 303 ...... 334441 842136 25422 4531 0.2 23917 .... GA PELHAM ...... 14 6 3.8 474 74339 304013 835626 30535 844 0 54728 .... GA PERRY ...... 58 32 50 247 74842 324509 833335 15647 553 0 51969 .... GA ROME ...... 14 51 1000 622 32746 341848 843855 35465 5192 0.4 23947 .... GA SAVANNAH ...... 9 9 15.2 320 80230 320848 813705 28965 759 0.3 590 ...... GA SAVANNAH ...... 11 11 14.8 420 74380 320314 812101 28682 752 0 37174 .... GA SAVANNAH ...... 22 22 166 436 74457 320330 812020 25120 667 0 48662 .... GA SAVANNAH ...... 3 39 1000 442 ...... 320331 811755 37667 832 0.1 31590 .... GA THOMASVILLE ...... 6 46 1000 619 ...... 304013 835626 45196 972 0.1 63329 .... GA TOCCOA ...... 32 24 600 209 ...... 343644 832205 20917 1161 1.8 28155 .... GA VALDOSTA ...... 44 43 50 253 40583 311018 832157 13316 328 0 23929 .... GA WAYCROSS ...... 8 8 20 286 ...... 311317 823424 28624 426 5.9 23937 .... GA WRENS ...... 20 6 30 436 74332 331533 821709 25555 782 0 36914 .... HI HILO ...... 9 9 3.2 33 74970 194300 1550813 10655 79 0 4146 ...... HI HILO ...... 11 11 3.35 33 74440 194357 1550404 5336 78 0 64544 .... HI HILO ...... 13 13 3.73 1 74413 194357 1550404 6703 79 0 34846 .... HI HILO ...... 2 22 8 1 44792 194351 1550411 1638 64 0.5 37103 .... HI HILO ...... 14 23 35 33 28420 194300 1550813 7064 78 0 4144 ...... HI HONOLULU ...... 2 8 7.2 1 ...... 211746 1575036 11570 817 0 36917 .... HI HONOLULU ...... 9 9 7 33 74971 211746 1575036 9210 826 0 51241 .... HI HONOLULU ...... 38 10 14.3 577 66350 212345 1580558 26942 812 7.5 26431 .... HI HONOLULU ...... 11 11 3.2 637 74414 212403 1580610 22766 862 0 34527 .... HI HONOLULU ...... 20 19 60.7 606 43104 212351 1580600 16294 788 0 34445 .... HI HONOLULU ...... 5 23 1000 629 74843 212403 1580610 31295 852 0.4 3246 ...... HI HONOLULU ...... 26 27 262 580 45219 212345 1580558 14530 829 0 36846 .... HI HONOLULU ...... 14 31 50 33 28782 211849 1575143 6227 746 0 65395 .... HI HONOLULU ...... 32 33 49.6 1 77218 211849 1575143 5500 751 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54747 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 34867 .... HI HONOLULU ...... 13 35 550 33 74845 211709 1575019 10827 780 0 64548 .... HI HONOLULU ...... 4 40 85 1 68040 211737 1575034 4992 767 1.4 27425 .... HI HONOLULU ...... 44 43 6.46 577 ...... 212345 1580558 14133 764 0 83180 .... HI KAILUA ...... 50 50 50 632 74783 211949 1574524 25899 841 0 664 ...... HI KAILUA KONA...... 6 25 700 871 66907 194316 1555515 42674 64 3.4 77483 .... HI KANEOHE ...... 66 41 297 632 ...... 211949 1574524 37079 778 8.5 4145 ...... HI WAILUKU ...... 7 7 3.69 1809 74519 204241 1561526 44292 146 0 26428 .... HI WAILUKU ...... 10 10 3.2 1811 74479 204240 1561534 41025 131 2.2 64551 .... HI WAILUKU ...... 12 12 3.94 1664 75008 204216 1561635 30905 139 0 34859 .... HI WAILUKU ...... 15 16 50 1723 74846 204234 1561554 27836 135 0 37105 .... HI WAILUKU ...... 21 21 53.1 1298 75029 204058 1561907 28579 146 0 36920 .... HI WAILUKU ...... 3 24 72.4 1814 ...... 204241 1561535 48946 137 9.2 89714 .... HI WAIMANALO ...... 56 38 50 632 74789 211949 1574524 27066 843 0 8661 ...... IA AMES ...... 5 5 3.91 613 74683 414947 933656 43150 987 0 51502 .... IA AMES ...... 23 23 246 613 74753 414947 933656 38510 952 0 82619 .... IA AMES ...... 34 34 50 150 75070 415849 934423 12603 598 0 7841 ...... IA BURLINGTON ...... 26 41 500 388 29888 410808 904830 26895 855 0.4 9719 ...... IA CEDAR RAPIDS...... 9 9 19.2 607 74589 421859 915131 42342 970 0.8 35336 .... IA CEDAR RAPIDS...... 28 27 1000 449 29380 420525 920513 33845 815 0 21156 .... IA CEDAR RAPIDS...... 48 47 500 309 ...... 421717 915254 25135 694 0 25685 .... IA CEDAR RAPIDS...... 2 51 500 585 ...... 421859 915130 38136 900 0.1 29108 .... IA COUNCIL BLUFFS...... 32 33 200 98 ...... 411515 955008 13206 816 0 5471 ...... IA DAVENPORT ...... 36 34 150 102 ...... 412829 902645 12845 542 0.1 6885 ...... IA DAVENPORT ...... 6 36 696 329 ...... 411844 902246 29295 999 0.2 54011 .... IA DAVENPORT ...... 18 49 1000 344 44477 411844 902245 28483 958 0 33710 .... IA DES MOINES...... 8 8 29.4 566 74490 414835 933716 43178 984 1.2 29102 .... IA DES MOINES...... 11 11 19.8 600 75043 414833 933653 43085 983 0.4 66221 .... IA DES MOINES...... 13 13 36.1 609 74427 414947 933656 47702 1038 2.2 56527 .... IA DES MOINES...... 17 16 500 612 39534 414947 933656 40497 974 0 78915 .... IA DES MOINES...... 31 628 589 74639 414947 933656 37868 947 0.1 17625 .... IA DUBUQUE ...... 40 43 800 262 39740 423109 903711 19008 305 0.9 29100 .... IA FORT DODGE...... 21 25 600 363 ...... 424903 942441 31286 337 4.1 29095 .... IA IOWA CITY...... 12 12 17.8 439 75030 414315 912030 35044 1110 0.1 35096 .... IA IOWA CITY...... 20 25 1000 419 39521 414329 912110 33132 1058 1.4 29086 .... IA MASON CITY...... 24 18 500 437 41152 432220 924959 30335 598 0 66402 .... IA MASON CITY...... 3 42 1000 447 ...... 432220 924959 38283 717 1.2 81509 .... IA NEWTON ...... 39 39 116 154 74772 414905 931232 11998 651 0 53820 .... IA OTTUMWA ...... 15 15 50 332 74372 411142 915715 17119 305 0.1 29085 .... IA RED OAK...... 36 35 600 475 32182 412040 951521 30526 932 0.1 11265 .... IA SIOUX CITY...... 9 9 22.3 616 74480 423512 961357 44501 639 1.5 29096 .... IA SIOUX CITY...... 27 28 475 348 ...... 423053 961815 29270 353 0 39665 .... IA SIOUX CITY...... 14 39 1000 611 ...... 423512 961319 45543 662 0 66170 .... IA SIOUX CITY...... 4 41 873 609 ...... 423512 961318 44386 655 0 77451 .... IA SIOUX CITY...... 44 44 914 587 75037 423512 961318 37919 553 0.7 593 ...... IA WATERLOO ...... 7 7 3.2 527 74624 422402 915036 29923 770 1.7 81595 .... IA WATERLOO ...... 22 22 80.9 198 74750 422453 920034 14283 453 0.2 29114 .... IA WATERLOO ...... 32 35 250 584 ...... 421859 915131 35668 869 1 34858 .... ID BOISE ...... 7 7 39.8 785 74994 434516 1160556 42508 556 0 62442 .... ID BOISE ...... 4 21 725 858 66936 434521 1160554 35287 552 0 49760 .... ID BOISE ...... 2 28 978 777 74847 434517 1160553 45215 558 0 35097 .... ID BOISE ...... 39 39 50 534 74773 434423 1160815 10348 464 0 59363 .... ID CALDWELL ...... 9 10 14 818 41421 434518 1160552 30230 551 0 62424 .... ID COEUR D’ALENE ...... 26 45 50 465 74848 474354 1164347 14948 548 0 12284 .... ID FILER ...... 19 18 50 161 74849 424347 1142452 13431 132 0 66258 .... ID IDAHO FALLS...... 8 8 63 463 ...... 433003 1123936 42673 272 0 41238 .... ID IDAHO FALLS...... 20 20 50 223 74745 434544 1115730 14669 165 0 56028 .... ID IDAHO FALLS...... 3 36 200 457 28614 432951 1123950 22981 247 0 56032 .... ID LEWISTON ...... 3 32 200 361 29292 462727 1170556 16016 133 0 62382 .... ID MOSCOW ...... 12 12 78 340 ...... 464054 1165813 35130 238 12.7 28230 .... ID NAMPA ...... 12 12 17 829 ...... 434518 1160552 41395 555 0.2 59255 .... ID NAMPA ...... 6 24 823 811 74850 434520 1160555 45069 558 0 86205 .... ID POCATELLO ...... 15 15 251 327 74733 425150 1123110 16199 216 0 62430 .... ID POCATELLO ...... 10 17 190 465 74851 433002 1123936 29893 260 0 1270 ...... ID POCATELLO ...... 6 23 505 452 28852 425515 1122044 24439 241 0 78910 .... ID POCATELLO ...... 31 31 72.3 447 75065 425515 1122044 12855 207 0.1 81570 .... ID SUN VALLEY...... 5 32 1000 572 74711 432647 1141252 28884 161 0 35200 .... ID TWIN FALLS...... 11 11 16.4 323 74393 424348 1142452 27640 152 0 62427 .... ID TWIN FALLS...... 13 22 50 161 74852 424347 1142452 12892 124 0 1255 ...... ID TWIN FALLS...... 35 34 21.7 152 66302 424342 1142443 7375 99 0 60539 .... IL AURORA ...... 60 50 172 509 74684 415244 873808 23585 9162 1 5875 ...... IL BLOOMINGTON ...... 43 28 1000 293 ...... 403845 891045 30031 1013 0.2 4297 ...... IL CARBONDALE ...... 8 8 14.1 271 74549 380611 891440 25125 737 3.2 25684 .... IL CHAMPAIGN ...... 15 41 950 375 68470 400411 875445 28692 921 7 42124 .... IL CHAMPAIGN ...... 3 48 1000 245 ...... 400621 882700 23439 761 0.3 18301 .... IL CHARLESTON ...... 51 50 255 146 69577 393415 881825 14097 449 0 73226 .... IL CHICAGO ...... 7 7 3.2 515 74590 415244 873810 29082 9389 0.7 9617 ...... IL CHICAGO ...... 2 12 3.2 497 ...... 415244 873808 28938 9367 0.5 72115 .... IL CHICAGO ...... 9 19 645 453 39765 415244 873810 31644 9509 0.5 12279 .... IL CHICAGO ...... 20 21 98.9 378 33366 415356 873723 20833 8983 0.1 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54748 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 71428 .... IL CHICAGO ...... 26 27 160 510 45223 415244 873810 26125 9284 0.1 47905 .... IL CHICAGO ...... 5 29 350 508 31269 415244 873810 32116 9520 0.2 22211 .... IL CHICAGO ...... 32 31 690 475 ...... 415244 873810 37880 9711 0.1 10981 .... IL CHICAGO ...... 38 43 200 509 38347 415244 873808 26028 9256 0.5 70119 .... IL CHICAGO ...... 44 45 467 472 27856 415244 873810 28750 9402 0.2 10802 .... IL CHICAGO ...... 11 47 300 465 33534 415244 873810 27544 9338 0.3 70852 .... IL DECATUR ...... 17 18 350 375 29834 395707 884955 25571 913 0 16363 .... IL DECATUR ...... 23 22 253 401 46084 395656 885012 25397 918 0 57221 .... IL EAST ST. LOUIS ...... 46 47 187 345 74855 382318 902916 19175 2686 0 4689 ...... IL FREEPORT ...... 23 23 50 219 74557 421748 891015 14184 909 6.1 73999 .... IL HARRISBURG ...... 3 34 1000 302 ...... 373650 885220 31461 703 0.1 70536 .... IL JACKSONVILLE ...... 14 15 75 295 ...... 393609 900247 19431 508 1.2 12498 .... IL JOLIET ...... 66 38 137 401 74605 415356 873723 19882 8980 0.2 998 ...... IL LASALLE ...... 35 10 16 403 28403 411651 885613 29036 2834 2.1 70537 .... IL MACOMB ...... 22 21 75 131 ...... 402354 904355 13181 224 0.2 67786 .... IL MARION ...... 27 17 800 213 41637 373326 890124 20778 529 0 5468 ...... IL MOLINE ...... 24 23 80 269 45050 411844 902245 16674 596 0.1 73319 .... IL MOLINE ...... 8 38 1000 334 ...... 411844 902246 30696 927 13.3 40861 .... IL MOUNT VERNON...... 13 21 1000 242 68044 383253 892917 22609 2280 0.6 4301 ...... IL OLNEY ...... 16 19 46 284 ...... 385019 880747 17582 308 0 6866 ...... IL PEORIA ...... 19 19 52.7 160 74550 403911 893514 12050 556 0.8 24801 .... IL PEORIA ...... 25 25 246 212 75203 403746 893253 17471 652 1.7 42121 .... IL PEORIA ...... 31 30 800 193 71928 403806 893219 19343 710 0 52280 .... IL PEORIA ...... 59 39 100 180 ...... 403834 893238 14576 599 0.1 28311 .... IL PEORIA ...... 47 46 190 216 ...... 403744 893412 17264 655 0 54275 .... IL QUINCY ...... 10 10 13.9 238 80231 395703 911954 25734 311 1.3 4593 ...... IL QUINCY ...... 16 32 50 302 74856 395818 911942 17825 236 0 71561 .... IL QUINCY ...... 27 34 58.6 153 ...... 395841 911832 13012 184 1.4 13950 .... IL ROCK ISLAND...... 4 4 3.88 408 74670 413249 902835 33309 983 0 73940 .... IL ROCKFORD ...... 13 13 12.4 216 80211 421750 891424 22246 1487 8.7 72945 .... IL ROCKFORD ...... 17 16 196 201 ...... 421714 891015 18378 1234 0 52408 .... IL ROCKFORD ...... 39 42 1000 149 40572 421726 890951 16227 1101 9.1 42116 .... IL SPRINGFIELD ...... 49 13 5.08 183 74606 394727 893053 19180 552 0.4 25686 .... IL SPRINGFIELD ...... 20 42 950 402 68475 394815 892740 29924 963 1.4 62009 .... IL SPRINGFIELD ...... 55 44 335 416 ...... 394757 892646 28977 881 0 68939 .... IL URBANA ...... 12 9 30 302 ...... 400218 884010 30142 1063 4.8 69544 .... IL URBANA ...... 27 26 507 138 44738 401846 875500 15153 385 0 67787 .... IN ANGOLA ...... 63 12 16.5 132 33342 412715 844810 17294 874 6.2 66536 .... IN BLOOMINGTON ...... 30 14 224 221 43429 390831 862943 17415 1005 0 10253 .... IN BLOOMINGTON ...... 63 27 165 310 ...... 392416 860837 22019 1993 0 68007 .... IN BLOOMINGTON ...... 42 42 391 297 ...... 392412 860850 23254 2054 0.1 56523 .... IN BLOOMINGTON ...... 4 48 870 337 66628 392427 860852 22528 2100 1.8 74007 .... IN ELKHART ...... 28 28 126 299 ...... 413658 861138 20179 1271 2.3 67802 .... IN EVANSVILLE ...... 9 9 30 285 74975 375901 871613 24887 793 1.4 24215 .... IN EVANSVILLE ...... 25 25 50 301 ...... 375157 873404 17960 632 0.4 3661 ...... IN EVANSVILLE ...... 7 28 1000 273 39643 380127 872143 24657 765 0 72041 .... IN EVANSVILLE ...... 44 45 500 288 ...... 375317 873237 23639 730 0.2 13991 .... IN EVANSVILLE ...... 14 46 250 310 ...... 375314 873107 22329 711 0 13960 .... IN FORT WAYNE...... 33 19 285 239 ...... 410538 851036 19941 1027 2.7 73905 .... IN FORT WAYNE...... 21 24 335 224 ...... 410608 851105 20240 1052 0.1 39270 .... IN FORT WAYNE...... 15 31 1000 242 66172 410538 851048 21871 1106 2 25040 .... IN FORT WAYNE...... 55 36 1000 219 77897 410633 851142 19630 1048 0.2 22108 .... IN FORT WAYNE...... 39 40 90 221 ...... 410613 851128 16043 835 0 49803 .... IN GARY ...... 56 17 300 290 46333 412056 872402 17974 6919 0 48772 .... IN GARY ...... 50 51 1000 523 30328 415244 873810 36200 9648 0 32334 .... IN HAMMOND ...... 62 36 50 455 20094 415244 873810 13905 7988 0.2 39269 .... IN INDIANAPOLIS ...... 8 9 19.5 284 ...... 395325 861220 25906 2472 3.7 70162 .... IN INDIANAPOLIS ...... 13 13 15.1 299 80212 395543 861055 26707 2510 0.8 37102 .... IN INDIANAPOLIS ...... 40 16 225 284 28275 395340 861221 19773 2154 0.4 41397 .... IN INDIANAPOLIS ...... 20 21 200 236 33405 395359 861201 16842 1912 0.1 40877 .... IN INDIANAPOLIS ...... 6 25 898 294 ...... 395357 861204 29468 2603 0.1 7908 ...... IN INDIANAPOLIS ...... 69 44 215 167 ...... 395320 861207 14297 1830 3.7 146 ...... IN INDIANAPOLIS ...... 59 45 700 285 ...... 395320 861207 24873 2432 1 56526 .... IN KOKOMO ...... 29 29 624 285 75202 395320 861207 22949 2371 0.5 73204 .... IN LAFAYETTE ...... 18 11 30 214 46110 402320 863646 26854 2022 1.1 28462 .... IN MARION ...... 23 32 1000 271 33152 400856 855615 24181 2240 1.2 3646 ...... IN MUNCIE ...... 49 23 79.1 246 ...... 400537 852332 17374 1494 0.1 67869 .... IN RICHMOND ...... 43 39 500 281 17601 393044 843809 20981 3107 0.7 34167 .... IN SALEM ...... 58 51 1000 390 43303 382100 855057 30937 1759 0.7 73983 .... IN SOUTH BEND...... 22 22 203 325 74481 413700 861301 24469 1519 2.1 41671 .... IN SOUTH BEND...... 34 35 50 333 ...... 413649 861120 18549 1202 1.2 41674 .... IN SOUTH BEND...... 16 42 695 299 ...... 413620 861246 26344 1633 0.8 36117 .... IN SOUTH BEND...... 46 48 300 295 30032 413543 860938 20015 1214 2.2 70655 .... IN TERRE HAUTE...... 10 10 14.2 293 74468 391436 872307 26481 742 2.5 20426 .... IN TERRE HAUTE...... 2 36 1000 248 ...... 391433 872329 24733 706 0.3 65247 .... IN TERRE HAUTE...... 38 39 850 248 ...... 391433 872329 23495 664 0.1 4329 ...... IN VINCENNES ...... 22 22 50 174 74592 383906 872837 11671 268 0.5 65523 .... KS COLBY ...... 4 17 1000 232 ...... 391509 1012109 26138 40 0 162115 .. KS COLBY ...... 19 500 384 67184 391431 1012138 28456 43 0.6 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54749 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 166332 .. KS DERBY ...... 46 570 276 ...... 374801 973129 23316 712 0 79258 .... KS DODGE CITY...... 21 21 8.42 99 ...... 374933 1001040 8571 41 0 66414 .... KS ENSIGN ...... 6 6 20 198 ...... 373828 1002039 35374 155 0 72361 .... KS GARDEN CITY...... 11 11 7.4 244 74394 374640 1005208 23078 136 0 65535 .... KS GARDEN CITY...... 13 13 21.2 250 74415 373900 1004006 26607 139 0.6 66416 .... KS GOODLAND ...... 10 10 34.7 285 74373 392810 1013319 29681 45 0 72359 .... KS GREAT BEND...... 2 22 1000 296 74857 382554 984618 30069 200 0 66415 .... KS HAYS ...... 7 7 10.3 216 74434 385301 992015 23256 93 0 60675 .... KS HAYS ...... 9 16 496 304 43521 384616 984416 26243 116 0.4 83181 .... KS HOISINGTON ...... 14 14 50 163 74728 383754 985052 13887 84 0 33345 .... KS HUTCHINSON ...... 8 8 9.28 244 75009 380321 974635 22260 672 4.1 66413 .... KS HUTCHINSON ...... 12 12 18.5 463 74428 380340 974549 36509 822 0.1 77063 .... KS HUTCHINSON ...... 36 35 1000 310 29560 375623 973042 22741 712 0 60683 .... KS LAKIN ...... 3 8 35 149 64618 374940 1010635 20549 77 7.4 42636 .... KS LAWRENCE ...... 38 41 551 291 74520 385842 943201 19399 1978 0 58552 .... KS PITTSBURG ...... 7 7 4.2 340 ...... 371315 944225 23837 455 0.4 83992 .... KS PITTSBURG ...... 14 13 3.2 163 80187 371315 944222 13434 303 3.2 11912 .... KS SALINA ...... 18 17 65 314 28829 390616 972315 15730 202 0 70938 .... KS TOPEKA ...... 11 11 15.4 305 80233 390351 954549 27177 1122 0.3 166546 .. KS TOPEKA ...... 22 12 3.2 225 80241 390350 954549 13374 420 8.6 63160 .... KS TOPEKA ...... 13 13 18.1 421 75026 390019 960258 33510 674 0.5 67335 .... KS TOPEKA ...... 27 27 50 320 74472 390534 954704 18654 485 0 49397 .... KS TOPEKA ...... 49 49 123 451 75032 390134 955458 19858 519 0 65522 .... KS WICHITA ...... 10 10 24.6 310 74441 374653 973108 30061 743 0.1 11911 .... KS WICHITA ...... 24 26 350 303 43659 374640 973037 21248 704 0 72348 .... KS WICHITA ...... 33 31 1000 345 ...... 374801 973129 31920 747 0.1 72358 .... KS WICHITA ...... 3 45 891 312 ...... 374626 973051 28473 740 0.1 34171 .... KY ASHLAND ...... 25 26 61.3 137 31365 382744 823712 11240 483 0.8 67798 .... KY ASHLAND ...... 61 44 50 189 74858 382511 822406 9527 517 1.8 27696 .... KY BEATTYVILLE ...... 65 7 28 322 ...... 373647 834018 29307 1000 0.8 4692 ...... KY BOWLING GREEN...... 13 13 7.65 226 74498 370352 862607 20962 542 2.1 61217 .... KY BOWLING GREEN...... 40 16 600 224 43547 370210 861020 18291 424 1.5 71861 .... KY BOWLING GREEN...... 24 18 61 177 ...... 370349 862607 14430 362 0.9 34177 .... KY BOWLING GREEN...... 53 48 54.8 234 44491 370522 863805 13561 342 0.1 25173 .... KY CAMPBELLSVILLE ...... 34 19 1000 370 32906 373151 852645 29998 2015 0.6 34204 .... KY COVINGTON ...... 54 24 53.5 117 31523 390150 843023 10320 1949 2.2 64017 .... KY DANVILLE ...... 56 4 26.5 327 64813 375251 841916 36995 1251 0 34181 .... KY ELIZABETHTOWN ...... 23 43 61 178 31543 374055 855031 12210 840 0 37809 .... KY HARLAN ...... 44 51 550 577 ...... 364800 832236 33564 1196 3.3 24915 .... KY HAZARD ...... 57 12 50 398 ...... 371138 831052 32160 793 8 34196 .... KY HAZARD ...... 35 16 53.2 369 31615 371135 831117 16906 377 2.2 24914 .... KY LEXINGTON ...... 27 13 30 282 40363 380223 842410 23929 921 3 73203 .... KY LEXINGTON ...... 18 39 475 286 70206 380203 842339 19494 830 3.5 51597 .... KY LEXINGTON ...... 36 40 69.5 305 74859 380203 842339 17819 810 0.1 34207 .... KY LEXINGTON ...... 46 42 48 252 31539 375245 841933 13467 735 0.3 73692 .... KY LOUISVILLE ...... 21 8 27 200 45865 380159 854517 21952 1500 0.7 32327 .... KY LOUISVILLE ...... 11 11 15.7 370 74625 382123 855052 27238 1613 0.3 21432 .... KY LOUISVILLE ...... 15 17 60.3 237 17602 382201 854954 15178 1350 0 53939 .... KY LOUISVILLE ...... 32 26 600 392 39847 382208 854948 29065 1687 0.1 34195 .... KY LOUISVILLE ...... 68 38 61.6 218 64196 382201 854954 13653 1295 0 13989 .... KY LOUISVILLE ...... 3 47 1000 392 42782 382208 854948 29283 1681 0.1 28476 .... KY LOUISVILLE ...... 41 49 1000 390 29606 382100 855057 32130 1759 0.7 74592 .... KY MADISONVILLE ...... 19 20 1000 216 ...... 372456 873130 23946 744 0.4 34212 .... KY MADISONVILLE ...... 35 42 55.1 298 31621 371121 873049 15780 419 0.1 34202 .... KY MOREHEAD ...... 38 15 51.4 289 31617 381038 832417 16277 340 0.3 23128 .... KY MOREHEAD ...... 67 21 719 428 67075 375426 833801 30369 1018 1.5 34174 .... KY MURRAY ...... 21 36 56.9 187 31619 364134 883211 12682 320 0.6 39738 .... KY NEWPORT ...... 19 29 227 290 19124 390719 843252 17827 2366 12.3 34205 .... KY OWENSBORO ...... 31 30 63.3 124 31660 375107 871944 11399 529 0 34211 .... KY OWENTON ...... 52 44 49.7 214 31662 383131 844839 12714 763 2.4 51991 .... KY PADUCAH ...... 6 32 906 492 ...... 371131 885853 40545 865 0.1 65758 .... KY PADUCAH ...... 29 41 55.7 143 44512 370539 884020 11313 239 0.1 39561 .... KY PADUCAH ...... 49 49 550 324 ...... 372342 885623 26292 631 0.4 34200 .... KY PIKEVILLE ...... 22 24 50.4 423 32103 371706 823128 16779 419 0.6 34222 .... KY SOMERSET ...... 29 14 53.3 429 31822 371003 844930 21530 541 0.2 38590 .... LA ALEXANDRIA ...... 25 26 76 413 64838 313356 923250 20977 324 0 52907 .... LA ALEXANDRIA ...... 31 31 50 333 75022 313354 923300 19028 273 0.1 51598 .... LA ALEXANDRIA ...... 5 35 1000 485 74860 310215 922945 38228 921 2.1 16940 .... LA ALEXANDRIA ...... 41 41 191 307 74775 305420 923717 16245 368 0 589 ...... LA BATON ROUGE...... 9 9 0.36 509 70344 302158 911247 16013 847 1.1 38616 .... LA BATON ROUGE...... 2 13 30 515 36880 301749 911140 34334 1962 8 38586 .... LA BATON ROUGE...... 27 25 200 295 65435 302222 911216 19232 997 0 70021 .... LA BATON ROUGE...... 33 34 1000 522 32895 301934 911636 37256 1695 0.1 12520 .... LA BATON ROUGE...... 44 45 1000 424 29743 301935 911636 30315 1564 0 52046 .... LA COLUMBIA ...... 11 11 17.8 572 74657 320319 921112 41213 677 0.3 83945 .... LA HAMMOND ...... 42 1000 294 58980 295841 895626 25352 1754 0 35059 .... LA LAFAYETTE ...... 10 10 17.2 507 74641 301919 921659 39308 1166 1.9 33261 .... LA LAFAYETTE ...... 15 16 800 359 29847 302144 921253 29700 851 0 38588 .... LA LAFAYETTE ...... 24 23 50 463 32658 301919 921658 21068 658 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54750 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 33471 .... LA LAFAYETTE ...... 3 28 1000 537 75545 301925 921724 42222 1279 0.2 13994 .... LA LAKE CHARLES...... 7 7 17 451 ...... 302346 930003 36541 1017 0 38587 .... LA LAKE CHARLES...... 18 20 55 299 59155 302346 930003 16195 351 0 35852 .... LA LAKE CHARLES...... 29 30 1000 315 17585 301726 933435 25760 730 0 81507 .... LA MINDEN ...... 21 21 1000 502 66613 324108 935600 36243 952 2.4 48975 .... LA MONROE ...... 8 8 17 518 ...... 321150 920414 39190 663 0.3 38589 .... LA MONROE ...... 13 13 21.1 543 74429 321145 920410 38398 679 2.1 82476 .... LA NEW IBERIA...... 50 50 179 303 74784 302032 915832 17747 767 0 4149 ...... LA NEW ORLEANS...... 8 8 14.7 302 75010 295714 895658 28567 1795 0 25090 .... LA NEW ORLEANS...... 12 11 70.8 306 67937 295713 895658 30008 1898 0 54280 .... LA NEW ORLEANS...... 38 15 360 309 69135 295857 895658 27134 1781 0.2 37106 .... LA NEW ORLEANS...... 20 21 300 254 41946 295511 900129 19099 1617 0 72119 .... LA NEW ORLEANS...... 26 26 1000 309 74381 295857 895658 31417 1910 0 18819 .... LA NEW ORLEANS...... 32 31 200 274 31303 295857 895709 17661 1516 0 74192 .... LA NEW ORLEANS...... 4 36 958 311 ...... 295422 900222 30245 1829 0 71357 .... LA NEW ORLEANS...... 6 43 1000 283 74862 295701 895728 28471 1791 0 21729 .... LA NEW ORLEANS...... 49 50 1000 272 44211 295511 900129 21583 1671 0 70482 .... LA SHREVEPORT ...... 12 17 175 518 ...... 324028 935600 33403 943 1.5 38591 .... LA SHREVEPORT ...... 24 25 50 326 74863 324041 935535 19407 591 0 35652 .... LA SHREVEPORT ...... 3 28 1000 543 74864 324108 935600 42940 1075 1.7 12525 .... LA SHREVEPORT ...... 33 34 1000 551 29201 323958 935559 38998 1012 0.1 73706 .... LA SHREVEPORT ...... 45 44 500 505 32870 323957 935558 30463 888 0.1 13938 .... LA SLIDELL ...... 54 24 1000 272 43616 295511 900129 24235 1729 0 3658 ...... LA WEST MONROE...... 14 36 1000 521 ...... 320542 921034 40992 629 9.7 38584 .... LA WEST MONROE...... 39 38 1000 154 ...... 323021 920855 19639 356 0 74419 .... MA ADAMS ...... 19 36 48 631 68110 423814 731008 20520 1724 7.7 72145 .... MA BOSTON ...... 7 7 15.4 306 80205 421840 711300 27184 7035 0.1 72099 .... MA BOSTON ...... 2 19 700 374 ...... 421837 711414 32268 7320 0.4 65684 .... MA BOSTON ...... 5 20 625 390 ...... 421837 711414 30535 7199 2.1 25456 .... MA BOSTON ...... 4 30 825 390 ...... 421837 711414 31712 7274 1.2 6463 ...... MA BOSTON ...... 25 31 1000 341 30342 421812 711308 26108 6911 3.2 7692 ...... MA BOSTON ...... 68 32 300 292 41971 421827 711327 19066 6343 2.3 73982 .... MA BOSTON ...... 38 39 70.8 354 74865 421812 711308 19832 6586 1.1 72098 .... MA BOSTON ...... 44 43 500 391 ...... 421837 711414 28103 7091 0.6 73238 .... MA CAMBRIDGE ...... 56 41 550 345 46190 421812 711308 22764 6870 0.2 41436 .... MA LAWRENCE ...... 62 18 1000 357 67714 421827 711327 28934 6962 2.1 60551 .... MA MARLBOROUGH ...... 66 27 100 334 69136 422302 712937 17821 6431 0.4 3978 ...... MA NEW BEDFORD...... 28 22 350 203 64975 414639 705541 17274 4604 0.9 22591 .... MA NEW BEDFORD...... 6 49 350 284 66255 415154 711715 19160 5455 0.6 23671 .... MA NORWELL ...... 46 10 5 144 ...... 420038 710242 15414 5297 3.4 136751 .. MA PITTSFIELD ...... 51 13 12.6 396 71986 423731 740038 7283 653 27.5 6868 ...... MA SPRINGFIELD ...... 22 11 10 268 65476 420505 724214 16679 2449 12.8 72096 .... MA SPRINGFIELD ...... 57 22 50 306 74672 421430 723854 14133 2074 9.7 25682 .... MA SPRINGFIELD ...... 40 40 380 324 70318 421430 723857 17575 2286 10.6 6476 ...... MA VINEYARD HAVEN...... 58 40 300 153 42283 414120 702049 14774 973 3.7 30577 .... MA WORCESTER ...... 27 29 200 453 ...... 422007 714254 24769 6977 8.9 18783 .... MA WORCESTER ...... 48 47 365 217 40890 421827 711327 15283 5984 0 65942 .... MD ANNAPOLIS ...... 22 42 350 265 74866 390036 763633 19328 6752 2.4 65696 .... MD BALTIMORE ...... 11 11 6.91 312 74686 392005 763903 22401 6953 3.9 25455 .... MD BALTIMORE ...... 13 13 21.4 312 70306 392005 763903 25622 7452 5 65944 .... MD BALTIMORE ...... 67 29 50 250 74867 392701 764637 14260 5285 4.6 59442 .... MD BALTIMORE ...... 2 38 775 305 74593 392005 763903 26023 7730 0.3 7933 ...... MD BALTIMORE ...... 54 40 845 373 46004 392010 763859 26825 7782 0.5 60552 .... MD BALTIMORE ...... 24 41 200 313 66845 391715 764538 17292 6151 5.6 10758 .... MD BALTIMORE ...... 45 46 550 373 46108 392010 763859 22859 7059 5.2 40626 .... MD FREDERICK ...... 62 28 30 159 67466 391537 771844 7313 2448 34.6 25045 .... MD HAGERSTOWN ...... 25 26 575 359 74627 393945 775754 22215 1362 28.7 10259 .... MD HAGERSTOWN ...... 68 39 82.5 394 74528 395331 775802 13861 814 6 65943 .... MD HAGERSTOWN ...... 31 44 209 359 33311 393904 775815 15728 977 4.1 40619 .... MD OAKLAND ...... 36 36 71.7 291 75062 392414 791737 10542 216 6.8 71218 .... MD SALISBURY ...... 16 21 635 279 64847 383017 753837 21695 659 0 40618 .... MD SALISBURY ...... 28 28 76.7 157 ...... 382309 753533 14077 426 0 16455 .... MD SALISBURY ...... 47 47 225 292 75201 383006 754400 18155 579 0.4 39659 .... ME AUGUSTA ...... 10 10 15.3 305 74406 440916 700037 25690 818 1.3 39644 .... ME BANGOR ...... 2 2 2.37 199 74986 444410 684017 19580 334 0 3667 ...... ME BANGOR ...... 7 7 14.5 250 74374 444535 683401 24704 334 0.6 17005 .... ME BANGOR ...... 5 19 465 402 74868 444213 690447 30384 488 1.1 39656 .... ME BIDDEFORD ...... 26 45 50 231 41344 432500 704817 10502 659 5 39649 .... ME CALAIS ...... 13 10 3.5 133 ...... 450145 671925 13040 29 3.4 48408 .... ME LEWISTON ...... 35 35 57.2 241 80218 435106 701940 13589 641 0.4 39648 .... ME ORONO ...... 12 9 15 375 40127 444211 690447 25072 442 5.5 73288 .... ME POLAND SPRING...... 8 8 21.3 586 74574 435044 704543 33555 1358 4.1 25683 .... ME PORTLAND ...... 13 38 1000 491 28274 435528 702928 34527 1169 0 53065 .... ME PORTLAND ...... 51 43 137 254 ...... 435106 701940 14615 619 11 39664 .... ME PORTLAND ...... 6 44 1000 610 74869 435132 704240 34340 1319 1 48305 .... ME PRESQUE ISLE...... 8 8 3.2 333 80189 463305 674836 19268 58 0 39662 .... ME PRESQUE ISLE...... 10 10 16.4 332 74435 463305 674837 25597 66 0.6 83708 .... ME PRESQUE ISLE...... 47 47 50 86 75129 464512 681028 6607 39 0 84088 .... ME WATERVILLE ...... 23 23 213 331 74754 440915 700037 18925 769 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54751 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 67048 .... MI ALPENA ...... 11 11 19.8 202 74982 444211 833126 20697 131 1.9 9917 ...... MI ALPENA ...... 6 24 106 393 ...... 450818 840945 24405 219 1.5 5800 ...... MI ANN ARBOR...... 31 31 106 328 74499 422225 840410 18881 4073 7.1 16530 .... MI BAD AXE...... 35 15 200 309 ...... 433233 833937 23073 1204 6.1 10212 .... MI BATTLE CREEK...... 41 20 270 311 ...... 423415 852807 25083 2119 0.4 71871 .... MI BATTLE CREEK...... 43 44 212 305 ...... 424045 850357 20028 1909 4.7 41221 .... MI BAY CITY...... 5 22 1000 275 67337 432814 835036 26723 1507 4.6 82627 .... MI BAY CITY...... 46 46 50 306 74778 432826 835044 12942 965 0 26994 .... MI CADILLAC ...... 9 9 20.1 497 74551 440812 852033 38645 826 0 9922 ...... MI CADILLAC ...... 27 17 338 393 60511 444453 850408 26844 392 0 25396 .... MI CADILLAC ...... 33 47 500 393 67847 444453 850408 25466 378 0 76001 .... MI CALUMET ...... 5 5 20.5 388 74362 462617 880258 37246 196 0 21254 .... MI CHEBOYGAN ...... 4 35 78 168 58961 453901 842037 11815 82 0 73123 .... MI DETROIT ...... 2 7 11.2 305 74673 422738 831250 24581 5551 2.5 51570 .... MI DETROIT ...... 50 14 50 293 74870 422901 831844 18484 5122 0.1 74211 .... MI DETROIT ...... 20 21 500 324 28693 422653 831023 25252 5597 3 10267 .... MI DETROIT ...... 7 41 1000 305 74871 422815 831500 27193 5767 0.3 16817 .... MI DETROIT ...... 56 43 200 318 ...... 422652 831023 22343 5247 0 72123 .... MI DETROIT ...... 62 44 345 323 ...... 422653 831023 22661 5131 5.6 53114 .... MI DETROIT ...... 4 45 973 281 19013 422858 831219 22741 5397 1.2 6104 ...... MI EAST LANSING...... 23 40 50 296 74628 424208 842451 16787 1481 4.4 9630 ...... MI ESCANABA ...... 3 48 989 327 ...... 460805 865655 29896 159 0 21735 .... MI FLINT ...... 12 12 13.7 287 74521 431348 840335 26526 2103 5.5 21737 .... MI FLINT ...... 66 16 1000 287 28994 431318 840314 23878 2363 1.7 69273 .... MI FLINT ...... 28 28 126 258 74594 425356 832741 17128 4320 0 36838 .... MI GRAND RAPIDS...... 8 7 30 288 ...... 424114 853034 28306 2299 4.5 24784 .... MI GRAND RAPIDS...... 35 11 50 238 64586 425735 855345 25764 1698 3.1 49713 .... MI GRAND RAPIDS...... 13 13 15.1 305 74541 431834 855444 27942 1392 0.1 68433 .... MI GRAND RAPIDS...... 17 19 725 306 43453 424115 853157 22476 1789 6.1 15498 .... MI IRON MOUNTAIN...... 8 8 3.2 190 74452 454910 880235 16892 112 2.6 59281 .... MI ISHPEMING ...... 10 10 4.54 105 74721 462110 875115 11135 84 3.2 29706 .... MI JACKSON ...... 18 34 130 299 39980 422513 843125 18640 1398 2.2 24783 .... MI KALAMAZOO ...... 52 5 10 174 ...... 421823 853925 26295 2246 4.9 74195 .... MI KALAMAZOO ...... 3 8 20 305 74333 423756 853216 28560 2341 1.4 11033 .... MI KALAMAZOO ...... 64 45 420 331 69393 423352 852731 18737 1717 11.8 74420 .... MI LANSING ...... 6 36 663 288 72523 424119 842235 25555 3054 2 74094 .... MI LANSING ...... 47 38 1000 281 29954 422803 843906 20865 1458 0 36533 .... MI LANSING ...... 53 51 900 300 59127 422513 843125 24069 1807 0.2 9913 ...... MI MANISTEE ...... 21 21 50 93 74674 440357 861958 9143 81 4.3 4318 ...... MI MARQUETTE ...... 13 13 15.7 332 74500 462109 875132 29278 183 0.1 81448 .... MI MARQUETTE ...... 19 19 50 248 74742 463614 873715 12597 69 0 21259 .... MI MARQUETTE ...... 6 35 83 262 67896 462011 875056 13760 93 0 455 ...... MI MOUNT CLEMENS...... 38 39 1000 170 32831 423315 825315 16235 4698 1.2 9908 ...... MI MOUNT PLEASANT...... 14 26 226 299 ...... 434511 851240 22581 643 0 67781 .... MI MUSKEGON ...... 54 24 280 281 40886 425725 855407 20561 1480 2.3 6863 ...... MI ONONDAGA ...... 10 10 11.6 299 74659 422633 843421 26535 2284 1.2 72052 .... MI SAGINAW ...... 25 30 193 356 ...... 431301 834317 24557 2414 3.8 67792 .... MI SAGINAW ...... 49 48 1000 287 40887 431318 840314 23991 2035 0.1 59279 .... MI SAULT STE. MARIE ...... 8 8 24 288 74353 460308 840638 23547 98 0.1 26993 .... MI SAULT STE. MARIE ...... 10 10 16.3 370 75038 460349 840608 30785 103 0.1 21253 .... MI TRAVERSE CITY...... 7 7 3.2 230 75044 444636 854102 14835 225 5.4 59280 .... MI TRAVERSE CITY...... 29 29 62.1 393 74491 444453 850408 19503 332 0 9632 ...... MN ALEXANDRIA ...... 7 7 15.6 341 74469 454103 950814 30282 438 0.1 35584 .... MN ALEXANDRIA ...... 42 42 395 358 ...... 454159 951035 27590 404 0.3 71549 .... MN APPLETON ...... 10 10 24.2 364 74492 451003 960002 29007 219 0.4 28510 .... MN AUSTIN ...... 15 20 400 303 ...... 433834 923135 26035 497 0.1 18285 .... MN AUSTIN ...... 6 36 500 295 ...... 433742 930912 25023 484 0.1 49578 .... MN BEMIDJI ...... 9 9 15.4 329 74416 474203 942915 29401 114 2 83714 .... MN BEMIDJI...... 26 26 50 141 74758 472807 944923 12672 72 0 49579 .... MN BRAINERD ...... 22 28 46.8 227 ...... 462521 942742 15201 153 0 82698 .... MN CHISHOLM ...... 11 11 12.2 200 74723 475139 925646 22244 112 2.9 132606 .. MN CROOKSTON ...... 16 105 220 38385 475838 963618 15345 124 0 17726 .... MN DULUTH ...... 8 8 17.4 290 80226 464731 920721 27233 271 1 71338 .... MN DULUTH ...... 10 10 19.4 268 74568 464715 920721 25154 252 0.2 35525 .... MN DULUTH ...... 21 17 1000 299 ...... 464737 920703 30737 294 0.2 166511 .. MN DULUTH ...... 27 27 50 268 80242 464715 920721 13164 204 0.4 4691 ...... MN DULUTH ...... 3 33 381 312 ...... 464721 920650 24856 252 0 71336 .... MN HIBBING ...... 13 13 3.9 211 74522 472253 925715 15849 116 0.2 159007 .. MN HIBBING ...... 31 500 212 59939 472253 925715 16478 118 0 68853 .... MN MANKATO ...... 12 12 17.4 291 74530 435613 942438 26737 345 1.9 68883 .... MN MINNEAPOLIS ...... 9 9 17.9 435 74995 450330 930727 34544 3381 0.6 23079 .... MN MINNEAPOLIS ...... 11 11 24 435 74511 450344 930821 36657 3438 0.1 36395 .... MN MINNEAPOLIS ...... 23 22 1000 410 30005 450344 930821 33367 3310 0 11913 .... MN MINNEAPOLIS ...... 29 29 1000 352 74442 450330 930727 29943 3302 0 9629 ...... MN MINNEAPOLIS ...... 4 32 1000 432 ...... 450344 930821 37736 3468 0 35843 .... MN MINNEAPOLIS ...... 45 45 1000 430 ...... 450345 930821 35610 3421 0 35585 .... MN REDWOOD FALLS...... 43 27 50 167 74875 442903 952927 10112 84 0 35678 .... MN ROCHESTER ...... 10 10 16.8 381 74523 433415 922537 31210 565 0.9 35906 .... MN ROCHESTER ...... 47 46 1000 343 28767 433834 923135 19950 424 0.7 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54752 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 35907 .... MN ST. CLOUD...... 41 40 1000 430 64438 452300 934230 30570 3263 0 68597 .... MN ST. PAUL...... 17 26 63.1 396 74396 450329 930727 19236 3053 0 68594 .... MN ST. PAUL...... 2 34 662 411 75131 450330 930727 30531 3331 0.2 28010 .... MN ST. PAUL...... 5 35 755 433 ...... 450344 930821 35389 3408 0.1 55370 .... MN THIEF RIVER FALLS ...... 10 10 9.7 113 74660 480119 962212 16952 121 0.3 9640 ...... MN WALKER ...... 12 12 14.3 283 74436 465603 942725 26947 214 1.5 71558 .... MN WORTHINGTON ...... 20 15 200 290 33521 435352 955650 19967 290 0 592 ...... MO CAPE GIRARDEAU...... 12 12 4.01 564 74661 372546 893014 32285 689 0.5 19593 .... MO CAPE GIRARDEAU...... 23 22 435 543 66965 372423 893344 31962 691 1 65583 .... MO COLUMBIA ...... 8 8 13.6 242 80227 385316 921548 25229 493 0.5 63164 .... MO COLUMBIA ...... 17 17 50 348 ...... 384629 923322 20656 475 0 4690 ...... MO HANNIBAL ...... 7 7 13.6 271 75011 395822 911954 25163 309 0.1 41110 .... MO JEFFERSON CITY...... 13 12 15.1 308 ...... 384130 920544 27879 590 0.7 48521 .... MO JEFFERSON CITY...... 25 20 1000 293 29933 384215 920521 25334 533 0.2 51101 .... MO JOPLIN ...... 26 25 55 280 ...... 370437 943215 17491 402 0 18283 .... MO JOPLIN ...... 12 43 1000 269 ...... 370437 943215 25261 532 1.6 67766 .... MO JOPLIN ...... 16 46 175 322 ...... 370433 943316 21648 461 0.2 65686 .... MO KANSAS CITY...... 9 9 85 357 74967 390501 943057 34707 2334 0 53843 .... MO KANSAS CITY...... 19 18 55 355 ...... 390459 942849 21206 2033 0 41230 .... MO KANSAS CITY...... 5 24 1000 319 67335 390415 943457 29717 2259 0 64444 .... MO KANSAS CITY...... 29 31 1000 332 ...... 390501 943057 31070 2224 0.2 11291 .... MO KANSAS CITY...... 4 34 1000 344 74877 390420 943545 31293 2286 0.5 59444 .... MO KANSAS CITY...... 41 42 450 276 43791 385842 943201 21585 1987 0 33336 .... MO KANSAS CITY...... 62 47 1000 356 ...... 390526 942818 31520 2174 0 33337 .... MO KANSAS CITY...... 50 51 1000 339 ...... 390120 943049 30240 2158 0 21251 .... MO KIRKSVILLE ...... 3 33 87 290 44120 403147 922629 15915 149 0 166319 .. MO OSAGE BEACH...... 49 49 204 463 80245 374910 924452 23362 524 0 73998 .... MO POPLAR BLUFF...... 15 15 50 184 74417 364804 902706 11945 143 1.2 4326 ...... MO SEDALIA ...... 6 15 322 603 ...... 383736 925203 41154 733 0.1 28496 .... MO SPRINGFIELD ...... 10 10 19.6 573 74595 371308 925656 41152 838 0.3 35630 .... MO SPRINGFIELD ...... 33 19 1000 596 ...... 371308 925656 47590 935 0.1 51102 .... MO SPRINGFIELD ...... 21 23 100 617 ...... 371011 925630 33191 715 0 3659 ...... MO SPRINGFIELD ...... 27 28 1000 493 ...... 371308 925656 41263 844 0.5 36003 .... MO SPRINGFIELD ...... 3 44 1000 622 74878 371011 925630 43697 864 2.3 20427 .... MO ST. JOSEPH...... 2 7 7.45 247 74608 394612 944753 22032 970 0.8 999 ...... MO ST. JOSEPH...... 16 21 1000 316 68463 390120 943049 27013 2118 0 48525 .... MO ST. LOUIS...... 24 14 1000 396 33092 382140 903254 32831 2821 0 70034 .... MO ST. LOUIS...... 4 24 540 335 74644 383147 901758 29120 2842 0 35417 .... MO ST. LOUIS...... 11 26 1000 288 ...... 383424 901930 29590 2841 0 56524 .... MO ST. LOUIS...... 30 31 1000 321 ...... 383450 901945 31023 2858 0 46981 .... MO ST. LOUIS...... 5 35 1000 332 74879 383405 901955 31112 2855 0.1 62182 .... MO ST. LOUIS...... 9 39 991 326 74880 382856 902353 29480 2832 0.1 35693 .... MO ST. LOUIS...... 2 43 1000 337 ...... 383207 902223 30721 2851 0 13995 .... MS BILOXI ...... 13 13 14.1 366 74542 304323 890528 27980 951 4.8 43197 .... MS BILOXI ...... 19 16 150 477 45861 304518 885644 25131 878 16.7 43170 .... MS BOONEVILLE ...... 12 12 5.89 227 74629 344000 884505 20448 418 2.9 43184 .... MS BUDE ...... 17 18 1000 341 ...... 312222 904504 34462 721 0 12477 .... MS COLUMBUS ...... 4 35 1000 610 74881 334506 885240 44448 727 3.9 83735 .... MS COLUMBUS ...... 43 81 204 43679 335031 884148 18843 412 2.6 25236 .... MS GREENVILLE ...... 15 15 330 269 ...... 333926 904218 23434 322 0 43176 .... MS GREENWOOD ...... 23 25 625 317 ...... 332234 903232 28909 387 3.6 43203 .... MS GREENWOOD ...... 6 32 1000 572 68863 332223 903225 34348 442 0.9 53517 .... MS GULFPORT ...... 25 48 300 456 28507 304448 890330 26058 946 14.2 48668 .... MS HATTIESBURG ...... 22 22 140 244 ...... 312420 891413 18687 353 0.1 60830 .... MS HOLLY SPRINGS...... 40 41 500 122 ...... 345920 894113 16080 1279 0.1 83310 .... MS HOUSTON ...... 45 45 537 491 72853 334739 890515 27543 525 0 68542 .... MS JACKSON ...... 3 7 7 393 ...... 321249 902256 28290 725 0.2 48667 .... MS JACKSON ...... 12 12 17.9 464 74596 321426 902415 36477 816 0.4 43168 .... MS JACKSON ...... 29 20 400 482 ...... 321129 902422 36368 826 0.1 49712 .... MS JACKSON ...... 16 21 1000 332 39758 321641 901740 28450 740 2.5 71326 .... MS JACKSON ...... 40 40 981 598 80223 321249 902256 40292 886 0 166512 .. MS JACKSON ...... 51 51 184 384 80213 321426 902415 24384 681 0.7 21250 .... MS LAUREL ...... 7 28 79 128 42804 312712 891705 11124 251 0.1 136749 .. MS MAGEE ...... 34 34 98.7 305 75071 320718 893239 19368 665 2.7 4686 ...... MS MERIDIAN ...... 11 11 6.15 165 75039 321938 884128 18166 254 2.3 73255 .... MS MERIDIAN ...... 24 24 956 170 74996 321940 884131 18636 278 0.1 24314 .... MS MERIDIAN ...... 30 31 1000 183 27899 321940 884131 18932 263 0.4 43169 .... MS MERIDIAN ...... 14 44 880 369 ...... 320818 890536 31834 662 0 43192 .... MS MISSISSIPPI STATE...... 2 10 4.3 349 ...... 332114 890900 24647 370 0.3 16539 .... MS NATCHEZ ...... 48 49 1000 313 38528 314008 914130 24377 340 0 43193 .... MS OXFORD ...... 18 36 225 421 33510 341728 894221 23767 905 2.1 74148 .... MS TUPELO ...... 9 8 9 542 74662 334740 890516 35700 634 3.2 84253 .... MS VICKSBURG ...... 35 35 186 253 70324 321935 903703 14176 526 1 37732 .... MS WEST POINT...... 27 16 450 494 39741 334740 890516 33099 599 0.6 35694 .... MT BILLINGS ...... 2 10 26.1 180 ...... 454601 1082726 21980 155 0 35724 .... MT BILLINGS ...... 8 11 14.5 229 74882 454535 1082714 21681 152 0 5243 ...... MT BILLINGS ...... 6 18 1000 228 ...... 454826 1082025 24478 153 0 43567 .... MT BOZEMAN ...... 9 8 17.9 251 67316 454024 1105202 14163 84 0.3 33756 .... MT BOZEMAN ...... 7 13 18.9 271 67232 454024 1105202 13985 84 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54753 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 35959 .... MT BUTTE ...... 4 5 10.7 588 43752 460027 1122630 43135 183 0 18066 .... MT BUTTE ...... 6 6 11.2 591 80201 460027 1122630 42931 192 0 14674 .... MT BUTTE ...... 18 19 125 585 42948 460024 1122630 15884 65 0 81438 .... MT BUTTE ...... 24 24 50 570 74755 460024 1122630 15762 67 0 24287 .... MT GLENDIVE ...... 5 10 30 152 ...... 470315 1044045 20893 21 1.3 35567 .... MT GREAT FALLS...... 3 7 28.5 150 73758 473209 1111702 19067 89 0 34412 .... MT GREAT FALLS...... 5 8 28.6 180 ...... 473208 1111702 22360 91 0 81331 .... MT GREAT FALLS...... 26 26 50 65 74759 473223 1111706 8905 84 0 13792 .... MT GREAT FALLS...... 16 45 157 300 30029 473626 1112127 16946 90 0 47670 .... MT HARDIN ...... 4 22 1000 248 ...... 454424 1080818 24748 151 0 83689 .... MT HAVRE ...... 9 9 3.2 389 74719 482032 1094341 22474 25 0 5290 ...... MT HELENA ...... 12 12 9.36 697 74375 464935 1114233 26659 152 0 68717 .... MT HELENA ...... 10 29 43.4 697 68037 464935 1114233 14425 139 0 18079 .... MT KALISPELL ...... 9 9 3.2 850 80210 480048 1142155 28213 110 0 84794 .... MT LEWISTOWN ...... 13 13 3.2 636 74726 471046 1093205 25112 16 0.4 5237 ...... MT MILES CITY...... 3 3 1.03 30 74367 462534 1055138 7580 11 0 35455 .... MT MISSOULA ...... 8 7 22.5 654 ...... 470106 1140041 36798 170 0 66611 .... MT MISSOULA ...... 11 11 3.2 631 74999 464809 1135821 18430 132 0 18084 .... MT MISSOULA ...... 13 13 26.7 610 80239 470104 1140047 35664 168 0.1 81348 .... MT MISSOULA ...... 17 17 50 628 74739 464808 1135819 16846 132 0 14675 .... MT MISSOULA ...... 23 23 92.6 618 74525 470110 1140046 18786 150 0 56537 .... NC ASHEVILLE ...... 13 13 29.8 853 70317 352532 824525 37759 2349 2.1 69300 .... NC ASHEVILLE ...... 33 25 185 797 41130 352532 824525 22420 1437 5.8 70149 .... NC ASHEVILLE ...... 62 45 1000 555 ...... 351320 823258 34531 2043 0.1 73152 .... NC BELMONT ...... 46 47 1000 595 ...... 352144 810919 40397 3404 0.6 65074 .... NC BURLINGTON ...... 16 14 95 213 ...... 361454 793921 16777 1712 1.1 69080 .... NC CHAPEL HILL...... 4 25 300 448 69110 355159 791000 26537 2744 0.4 10645 .... NC CHARLOTTE ...... 42 11 2.2 363 ...... 351714 804145 20685 2180 3.7 32326 .... NC CHARLOTTE ...... 36 22 791 577 64697 352049 811015 36939 3096 1.3 30826 .... NC CHARLOTTE ...... 3 23 1000 565 ...... 352151 811113 43975 3599 0.1 49157 .... NC CHARLOTTE ...... 18 27 1000 368 28621 351601 804405 30079 2748 6.1 74070 .... NC CHARLOTTE ...... 9 34 1000 348 ...... 351541 804338 31482 2747 5.7 69124 .... NC CONCORD ...... 58 44 149 422 74886 352130 803637 24194 2537 3.7 8617 ...... NC DURHAM ...... 11 11 19.2 607 74597 354005 783158 40935 2807 4.5 54963 .... NC DURHAM ...... 28 28 225 610 ...... 354028 783140 36204 2685 1.5 69292 .... NC EDENTON ...... 2 20 543 489 ...... 355400 762045 39125 1359 0 21245 .... NC FAYETTEVILLE ...... 62 36 1000 242 36997 345305 790429 20318 985 0.2 16517 .... NC FAYETTEVILLE ...... 40 38 500 509 60837 353044 785841 33401 2898 0.6 50782 .... NC GOLDSBORO ...... 17 17 244 628 70663 354029 783140 32343 2496 7 25544 .... NC GREENSBORO ...... 48 33 700 575 38478 355203 794926 33109 2816 11.6 54452 .... NC GREENSBORO ...... 61 43 105 527 42438 355202 794926 25142 2207 5.7 72064 .... NC GREENSBORO ...... 2 51 1000 569 ...... 355213 795025 41290 3777 5.9 57838 .... NC GREENVILLE ...... 9 10 35 575 ...... 352155 772338 45399 1370 15.8 35582 .... NC GREENVILLE ...... 14 14 50 205 ...... 352644 772208 15450 649 0 69149 .... NC GREENVILLE ...... 25 23 71 331 42548 353310 773606 17438 801 0.1 81508 .... NC GREENVILLE ...... 38 51 90.7 155 74769 352409 772510 13446 594 0.1 65919 .... NC HICKORY ...... 14 40 600 182 67111 354359 811951 11030 776 19.1 72106 .... NC HIGH POINT...... 8 8 15 398 70590 354846 795029 29992 2769 3.7 69444 .... NC JACKSONVILLE ...... 19 19 66.6 561 74418 350618 772015 23999 799 0.4 37971 .... NC JACKSONVILLE ...... 35 34 600 199 41098 343110 772652 18502 568 0 12793 .... NC KANNAPOLIS ...... 64 50 50 348 ...... 351541 804338 18157 2047 2.1 35385 .... NC LEXINGTON ...... 20 19 800 576 ...... 355202 794926 44436 4287 2.1 69114 .... NC LINVILLE ...... 17 17 61.6 546 74613 360347 815033 18558 1085 4.1 69416 .... NC LUMBERTON ...... 31 31 109 319 69624 344750 790242 17329 889 3.6 76324 .... NC MANTEO ...... 4 9 21.3 274 74336 363254 761116 29522 1725 0 37982 .... NC MOREHEAD CITY...... 8 8 9.88 216 74470 345301 763021 20774 299 0 18334 .... NC NEW BERN...... 12 12 22.2 591 80237 350618 772015 42635 1324 2.9 73205 .... NC RALEIGH ...... 22 27 568 610 ...... 354028 783140 41286 2847 2.8 8688 ...... NC RALEIGH ...... 5 48 916 629 69133 354029 783139 41666 2852 0.1 64611 .... NC RALEIGH ...... 50 49 1000 614 ...... 354029 783140 44278 2980 0.1 69397 .... NC ROANOKE RAPIDS...... 36 36 50 368 74543 361728 775010 19141 604 8.4 20590 .... NC ROCKY MOUNT...... 47 15 180 354 36353 360611 781129 22787 1759 0.1 594 ...... NC WASHINGTON ...... 7 32 806 594 74887 352155 772338 44561 1497 1.1 69332 .... NC WILMINGTON ...... 39 29 700 297 ...... 341916 781343 27800 786 2.2 72871 .... NC WILMINGTON ...... 26 30 547 419 67959 340753 781117 27737 750 0.1 48666 .... NC WILMINGTON ...... 6 44 575 280 59015 341916 781343 20378 591 0 12033 .... NC WILMINGTON ...... 3 46 1000 594 74888 340751 781116 44363 1060 0 10133 .... NC WILSON ...... 30 42 873 539 68096 354953 780850 32166 2162 2 414 ...... NC WINSTON-SALEM ...... 45 29 990 576 39890 355203 794926 37521 3484 4.8 53921 .... NC WINSTON-SALEM ...... 12 31 815 572 ...... 362231 802226 37577 2625 4.2 69360 .... NC WINSTON-SALEM ...... 26 32 263 504 74889 362234 802214 22283 1867 6.9 55686 .... ND BISMARCK ...... 12 12 19.1 466 74459 463517 1004826 35655 127 0.3 22121 .... ND BISMARCK ...... 17 16 1000 275 68012 463515 1004820 25005 113 0 53324 .... ND BISMARCK ...... 3 22 97.3 392 18952 463523 1004802 21415 110 0 82611 .... ND BISMARCK ...... 26 26 50 300 74760 463523 1004739 17826 104 0 41427 .... ND BISMARCK ...... 5 31 500 389 73210 463620 1004822 26522 118 0 22124 .... ND DEVILS LAKE...... 8 8 16.2 451 74687 480824 975938 35778 150 0 162016 .. ND DEVILS LAKE...... 25 134 245 66852 480347 992008 18194 39 0 41430 .... ND DICKINSON ...... 7 7 11.3 223 74419 465649 1025917 22461 33 0.9 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54754 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 53329 .... ND DICKINSON ...... 9 9 8.35 246 74437 464334 1025456 22539 36 0 55684 .... ND DICKINSON ...... 2 19 50 217 59817 464335 1025457 13157 28 0 53315 .... ND ELLENDALE ...... 19 20 72.3 163 64873 461756 985156 13632 18 0 53321 .... ND FARGO ...... 13 13 11.4 344 74460 470048 971137 28996 257 0 55372 .... ND FARGO ...... 15 19 1000 379 28940 464029 961340 28028 320 0.1 22129 .... ND FARGO ...... 6 21 1000 356 ...... 470028 971202 34973 345 0 61961 .... ND FARGO ...... 11 44 356 576 73213 472032 971720 31290 314 0 53320 .... ND GRAND FORKS...... 2 15 50 408 74645 480818 975935 20362 116 0 86208 .... ND GRAND FORKS...... 27 27 50 96 74762 475745 970312 11054 108 0 55364 .... ND JAMESTOWN ...... 7 7 13 135 80206 465530 984621 18175 42 0.5 41425 .... ND MINOT ...... 10 10 7.69 207 80232 481256 1011905 21143 75 1.7 55685 .... ND MINOT ...... 13 13 16.1 344 74570 480302 1012029 29701 89 0 22127 .... ND MINOT ...... 14 14 60 216 ...... 480311 1012305 16113 70 0 82615 .... ND MINOT ...... 24 24 50 239 74756 480314 1012603 15862 69 0 53313 .... ND MINOT ...... 6 40 146 249 59853 480302 1012325 15514 70 0 55362 .... ND PEMBINA ...... 12 12 28.7 413 74382 485944 972428 35647 43 0.1 49134 .... ND VALLEY CITY...... 4 38 382 573 73275 471645 972026 32236 317 0 41429 .... ND WILLISTON ...... 8 8 7.21 323 74598 480802 1035136 24857 38 0 55683 .... ND WILLISTON ...... 11 14 50 257 59878 480830 1035334 14655 32 0.5 53318 .... ND WILLISTON ...... 4 51 53.9 248 64823 480830 1035334 12463 31 0 47996 .... NE ALLIANCE ...... 13 13 20.9 469 74471 415024 1030318 33136 89 1.5 47981 .... NE BASSETT ...... 7 7 18.7 453 74383 422005 992901 35064 41 3.3 7894 ...... NE GRAND ISLAND...... 11 11 15.2 308 74493 403520 984810 28343 219 0.3 27220 .... NE GRAND ISLAND...... 17 19 1000 186 28644 404344 983413 18605 195 0 48003 .... NE HASTINGS ...... 5 5 6.78 223 80198 403906 982304 28719 229 0 47987 .... NE HASTINGS ...... 29 28 200 366 39665 404620 980521 22084 179 0.1 21162 .... NE HAYES CENTER...... 6 18 1000 216 74892 403729 1010158 24515 76 0 21160 .... NE KEARNEY ...... 13 36 753 338 74893 403928 985204 30484 227 0 47975 .... NE LEXINGTON ...... 3 26 375 251 32442 402305 992730 19875 107 0 11264 .... NE LINCOLN ...... 8 8 17.8 440 75015 405259 971820 35535 695 2.8 7890 ...... NE LINCOLN ...... 10 10 18.4 454 74987 404808 971046 36426 887 0.4 66589 .... NE LINCOLN ...... 12 12 8.16 253 74553 410818 962719 23231 1145 0.1 84453 .... NE LINCOLN ...... 51 51 200 461 74786 404738 971422 25974 454 0 72362 .... NE MCCOOK ...... 8 12 10.4 218 ...... 394948 1004204 23270 48 0.3 47971 .... NE MERRIMAN ...... 12 12 15.7 328 74407 424038 1014236 26596 27 1.2 47995 .... NE NORFOLK ...... 19 19 53.8 348 74397 421415 971641 16025 214 5.8 49273 .... NE NORTH PLATTE...... 2 2 6.75 192 80195 411213 1004358 27013 67 0 47973 .... NE NORTH PLATTE...... 9 9 15.5 311 74398 410116 1010910 28103 66 0 23277 .... NE OMAHA ...... 15 15 295 475 ...... 410416 961331 34708 1240 0 47974 .... NE OMAHA ...... 26 17 200 117 ...... 411528 960032 15002 836 0 53903 .... NE OMAHA ...... 7 20 700 396 ...... 411832 960133 35092 1220 0 65528 .... NE OMAHA ...... 6 22 1000 398 ...... 411840 960137 37205 1242 0 51491 .... NE OMAHA ...... 42 43 700 475 ...... 410414 961333 36280 1255 0 35190 .... NE OMAHA ...... 3 45 1000 426 ...... 411824 960136 35409 1221 0.3 17683 .... NE SCOTTSBLUFF ...... 4 7 32 475 ...... 415028 1030427 37186 95 3.4 136747 .. NE SCOTTSBLUFF ...... 16 17 91.5 238 74736 415023 1034935 14585 56 0.2 63182 .... NE SCOTTSBLUFF ...... 10 29 1000 256 74894 415958 1033955 23761 74 1.2 21161 .... NE SUPERIOR ...... 4 34 1000 344 74895 400515 975512 31807 185 0.1 48406 .... NH CONCORD ...... 21 33 100 344 42932 431104 711912 16703 2327 3.5 14682 .... NH DERRY ...... 50 35 7.3 191 ...... 424407 712331 8996 3843 2.3 69237 .... NH DURHAM ...... 11 11 15.8 302 80234 431033 711229 26397 4074 0.5 69271 .... NH KEENE ...... 52 49 50 329 74896 430200 722204 11793 404 5 69328 .... NH LITTLETON ...... 49 48 50 390 74897 442114 714423 11253 131 0 73292 .... NH MANCHESTER ...... 9 9 7.11 305 74688 425902 713524 20862 4589 2.6 51864 .... NH MERRIMACK ...... 60 34 80 293 28154 425902 713520 13421 3094 4 9739 ...... NJ ATLANTIC CITY...... 44 200 284 40339 394341 745039 13582 5320 11 23142 .... NJ ATLANTIC CITY...... 62 49 130 296 27898 393753 742112 15516 1908 0.2 7623 ...... NJ BURLINGTON ...... 48 27 160 354 68951 400230 751411 19775 7092 4.5 48481 .... NJ CAMDEN ...... 23 22 197 266 ...... 394341 745039 20659 6862 0 73333 .... NJ LINDEN ...... 47 36 832 408 42433 404454 735910 28648 19697 1.7 48477 .... NJ MONTCLAIR ...... 50 51 200 238 ...... 405153 741203 16560 17216 0.3 48457 .... NJ NEW BRUNSWICK...... 58 8 20.2 212 32754 403717 743015 20833 17069 9.7 18795 .... NJ NEWARK ...... 13 13 3.2 500 74696 404243 740049 25707 19255 1.5 60555 .... NJ NEWARK ...... 68 30 189 321 80192 404522 735912 16609 17182 2.8 43952 .... NJ NEWTON ...... 63 18 1000 250 67170 405153 741203 18520 17260 0 74215 .... NJ PATERSON ...... 41 40 300 421 29858 404454 735910 23316 19038 0.4 74197 .... NJ SECAUCUS ...... 9 38 136 500 74898 404243 740049 26502 19428 0.3 48465 .... NJ TRENTON ...... 52 43 50 271 74899 401700 744120 14075 8748 11.3 60560 .... NJ VINELAND ...... 65 29 225 396 72018 400230 751411 20524 7421 5.7 20818 .... NJ WEST MILFORD...... 66 29 200 167 33869 404718 741519 8192 13959 12.2 61111 .... NJ WILDWOOD ...... 40 36 200 128 ...... 390728 744556 14738 739 0.9 53928 .... NM ALBUQUERQUE ...... 7 7 27.6 1243 74445 351253 1062701 53948 961 0 48575 .... NM ALBUQUERQUE ...... 13 13 7.03 1287 74399 351240 1062657 43540 925 0 1151 ...... NM ALBUQUERQUE ...... 32 17 65.6 1247 58949 351251 1062701 34322 913 0 57220 .... NM ALBUQUERQUE ...... 14 22 303 376 74730 352444 1064332 16156 820 0 993 ...... NM ALBUQUERQUE ...... 23 24 200 1243 ...... 351254 1062702 47308 935 0 35313 .... NM ALBUQUERQUE ...... 4 26 270 1277 ...... 351242 1062658 48914 934 0.1 55528 .... NM ALBUQUERQUE ...... 5 35 250 1287 ...... 351249 1062701 46539 929 0 35084 .... NM ALBUQUERQUE ...... 41 42 321 1262 ...... 351241 1062656 46959 928 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54755 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 55049 .... NM ALBUQUERQUE ...... 50 45 245 1287 41944 351248 1062700 42560 921 0 53908 .... NM CARLSBAD ...... 6 19 912 333 ...... 324738 1041229 32390 153 0.6 83707 .... NM CARLSBAD ...... 25 25 50 134 74757 322609 1041114 11804 51 0 40450 .... NM CLOVIS ...... 12 20 598 204 74900 341134 1031644 21451 87 0 53904 .... NM FARMINGTON ...... 3 8 40 166 ...... 364017 1081352 23531 151 0 35321 .... NM FARMINGTON ...... 12 12 12.7 102 74408 364143 1081314 13056 121 0 27431 .... NM HOBBS ...... 29 29 67.4 159 74400 324328 1030546 13761 81 0 55516 .... NM LAS CRUCES...... 22 23 1000 223 44448 321722 1064149 21045 708 0 36916 .... NM LAS CRUCES...... 48 47 200 134 74901 320230 1062741 8205 693 0 18338 .... NM PORTALES ...... 3 32 82.6 190 ...... 341508 1031420 15679 81 0 62272 .... NM ROSWELL ...... 8 8 20.8 499 74533 332231 1034612 38887 159 0 48556 .... NM ROSWELL ...... 10 10 24.3 610 74558 330320 1034912 43742 187 0.1 84157 .... NM ROSWELL ...... 21 21 164 128 74747 330601 1041515 11510 77 0 53539 .... NM ROSWELL ...... 27 27 50 115 74474 332458 1043359 7382 63 0 84215 .... NM SANTA FE...... 9 0.2 1241 67438 351245 1062658 20827 857 0.8 60793 .... NM SANTA FE...... 11 10 30 608 ...... 354648 1063133 38985 904 1.3 32311 .... NM SANTA FE...... 2 27 255 1278 ...... 351250 1062701 48241 933 0.2 76268 .... NM SANTA FE...... 19 29 245 1289 ...... 351244 1062657 47629 935 0 53911 .... NM SILVER CITY...... 10 10 3.2 485 74976 325146 1081428 22295 59 0.2 85114 .... NM SILVER CITY...... 6 12 3.2 502 74712 325149 1081427 16454 58 0 63845 .... NV ELKO ...... 10 10 3.2 557 ...... 404152 1155413 21628 36 0 86537 .... NV ELY ...... 3 3 1 279 74709 391446 1145536 6317 8 0 86538 .... NV ELY ...... 6 27 1000 270 74713 391553 1145335 13318 8 0 86201 .... NV GOLDFIELD ...... 7 50 50 448 74716 380305 1171330 8739 3 0 35870 .... NV HENDERSON ...... 5 9 86 385 ...... 360026 1150022 29838 1362 0.1 69677 .... NV LAS VEGAS...... 3 2 27.7 384 ...... 360030 1150020 41279 1419 0 35042 .... NV LAS VEGAS...... 8 7 30.1 609 ...... 355644 1150233 33021 1366 0 11683 .... NV LAS VEGAS...... 10 11 105 371 ...... 360027 1150024 30092 1360 0 74100 .... NV LAS VEGAS...... 13 13 16 606 ...... 355643 1150232 27920 1363 0 67089 .... NV LAS VEGAS...... 15 16 1000 571 36067 355646 1150234 24277 1352 0 10179 .... NV LAS VEGAS...... 21 22 630 383 73225 360028 1150024 18735 1351 0 10195 .... NV LAS VEGAS...... 33 29 1000 383 73223 360028 1150024 19334 1351 0 41237 .... NV LAUGHLIN ...... 34 32 1000 607 66737 353907 1141842 27099 1276 0.1 63768 .... NV PARADISE ...... 39 40 200 357 ...... 360036 1150020 14586 1350 0 60307 .... NV RENO ...... 4 7 16.1 879 ...... 391857 1195302 39300 677 3 63331 .... NV RENO ...... 8 9 15.6 893 ...... 391849 1195300 38673 660 3.1 59139 .... NV RENO ...... 2 13 16.1 876 ...... 391857 1195302 38571 678 0.3 10228 .... NV RENO ...... 5 15 50 140 74902 393501 1194752 6245 389 0 19191 .... NV RENO ...... 21 20 53 176 42485 393503 1194751 6065 363 0 51493 .... NV RENO ...... 27 26 1000 894 28095 391847 1195259 36813 577 0.5 48360 .... NV RENO ...... 11 44 1000 836 44000 393523 1195537 19310 403 0 86643 .... NV TONOPAH ...... 9 9 3.2 448 74720 380305 1171330 12823 3 0 63846 .... NV WINNEMUCCA ...... 7 7 3.2 650 ...... 410041 1174559 23032 17 0 11970 .... NY ALBANY ...... 23 7 10 434 ...... 423731 740038 26085 1488 1.1 73363 .... NY ALBANY ...... 13 12 9.1 436 ...... 423731 740038 26438 1477 0.2 74422 .... NY ALBANY ...... 10 26 700 426 67986 423731 740038 27072 1496 1.5 13933 .... NY AMSTERDAM ...... 55 50 450 207 38556 425904 741056 13763 993 0 2325 ...... NY BATAVIA ...... 51 23 445 279 74609 425342 780056 19868 2211 0.5 72623 .... NY BATH ...... 14 14 50 318 74731 421828 771317 15650 468 14.6 23337 .... NY BINGHAMTON ...... 12 7 20.4 342 ...... 420331 755706 27244 1001 1.8 62210 .... NY BINGHAMTON ...... 40 8 7.9 371 70921 420322 755639 21231 750 1.5 11260 .... NY BINGHAMTON ...... 34 34 450 263 70326 420339 755636 16714 635 2.2 74034 .... NY BINGHAMTON ...... 46 42 50 408 ...... 420340 755645 17846 603 1.2 415 ...... NY BUFFALO ...... 29 14 1000 300 76608 430132 785543 20685 1403 1.1 71905 .... NY BUFFALO ...... 23 32 1000 314 ...... 430148 785515 28800 1538 2.1 64547 .... NY BUFFALO ...... 2 33 480 295 ...... 424307 783347 22864 1848 1.2 67784 .... NY BUFFALO ...... 49 34 175 288 78226 430132 785543 12091 1291 1.9 54176 .... NY BUFFALO ...... 7 38 358 433 ...... 423815 783712 29175 1990 0.2 7780 ...... NY BUFFALO ...... 4 39 790 417 ...... 423933 783733 32947 2280 0.1 71928 .... NY BUFFALO ...... 17 43 156 330 74905 430148 785515 21439 1386 0.1 68851 .... NY CARTHAGE ...... 7 7 15.6 203 74512 435715 754345 17022 191 7.9 78908 .... NY CORNING ...... 30 30 50 319 ...... 420829 770439 16043 439 0.6 62219 .... NY CORNING ...... 48 48 50 166 75045 420943 770215 9513 285 1 60653 .... NY ELMIRA ...... 18 18 90 363 70327 420622 765217 16933 606 3.1 71508 .... NY ELMIRA ...... 36 36 50 320 74631 420620 765217 15689 544 0.3 38336 .... NY GARDEN CITY...... 21 21 89.9 111 74455 404719 732709 10930 13638 0.1 34329 .... NY ITHACA ...... 52 20 0.015 1 ...... 422546 762948 382 66 2.6 30303 .... NY JAMESTOWN ...... 26 26 234 463 75000 422336 791344 22922 1548 0.2 74156 .... NY KINGSTON ...... 48 950 378 65356 412918 735656 23706 14181 1.2 1328 ...... NY NEW YORK...... 7 7 3.2 491 74571 404243 740049 26545 19366 0.9 73881 .... NY NEW YORK...... 11 11 3.2 506 80235 404243 740049 26014 19252 1.9 6048 ...... NY NEW YORK...... 25 24 151 310 ...... 404522 735912 20843 18220 1.3 47535 .... NY NEW YORK...... 4 28 164 515 74906 404243 740049 28669 19696 1 73356 .... NY NEW YORK...... 31 31 225 458 74482 404243 740049 20490 17944 5.8 9610 ...... NY NEW YORK...... 2 33 239 482 74646 404243 740049 26765 19217 3.4 22206 .... NY NEW YORK...... 5 44 225 515 74907 404243 740049 27036 19135 3.6 57476 .... NY NORTH POLE...... 5 14 650 845 72521 443132 724858 39057 642 0 62137 .... NY NORWOOD ...... 18 23 40 242 ...... 442929 745127 14994 163 0.1 46755 .... NY PLATTSBURGH ...... 57 38 100 737 66309 444143 735300 26048 413 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54756 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 67993 .... NY POUGHKEEPSIE ...... 54 27 800 358 43683 412920 735653 23834 10810 34.2 73206 .... NY RIVERHEAD ...... 55 47 410 196 72009 405350 725456 14328 4541 1 70041 .... NY ROCHESTER ...... 10 10 5.9 152 74676 430807 773502 17449 1148 0 73371 .... NY ROCHESTER ...... 13 13 5.83 152 74689 430807 773503 17099 1134 0.7 57274 .... NY ROCHESTER ...... 21 16 180 130 68025 430807 773503 12874 1118 0.1 413 ...... NY ROCHESTER ...... 31 28 320 161 66841 430805 773507 13190 1127 0 73964 .... NY ROCHESTER ...... 8 45 1000 122 69994 430807 773502 15154 1146 0.4 77515 .... NY SARANAC LAKE...... 40 40 50 440 74774 440935 742834 11926 38 1.7 73942 .... NY SCHENECTADY ...... 6 6 4.46 426 74544 423731 740038 30364 1567 1.7 73263 .... NY SCHENECTADY ...... 17 34 325 426 ...... 423731 740038 24147 1423 0.8 73264 .... NY SCHENECTADY ...... 45 43 676 413 67289 423731 740038 24332 1399 0.9 60553 .... NY SMITHTOWN ...... 67 23 150 204 39829 405323 725713 13615 4096 15.2 9088 ...... NY SPRINGVILLE ...... 67 7 15.5 411 74575 423814 783711 16571 1369 0.7 64352 .... NY SYRACUSE ...... 56 15 78.2 379 74790 431818 760300 17835 1053 0.8 73113 .... NY SYRACUSE ...... 9 17 105 402 44725 425642 760128 22102 1222 0.1 40758 .... NY SYRACUSE ...... 68 19 621 445 29285 425250 761200 29954 1648 0.3 21252 .... NY SYRACUSE ...... 3 24 210 405 ...... 425642 760707 26452 1367 0.2 53734 .... NY SYRACUSE ...... 24 25 97 393 ...... 425644 760707 22595 1276 0 58725 .... NY SYRACUSE ...... 43 44 680 445 68111 425250 761200 27037 1403 0 74151 .... NY SYRACUSE ...... 5 47 500 290 ...... 425719 760634 22565 1246 0 43424 .... NY UTICA ...... 33 27 688 433 59327 430213 752641 25154 1066 2.1 60654 .... NY UTICA ...... 2 29 708 402 45240 430609 745627 28378 1294 3.3 57837 .... NY UTICA ...... 20 30 50 227 45963 430843 751035 10411 447 8.7 16747 .... NY WATERTOWN ...... 50 21 25 331 44780 435247 754312 15745 186 0 62136 .... NY WATERTOWN ...... 16 41 50 370 74911 435144 754340 18784 234 0.3 70491 .... OH AKRON ...... 23 23 317 296 74690 410353 813459 21976 4065 0.2 72958 .... OH AKRON ...... 55 30 1000 334 66037 412302 814144 16202 3445 0 49421 .... OH AKRON ...... 49 50 180 305 ...... 410458 813802 18680 3641 6.7 49439 .... OH ALLIANCE ...... 45 45 388 223 74576 405423 805439 15811 2304 0 50147 .... OH ATHENS ...... 20 27 250 242 ...... 391852 820859 19485 708 1.9 6568 ...... OH BOWLING GREEN...... 27 27 110 320 ...... 410812 835424 21416 1313 0 50141 .... OH CAMBRIDGE ...... 44 35 310 385 68039 400532 811719 24017 1218 1.1 67893 .... OH CANTON ...... 17 39 200 292 ...... 410320 813538 20718 3970 1 43870 .... OH CANTON ...... 67 47 1000 134 40562 410633 812010 15829 3690 0.1 21158 .... OH CHILLICOTHE ...... 53 46 1000 328 33138 393520 830644 27391 2595 0.2 59438 .... OH CINCINNATI ...... 9 10 15.4 305 75072 390731 842957 27021 3082 0.6 11289 .... OH CINCINNATI ...... 12 12 15.6 305 75016 390658 843005 26165 3013 1.9 11204 .... OH CINCINNATI ...... 64 33 500 337 39190 391201 843122 24978 3100 0 65666 .... OH CINCINNATI ...... 48 34 500 326 32656 390727 843118 24471 3023 0.1 46979 .... OH CINCINNATI ...... 5 35 1000 311 ...... 390727 843118 29790 3176 0.1 73150 .... OH CLEVELAND ...... 8 8 15.7 305 75017 412147 814258 27942 3966 1.5 59441 .... OH CLEVELAND ...... 5 15 1000 311 75073 412227 814306 31477 4147 3.2 73195 .... OH CLEVELAND ...... 3 17 1000 296 72095 412310 814121 30737 4170 0 18753 .... OH CLEVELAND ...... 25 26 100 313 42131 412028 814425 18860 3498 0.1 60556 .... OH CLEVELAND ...... 61 34 525 334 40362 412258 814207 25232 3931 0.3 56549 .... OH COLUMBUS ...... 6 13 59 286 39803 395614 830116 26405 2526 10.4 50781 .... OH COLUMBUS ...... 4 14 902 264 ...... 395816 830140 28164 2467 0.4 71217 .... OH COLUMBUS ...... 10 21 1000 279 ...... 395816 830140 28074 2497 2.6 74137 .... OH COLUMBUS ...... 28 36 1000 271 ...... 395614 830116 25893 2312 1.6 66185 .... OH COLUMBUS ...... 34 38 250 291 ...... 400933 825523 21605 2191 0.4 25067 .... OH DAYTON ...... 16 16 126 320 ...... 394316 841500 21274 3118 2.2 411 ...... OH DAYTON ...... 45 30 425 351 29247 394328 841518 22724 2886 7 41458 .... OH DAYTON ...... 7 41 1000 290 67218 394402 841453 24364 3196 0.5 65690 .... OH DAYTON ...... 2 50 1000 323 ...... 394307 841522 29198 3497 0.3 73155 .... OH DAYTON ...... 22 51 138 351 ...... 394328 841518 21345 3050 1.9 37503 .... OH LIMA ...... 35 8 30 165 36733 404454 840755 23276 1109 8.5 1222 ...... OH LIMA...... 44 47 50 207 75074 404547 841059 14055 556 0.1 8532 ...... OH LORAIN ...... 43 28 200 337 38130 412245 814312 22230 3706 0 41893 .... OH MANSFIELD ...... 68 12 14 180 69497 404550 823704 19484 1109 12.2 11118 .... OH NEWARK ...... 51 24 1000 132 39194 400445 824141 18218 1935 0.2 25065 .... OH OXFORD ...... 14 28 400 268 43343 390719 843252 20730 2781 0 65130 .... OH PORTSMOUTH ...... 30 17 50 237 75075 384542 830341 16947 596 1.5 66190 .... OH PORTSMOUTH ...... 42 43 50 382 ...... 384542 830341 19181 604 8.3 11027 .... OH SANDUSKY ...... 52 42 700 213 41148 412348 824731 18330 1542 0.1 39746 .... OH SHAKER HEIGHTS...... 19 10 3.5 304 19316 412315 814143 18681 3562 1.2 70138 .... OH SPRINGFIELD ...... 26 26 50 291 74421 394328 841518 15181 2003 0.9 74122 .... OH STEUBENVILLE ...... 9 9 8.82 261 74665 402033 803714 21161 2829 0.1 17076 .... OH TOLEDO ...... 40 5 10 155 43356 414441 840106 18262 2235 17.4 13992 .... OH TOLEDO ...... 11 11 13.1 263 74409 414022 832247 22529 2388 0.5 74150 .... OH TOLEDO ...... 13 13 14.6 305 74430 414100 832449 22711 2547 3 66285 .... OH TOLEDO ...... 30 29 50 314 75078 413927 832555 18428 2208 0 19190 .... OH TOLEDO ...... 36 46 110 356 40304 413922 832641 18875 2041 0.8 73354 .... OH TOLEDO ...... 24 49 59 409 42576 414003 832122 18182 1915 0 72062 .... OH YOUNGSTOWN ...... 21 20 460 295 43442 410448 803825 23468 3296 0 4693 ...... OH YOUNGSTOWN ...... 33 36 50 148 ...... 410343 803807 12151 1299 3.1 73153 .... OH YOUNGSTOWN ...... 27 41 700 418 ...... 410324 803844 29686 3817 26.3 61216 .... OH ZANESVILLE ...... 18 40 620 169 ...... 395542 815907 18268 818 1.3 35666 .... OK ADA ...... 10 26 1000 426 ...... 342134 963334 37746 516 1.1 1005 ...... OK BARTLESVILLE ...... 17 17 210 296 74384 363059 954610 20962 949 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54757 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 50194 .... OK CHEYENNE ...... 12 8 30 303 ...... 353536 994002 30003 101 2.9 57431 .... OK CLAREMORE ...... 35 36 144 255 76140 362403 953630 15572 915 0 50198 .... OK EUFAULA ...... 3 31 1000 364 ...... 351101 952019 31355 600 0.1 35645 .... OK LAWTON ...... 7 11 138 327 ...... 341255 984313 40212 446 1.6 78322 .... OK MUSKOGEE ...... 19 20 245 252 80215 354508 954815 20096 1001 0.4 84225 .... OK NORMAN ...... 46 46 50 416 74779 353552 972922 18745 1211 0.1 12508 .... OK OKLAHOMA CITY...... 5 7 34 430 41104 353345 972924 34028 1407 0.1 25382 .... OK OKLAHOMA CITY...... 9 9 19.4 465 74545 353258 972950 36596 1436 0.2 50205 .... OK OKLAHOMA CITY...... 13 13 26.4 465 74494 353552 972922 38899 1455 0 67999 .... OK OKLAHOMA CITY...... 14 15 500 358 ...... 353435 972909 29701 1365 1.1 35388 .... OK OKLAHOMA CITY...... 25 24 1000 476 44126 353258 972918 37403 1448 0 66222 .... OK OKLAHOMA CITY...... 4 27 790 489 ...... 353552 972922 39060 1449 0.7 50170 .... OK OKLAHOMA CITY...... 34 33 1000 458 ...... 353258 972918 39194 1464 0 50182 .... OK OKLAHOMA CITY...... 43 40 55.6 475 74566 353522 972903 23666 1272 0 2566 ...... OK OKLAHOMA CITY...... 62 50 200 483 ...... 353552 972922 28774 1341 0 38214 .... OK OKLAHOMA CITY...... 52 51 1000 458 ...... 353552 972922 36936 1428 0 7078 ...... OK OKMULGEE ...... 44 28 1000 219 19049 355002 960728 20118 978 0.5 77480 .... OK SHAWNEE ...... 30 29 770 474 ...... 353336 972907 38646 1451 0.5 59439 .... OK TULSA ...... 2 8 18.2 558 74648 360115 954032 40080 1293 0.2 35685 .... OK TULSA ...... 8 10 6.9 542 42996 355808 953655 28865 1168 1.7 66195 .... OK TULSA ...... 11 11 22.2 396 74534 360115 954032 33165 1210 0.3 11910 .... OK TULSA ...... 23 22 1000 400 ...... 360136 954044 35867 1235 1 54420 .... OK TULSA ...... 41 42 900 381 ...... 360136 954044 32279 1195 0.2 35434 .... OK TULSA ...... 6 45 840 573 74632 360115 954032 40750 1297 0.7 37099 .... OK TULSA ...... 47 47 50 460 75034 360115 954032 19212 1018 0 24485 .... OK TULSA ...... 53 49 50 182 74912 360234 955711 13058 893 0 86532 .... OK WOODWARD ...... 35 35 50 339 74767 361606 992656 16828 37 0 50588 .... OR BEND ...... 3 11 160 226 ...... 440441 1211957 29073 157 0 55907 .... OR BEND ...... 21 21 53.7 197 74422 440440 1211949 10195 150 0 166534 .. OR BEND ...... 51 84.1 206 75180 440440 1211956 10034 148 0 49750 .... OR COOS BAY...... 11 11 3.2 188 74446 432326 1240746 12943 82 0 35183 .... OR COOS BAY...... 23 22 10 179 44658 432339 1240756 8368 65 0.9 50590 .... OR CORVALLIS ...... 7 7 10.1 375 74546 443825 1231625 24451 1118 9.6 34406 .... OR EUGENE ...... 9 9 12.1 502 75028 440657 1225957 24311 513 0.1 49766 .... OR EUGENE ...... 13 13 30.9 407 74988 440007 1230653 28949 648 7.6 35189 .... OR EUGENE ...... 16 17 70 473 44473 440657 1225957 17731 465 0.1 50591 .... OR EUGENE ...... 28 29 100 403 60215 440007 1230653 15614 477 0 8322 ...... OR EUGENE ...... 34 31 88 372 67996 440004 1230645 13922 460 0 83306 .... OR GRANTS PASS...... 30 30 50 654 74763 422256 1231629 19481 185 0 8284 ...... OR KLAMATH FALLS...... 2 13 9 659 ...... 420548 1213757 29481 84 0.2 60740 .... OR KLAMATH FALLS...... 31 29 50 691 74913 420550 1213759 19200 65 0 61335 .... OR KLAMATH FALLS...... 22 33 50 656 74914 420550 1213759 20779 67 0 50592 .... OR LA GRANDE...... 13 13 31.8 775 74341 451833 1174354 28984 78 3.1 81447 .... OR LA GRANDE...... 16 29 50 773 74737 451835 1174357 20192 42 0 8260 ...... OR MEDFORD ...... 5 5 6.35 823 74385 424149 1231339 49279 483 0 61350 .... OR MEDFORD ...... 8 8 16.9 818 74567 424132 1231345 36640 386 1 22570 .... OR MEDFORD ...... 10 10 11.5 1009 74513 420455 1224307 38336 337 0 60736 .... OR MEDFORD ...... 12 12 16.9 823 74535 424132 1231346 35257 377 2.2 32958 .... OR MEDFORD ...... 26 26 50 428 75001 421754 1224459 11117 216 0 12729 .... OR PENDLETON ...... 11 11 22 472 74974 454451 1180211 30211 316 0 34874 .... OR PORTLAND ...... 8 8 21.9 509 74577 453121 1224446 30424 2379 3.6 50589 .... OR PORTLAND ...... 10 10 32 509 75002 453121 1224445 32672 2474 0.1 50633 .... OR PORTLAND ...... 12 12 21.9 543 74483 453119 1224453 30824 2429 1.2 35380 .... OR PORTLAND ...... 6 40 1000 523 ...... 453058 1224358 30516 2489 0 21649 .... OR PORTLAND ...... 2 43 1000 524 ...... 453057 1224359 30145 2486 0 47707 .... OR PORTLAND ...... 24 45 1000 522 ...... 453058 1224359 29841 2479 0 31437 .... OR ROSEBURG ...... 36 18 50 213 34395 431409 1231916 9672 93 0 61551 .... OR ROSEBURG ...... 4 19 50 274 28609 431408 1231918 9394 89 0 35187 .... OR ROSEBURG ...... 46 45 12 109 44472 431222 1232156 5477 76 0.2 5801 ...... OR SALEM ...... 22 22 1000 490 74337 453121 1224445 31809 2507 0 10192 .... OR SALEM ...... 32 33 750 523 ...... 453058 1224358 30060 2482 0.1 36989 .... PA ALLENTOWN ...... 39 39 50 302 74699 403358 752606 15373 4857 2.5 39884 .... PA ALLENTOWN ...... 69 46 500 314 59122 403352 752624 16547 6539 2.3 20287 .... PA ALTOONA ...... 23 24 1000 311 29784 403406 782638 19812 757 0.8 23341 .... PA ALTOONA ...... 10 32 883 305 70018 403401 782630 22732 817 1.6 13929 .... PA ALTOONA ...... 47 46 50 308 74915 403412 782626 13077 575 0.7 60850 .... PA BETHLEHEM ...... 60 9 3.2 284 59326 403352 752624 15841 5342 8.4 66219 .... PA CLEARFIELD ...... 3 15 810 413 59340 410720 782629 31830 862 1.4 24970 .... PA ERIE ...... 12 12 8.63 305 74599 420352 800019 24248 675 0.7 49711 .... PA ERIE ...... 35 16 200 279 30039 420215 800343 19713 636 0.6 19707 .... PA ERIE ...... 66 22 850 276 65637 420233 800356 14972 581 0 65749 .... PA ERIE ...... 24 24 523 310 70354 420225 800409 20313 702 1.1 53716 .... PA ERIE ...... 54 50 200 271 67971 420234 800356 18066 531 3.5 13924 .... PA GREENSBURG ...... 40 50 362 264 44438 402334 794654 16084 2634 2.8 72326 .... PA HARRISBURG ...... 27 10 14 346 40451 401857 765702 22372 2185 0.6 72313 .... PA HARRISBURG ...... 21 21 500 372 70325 402043 765209 22848 2357 4.6 73083 .... PA HARRISBURG ...... 33 36 50 427 74916 402045 765206 16831 1972 8.6 73375 .... PA HAZLETON ...... 56 45 420 488 ...... 411100 755210 26172 1848 17.9 69880 .... PA JEANNETTE ...... 19 49 233 325 74484 401051 790946 19207 2016 19.9 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54758 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 20295 .... PA JOHNSTOWN ...... 8 8 6.5 352 70335 401053 790905 20947 2534 0.8 73120 .... PA JOHNSTOWN ...... 6 34 1000 386 65822 402217 785856 24695 1984 3 53930 .... PA LANCASTER ...... 8 8 13.4 393 74678 400204 763708 23713 3313 2.5 23338 .... PA LANCASTER ...... 15 23 500 381 41227 401545 762751 25174 3340 1.1 8616 ...... PA PHILADELPHIA ...... 6 6 6.22 332 80202 400239 751426 32281 10186 0.2 73879 .... PA PHILADELPHIA ...... 17 17 237 354 74615 400230 751411 24810 8188 0 25453 .... PA PHILADELPHIA ...... 3 26 770 375 ...... 400233 751433 31614 10075 1.6 12499 .... PA PHILADELPHIA ...... 57 32 250 400 44229 400230 751411 22512 7859 3.6 63153 .... PA PHILADELPHIA ...... 10 34 325 377 71122 400230 751411 27178 8934 1.6 28480 .... PA PHILADELPHIA ...... 35 35 358 377 71123 400230 751411 25390 8573 4.3 51568 .... PA PHILADELPHIA ...... 29 42 273 347 74917 400226 751420 22077 7633 8.6 41315 .... PA PITTSBURGH ...... 13 13 12.6 210 80240 402646 795751 21749 2933 1.3 25454 .... PA PITTSBURGH ...... 2 25 1000 311 ...... 402938 800109 29482 3587 0.1 41314 .... PA PITTSBURGH ...... 16 38 64.1 215 74997 402646 795751 14493 2602 0.2 73907 .... PA PITTSBURGH ...... 22 42 1000 315 43259 402943 800017 22255 2996 3.9 73875 .... PA PITTSBURGH ...... 53 43 1000 303 45946 402943 800018 23931 3093 0 73910 .... PA PITTSBURGH ...... 11 48 1000 289 ...... 402748 800016 24863 3239 0.6 65681 .... PA PITTSBURGH ...... 4 51 1000 273 40377 401649 794811 20794 2868 0.6 55305 .... PA READING ...... 51 25 900 395 67694 401952 754141 20961 5185 35.2 55350 .... PA RED LION...... 49 30 50 177 74918 395418 763500 11529 1959 17.2 17010 .... PA SCRANTON ...... 22 13 30 471 ...... 411058 755226 32173 2482 5.9 64690 .... PA SCRANTON ...... 64 32 528 354 59210 412606 754335 20285 1051 5.2 73374 .... PA SCRANTON ...... 38 38 57.6 385 75018 412609 754345 15550 899 3.7 47929 .... PA SCRANTON ...... 44 41 200 487 ...... 411055 755217 23850 1905 2.3 73318 .... PA SCRANTON ...... 16 49 100 506 ...... 411100 755210 21352 1725 0.9 71225 .... PA WILKES-BARRE ...... 28 11 30 471 ...... 411058 755226 32646 2524 5.2 52075 .... PA WILLIAMSPORT ...... 53 29 200 223 17599 411157 770739 12694 325 2.2 10213 .... PA YORK ...... 43 47 933 385 45937 400141 763600 22841 3255 26.3 50063 .... RI BLOCK ISLAND...... 69 17 1000 228 67093 412941 714706 21896 2966 4 73311 .... RI PROVIDENCE ...... 64 12 11.5 295 74616 415214 711745 21844 5899 0.8 47404 .... RI PROVIDENCE ...... 12 13 18 305 ...... 415236 711657 28045 6539 0.8 56092 .... RI PROVIDENCE ...... 36 21 50 268 65226 415154 711715 11209 2916 34.3 50780 .... RI PROVIDENCE ...... 10 51 1000 305 74926 415154 711715 27224 6489 0.4 61003 .... SC ALLENDALE ...... 14 33 427 241 67765 331115 812350 15210 603 0 56548 .... SC ANDERSON ...... 40 14 310 311 30073 343851 821613 22074 1365 0 61007 .... SC BEAUFORT ...... 16 44 440 365 70516 324242 804054 19925 835 0 61005 .... SC CHARLESTON ...... 7 7 12 562 70358 325528 794158 31487 849 0 416 ...... SC CHARLESTON ...... 24 24 283 583 74554 325624 794145 30857 818 0 21536 .... SC CHARLESTON ...... 4 34 630 522 43263 325528 794158 32715 848 0 9015 ...... SC CHARLESTON ...... 36 36 50 583 74514 325624 794145 21692 657 0 71297 .... SC CHARLESTON ...... 5 47 1000 521 45846 325528 794158 33547 866 0.3 10587 .... SC CHARLESTON ...... 2 50 1000 581 66300 325624 794145 35154 925 0 60963 .... SC COLUMBIA ...... 25 8 43.7 529 34078 340658 804551 40798 1724 9.5 13990 .... SC COLUMBIA ...... 10 10 18.1 462 74559 340729 804523 32006 1450 1.8 37176 .... SC COLUMBIA ...... 19 17 1000 500 43474 340549 804551 33240 1341 6.5 61013 .... SC COLUMBIA ...... 35 32 65 314 ...... 340706 805613 18946 969 0 136750 .. SC COLUMBIA ...... 47 47 50 192 74780 340238 805951 5835 584 16.7 19199 .... SC COLUMBIA ...... 57 48 520 464 43955 340658 804551 27312 1158 1.4 61004 .... SC CONWAY ...... 23 9 20 230 ...... 335658 790631 27745 778 0 66407 .... SC FLORENCE ...... 13 13 18.3 541 74650 342204 791921 40668 1577 1 17012 .... SC FLORENCE ...... 15 16 421 602 ...... 342153 791949 42129 1611 1.2 3133 ...... SC FLORENCE ...... 21 21 384 581 74438 342153 791949 32643 1311 0.1 61008 .... SC FLORENCE ...... 33 45 45 242 ...... 341648 794435 14727 495 0.2 82494 .... SC GEORGETOWN ...... 38 500 171 66448 335012 785111 14797 379 2 61010 .... SC GREENVILLE ...... 29 9 65 378 64722 345629 822438 30476 1753 0.1 9064 ...... SC GREENVILLE ...... 16 16 98.4 337 ...... 345626 822441 20693 1507 0.5 72300 .... SC GREENVILLE ...... 21 21 496 744 70350 351056 824056 32127 1918 0.9 53905 .... SC GREENVILLE ...... 4 36 664 577 74692 350643 823624 35642 2008 0.2 60931 .... SC GREENWOOD ...... 38 18 49 230 ...... 342219 821005 15770 1009 0.7 27245 .... SC HARDEEVILLE ...... 28 28 1000 455 75003 320245 812027 34454 819 0 9054 ...... SC MYRTLE BEACH...... 43 18 1000 459 39594 341119 791100 36913 1343 0.9 83969 .... SC MYRTLE BEACH...... 32 32 165 186 77954 334350 790432 13305 334 0 61009 .... SC ROCK HILL...... 30 15 403 212 67767 345023 810107 15304 1610 0.2 20624 .... SC ROCK HILL...... 55 39 200 595 ...... 352144 810919 30125 2793 2.7 66391 .... SC SPARTANBURG ...... 7 7 20.5 657 74611 351012 821727 40644 2745 0.4 61011 .... SC SPARTANBURG ...... 49 43 50 302 ...... 345311 814916 16629 1263 4 61012 .... SC SUMTER ...... 27 28 98.4 364 ...... 335251 801615 22690 1018 0.4 40902 .... SC SUMTER ...... 63 39 500 391 66995 340658 804551 23915 1157 7.1 48659 .... SD ABERDEEN ...... 9 9 19.4 427 74475 450632 975330 32920 127 2.8 61064 .... SD ABERDEEN ...... 16 17 50 357 74927 452955 974035 21097 80 0 61067 .... SD BROOKINGS ...... 8 8 9.16 230 70586 442016 971342 19513 123 4.1 61071 .... SD EAGLE BUTTE...... 13 13 21.9 518 74989 450320 1021540 37160 18 3 41975 .... SD FLORENCE ...... 3 3 3.7 241 74334 445753 973450 25730 122 0 28501 .... SD HURON ...... 12 12 11.8 217 74456 441139 981905 19995 64 1.5 17686 .... SD LEAD ...... 11 10 34.8 576 ...... 441936 1035012 44028 162 0 34348 .... SD LEAD ...... 5 29 1000 564 74928 441930 1035014 39408 160 1.3 61063 .... SD LOWRY ...... 11 11 10.6 317 74386 451634 995903 27187 27 0.7 61062 .... SD MARTIN ...... 8 8 12.9 265 74461 432606 1013314 24925 28 0 55375 .... SD MITCHELL ...... 5 26 1000 315 ...... 434533 982444 31314 100 0 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54759 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 61066 .... SD PIERRE ...... 10 10 21.4 488 74447 435755 993556 37734 62 1.3 48660 .... SD PIERRE ...... 4 19 61 347 44050 440307 1000503 17986 32 0 17688 .... SD RAPID CITY...... 3 2 7.1 185 39981 440407 1031503 21008 131 0 34347 .... SD RAPID CITY...... 7 7 12.3 204 80208 440400 1031501 19308 129 1 41969 .... SD RAPID CITY...... 15 16 150 154 68112 440413 1031501 14080 118 0 81464 .... SD RAPID CITY...... 21 21 50 211 74748 440533 1031453 14030 121 0 61068 .... SD RAPID CITY...... 9 26 76.3 202 74931 440307 1031436 13945 117 0 41964 .... SD RELIANCE ...... 6 13 40 318 45870 435757 993611 27299 49 6.6 28521 .... SD SIOUX FALLS...... 17 7 65 126 29257 432920 964540 21044 318 2.5 41983 .... SD SIOUX FALLS...... 11 11 24.1 589 74495 433107 963205 41072 530 2 48658 .... SD SIOUX FALLS...... 13 13 22.7 610 75012 433107 963205 41131 542 6.5 60728 .... SD SIOUX FALLS...... 23 24 29 75 ...... 433428 963919 9342 217 0 29121 .... SD SIOUX FALLS...... 36 36 152 209 ...... 433019 963419 16927 287 0 55379 .... SD SIOUX FALLS...... 46 47 1000 608 ...... 433018 963322 43736 577 0 61072 .... SD VERMILLION ...... 2 34 236 204 ...... 430301 964701 17956 395 1.4 22590 .... TN CHATTANOOGA ...... 9 9 10.7 317 74516 350941 851903 21458 1022 4.4 54385 .... TN CHATTANOOGA ...... 12 12 20.3 376 74582 350806 851925 25744 1171 1.8 59137 .... TN CHATTANOOGA ...... 3 13 34.8 335 39987 350940 851851 22387 1068 3.3 65667 .... TN CHATTANOOGA ...... 45 29 200 336 ...... 351226 851652 20169 974 1.1 71353 .... TN CHATTANOOGA ...... 61 40 84 350 68567 351234 851639 15882 880 0.3 72060 .... TN CLEVELAND ...... 53 42 500 333 67273 351234 851639 21132 1017 0.3 69479 .... TN COOKEVILLE ...... 22 22 50 425 74600 361026 852037 20631 418 4.5 28468 .... TN COOKEVILLE ...... 28 36 733 429 64292 361604 864744 28993 1833 0.5 72971 .... TN CROSSVILLE ...... 20 20 189 719 75046 360633 842017 33281 1435 0.8 40761 .... TN GREENEVILLE ...... 39 38 1000 795 59933 360124 824256 33197 1840 0.2 60820 .... TN HENDERSONVILLE ...... 50 51 264 417 62261 361603 864744 23496 1687 1.5 68519 .... TN JACKSON ...... 16 39 392 296 ...... 354722 890614 23937 609 0 65204 .... TN JACKSON ...... 7 43 920 323 74935 353815 884132 29064 630 0.5 52628 .... TN JELLICO ...... 54 23 18 608 29572 361153 841351 18076 1024 0.6 57826 .... TN JOHNSON CITY...... 11 11 23 692 74679 362555 820815 33619 1273 5.9 27504 .... TN KINGSPORT ...... 19 19 167 699 75004 362552 820817 19914 813 2.5 83931 .... TN KNOXVILLE ...... 7 55 382 66337 360036 835557 27676 1275 2.7 46984 .... TN KNOXVILLE ...... 10 10 24.7 530 75019 360013 835635 32937 1395 3.2 18267 .... TN KNOXVILLE ...... 15 17 100 551 ...... 355944 835723 25564 1229 0.4 71082 .... TN KNOXVILLE ...... 6 26 930 529 ...... 360013 835634 34036 1441 1.7 35908 .... TN KNOXVILLE ...... 8 30 398 551 ...... 355944 835723 29948 1352 0.8 19200 .... TN KNOXVILLE ...... 43 34 460 529 ...... 360013 835634 29596 1344 0.2 7651 ...... TN LEBANON ...... 66 44 50 161 74936 360913 862246 9894 1179 0 71645 .... TN LEXINGTON ...... 11 47 1000 195 74937 354212 883610 20726 465 0 19184 .... TN MEMPHIS ...... 5 5 1.46 338 74601 351633 894638 24916 1412 0.6 85102 .... TN MEMPHIS ...... 10 3.2 306 74651 350916 894920 18964 1299 0.2 12521 .... TN MEMPHIS ...... 13 13 12.9 308 75055 351028 895041 26715 1453 0.6 81692 .... TN MEMPHIS ...... 14 23 255 379 80188 352803 901127 19956 1415 0.1 11907 .... TN MEMPHIS ...... 24 25 1000 340 ...... 351633 894638 32105 1643 1.3 66174 .... TN MEMPHIS ...... 3 28 1000 305 74938 351052 894956 30178 1518 0.3 42061 .... TN MEMPHIS ...... 10 29 835 320 ...... 350916 894920 30623 1534 0 68518 .... TN MEMPHIS ...... 30 31 871 340 ...... 351633 894638 31598 1615 0.2 21726 .... TN MEMPHIS ...... 50 51 1000 298 ...... 351241 894854 27402 1452 0.1 11117 .... TN MURFREESBORO ...... 39 38 1000 250 32815 360458 862552 20770 1547 0.1 36504 .... TN NASHVILLE ...... 5 5 10.3 425 80199 361605 864716 39572 2091 0.1 41398 .... TN NASHVILLE ...... 8 8 17.6 411 74578 360250 864949 31980 1855 1.7 41232 .... TN NASHVILLE ...... 4 10 39.7 434 74939 360827 865156 37842 2019 0.7 418 ...... TN NASHVILLE ...... 17 15 1000 411 39931 361550 864739 31670 1874 3 9971 ...... TN NASHVILLE ...... 30 21 1000 413 39919 361550 864739 31591 1916 0.9 73310 .... TN NASHVILLE ...... 58 23 350 367 65623 361550 864739 25194 1708 0.1 73188 .... TN NASHVILLE ...... 2 27 946 411 ...... 360250 864949 36057 2007 0.1 18252 .... TN SNEEDVILLE ...... 2 41 445 567 ...... 362252 831049 30546 1678 1.1 81750 .... TN TAZEWELL ...... 48 48 193 431 74781 361530 833743 16166 1003 0.3 62293 .... TX ABILENE ...... 15 15 165 298 74734 321631 993523 18689 215 2.4 59988 .... TX ABILENE ...... 32 24 1000 258 ...... 321638 993551 27447 268 0 306 ...... TX ABILENE ...... 9 29 1000 258 77885 321638 993551 22366 226 0 60537 .... TX ALVIN ...... 67 36 1000 579 43470 293415 953037 41745 4843 0 40446 .... TX AMARILLO ...... 7 7 21.9 518 74462 352229 1015258 39374 350 0 1236 ...... TX AMARILLO ...... 2 8 5 519 ...... 352230 1015256 29273 314 5.6 51466 .... TX AMARILLO ...... 10 10 20.8 466 ...... 351734 1015042 37002 347 0.1 33722 .... TX AMARILLO ...... 14 15 925 464 ...... 352033 1014921 40775 356 0.1 8523 ...... TX AMARILLO ...... 4 19 400 455 ...... 352033 1014921 34791 341 0 68834 .... TX ARLINGTON ...... 68 42 1000 368 60704 323525 965823 26621 5223 0.9 35649 .... TX AUSTIN ...... 7 7 15.9 384 74653 301836 974733 31188 1835 0 35920 .... TX AUSTIN ...... 36 21 700 396 ...... 301933 974758 34107 1900 1.6 8564 ...... TX AUSTIN ...... 18 22 700 358 ...... 301919 974812 33104 1897 0.1 35867 .... TX AUSTIN ...... 24 33 1000 376 ...... 301918 974811 33409 1874 3 33691 .... TX AUSTIN ...... 42 43 1000 395 60307 301918 974811 31315 1837 2.1 144 ...... TX AUSTIN ...... 54 49 500 396 28952 301933 974758 26233 1589 3.2 70492 .... TX BAYTOWN ...... 57 41 1000 596 38691 293415 953037 40536 4831 0 10150 .... TX BEAUMONT ...... 12 12 12.9 292 75047 301124 935315 27428 707 0 22589 .... TX BEAUMONT ...... 6 21 50 254 44573 300824 935844 14995 489 0 12896 .... TX BEAUMONT ...... 34 33 500 312 29808 301041 935426 23659 661 0 9754 ...... TX BELTON ...... 46 46 232 360 74537 305908 973751 22126 1398 5.6 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54760 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 42008 .... TX BIG SPRING...... 4 33 174 83 66027 321655 1012934 10867 96 0 125710 .. TX BLANCO ...... 17 18 224 204 75128 294148 983045 16790 1769 0 83715 .... TX BORGER ...... 31 700 306 66220 352033 1014920 23168 314 0 12523 .... TX BROWNSVILLE ...... 23 24 1000 445 39305 260601 975020 35542 959 0 60384 .... TX BRYAN ...... 28 28 50 220 75013 304118 962535 12801 270 0 6669 ...... TX BRYAN ...... 3 50 1000 477 43579 303316 960151 36945 2953 0 65301 .... TX COLLEGE STATION...... 15 12 3.2 119 74940 303748 962033 13045 278 4.9 58835 .... TX CONROE ...... 49 32 1000 555 74342 293415 953037 38783 4814 0 28324 .... TX CONROE ...... 55 42 1000 597 43288 293344 953035 39190 4840 0 10188 .... TX CORPUS CHRISTI...... 3 8 160 269 65123 273930 973604 36835 541 0.1 33079 .... TX CORPUS CHRISTI...... 10 10 14.3 287 74423 274650 973803 27676 539 0 25559 .... TX CORPUS CHRISTI...... 6 13 46.1 240 71769 274429 973609 24373 527 1.8 58408 .... TX CORPUS CHRISTI...... 16 23 200 273 31667 273920 973355 18472 500 0 64877 .... TX CORPUS CHRISTI...... 28 27 1000 287 38420 274227 973759 26335 536 0 82910 .... TX CORPUS CHRISTI...... 38 38 50 280 74770 274522 973625 12804 476 0 72054 .... TX DALLAS ...... 8 8 21.5 512 74356 323506 965841 39164 5431 0.5 49324 .... TX DALLAS ...... 13 14 475 500 ...... 323443 965712 39475 5462 0 22201 .... TX DALLAS ...... 33 32 780 537 36873 323235 965732 36512 5404 0 33770 .... TX DALLAS ...... 4 35 1000 511 74941 323506 965841 41095 5492 0 17037 .... TX DALLAS ...... 27 36 1000 495 29430 323236 965732 37393 5405 0.1 35994 .... TX DALLAS ...... 39 40 1000 494 ...... 323507 965806 40034 5463 0.1 67910 .... TX DALLAS ...... 58 45 1000 494 65026 323236 965732 33987 5352 0 73701 .... TX DECATUR ...... 29 30 1000 544 65411 323519 965805 37279 5435 0 55762 .... TX DEL RIO...... 10 28 1000 100 ...... 292039 1005139 17248 56 0 49326 .... TX DENTON ...... 2 43 1000 494 64993 323235 965732 33538 5346 0 32621 .... TX EAGLE PASS...... 16 18 50 85 36900 284332 1002835 17853 68 0 49832 .... TX EL PASO...... 7 7 38.1 574 74410 314818 1062858 42990 854 0 67760 .... TX EL PASO...... 9 9 24 582 74401 314818 1062857 39562 854 0 19117 .... TX EL PASO...... 13 13 24.4 265 74485 314715 1062847 22908 849 0 33716 .... TX EL PASO...... 14 15 1000 602 68879 314855 1062920 39112 857 0 33764 .... TX EL PASO...... 4 18 1000 475 74942 314746 1062857 35035 851 0 51708 .... TX EL PASO...... 26 25 1000 439 36510 314746 1062857 28858 851 0 10202 .... TX EL PASO...... 38 39 50 557 74943 314855 1062917 18504 851 0 68753 .... TX EL PASO...... 65 51 70 525 29633 314818 1062859 16890 846 0 81445 .... TX FARWELL ...... 18 18 50 112 74740 342621 1031222 9122 77 0 29015 .... TX FORT WORTH...... 52 9 6.87 545 75052 323519 965805 25183 5229 1.5 23422 .... TX FORT WORTH...... 11 11 26.3 500 74431 323443 965712 38000 5412 1.3 51517 .... TX FORT WORTH...... 21 18 220 535 19052 323235 965732 28958 5279 0.4 49330 .... TX FORT WORTH...... 5 41 1000 514 74944 323515 965759 40533 5475 0 24316 .... TX FREDERICKSBURG ...... 2 5 10.2 413 74707 300813 983635 38961 2966 0 24436 .... TX GALVESTON ...... 22 23 247 566 ...... 291756 951411 35208 4479 2.3 64984 .... TX GALVESTON ...... 47 48 1000 597 43454 293415 953037 39815 4836 0 35841 .... TX GARLAND ...... 23 23 186 518 ...... 323521 965812 33002 5332 0 42359 .... TX GREENVILLE ...... 47 46 600 496 60867 323236 965732 30628 5313 0.1 34457 .... TX HARLINGEN ...... 4 31 1000 368 44581 260856 974918 26278 949 0 12913 .... TX HARLINGEN ...... 44 34 200 283 65860 261300 974648 18751 925 0 56079 .... TX HARLINGEN ...... 60 38 1000 346 46306 260714 974918 25290 944 0 69269 .... TX HOUSTON ...... 8 8 21.9 564 80228 293428 952937 37914 4826 0.1 34529 .... TX HOUSTON ...... 11 11 17 570 ...... 293340 953004 38950 4822 0.5 35675 .... TX HOUSTON ...... 13 13 22.2 588 70860 293427 952937 42534 4833 0.4 51569 .... TX HOUSTON ...... 20 19 421 596 33045 293344 953035 36222 4827 0 12895 .... TX HOUSTON ...... 14 24 900 579 59136 293415 953037 42319 4848 0 22204 .... TX HOUSTON ...... 26 26 234 594 75005 293428 952937 31274 4768 0.1 53117 .... TX HOUSTON ...... 2 35 1000 585 ...... 293406 952957 45364 4862 0 23394 .... TX HOUSTON ...... 39 38 1000 582 33161 293406 952957 35952 4818 0 69531 .... TX HOUSTON ...... 61 44 1000 461 68030 293344 953035 32739 4777 0 60534 .... TX IRVING ...... 49 48 225 535 39591 323235 965732 27401 5245 0 55643 .... TX JACKSONVILLE ...... 56 22 1000 459 33098 320340 951850 35608 924 0.8 31870 .... TX KATY ...... 51 47 1000 597 69142 293415 953037 40037 4838 0 51518 .... TX KERRVILLE ...... 35 32 1000 531 46137 293638 985333 33391 1818 0.2 148 ...... TX KILLEEN ...... 62 13 45 484 ...... 304334 975923 41662 1828 1.2 17433 .... TX LAKE DALLAS...... 55 39 57.3 494 74617 323236 965732 18912 5077 0.9 10061 .... TX LAREDO ...... 8 8 33.3 285 74387 274021 993951 27256 199 5.9 33078 .... TX LAREDO ...... 13 13 3.2 280 74376 273114 993119 19464 201 1.8 51479 .... TX LAREDO ...... 27 19 200 49 36711 273004 993037 8202 193 0 35909 .... TX LLANO ...... 14 27 660 249 ...... 304036 983359 22137 903 9.7 70917 .... TX LONGVIEW ...... 51 31 1000 361 29517 321535 945702 29711 821 0.5 83913 .... TX LONGVIEW ...... 38 38 191 268 74771 321536 945702 15446 554 0.3 27507 .... TX LUBBOCK ...... 11 11 15 232 ...... 333232 1015014 24161 371 0.6 53544 .... TX LUBBOCK ...... 16 16 50 83 74990 333312 1014913 9355 283 0 40820 .... TX LUBBOCK ...... 28 27 1000 219 ...... 333133 1015207 23831 358 0 55031 .... TX LUBBOCK ...... 34 35 1000 274 ...... 333008 1015220 27678 377 0 65355 .... TX LUBBOCK ...... 5 39 890 143 32592 333455 1015325 14440 342 1.4 3660 ...... TX LUBBOCK ...... 13 40 1000 219 ...... 333133 1015207 22626 354 0 68541 .... TX LUFKIN ...... 9 9 10 204 74363 312509 944803 20490 309 4.7 69692 .... TX MCALLEN ...... 48 49 1000 286 39111 260518 980344 23860 956 0 86263 .... TX MIDLAND ...... 18 18 240 284 74741 315019 1023159 16457 276 0 35131 .... TX MIDLAND ...... 2 26 1000 323 ...... 320511 1021710 32226 345 0 55644 .... TX NACOGDOCHES ...... 19 18 640 457 ...... 315420 950505 35050 829 8.3 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54761 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 6865 ...... TX ODESSA ...... 7 7 13.1 226 80209 315150 1023441 25197 283 0 42007 .... TX ODESSA ...... 9 9 25.7 391 ...... 315917 1025241 34523 341 0 12524 .... TX ODESSA ...... 24 23 600 333 39998 320551 1021721 26889 324 0 84410 .... TX ODESSA ...... 30 30 50 212 74764 320551 1021721 11292 254 0 50044 .... TX ODESSA ...... 36 38 500 82 ...... 315158 1022248 14075 267 0 53541 .... TX ODESSA ...... 42 42 50 142 75023 320254 1021804 9745 254 0 61214 .... TX PORT ARTHUR...... 4 40 1000 360 ...... 300920 935910 32745 776 0 62354 .... TX RIO GRANDE CITY ...... 40 20 50 113 74946 262547 984925 12057 225 0 53847 .... TX ROSENBERG ...... 45 45 356 578 74579 293344 953035 33056 4793 0 31114 .... TX SAN ANGELO...... 8 11 18.8 434 ...... 312201 1000248 33418 163 2.4 307 ...... TX SAN ANGELO...... 3 16 1000 160 ...... 313722 1002614 21754 130 0 58560 .... TX SAN ANGELO...... 6 19 1000 277 74948 313521 1003100 27865 132 0.3 749 ...... TX SAN ANTONIO...... 9 9 8.3 259 74347 291938 982117 21643 1787 0.4 53118 .... TX SAN ANTONIO...... 12 12 18.4 427 70242 291611 981531 32978 1888 0.7 27300 .... TX SAN ANTONIO...... 23 16 500 307 45032 291724 981520 24963 1830 0.2 56528 .... TX SAN ANTONIO...... 29 30 1000 441 28869 291728 981612 34435 1982 0 64969 .... TX SAN ANTONIO...... 60 38 1000 414 41078 291738 981530 29713 1891 0.2 26304 .... TX SAN ANTONIO...... 5 39 751 424 74634 291607 981555 34215 1903 0.1 35881 .... TX SAN ANTONIO...... 41 41 416 414 74547 291738 981530 25480 1848 0.2 69618 .... TX SAN ANTONIO...... 4 48 844 451 74680 291610 981555 34527 1894 1.3 35954 .... TX SHERMAN ...... 12 12 14.4 543 74439 340158 964800 38337 946 13 77452 .... TX SNYDER ...... 17 17 184 138 74359 324652 1005352 8618 45 0 308 ...... TX SWEETWATER ...... 12 20 561 427 74949 322448 1000625 31757 243 2.6 10245 .... TX TEMPLE ...... 6 9 25 527 41595 311624 971314 34738 1265 6.8 35648 .... TX TEXARKANA ...... 6 15 1000 454 ...... 325411 940020 42049 1055 0.1 68540 .... TX TYLER ...... 7 7 15 302 74360 323223 951312 25525 762 0.4 61173 .... TX UVALDE ...... 26 26 235 560 74761 293711 990257 31324 1771 1.6 35846 .... TX VICTORIA ...... 19 11 18 290 ...... 285042 970733 24235 256 13.4 73101 .... TX VICTORIA ...... 25 15 900 312 59285 285042 970733 29932 310 1.8 35903 .... TX WACO ...... 10 10 13.8 552 75056 311919 971858 38053 1164 1.1 6673 ...... TX WACO ...... 34 20 700 319 69374 311917 972040 25553 679 0.9 9781 ...... TX WACO ...... 25 26 1000 561 58939 312016 971836 38287 1343 2.2 12522 .... TX WACO ...... 44 44 160 552 74667 311852 971937 22371 743 10 43328 .... TX WESLACO ...... 5 13 57 445 38452 260602 975021 33861 962 0 7675 ...... TX WICHITA FALLS...... 18 15 1000 325 39767 341205 984345 24386 379 3 6864 ...... TX WICHITA FALLS...... 6 22 200 311 ...... 335404 983221 23697 346 0 65370 .... TX WICHITA FALLS...... 3 28 1000 274 ...... 335323 983330 28507 377 0 77719 .... TX WOLFFORTH ...... 22 43 77.1 228 80190 333008 1015220 15511 312 0 59494 .... UT CEDAR CITY...... 4 14 1000 819 ...... 373229 1130404 45405 141 0 69694 .... UT LOGAN ...... 12 12 22.3 690 74725 414703 1121355 32939 792 5.9 77512 .... UT OGDEN ...... 24 24 450 1229 59860 403933 1121207 37197 1798 0 69582 .... UT OGDEN ...... 9 36 200 1256 38687 403933 1121207 29628 1781 0 1136 ...... UT OGDEN ...... 30 48 200 1257 41318 403933 1121207 27529 1768 0 84277 .... UT PRICE ...... 3 11 51.1 658 74335 394522 1105922 39858 210 0 57884 .... UT PROVO ...... 16 29 530 1171 18846 403912 1121206 27532 1785 0 81451 .... UT PROVO ...... 32 32 138 812 75067 401645 1115600 17405 1617 0 6823 ...... UT PROVO ...... 11 44 403 1257 ...... 403933 1121207 36321 1791 0 82576 .... UT RICHFIELD ...... 19 0.33 441 46081 383804 1120333 4806 22 0 22215 .... UT SALT LAKE CITY ...... 13 13 43.4 1234 74476 403932 1121208 38745 1812 0.4 10177 .... UT SALT LAKE CITY ...... 20 20 73.3 1171 74746 403912 1121206 24439 1734 0 35823 .... UT SALT LAKE CITY ...... 2 34 423 1267 39866 403933 1121207 34886 1796 0 6359 ...... UT SALT LAKE CITY ...... 5 38 546 1267 19903 403933 1121207 34973 1791 0 68889 .... UT SALT LAKE CITY ...... 4 40 476 1256 27794 403933 1121207 33954 1790 0 69396 .... UT SALT LAKE CITY ...... 7 42 239 1266 30673 403933 1121207 30198 1785 0 36607 .... UT SALT LAKE CITY ...... 14 46 123 1181 75006 403912 1121206 27341 1761 0 35822 .... UT ST. GEORGE...... 12 9 3.2 43 44874 370348 1133423 4214 85 0.4 82585 .... UT ST. GEORGE...... 18 1.62 67 43602 370350 1133420 3637 81 0 83729 .... UT VERNAL ...... 6 16 1000 676 74714 402122 1090841 36226 44 0 69532 .... VA ARLINGTON ...... 14 15 900 173 29445 385624 770454 19793 6911 0.2 10897 .... VA ASHLAND ...... 65 47 1000 249 28058 374431 771515 20211 1398 0.3 2455 ...... VA BRISTOL ...... 5 5 8.93 680 80200 362657 820631 46491 1935 0.7 363 ...... VA CHARLOTTESVILLE ...... 19 19 50 326 74743 375903 782852 14121 381 1.2 70309 .... VA CHARLOTTESVILLE ...... 29 32 1000 368 67231 375902 782853 28673 1512 1.8 9990 ...... VA CHARLOTTESVILLE ...... 41 46 340 332 41219 375859 782902 16348 439 7.4 15507 .... VA DANVILLE ...... 24 24 141 332 ...... 370210 793230 21206 917 0 9999 ...... VA FAIRFAX ...... 56 24 50 215 74668 385228 771324 14900 5838 0.1 66378 .... VA FRONT ROYAL...... 42 21 50 400 32594 385736 781952 13538 714 16.9 10019 .... VA GOLDVEIN ...... 30 160 229 ...... 383743 772621 17529 4650 0.5 37808 .... VA GRUNDY ...... 68 49 1000 662 ...... 364947 820445 35029 1179 0.8 74167 .... VA HAMPTON ...... 13 13 19.1 344 74561 364900 762806 31544 1937 1.1 25932 .... VA HAMPTON-NORFOLK ...... 15 16 950 361 33525 364831 763013 33081 2003 0 4688 ...... VA HARRISONBURG ...... 3 49 65 638 ...... 383605 783757 15007 441 6.9 73988 .... VA LYNCHBURG ...... 13 13 19.6 568 74507 371854 793806 34552 1169 1.1 24812 .... VA LYNCHBURG ...... 21 20 400 500 39495 371914 793758 27193 972 3.4 74091 .... VA MANASSAS ...... 66 34 1000 254 72356 385701 770447 10458 3141 34.3 5982 ...... VA MARION ...... 52 42 100 448 ...... 365407 813232 17079 494 1.1 40759 .... VA NORFOLK ...... 33 33 905 361 74538 364831 763013 26943 1894 0 47401 .... VA NORFOLK ...... 3 40 950 377 ...... 364831 763013 33295 2003 0 67077 .... VA NORFOLK ...... 49 46 1000 360 19107 364831 763013 27594 1786 0.2 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54762 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 5985 ...... VA NORTON ...... 47 32 100 591 ...... 365353 823721 27184 974 0.1 74416 .... VA PETERSBURG ...... 8 22 450 328 ...... 373045 773605 28598 1526 0 71127 .... VA PORTSMOUTH ...... 10 31 1000 280 ...... 364914 763041 28778 1917 0 9762 ...... VA PORTSMOUTH ...... 27 50 800 264 ...... 364843 762745 23806 1762 0 30833 .... VA RICHMOND ...... 12 12 5.41 241 74618 373023 773012 21438 1277 2.4 57832 .... VA RICHMOND ...... 6 25 410 347 ...... 373045 773605 28828 1531 0 412 ...... VA RICHMOND ...... 35 26 800 328 ...... 373045 773605 30742 1594 1.4 9987 ...... VA RICHMOND ...... 23 42 160 346 ...... 373045 773604 22009 1323 2.3 9989 ...... VA RICHMOND ...... 57 44 100 328 ...... 373045 773605 20348 1242 0 5981 ...... VA ROANOKE ...... 15 3 7.25 618 39733 371146 800917 42351 1469 0 24813 .... VA ROANOKE ...... 27 17 400 594 29905 371146 800916 28254 1105 5.2 71329 .... VA ROANOKE ...... 7 18 605 610 74951 371142 800922 37968 1316 1.3 57840 .... VA ROANOKE ...... 10 30 950 592 69296 371203 800854 31210 1162 4 70251 .... VA ROANOKE ...... 38 36 700 623 27852 371137 800925 28663 1055 1.3 60111 .... VA STAUNTON ...... 51 11 3.2 680 31834 380954 791851 19643 552 5.6 82574 .... VA VIRGINIA BEACH...... 21 7 4.86 310 75265 364831 763012 19356 1714 0.1 65387 .... VA VIRGINIA BEACH...... 43 29 1000 241 30040 364914 763041 21875 1737 0 11259 .... VT BURLINGTON ...... 22 13 10 852 60531 443133 724858 32388 586 0.3 46728 .... VT BURLINGTON ...... 3 22 444 835 80197 443136 724857 42718 620 0.4 69944 .... VT BURLINGTON ...... 33 32 200 826 ...... 443132 724851 34750 567 0 10132 .... VT BURLINGTON ...... 44 43 47 839 71757 443133 724857 24761 479 0.8 73344 .... VT HARTFORD ...... 31 25 117 651 43680 432615 722708 21850 616 0.3 69946 .... VT RUTLAND ...... 28 9 15 385 67939 433931 730625 21748 544 2.8 69940 .... VT ST. JOHNSBURY...... 20 18 200 592 ...... 443416 715339 26170 300 1.2 69943 .... VT WINDSOR ...... 41 24 200 693 ...... 432614 722707 30172 1183 0.5 56852 .... WA BELLEVUE ...... 33 33 179 716 80219 473017 1215803 26579 3579 0 4624 ...... WA BELLEVUE ...... 51 50 240 719 17552 473017 1215804 28362 3664 0 53586 .... WA BELLINGHAM ...... 24 19 165 757 43180 484046 1225031 33673 982 7.4 35862 .... WA BELLINGHAM ...... 12 35 612 722 74955 484040 1224948 43278 1644 0 62468 .... WA CENTRALIA ...... 15 19 43.7 334 ...... 463316 1230326 13904 489 22.8 35396 .... WA EVERETT ...... 16 31 700 218 44001 473755 1222059 18375 3525 0 2495 ...... WA KENNEWICK ...... 42 44 160 390 ...... 460611 1190754 23073 373 0 56029 .... WA PASCO ...... 19 18 50 366 74956 460551 1191130 20149 362 0 71024 .... WA PULLMAN ...... 10 10 6.2 408 74411 465143 1171026 25722 259 0 78921 .... WA PULLMAN ...... 24 24 1000 569 66879 473444 1171746 32886 657 0 12427 .... WA RICHLAND ...... 25 26 200 411 ...... 460612 1190749 26245 384 0 71023 .... WA RICHLAND ...... 31 38 47.6 361 60199 460612 1190740 11914 290 0 33749 .... WA SEATTLE ...... 9 9 7.49 252 74562 473658 1221828 21801 3579 0 69571 .... WA SEATTLE ...... 22 25 1000 290 ...... 473657 1221826 27243 3646 0 21656 .... WA SEATTLE ...... 4 38 1000 247 74957 473755 1222109 22159 3592 0.1 66781 .... WA SEATTLE ...... 7 39 1000 230 65845 473801 1222120 19081 3534 0.1 49264 .... WA SEATTLE ...... 45 44 240 714 38740 473017 1215806 25492 3632 0 34847 .... WA SEATTLE ...... 5 48 960 239 18954 473755 1222059 18736 3562 0 34537 .... WA SPOKANE ...... 6 7 45.1 653 74388 473452 1171747 45079 684 0 61956 .... WA SPOKANE ...... 7 8 21.6 558 ...... 473434 1171758 36062 666 0.2 61978 .... WA SPOKANE ...... 4 13 23.3 936 ...... 475518 1170648 46084 655 0.3 34868 .... WA SPOKANE ...... 2 20 893 641 64696 473541 1171753 37651 663 0 58684 .... WA SPOKANE ...... 28 28 91.4 601 74486 473444 1171746 26401 586 0 81694 .... WA SPOKANE ...... 34 34 104 450 74766 473604 1171753 17181 537 0 35606 .... WA SPOKANE ...... 22 36 250 622 64693 473541 1171753 20760 538 0 23428 .... WA TACOMA ...... 11 11 12.6 276 74526 473655 1221828 20515 3560 0 33894 .... WA TACOMA ...... 13 13 22.7 585 74424 473253 1224822 32350 3783 0 67950 .... WA TACOMA...... 20 14 90 473 39524 473250 1224740 22129 3629 0 62469 .... WA TACOMA ...... 28 27 47.2 224 ...... 471641 1223042 13991 3136 0 35419 .... WA TACOMA ...... 56 42 144 695 ...... 473017 1215806 29896 3638 0 35460 .... WA VANCOUVER ...... 49 30 741 528 ...... 453119 1224453 29877 2443 1.4 84238 .... WA WALLA WALLA...... 9 9 45 432 ...... 460558 1190740 38298 459 0.1 2506 ...... WA YAKIMA ...... 35 14 160 293 ...... 463157 1203037 15036 248 0.1 12395 .... WA YAKIMA ...... 23 16 200 266 ...... 463159 1203026 14954 247 0 33752 .... WA YAKIMA ...... 47 21 50 280 ...... 463158 1203033 11735 236 0 56033 .... WA YAKIMA ...... 29 33 50 296 74958 463158 1203033 10949 235 0 86496 .... WI ANTIGO ...... 46 50 286 38603 450322 892754 11094 243 0.1 361 ...... WI APPLETON ...... 32 27 50 336 74693 442130 875848 19462 961 0 2709 ...... WI CHIPPEWA FALLS...... 48 49 1000 203 ...... 445724 914003 20780 395 0 81503 .... WI CRANDON ...... 4 12 3.2 119 74710 453423 885257 11762 86 0.4 77789 .... WI EAGLE RIVER...... 34 28 70 144 67695 454630 891455 12379 92 0.2 7893 ...... WI EAU CLAIRE...... 13 13 22.9 607 74548 443951 905741 43031 858 2 64550 .... WI EAU CLAIRE...... 18 15 200 280 67697 444800 912757 19543 336 0.2 60571 .... WI FOND DU LAC ...... 68 44 700 195 66227 432620 883129 18054 2137 0.1 4150 ...... WI GREEN BAY...... 11 11 17.2 384 75053 442431 875929 31619 1089 2.6 74417 .... WI GREEN BAY...... 2 23 1000 372 ...... 442435 880006 35477 1151 0.7 9635 ...... WI GREEN BAY...... 5 39 1000 364 68312 442001 875856 30736 1115 1.4 2708 ...... WI GREEN BAY...... 26 41 1000 321 27828 442130 875848 26965 1084 0.8 18798 .... WI GREEN BAY...... 38 42 200 375 ...... 442434 880006 25059 1041 0.5 26025 .... WI JANESVILLE ...... 57 32 200 387 65253 430303 892913 25102 1265 0.3 37104 .... WI KENOSHA ...... 55 40 830 358 43896 430544 875417 26695 2947 0.4 74424 .... WI LA CROSSE...... 8 8 20.3 462 74563 440528 912016 35282 714 2.4 64549 .... WI LA CROSSE...... 19 14 250 327 ...... 434823 912202 25195 419 0.8 2710 ...... WI LA CROSSE...... 25 17 450 349 29449 434815 912220 25884 487 0.7 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54763 NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 18780 .... WI LA CROSSE...... 31 30 308 351 ...... 434817 912206 25913 420 0 10221 .... WI MADISON ...... 47 11 15 471 30020 430321 893206 29375 1533 4.4 6870 ...... WI MADISON ...... 15 19 56 387 ...... 430303 892913 21196 1026 3.9 6096 ...... WI MADISON ...... 21 20 100 453 ...... 430321 893206 26579 1250 1.2 64545 .... WI MADISON ...... 27 26 400 455 33126 430321 893206 30128 1450 1.3 65143 .... WI MADISON ...... 3 50 603 466 ...... 430321 893206 32793 1639 2.5 68547 .... WI MAYVILLE ...... 52 43 300 186 ...... 432611 883134 16768 1878 7.9 18793 .... WI MENOMONIE ...... 28 27 291 350 ...... 450249 915147 26272 743 13.7 42663 .... WI MILWAUKEE ...... 10 8 25 354 67092 430546 875415 29509 3035 1.4 74174 .... WI MILWAUKEE ...... 18 18 368 302 74698 430544 875417 22781 2496 3.6 72342 .... WI MILWAUKEE ...... 30 22 196 297 42943 430544 875417 19180 2440 1.3 71278 .... WI MILWAUKEE ...... 24 25 625 340 41342 430544 875417 26207 2873 1.1 74098 .... WI MILWAUKEE ...... 4 28 1000 305 74959 430529 875407 30554 2856 4.5 73107 .... WI MILWAUKEE ...... 6 33 1000 305 74960 430524 875347 30009 2916 0.6 65680 .... WI MILWAUKEE ...... 12 34 863 263 59757 430642 875542 23265 2660 0 42665 .... WI MILWAUKEE ...... 36 35 500 355 66933 430546 875415 25395 2769 0.1 71427 .... WI MILWAUKEE ...... 58 46 1000 322 32644 430642 875550 27046 2827 1.9 63046 .... WI PARK FALLS...... 36 36 50 445 74583 455643 901628 22223 139 0 68545 .... WI RACINE ...... 49 48 176 303 74961 430515 875401 17104 2279 0.1 49699 .... WI RHINELANDER ...... 12 16 538 489 28605 454003 891229 38587 375 0 33658 .... WI SUPERIOR ...... 6 19 384 312 ...... 464721 920650 26329 264 0 73042 .... WI SURING ...... 14 21 450 332 43297 442001 875856 20367 938 0.2 6867 ...... WI WAUSAU ...... 7 7 16.9 369 74555 445514 894131 31741 531 0.1 64546 .... WI WAUSAU ...... 9 9 17 369 75014 445514 894131 31158 526 0.8 73036 .... WI WAUSAU ...... 20 24 200 387 ...... 445514 894128 27230 487 0.4 86204 .... WI WITTENBERG ...... 55 50 160 327 74788 450322 892754 18272 378 1.2 37806 .... WV BLUEFIELD ...... 40 40 1000 386 74377 371308 811539 24131 705 1.2 74176 .... WV BLUEFIELD ...... 6 46 1000 372 ...... 371520 811054 25413 700 0.2 417 ...... WV CHARLESTON ...... 11 19 475 514 ...... 382428 815413 37278 1306 0.6 73189 .... WV CHARLESTON ...... 29 39 1000 350 40580 382812 814635 25868 924 2 71280 .... WV CHARLESTON ...... 8 41 475 514 ...... 382428 815413 33607 1168 3.1 10976 .... WV CLARKSBURG ...... 46 10 30 235 44599 391802 802037 21897 566 4.9 71220 .... WV CLARKSBURG ...... 12 12 11.3 262 80238 391706 801946 22848 585 2 71680 .... WV GRANDVIEW ...... 9 10 18.6 305 80261 375346 805921 24852 649 2.1 23342 .... WV HUNTINGTON ...... 13 13 16 396 70338 383021 821233 27894 1025 4.7 36912 .... WV HUNTINGTON ...... 3 23 724 402 ...... 383036 821310 33731 1182 0.6 71657 .... WV HUNTINGTON ...... 33 34 63.1 379 74962 382941 821203 16566 734 1.4 74169 .... WV LEWISBURG ...... 59 8 3.68 577 ...... 374622 804225 26153 590 1.7 23264 .... WV MARTINSBURG ...... 60 12 23 314 ...... 392727 780352 24936 2480 6.2 71676 .... WV MORGANTOWN ...... 24 33 145 457 74963 394145 794545 20788 1370 0.5 66804 .... WV OAK HILL...... 4 50 1000 236 80182 375726 810903 18914 515 1.7 4685 ...... WV PARKERSBURG ...... 15 49 47.4 193 ...... 392059 813356 12781 348 2.2 70592 .... WV WESTON ...... 5 5 9.96 253 74344 390429 802528 27452 568 0.5 6869 ...... WV WHEELING ...... 7 7 15.5 293 74497 400341 804508 25673 2373 0.1 82575 .... WY CASPER ...... 6 6 1 536 74715 424426 1062134 20136 70 0 68713 .... WY CASPER ...... 13 12 3.2 534 74727 424426 1062134 18050 70 0 63177 .... WY CASPER ...... 14 14 53.3 573 74389 424426 1062134 25030 70 0 18286 .... WY CASPER ...... 2 17 741 588 ...... 424403 1062000 40682 80 0.1 74256 .... WY CASPER ...... 20 20 52.4 582 74425 424437 1061831 21652 70 0 18287 .... WY CHEYENNE ...... 33 11 16 650 67257 403247 1051150 28369 2763 0 40250 .... WY CHEYENNE ...... 27 27 169 232 74478 410255 1045328 13499 438 0 63166 .... WY CHEYENNE ...... 5 30 630 189 ...... 410601 1050023 18799 415 2.9 1283 ...... WY JACKSON ...... 2 2 1 293 74378 432742 1104510 17622 31 0 35103 .... WY JACKSON ...... 11 11 3.2 327 74724 432742 1104510 10697 22 0 63162 .... WY LANDER ...... 5 7 31.7 82 74964 425343 1084334 15754 32 2.8 10036 .... WY LANDER ...... 4 8 60 463 74965 423459 1084236 36626 35 0.6 10032 .... WY LARAMIE ...... 8 8 3.2 318 74718 411717 1052642 12970 109 0.1 21612 .... WY RAWLINS ...... 11 9 3.2 70 74966 414615 1071425 9432 11 0 21613 .... WY RIVERTON ...... 10 10 13.9 526 74402 432726 1081202 26335 49 0.1 63170 .... WY ROCK SPRINGS...... 13 13 14.2 495 74448 412621 1090642 33002 43 0 81191 .... WY SHERIDAN ...... 7 7 3.2 349 74717 443720 1070657 12316 28 0 17680 .... WY SHERIDAN ...... 12 13 50 372 ...... 443720 1070657 32735 52 0 51233 .... GU AGANA ...... 8 8 3.2 282 ...... 132553 ¥1444236 ...... 25511 .... GU AGANA ...... 12 12 38.9 75 ...... 132613 ¥1444817 ...... 29232 .... GU TAMUNING ...... 14 14 50 1 ...... 133009 ¥1444817 ...... 3255 ...... PR AGUADA ...... 50 50 50 343 74700 181907 671048 13079 862 2.3 71725 .... PR AGUADILLA ...... 12 12 7.31 665 74705 180900 665900 35964 1570 1.9 61573 .... PR AGUADILLA ...... 44 17 50 372 74920 181906 671042 17140 918 2.5 26602 .... PR AGUADILLA ...... 32 34 250 605 ...... 180906 665923 35049 1393 6.6 26676 .... PR ARECIBO ...... 60 14 50 833 80214 180917 663316 23099 2851 9.4 3001 ...... PR ARECIBO ...... 54 46 50 600 74610 181406 664536 16621 2420 5.7 4110 ...... PR BAYAMON ...... 36 30 50 329 74691 181640 660638 14518 2514 0.5 19777 .... PR CAGUAS ...... 11 11 3.2 357 74649 181654 660646 16753 2655 0.1 8156 ...... PR CAGUAS ...... 58 48 50 329 74666 181640 660638 12923 2406 2.3 54443 .... PR CAROLINA ...... 52 51 450 585 32803 181644 655112 30994 2770 0.1 73901 .... PR FAJARDO ...... 13 13 2.8 863 ...... 181836 654741 34770 2702 0.1 2174 ...... PR FAJARDO ...... 40 16 150 839 58931 181836 654741 30040 2720 3.9 15320 .... PR FAJARDO ...... 34 33 50 848 74765 181836 654741 24903 2589 0.2 18410 .... PR GUAYAMA ...... 46 45 50 642 74921 181648 655108 23740 2490 0.9 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54764 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations NTSC DTV Percent Facility ID State City ERP HAAT Antenna Latitude Longitude Area Population inter- Chan Chan (kW) (m) ID (DDMMSS) (DDDMMSS) (sq km) (thousand) ference received 67190 .... PR HUMACAO ...... 68 49 46 623 75154 181644 655110 20292 2501 0.9 60357 .... PR MAYAGUEZ ...... 16 22 50 338 74738 181851 671124 16336 808 14.3 73336 .... PR MAYAGUEZ ...... 22 23 400 693 65201 180900 665900 37898 1376 0.9 64865 .... PR MAYAGUEZ ...... 5 29 1000 607 ...... 180902 665920 45696 1574 14.2 53863 .... PR MAYAGUEZ ...... 3 35 620 674 ...... 180900 665900 43682 1920 0.1 19561 .... PR NARANJITO ...... 64 18 50 142 74703 181734 661602 12482 2515 0.1 60341 .... PR PONCE ...... 7 7 16.4 826 80207 180917 663316 46704 3722 0 19776 .... PR PONCE ...... 9 9 3.2 825 74569 181009 663436 28603 3473 0 26681 .... PR PONCE ...... 14 15 380 839 67269 181010 663436 41336 3364 5.6 58341 .... PR PONCE ...... 20 19 700 269 65948 180449 664453 24888 1701 0.1 2175 ...... PR PONCE ...... 26 25 200 310 41622 180448 664456 19187 1516 0 29000 .... PR PONCE ...... 48 47 50 247 74924 180450 664450 11769 1118 0.3 58340 .... PR SAN JUAN...... 24 21 1000 564 ...... 181645 655114 44300 3102 0.4 52073 .... PR SAN JUAN...... 4 27 1000 794 ...... 180642 660305 53151 3389 0.5 64983 .... PR SAN JUAN...... 2 28 871 861 74925 180654 660310 52474 3313 4 4077 ...... PR SAN JUAN...... 30 31 75.9 287 ...... 181630 660536 15347 2490 0.6 28954 .... PR SAN JUAN...... 18 32 3.9 290 65128 181630 660536 7747 2088 6.4 53859 .... PR SAN JUAN...... 6 43 791 825 74633 180642 660305 48283 3343 0 58342 .... PR SAN SEBASTIAN...... 38 39 700 627 65242 180900 665900 34738 1692 0 39887 .... PR YAUCO ...... 42 41 185 832 ...... 181010 663436 39318 3448 0 3113 ...... VI CHARLOTTE AMALIE...... 17 17 50 455 ...... 182126 645650 24537 104 0.1 83270 .... VI CHARLOTTE AMALIE...... 43 1.4 28 ...... 182043 645545 1687 0 0 70287 .... VI CHARLOTTE AMALIE...... 12 44 30.4 505 75403 182128 645653 18332 11 0 84407 .... VI CHRISTIANSTED ...... 15 15 50 296 74735 174521 644756 14545 0 0 2370 ...... VI CHRISTIANSTED ...... 8 20 501 292 74953 174521 644756 17484 7 0 83304 .... VI CHRISTIANSTED ...... 39 23 0.85 130 ...... 174440 644340 5461 0 0 Appendix C—List of Commenters and 30. Dept. of Information Technology and 63. KPAX Communications, Inc. Reply Commenters Telecommunication of the City of New 64. KRTV Communications, Inc. York 65. KTVQ Communications, Inc. Comments (Filed by Jan. 25, 2007) 31. Dispatch Broadcast Group 66. KVIE, Inc. 1. 54 Broadcasting, Inc. 32. Diversified Broadcasting, Inc. 67. KVOA Communications, Inc. 2. Alabama Educational Television 33. Dominion Broadcasting, Inc. 68. LIN of Alabama, LLC Commission 34. Duluth-Superior Area Educational 69. Malara Broadcast Group, Inc. 3. Alaska Broadcasting Company, Inc. Television Corporation—WDSE 70. Maritime Communications/Land Mobile, 4. The Allen Broadcasting Corp. 35. Eastern Illinois University LLC 5. Amarillo Junior College District 36. Eastern Television Corporation 71. Mc-Graw Hill Broadcasting Company, 6. Arizona Board of Regents 37. Educational Broadcasting Foundation, Inc. Inc. 72. Media General Communications 7. Arkansas Educational Television 38. Ellis Communications KDOC Licensee, Holdings, LLC Commission Inc. 73. Meredith Corporation 8. Association of Federal Communications 39. Entravision Holdings, LLC 74. Mid State Television, Inc. Consulting Engineers 40. Evangelistic Alaska Missionary 75. Mission Broadcasting, Inc. 9. Barrington Bay City License LLC Fellowship, Inc. 76. Mississippi Authority for Educational 10. Barrington Peoria License LLC 41. Flathead Adventist Radio, Inc. Television 11. Bluestone License Holdings, Inc. 42. Florida West Coast Public Broadcasting, 77. Mississippi Broadcasting Partners 12. Board of Regents of Oklahoma Colleges/ Inc. 78. Mitts Telecasting Company Roger State University 43. John F. Fleming 79. Morris Network, Inc. 13. The Board of Trustees of Southern Illinois 44. Florida West Coast Public Broadcasting, 80. Mt. Mansfield Television, Inc. University Inc. 81. Mountain Licenses, LP 14. Board of Trustees of Northern Michigan 45. Florida State University 82. NBC Telemundo License Co. University 46. Gainesville Channel 61 Associates, Inc. 83. NEPSK, Inc. 15. Ronald J. Brey 47. Georgia Public Telecommunications 84. New Jersey Public Broadcasting Authority 16. Brazos Valley Public Broadcasting Commission 85. New York Times Management Services Foundation 48. Granite Broadcasting Corporation 86. Newport License Holdings, Inc. 17. CBS Corporation 49. Grant Educational Foundation, et. al. 87. Newschannel 5 Network, L.P. 18. Capital Community Broadcasting, Inc. 50. Gray Television Licensee, Inc. 88. Nexstar Broadcasting, Inc. 19. Capital Broadcasting Company, Inc. 51. Griffin Tulsa II Licensing, LLC 89. Northern California Public Television 20. Christian Faith Broadcast, Inc. 52. Hearst-Argyle Television, KCWE LMA 90. Northern California Public Broadcasting 21. Christian Worldview Broadcasting Inc., and WMOR–TV Company Inc.—KQED Corporation 53. Hoak Media, LLC 91. Oral Roberts University 22. CMCG Puerto Rico License, LLC 54. ICA Broadcasting I, Ltd., Licensee of 92. Pappas Entities 23. Collins Broadcasting Company KOSA–TV 93. Pappas Telecasting of America & South 24. Colorado Public Television 55. International Broadcasting Corporation Central Communications Corporation 25. Community Television of Southern 56. Jackson Television, LLC 94. Parker Broadcasting, Inc. California—KCET 57. KATC Communications, Inc. 95. Paxson Communications License 26. Connecticut Public Broadcasting, Inc. 58. Ketchikan TV, LLC Company, LLC 27. Corridor Television LLP Licensee of 59. KEVN, Inc. 96. Paxson Denver License, Inc. KCWX, Fredericksburg, Texas 60. KM Television of Iowa, LLC, KM 97. Paxson Hartford License, Inc. 28. The Curators of the University of Television of Flagstaff, LLC 98. Paxson Jax License, Inc. Missouri 61. KOB–TV, LLC 99. Paxson Kansas City License, Inc. 29. Delta College 62. KOCE–TV Foundation 100. The Pennsylvania State University VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54765 101. Piedmont Television of Huntsville 141. WMYT–TV, Inc. 3. CBS Corporation (Supplemental License, LLC and Huntsville Broadcasting 142. WNYT–TV, LLC comments) Corporation 143. WQED Multimedia 4. Community Television of Southern 102. Piedmont Television of Macon License, 144. WVVA Television, Inc. California—KCET (response to Reply LLC 145. Waitt Broadcasting, Inc. comments) 103. Piedmont Television of Monroe/El 146. The Walt Disney Company 5. Corridor Television LLP Licensee of Dorado License LLC 147. Washburn University of Topeka KCWX, Fredericksburg, Texas 104. Prime Time Christian Broadcasting, Inc. 148. West Virginia Educational Broadcasting (supplemental) 105. The PSC Liquidating Trust Authority 6. Davis Television Clarksburg, LLC 106. Puerto Rico Public Broadcasting 149. West Virginia Media Holdings, LLC 7. Gray Television, Inc. Corporation 150. Western Kentucky University 8. Fox Television Stations, Inc. 107. Ramar Communications II, Ltd. 151. Woods Communications Corporation 9. Fox Television Stations of Philadelphia, 108. Raycom TV Broadcasting, Inc. 152. Young Broadcasting, Inc. Inc. 109. Red River Broadcast, LLC 10. Georgia Public Telecommunications 110. Red River Broadcast Co., LLC—KBRR Reply Comments (Filed by Feb. 26, 2007) Commission (supplemental) 111. Red River Broadcast Co., LLC—KJRR 1. Association for Maximum Service 11. Idaho Independent Television, Inc. 112. St. Lawrence Valley Educational Television, Inc. Television Council, Inc. 12. KTBC License, Inc. 2. Ronald J. Brey 113. Sangre de Christo Communications, Inc. 13. La Cadena Del Milagro, Inc. 3. CBS Corporation 114. School Board of Broward County, 14. Oklahoma Educational Television 4. Capital Broadcasting Company, Inc. Florida Authority 115. Larry L. Schrecongost 5. Cohen, Dippell and Everist, P.C. (Some 15. Oklahoma Land Company LLC 116. Scripps Howard Broadcasting appear to be filed as late comments) 16. Richland Reserve, LLC Company—KNXV–DT 6. Concilio Mision Cristiana Fuente De Agua 17. Saga Quad States Communications, LLC 117. Scripps Howard Broadcasting Viva, Inc. (written as comment) 18. Smith Media License Holdings, LLC Company—WCPO–DT 7. Connecticut Public Broadcasting, Inc. (supplement to comment) 118. Siete Grande Television, Inc. 8. Davis Television Clarksburg, LLC 19. Southern Broadcasting, Inc. (raising new 119. Sinclair Broadcast Group, Inc. 9. Ebenezer Broadcasting Group, Inc. (written issues) 120. Smith Media License Holdings, LLC as comment) 20. Tribune Broadcasting Company 121. South Carolina Educational Television 10. Florida West Coast Public Broadcasting, Ex Parte Commission Inc. 122. South Dakota Board of Directors for 11. Gilmore Broadcasting Corporation 1. Association for Maximum Service Educational Telecommunications 12. KPAX Communications, Inc. Television, Inc. 123. Stainless Broadcasting, LP 13. Larry L. Schrecongost 2. Association of Public Television Stations, 124. State Board of Education, State of Idaho 14. McGraw Hill Broadcasting Company, Inc. PBS, CPB 125. Sunbeam Television Corporation 15. Midwest Television, Inc. 3. Christian Faith Broadcast, Inc. 126. Surtsey Media, LLC 16. Nexstar Broadcasting, Inc. 4. Colorado Public Television 127. Tanana Valley Television Company 17. Paging Systems, Inc. 5. Corridor Television LLP 128. Television Capital Corporation of 18. Quincy Broadcasting Company (filed 6. Dispatch Broadcast Group Mobile jointly with WREX Television, LLC) 7. Gilmore Broadcasting Corporation 129. University of Houston System 19. Smith Media License Holdings, LLC 8. Gray Television, Inc. 130. The University of North Carolina 20. Southern Broadcasting, Inc. (resubmitting 9. KTBC License, Inc. 131. Thomas Broadcasting Company comments they stated were filed January 10. Mt. Mansfield Television, Inc. 132. Trinity Christian Center of Santa Ana, 25, 2007) 11. New America Foundation Inc., et. Al. (Supplement to Comment) 21. WSJV Television, Inc. 12. Pacifica Broadcasting Company & 133. Twin Cities Public Television, Inc. 22. WVVA Television, Inc. Oceania Christian Church 134. University of Alaska 23. The Walt Disney Company 13. Sangre de Cristo Communications, Inc. 135. University of New Hampshire 14. Siete Grande Television, Inc. 136. Univision Communications, Inc. Late-filed Ex Parte Comments (Filed After Feb. 26, 2007) 15. Tribune Broadcasting Company 137. Virgin Islands Public Television System 16. West Virginia Educational Broadcasting 138. WHDH–TV 1. Alamo Public Telecommunications Authority WSJV Television, Inc. 139. WLEX Communications, LLC Council 140. WMHT Educational 2. The Board of Trustees of the University of Appendix D1—Granted Requests for Telecommunications Alabama Minor Adjustments Current Current Post Call sign Facility Community State NTSC DTV transition ID # channel channel channel KVEA ...... 19783 CORONA ...... CA 52 39 39 KWHY ...... 26231 LOS ANGELES...... CA 22 42 42 KCRA ...... 33875 SACRAMENTO ...... CA 3 35 35 KQED ...... 35500 SAN FRANCISCO...... CA 9 30 30 WSCV ...... 64971 FORT LAUDERDALE...... FL 51 52 30 KMEG ...... 39665 SIOUX CITY...... IA 14 39 39 WEEK ...... 24801 PEORIA ...... IL 25 57 25 WPTA ...... 73905 FORT WAYNE...... IN 21 24 24 WRTV–DT ...... 40877 INDIANAPOLIS ...... IN 6 25 25 WNEM–DT ...... 41221 BAY CITY...... MI 5 22 22 WMYD ...... 74211 DETROIT ...... MI 20 21 21 KPXE–DT ...... 33337 KANSAS CITY...... MO 50 51 51 WRAL ...... 8688 RALEIGH ...... NC 5 53 48 KSNB ...... 21161 SUPERIOR ...... NE 4 34 34 WKBW ...... 54176 BUFFALO ...... NY 7 38 38 WTVH ...... 74151 SYRACUSE ...... NY 5 47 47 KDOR ...... 1005 BARTLESVILLE...... OK 17 15 17 WPMT ...... 10213 YORK ...... PA 43 47 47 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54766 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations Current Current Post Call sign Facility Community State NTSC DTV transition ID # channel channel channel WQHA ...... 3255 AGUADA...... PR 50 62 50 WATE ...... 71082 KNOXVILLE ...... TN 6 26 26 WSLS ...... 57840 ROANOKE...... VA 10 30 30 WBAY ...... 74417 GREEN BAY...... WI 2 23 23 Appendix D2—Granted Requests for Changes to Certification That Meet the Interference Criteria Post Facility Current Current transi- Call sign ID # Community State NTSC DTV tion File No. channel channel channel KTVA ...... 49632 ANCHORAGE ...... AK 11 28 28 BLCDT–20061113AAT. KATN ...... 13813 FAIRBANKS ...... AK 2 18 18 BMPCDT–20070222AAL. KJUD ...... 13814 JUNEAU ...... AK 8 11 11 BMCDT–20070412AAI. KTOO ...... 8651 JUNEAU ...... AK 3 10 10 BLEDT–20040730ABD. WDHN ...... 43846 DOTHAN ...... AL 18 21 21 BMPCDT–20070125ACS. WTTO ...... 74138 HOMEWOOD...... AL 21 28 28 BMPCDT–20041104AMB. WAAY ...... 57292 HUNTSVILLE ...... AL 31 32 32 BLCDT–20050701ABO. WMPV ...... 60827 MOBILE ...... AL 21 20 20 BLCDT–20060703AAJ. KTVE ...... 35692 EL DORADO...... AR 10 27 27 BLCDT–20070105ABH. KHOG ...... 60354 FAYETTEVILLE...... AR 29 15 15 BLCDT–20020904AAX. KHBS ...... 60353 FORT SMITH...... AR 40 21 21 BLCDT–20031121AMR. KARK ...... 33440 LITTLE ROCK...... AR 4 32 32 BLCDT–20060504ABM. KCFG ...... 35104 FLAGSTAFF ...... AZ 9 32 32 BMPCDT–20060329AJP. KTAZ ...... 81458 PHOENIX ...... AZ 39 ...... 39 BLCT–20060809ABN. KUAT ...... 2731 TUCSON ...... AZ 6 30 30 BLEDT–20040727ABR. KDOC ...... 24518 ANAHEIM...... CA 56 32 32 BLCDT–20060626ACV. KTNC ...... 21533 CONCORD...... CA 42 63 14 BLCDT–20060629ABI. KSEE ...... 35594 FRESNO...... CA 24 38 38 BLCDT–20050914AAZ. KBCW–TV ...... 69619 SAN FRANCISCO...... CA 44 45 45 BLCDT–20020709AAQ. KREG ...... 70578 GLEENWOOD SPRING...... CO 3 23 23 BLCDT–20060629AER. KFQX ...... 31597 GRAND JUNCTION...... CO 4 15 15 BLCDT–20061020ACO. KKCO ...... 24766 GRAND JUNCTION...... CO 11 12 12 BLCDT–20030401ABM. KREX ...... 70596 GRAND JUNCTION...... CO 5 2 2 BPCDT–19991029AFS. KDEN–DT ...... 38375 LONGMONT ...... CO 25 29 29 BLCDT–20060630ACM. KREY ...... 70759 MONTROSE ...... CO 10 13 13 BLCDT–20060629ACV. KOAA ...... 59014 PUEBLO ...... CO 5 42 42 BPCDT–19991029AGS. WHPX–DT ...... 51980 NEW LONDON...... CT 26 34 26 BLCDT–20060630ABZ. WPPB ...... 51349 BOCA RATON ...... FL 63 40 40 Allotment Facility 122731. WTGL ...... 24582 COCOA ...... FL 52 53 51 BPCDT–20000428ABS. WTCE ...... 29715 FORT PIERCE...... FL 21 38 38 BMPEDT–20060125ADR. WCJB ...... 16993 GAINESVILLE ...... FL 20 16 16 BDSTA–20050803ADT. WGFL ...... 7727 HIGH SPRINGS...... FL 53 28 28 BLCDT–20060714ABC. WJEB ...... 29719 JACKSONVILLE...... FL 59 44 44 BLCDT–20060301ADC. WMOR ...... 53819 LAKELAND ...... FL 32 19 19 BLCDT–20050726ABO. WSFL ...... 10203 MIAMI...... FL 39 19 19 BLCDT–20070124ABF. WSVN–DT ...... 63840 MIAMI ...... FL 7 8 7 BPCDT–19991101AFH. WTLH ...... 23486 BAINBRIDGE ...... GA 49 50 49 BLCDT–20061020ACP. WPXC–DT ...... 71236 BRUNSWICK ...... GA 21 24 24 BLCDT–20060607ABQ. WELF ...... 60825 DALTON...... GA 23 16 16 BLCDT–20060301ADC. WGXA–DT ...... 58262 MACON...... GA 24 16 16 BMPCDT–20070131AIP. WMGT ...... 43847 MACON ...... GA 41 40 40 BLCDT–20070112AHJ. KALO ...... 51241 HONOLULU...... HI 38 10 10 Allotment Facility 161807. KBFD ...... 65395 HONOLULU ...... HI 32 33 33 BMPCDT–20070112AGB. KWKB–TV ...... 35096 IOWA CITY...... IA 20 25 25 BLCDT–20070130AJQ. KUID ...... 62382 MOSCOW ...... ID 35 12 12 BLEDT–20060804AFK. WCIA ...... 42124 CHAMPAIGN ...... IL 3 48 48 BMPCDT–20050701ACC. WICD ...... 25684 CHAMPAIGN ...... IL 15 41 41 BLCDT–20050620AAO. WEIU ...... 18301 CHARLESTON...... IL 51 50 50 BLEDT–20060504AAW. WUSI ...... 4301 OLNEY...... IL 16 19 19 BLEDT–20060619ABG. WMBD ...... 42121 PEORIA...... IL 31 30 30 BLCDT–20061019ADD. WSJV ...... 74007 ELKHART ...... IN 28 58 28 BLCDT–20060620ABX. WFFT ...... 25040 FORT WAYNE...... IN 55 36 36 BMPCDT–20070125ACY. WISE ...... 13960 FORT WAYNE...... IN 33 19 19 BMPCDT–20070123AAR. WFXW ...... 65247 TERRE HAUTE...... IN 38 39 39 BMPCDT–20070125ACT. WTWO ...... 20426 TERRE HAUTE...... IN 2 36 36 BMPCDT–20070125ADB. WLEX–TV ...... 73203 LEXINGTON ...... KY 18 39 39 BMPCDT–20050728AOP. KATC–TV ...... 33471 LAFAYETTE ...... LA 3 28 28 BMPCDT–20060906AAW. VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54767 Post Facility Current Current transi- Call sign ID # Community State NTSC DTV tion File No. channel channel channel KARD ...... 3658 WEST MONROE...... LA 14 36 36 BMPCDT–20070125ACR. WPME ...... 48408 LEWISTON...... ME 35 28 35 BLCDT–20060629ABK. WPXT ...... 53065 PORTLAND...... ME 51 43 43 BLCDT–20060714ABB. WAGM–DT ...... 48305 PRESQUE ISLE...... ME 8 16 8 BLCDT–20030807AEX. KDLH ...... 4691 DULUTH ...... MN 3 33 33 BMPCDT–20060519AAE. KTCA ...... 68594 ST. PAUL...... MN 2 34 34 BLEDT–20060802AAO. KODE ...... 18283 JOPLIN ...... MO 12 43 43 BMPCDT–20070125ACU. KSNF ...... 67766 JOPLIN...... MO 16 46 46 BMPCDT–20070125ACP. KSFX ...... 3659 SPRINGFIELD ...... MO 27 28 28 BMPCDT–20070116AAC. KTAJ ...... 999 ST. JOSEPH...... MO 16 21 21 BLCDT–20060703AAK. WABG–TV ...... 43203 GREENWOOD ...... MS 6 32 32 BLCDT–20051024ABR. KSVI ...... 5243 BILLINGS ...... MT 6 18 18 BPCDT–19991029ACI. KTVQ ...... 35694 BILLINGS ...... MT 2 10 10 BLCDT–20060802AYX. KRTV ...... 35567 GREAT FALLS...... MT 3 7 7 BLCDT–20060728AEO. KHMT ...... 47670 HARDIN ...... MT 4 22 22 BMPCDT–20070125ACV. KPAX ...... 35455 MISSOULA ...... MT 8 7 7 BLCDT–20070209AAZ. WUND ...... 69292 COLUMBIA ...... NC 2 20 20 BPEDT–20070112AHT. KFYR ...... 41427 BISMARCK ...... ND 5 31 31 BMPCDT–20060629AES. KVLY ...... 61961 FARO...... ND 11 44 44 BMPCDT–20060629AFS. KXJB ...... 49134 VALLEY CITY...... ND 4 38 38 BLCDT–20060831AAM. KETV ...... 53903 OMAHA ...... NE 7 20 20 BLCDT–20041222AED. KPTM ...... 51491 OMAHA...... NE 42 43 43 BLCDT–20051107AFO. KXVO ...... 23277 OMAHA ...... NE 15 38 15 BLCDT–20060809AFX. WGTW ...... 7623 BURLINGTON...... NJ 48 27 27 BLCDT–20060105AAR. KOB ...... 35313 ALBUQUERQUE ...... NM 4 26 26 BLCDT–20051003BQP. KVCW ...... 10195 LAS VEGAS...... NV 33 29 29 BLCDT–20070109AAW. KVMY ...... 10179 LAS VEGAS...... NV 21 22 22 BLCDT–20070109AAU. WICZ ...... 62210 BINGHAMTON ...... NY 40 8 8 BLCDT–20060320AFC. WNYO ...... 67784 BUFFALO...... NY 49 34 34 BLCDT–20061207ABR. WNYE ...... 6048 NEW YORK...... NY 25 24 24 BMPEDT–20070124AAX. WPTZ ...... 57476 NORTH POLE...... NY 5 14 14 BLCDT–20070116ACW. WNPI ...... 62137 NORWOOD...... NY 18 23 23 BLEDT–20050715ABZ. WROC ...... 73964 ROCHESTER ...... NY 8 45 45 BLCDT–20060418AAA. WUTR ...... 57837 UTICA ...... NY 20 30 30 BLCDT–20040217ADC. WGGN–DT ...... 11027 SANDUSKY...... OH 52 42 42 BMPCDT–20000501AIZ. KRSC–DT ...... 57431 CLAREMORE ...... OK 35 36 36 BLEDT–20061011AAM. KTUZ ...... 77480 SHAWNEE...... OK 30 29 29 BMPCDT–20060707AFM. KRCW ...... 10192 SALEM ...... OR 32 33 33 BMLCDT–20070123ABS. WTAJ ...... 23341 ALTOONA ...... PA 10 32 32 BLCDT–20051018ACE. WOLF ...... 73375 HAZLETON...... PA 56 45 45 BLCDT–20050906ACK. WQMY ...... 52075 WILLIAMSPORT ...... PA 53 29 29 BPCDT–19980825KJ. WMEI ...... 26676 ARECIBO...... PR 60 61 14 BMPCT–20060614ABI. WVSN ...... 67190 HUMACAO ...... PR 68 49 49 BMPCDT–20060719ACQ. WIPM–DT ...... 53863 MAYAGUEZ ...... PR 3 35 35 BLEDT–20060627ACQ. WJWJ–DT ...... 61007 BEAUFORT ...... SC 16 44 44 BLEDT–20060221AEJ. WJPM–DT ...... 61008 FLORENCE...... SC 33 45 45 BLED–20050324ACE. WNEH–DT ...... 60931 GREENWOOD ...... SC 38 18 18 BLEDT–20050322AGH. WMBF–TV ...... 83969 MYRTLE BEACH...... SC 32 ...... 32 BMPCDT–20060829BEG. WRET–DT ...... 61011 SPARTANBURG...... SC 49 43 43 BLEDT–20050324ACD. KPRY ...... 48660 PIERRE ...... SD 4 19 19 BLCDT–20021118ABY. KCSD ...... 60728 SIOUX FALLS...... SD 23 24 24 BLEDT–20040112ACM. KUSD ...... 61072 VERMILLION ...... SD 2 34 34 BDSTA–20060908ADD. WDSI ...... 71353 CHATTANOOGA...... TN 61 40 40 BMPCDT–20041229AAO. KRBC ...... 306 ABILENE ...... TX 9 29 29 BMPCDT–20070125ABY. KTAB ...... 59988 ABILENE...... TX 32 24 24 BMPCDT–20070125ABS. KAMR ...... 8523 AMARILLO ...... TX 4 19 19 BMPCDT–20070125ABO. KRIS–DT ...... 25559 CORPUS CHRISTI...... TX 6 13 13 BLCDT–20060628ABC. KAMC ...... 40820 LUBBOCK ...... TX 28 27 27 BMPCDT–20070125ABW. KJTV–DT ...... 55031 LUBBOCK ...... TX 34 35 35 BLCDT–20070201BKH. KLBK ...... 3660 LUBBOCK ...... TX 13 40 40 BMPCDT–20070125ABT. KLST ...... 31114 SAN ANGELO...... TX 8 11 11 BMPCDT–20070125ACQ. KSAN ...... 307 SAN ANGELO...... TX 3 16 16 BMPCDT–20070125ABX. KTAL ...... 35648 TEXARKANA ...... TX 6 15 15 BMPCDT–20070125ABR. KWBU ...... 6673 WACO ...... TX 34 20 20 BLEDT–20060622AAS. KAUZ ...... 6864 WICHITA FALLS...... TX 6 22 22 BPCDT–19991028ADQ. KFDX ...... 65370 WICHITA FALLS...... TX 3 28 28 BMPCDT–20070125ABU. WTJX ...... 70287 CHARLOTTE AMALIE...... VI 12 44 44 BPEDT–20060824ADL. WFFF–DT ...... 10132 BURLINGTON ...... VT 44 43 43 BPCDT–19991029ABX. KWPX ...... 56852 BELLEVUE ...... WA 33 32 33 BLCDT–20060405ACG. WFRV ...... 9635 GREEN BAY...... WI 5 39 39 BLCDT–20051004ABD. KBJR ...... 33658 SUPERIOR ...... WI 6 19 19 BMPCDT–20060519AAF. VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54768 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations Post Facility Current Current transi- Call sign ID # Community State NTSC DTV tion File No. channel channel channel WVVA–DT ...... 74176 BLUEFIELD ...... WV 6 46 46 BLCDT–20060929AEJ. Appendix D3—Granted Requests for Modified Coverage Area Current Current Post Call sign Facility Community State NTSC DTV transition ID # channel channel channel KUAC ...... 69315 FAIRBANKS ...... AK 9 24 9 WCIQ ...... 711 MOUNT CHEAHA...... AL 7 56 7 KFMB ...... 42122 SAN DIEGO...... CA 8 55 8 WVAN ...... 23947 SAVANNAH ...... GA 9 13 9 WGEM ...... 54275 QUINCY ...... IL 10 54 10 WREX ...... 73940 ROCKFORD ...... IL 13 54 13 WTHR ...... 70162 INDIANAPOLIS ...... IN 13 46 13 KTWU–DT ...... 70938 TOPEKA...... KS 11 23 11 WHDH–TV ...... 72145 BOSTON ...... MA 7 42 7 WDSE–TV ...... 17726 DULUTH ...... MN 8 38 8 KOMU–DT ...... 65583 COLUMBIA ...... MO 8 36 8 KTVM–TV ...... 18066 BUTTE ...... MT 6 33 6 KCFW ...... 18079 KALISPELL ...... MT 9 38 9 KECI–TV ...... 18084 MISSOULA ...... MT 13 40 13 WCTI–DT ...... 18334 NEW BERN...... NC 12 48 12 KJRR ...... 55364 JAMESTOWN ...... ND 7 18 7 KMOT ...... 41425 MINOT ...... ND 10 58 10 KHAS ...... 48003 HASTINGS ...... NE 5 21 5 KNOP ...... 49273 NORTH PLATTE...... NE 2 22 2 WENH–DT ...... 69237 DURHAM ...... NH 11 57 11 WPIX ...... 73881 NEW YORK...... NY 11 33 11 WPVI ...... 8616 PHILADELPHIA ...... PA 6 64 6 WQED ...... 41315 PITTSBURGH ...... PA 13 38 13 WSTE ...... 60341 PONCE ...... PR 7 8 7 WTVF ...... 36504 NASHVILLE ...... TN 5 56 5 KUHT ...... 69269 HOUSTON ...... TX 8 9 8 KOSA ...... 6865 ODESSA ...... TX 7 31 7 WCYB–TV ...... 2455 BRISTOL ...... VA 5 28 5 WCAX ...... 46728 BURLINGTON ...... VT 3 53 22 WBOY ...... 71220 CLARKSBURG...... WV 12 52 12 Appendix D4—Stations in Border Zones That Must File Post-Transition Applications Current Current Post Call sign Facility Community State DTV NTSC transition ID channel channel channel KTNL ...... 60519 SITKA ...... AK 2 13 7 KFTU–TV ...... 81441 DOUGLAS ...... AZ 0 3 36 KFPH–TV ...... 41517 FLAGSTAFF ...... AZ 27 13 13 KNAZ–TV ...... 24749 FLAGSTAFF ...... AZ 22 2 2 KUVE–TV ...... 63927 GREEN VALLEY...... AZ 47 46 46 KDTP ...... 83491 HOLBROOK ...... AZ ...... 11 11 KPNX ...... 35486 MESA ...... AZ 36 12 12 KAET ...... 2728 PHOENIX ...... AZ 29 8 8 KNXV–TV ...... 59440 PHOENIX ...... AZ 56 15 15 KSAZ–TV ...... 35587 PHOENIX ...... AZ 31 10 10 KTAZ ...... 81458 PHOENIX ...... AZ 39 39 39 KTVW–TV ...... 35705 PHOENIX...... AZ 34 33 33 KAZT–TV ...... 35811 PRESCOTT ...... AZ 25 7 7 KPPX ...... 26655 TOLLESON ...... AZ 52 51 51 KGUN ...... 36918 TUCSON ...... AZ 35 9 9 KHRR ...... 30601 TUCSON ...... AZ 42 40 40 KYMA ...... 74449 YUMA ...... AZ 41 11 11 960919KZ ...... 83825 BISHOP ...... CA ...... 20 20 KAJB ...... 40517 CALIPATRIA ...... CA 5 54 36 KGMC ...... 23302 CLOVIS...... CA 44 43 43 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54769 Current Current Post Call sign Facility Community State DTV NTSC transition ID channel channel channel KECY–TV ...... 51208 EL CENTRO...... CA 48 9 9 KSCI ...... 35608 LONG BEACH...... CA 61 18 18 KABC–TV ...... 282 LOS ANGELES...... CA 53 7 7 KCAL–TV ...... 21422 LOS ANGELES...... CA 43 9 9 KCBS–TV ...... 9628 LOS ANGELES...... CA 60 2 43 KCET ...... 13058 LOS ANGELES...... CA 59 28 28 KCOP–TV ...... 33742 LOS ANGELES...... CA 66 13 13 KMEX–TV ...... 35123 LOS ANGELES...... CA 35 34 34 KTTV ...... 22208 LOS ANGELES...... CA 65 11 11 KESQ–TV ...... 25577 PALM SPRINGS...... CA 52 42 42 KRCA ...... 22161 RIVERSIDE...... CA 68 62 45 KFMB–TV ...... 42122 SAN DIEGO...... CA 55 8 8 KGTV ...... 40876 SAN DIEGO...... CA 25 10 10 WEDW ...... 13594 BRIDGEPORT...... CT 52 49 49 WTXX ...... 14050 WATERBURY ...... CT 12 20 20 WXFT–TV ...... 60539 AURORA...... IL 59 60 50 WBBM–TV ...... 9617 CHICAGO ...... IL 3 2 12 WLS–TV ...... 73226 CHICAGO ...... IL 52 7 7 WGBO–TV ...... 12498 JOLIET ...... IL 53 66 38 WCLJ–TV ...... 68007 BLOOMINGTON...... IN 56 42 42 WSJV ...... 74007 ELKHART ...... IN 58 28 28 WTHR ...... 70162 INDIANAPOLIS ...... IN 46 13 13 WTTK ...... 56526 KOKOMO...... IN 54 29 29 WIPB ...... 3646 MUNCIE...... IN 52 49 23 WSBT–TV ...... 73983 SOUTH BEND...... IN 30 22 22 WHDH–TV ...... 72145 BOSTON ...... MA 42 7 7 WUTF–TV ...... 60551 MARLBOROUGH...... MA 23 66 27 WWDP ...... 23671 NORWELL...... MA 52 46 10 WNYA ...... 136751 PITTSFIELD ...... MA 0 51 13 WGBY–TV ...... 72096 SPRINGFIELD ...... MA 58 57 22 WGGB–TV ...... 25682 SPRINGFIELD...... MA 55 40 40 WHAG–TV ...... 25045 HAGERSTOWN ...... MD 55 25 26 WJAL ...... 10259 HAGERSTOWN ...... MD 16 68 39 WGPT ...... 40619 OAKLAND...... MD 54 36 36 WCBB ...... 39659 AUGUSTA...... ME 17 10 10 WLBZ ...... 39644 BANGOR ...... ME 25 2 2 WVII–TV ...... 3667 BANGOR ...... ME 14 7 7 WPME ...... 48408 LEWISTON...... ME 28 35 35 WMTW–TV ...... 73288 POLAND SPRING...... ME 46 8 8 WAGM–TV ...... 48305 PRESQUE ISLE...... ME 16 8 8 WMEM–TV ...... 39662 PRESQUE ISLE...... ME 20 10 10 WPFO ...... 84088 WATERVILLE ...... ME 0 23 23 WBKB–TV ...... 67048 ALPENA ...... MI 13 11 11 WCML ...... 9917 ALPENA ...... MI 57 6 24 WPXD ...... 5800 ANN ARBOR...... MI 33 31 31 WBSF ...... 82627 BAY CITY...... MI 0 46 46 WWTV ...... 26994 CADILLAC ...... MI 40 9 9 WBKP ...... 76001 CALUMET ...... MI 11 5 5 WJBK ...... 73123 DETROIT ...... MI 58 2 7 WKAR–TV ...... 6104 EAST LANSING...... MI 55 23 40 WFUM ...... 69273 FLINT...... MI 52 28 28 WJRT–TV ...... 21735 FLINT ...... MI 36 12 12 WZZM–TV ...... 49713 GRAND RAPIDS...... MI 39 13 13 WDHS ...... 15498 IRON MOUNTAIN...... MI 22 8 8 WBUP ...... 59281 ISHPEMING ...... MI 0 10 10 WWMT ...... 74195 KALAMAZOO ...... MI 2 3 2 WLNS–TV ...... 74420 LANSING ...... MI 59 6 36 WCMW ...... 9913 MANISTEE ...... MI 58 21 21 WMQF ...... 81448 MARQUETTE ...... MI 0 19 19 WNMU ...... 4318 MARQUETTE...... MI 33 13 13 WCMU–TV ...... 9908 MOUNT PLEASANT...... MI 56 14 26 WILX–TV ...... 6863 ONONDAGA ...... MI 57 10 10 WGTQ ...... 59279 SAULT STE.MARIE...... MI 9 8 8 WWUP–TV ...... 26993 SAULT STE.MARIE...... MI 49 10 10 WGTU ...... 59280 TRAVERSE CITY...... MI 31 29 29 WPBN–TV ...... 21253 TRAVERSE CITY...... MI 50 7 7 KCCO–TV ...... 9632 ALEXANDRIA ...... MN 24 7 7 KSAX ...... 35584 ALEXANDRIA ...... MN 36 42 42 KAWE ...... 49578 BEMIDJI ...... MN 18 9 9 KFTC ...... 83714 BEMIDJI ...... MN 0 26 26 KRII ...... 82698 CHISHOLM ...... MN 0 11 11 WDIO–TV ...... 71338 DULUTH ...... MN 43 10 10 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54770 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations Current Current Post Call sign Facility Community State DTV NTSC transition ID channel channel channel WDSE–TV ...... 17726 DULUTH ...... MN 38 8 8 WIRT ...... 71336 HIBBING...... MN 36 13 13 KARE ...... 23079 MINNEAPOLIS ...... MN 35 11 11 KMSP–TV ...... 68883 MINNEAPOLIS ...... MN 26 9 9 KSTC–TV ...... 35843 MINNEAPOLIS ...... MN 44 45 45 WFTC ...... 11913 MINNEAPOLIS ...... MN 21 29 29 KSTP–TV ...... 28010 ST. PAUL...... MN 50 5 35 KTCI–TV ...... 68597 ST. PAUL...... MN 16 17 26 KBRR ...... 55370 THIEF RIVERFALLS...... MN 57 10 10 KCCW–TV ...... 9640 WALKER ...... MN 20 12 12 KBTZ ...... 81438 BUTTE ...... MT 0 24 24 KTVM ...... 18066 BUTTE ...... MT 33 6 6 KLMN ...... 81331 GREAT FALLS...... MT 0 26 26 KBBJ ...... 83689 HAVRE ...... MT 0 9 9 KTVH ...... 5290 HELENA ...... MT 14 12 12 KCFW–TV ...... 18079 KALISPELL ...... MT 38 9 9 KBAO ...... 84794 LEWISTOWN ...... MT 0 13 13 KYUS–TV ...... 5237 MILES CITY...... MT 13 3 3 KECI–TV ...... 18084 MISSOULA ...... MT 40 13 13 KMMF ...... 81348 MISSOULA ...... MT 0 17 17 KTMF ...... 14675 MISSOULA...... MT 36 23 23 KUFM–TV ...... 66611 MISSOULA...... MT 27 11 11 KNDX ...... 82611 BISMARCK ...... ND 0 26 26 KXMB–TV ...... 55686 BISMARCK ...... ND 23 12 12 WDAZ–TV ...... 22124 DEVILS LAKE...... ND 59 8 8 KDSE ...... 53329 DICKINSON ...... ND 20 9 9 KQCD–TV ...... 41430 DICKINSON ...... ND 18 7 7 KFME ...... 53321 FARGO ...... ND 23 13 13 KVLY–TV ...... 61961 FARGO ...... ND 44 11 44 KCPM ...... 86208 GRAND FORKS...... ND 0 27 27 KGFE ...... 53320 GRAND FORKS...... ND 56 2 15 KJRR ...... 55364 JAMESTOWN ...... ND 18 7 7 KMCY ...... 22127 MINOT ...... ND 15 14 14 KMOT ...... 41425 MINOT ...... ND 58 10 10 KXMC–TV ...... 55685 MINOT...... ND 45 13 13 KXND ...... 82615 MINOT ...... ND 0 24 24 KNRR ...... 55362 PEMBINA ...... ND 15 12 12 KUMV–TV ...... 41429 WILLISTON ...... ND 52 8 8 WENH–TV ...... 69237 DURHAM ...... NH 57 11 11 WMUR–TV ...... 73292 MANCHESTER ...... NH 59 9 9 WFUT–TV ...... 60555 NEWARK ...... NJ 53 68 30 WNET ...... 18795 NEWARK ...... NJ 61 13 13 KOAT–TV ...... 53928 ALBUQUERQUE ...... NM 21 7 7 KRQE ...... 48575 ALBUQUERQUE...... NM 16 13 13 KTEL–TV ...... 83707 CARLSBAD ...... NM 0 25 25 KUPT ...... 27431 HOBBS ...... NM 16 29 29 KBIM–TV ...... 48556 ROSWELL...... NM 41 10 10 KOBR ...... 62272 ROSWELL ...... NM 38 8 8 KRPV ...... 53539 ROSWELL ...... NM 28 27 27 KRWB–TV ...... 84157 ROSWELL ...... NM 0 21 21 KOBG–TV ...... 85114 SILVER CITY...... NM 0 6 12 KOVT ...... 53911 SILVER CITY...... NM 12 10 10 WPXJ–TV ...... 2325 BATAVIA...... NY 53 51 23 870331LW ...... 72623 BATH ...... NY 0 14 14 WIVT ...... 11260 BINGHAMTON ...... NY 4 34 34 WWNY–TV ...... 68851 CARTHAGE ...... NY 35 7 7 WSKA ...... 78908 CORNING ...... NY 0 30 30 WYDC ...... 62219 CORNING ...... NY 50 48 48 WENY–TV ...... 71508 ELMIRA ...... NY 55 36 36 WETM–TV ...... 60653 ELMIRA ...... NY 2 18 18 WNYI ...... 34329 ITHACA ...... NY 0 52 20 WNYB ...... 30303 JAMESTOWN ...... NY 27 26 26 WABC–TV ...... 1328 NEW YORK...... NY 45 7 7 WCBS–TV ...... 9610 NEW YORK...... NY 56 2 33 WPIX ...... 73881 NEW YORK...... NY 33 11 11 WPXN–TV ...... 73356 NEW YORK...... NY 30 31 31 WLNY ...... 73206 RIVERHEAD...... NY 57 55 47 WHAM–TV ...... 73371 ROCHESTER...... NY 59 13 13 WHEC–TV ...... 70041 ROCHESTER ...... NY 58 10 10 WRGB ...... 73942 SCHENECTADY ...... NY 39 6 6 WNGS ...... 9088 SPRINGVILLE...... NY 46 67 46 WSPX–TV ...... 64352 SYRACUSE ...... NY 0 56 15 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54771 Current Current Post Call sign Facility Community State DTV NTSC transition ID channel channel channel WSTM–TV ...... 21252 SYRACUSE ...... NY 54 3 24 WVPX ...... 70491 AKRON ...... OH 59 23 23 WNEO ...... 49439 ALLIANCE ...... OH 46 45 45 WBGU–TV ...... 6568 BOWLING GREEN...... OH 56 27 27 WKRC–TV ...... 11289 CINCINNATI ...... OH 31 12 12 WJW ...... 73150 CLEVELAND ...... OH 31 8 8 WKYC–TV ...... 73195 CLEVELAND ...... OH 2 3 17 WTTE ...... 74137 COLUMBUS ...... OH 36 28 36 WPTD ...... 25067 DAYTON ...... OH 58 16 16 WBDT ...... 70138 SPRINGFIELD...... OH 18 26 26 WTOV–TV ...... 74122 STEUBENVILLE ...... OH 57 9 9 WTOL ...... 13992 TOLEDO ...... OH 17 11 11 WTVG ...... 74150 TOLEDO...... OH 19 13 13 KOAC–TV ...... 50590 CORVALLIS ...... OR 39 7 7 KFFX–TV ...... 12729 PENDLETON ...... OR 8 11 11 KGW ...... 34874 PORTLAND ...... OR 46 8 8 KNMT ...... 47707 PORTLAND ...... OR 45 24 24 KOPB–TV ...... 50589 PORTLAND ...... OR 27 10 10 KPTV ...... 50633 PORTLAND...... OR 30 12 12 KPXG ...... 5801 SALEM ...... OR 4 22 22 WLVT–TV ...... 36989 ALLENTOWN...... PA 62 39 39 WICU–TV ...... 24970 ERIE ...... PA 52 12 12 WJET–TV ...... 65749 ERIE...... PA 58 24 24 WHP–TV ...... 72313 HARRISBURG ...... PA 4 21 21 WPCW ...... 69880 JEANNETTE ...... PA 49 19 11P WWCP–TV ...... 20295 JOHNSTOWN ...... PA 29 8 8 WCAU ...... 63153 PHILADELPHIA ...... PA 67 10 34 WYBE ...... 28480 PHILADELPHIA ...... PA 34 35 35 WQED ...... 41315 PITTSBURGH ...... PA 38 13 13 WQEX ...... 41314 PITTSBURGH ...... PA 26 16 38 WSWB ...... 73374 SCRANTON...... PA 31 38 38 WNAC–TV ...... 73311 PROVIDENCE ...... RI 54 64 12 KTBC ...... 35649 AUSTIN ...... TX 56 7 7 KNIC–TV ...... 125710 BLANCO ...... TX ...... 17 18 KZTV ...... 33079 CORPUS CHRISTI...... TX 18 10 10 KCOS ...... 19117 EL PASO...... TX 30 13 13 KTSM–TV ...... 67760 EL PASO...... TX 16 9 9 KVIA–TV ...... 49832 EL PASO...... TX 17 7 7 KHOU–TV ...... 34529 HOUSTON ...... TX 31 11 11 KGNS–TV ...... 10061 LAREDO ...... TX 15 8 8 KVTV ...... 33078 LAREDO...... TX 14 13 13 KCBD ...... 27507 LUBBOCK ...... TX 9 11 11 KUPB ...... 86263 MIDLAND ...... TX 0 18 18 KMLM ...... 53541 ODESSA ...... TX 43 42 42 KOSA–TV ...... 6865 ODESSA ...... TX 31 7 7 KWES–TV ...... 42007 ODESSA ...... TX 13 9 9 KWWT ...... 84410 ODESSA ...... TX 0 30 30 KENS–TV ...... 26304 SAN ANTONIO...... TX 55 5 39 KLRN ...... 749 SAN ANTONIO...... TX 8 9 9 KSAT–TV ...... 53118 SAN ANTONIO...... TX 48 12 12 KWEX–TV ...... 35881 SAN ANTONIO...... TX 39 41 41 WOAI–TV ...... 69618 SAN ANTONIO...... TX 58 4 48 KPCB ...... 77452 SNYDER ...... TX 10 17 17 KLTV ...... 68540 TYLER ...... TX 10 7 7 KPXL ...... 61173 UVALDE ...... TX 0 26 26 WCAX–TV ...... 46728 BURLINGTON ...... VT 53 3 22 KWPX ...... 56852 BELLEVUE ...... WA 32 33 33 KQUP ...... 78921 PULLMAN ...... WA 0 24 24 KWSU–TV ...... 71024 PULLMAN ...... WA 17 10 10 KCTS–TV ...... 33749 SEATTLE ...... WA 41 9 9 KAYU–TV ...... 58684 SPOKANE ...... WA 30 28 28 KHQ–TV ...... 34537 SPOKANE ...... WA 15 6 7 KCPQ ...... 33894 TACOMA ...... WA 18 13 13 KSTW ...... 23428 TACOMA ...... WA 36 11 11 KPDX ...... 35460 VANCOUVER ...... WA 48 49 30 KAZW–TV ...... 84238 WALLA WALLA...... WA 9 9 9 WBIJ ...... 81503 CRANDON ...... WI ...... 4 4 WEAU–TV ...... 7893 EAU CLAIRE...... WI 39 13 13 WLUK–TV ...... 4150 GREEN BAY...... WI 51 11 11 WKBT ...... 74424 LA CROSSE...... WI 41 8 8 WLEF–TV ...... 63046 PARK FALLS...... WI 47 36 36 WAOW–TV ...... 64546 WAUSAU ...... WI 29 9 9 VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54772 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations Current Current Post Call sign Facility Community State DTV NTSC transition ID channel channel channel WSAW–TV ...... 6867 WAUSAU ...... WI 40 7 7 WFXS ...... 86204 WITTENBERG ...... WI 0 55 50 WBOY–TV ...... 71220 CLARKSBURG ...... WV 52 12 12 WOWK–TV ...... 23342 HUNTINGTON...... WV 47 13 13 WDTV ...... 70592 WESTON ...... WV 6 5 5 WTRF–TV ...... 6869 WHEELING ...... WV 32 7 7 Appendix D5—Granted Requests for Alternative Channel Assignments Current Current Post Call sign Facility Community State NTSC DTV Current transition ID # channel channel TCD channel KJNP ...... 20015 NORTH POLE...... AK 4 20 4 20 KTNL ...... 60519 SITKA ...... AK 13 2 2 7 KETZ ...... 92872 EL DORADO...... AR ...... 12 12 10 KBDI ...... 22685 BROOMFIELD ...... CO 12 38 38 13 WBBM–TV ...... 9617 CHICAGO ...... IL 2 3 11 12 KFJX ...... 83992 PITTSBURG ...... KS 14 0 14 13 WDBD ...... 71326 JACKSON ...... MS 40 41 41 40 WFUT ...... 60555 NEWARK...... NJ 68 53 41 30 KNMT ...... 47707 PORTLAND ...... OR 24 45 24 45 KEVN ...... 34347 RAPID CITY...... SD 7 18 18 7 960405KF ...... 81692 MEMPHIS ...... TN 14 ...... 14 23 KLCW ...... 77719 WOLFFORTH ...... TX 22 ...... 22 43 WOAY ...... 66804 OAK HILL...... WV 4 50 4 50 Appendix D6—Requests for Changes to Appendix B Antenna Information Current Current Post Call sign Facility ID # Community State NTSC DTV transition channel channel channel KQCA ...... 10242 STOCKTON...... CA 58 46 46 WFGX ...... 6554 FORT WALTONBEACH...... FL 35 50 50 WFSG ...... 6093 PANAMA CITY...... FL 56 38 38 WEAR ...... 71363 PENSACOLA ...... FL 3 17 17 WFSU ...... 21801 TALLAHASSEE ...... FL 11 32 32 WMUM ...... 23935 COCHRAN ...... GA 29 7 7 WKYU ...... 71861 BOWLING GREEN...... KY 24 18 18 WCVB ...... 65684 BOSTON ...... MA 5 20 20 KCWE ...... 64444 KANSAS CITY...... MO 29 31 31 WRAZ ...... 64611 RALEIGH ...... NC 50 49 49 WXII ...... 53921 WINSTON-SALEM ...... NC 12 31 31 KOCT ...... 53908 CARLSBAD ...... NM 6 19 19 KOFT ...... 53904 FARMINGTON ...... NM 3 8 8 WLWT ...... 46979 CINCINNATI ...... OH 5 35 35 WKRN ...... 73188 NASHVILLE ...... TN 2 27 27 KACV ...... 1236 AMARILLO ...... TX 2 8 8 WRIC ...... 74416 PETERSBURG ...... VA 8 22 22 Appendix D7—Denied Requests From New Applicants Current Current Call Sign Facility Community State NTSC DTV ID # channel channel New ...... 35855 SACRAMENTO ...... CA ...... New ...... 83711 WEAVERVILLE ...... CA 32 ...... New ...... OWENSBORO ...... KY 48 ...... New ...... 169025 KALISPELL ...... MT ...... 46 New ...... TULSA ...... OK 26 ...... VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations 54773 [FR Doc. E7–18248 Filed 9–25–07; 8:45 am] BILLING CODE 6712–01–P VerDate Aug<31>2005 19:58 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER2.SGM 26SER2 jlentini on PROD1PC65 with RULES2 54774 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules FEDERAL COMMUNICATIONS SUMMARY: This document corrects the Correction COMMISSION Ordering Clauses to a proposed rule published in the Federal Register on In the Federal Register of September 47 CFR Part 73 September 10, 2007 concerning a 10, 2007, in 72 FR 51575, on page request for comments on proposed 51580, make the following correction in [MB Docket No. 87–268; FCC 07–138] changes to the final digital television the SUPPLEMENTARY INFORMATION section. (DTV) Table of Allotments. Paragraphs On page 51580, remove the paragraphs Advanced Television Systems and 41 and 42 were inadvertently included numbered 41 and 42. Their Impact Upon the Existing in the ordering clauses and will be Federal Communications Commission. removed. Broadcast Service Marlene H. Dortch, FOR FURTHER INFORMATION CONTACT: For Secretary. AGENCY: Federal Communications additional information on this [FR Doc. E7–18245 Filed 9–25–07; 8:45 am] Commission. proceeding, contact Kim Matthews of BILLING CODE 6712–01–P ACTION: Proposed rule; correction. the Media Bureau, Policy Division, (202) 418–2120. VerDate Aug<31>2005 20:00 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP2.SGM 26SEP2 jlentini on PROD1PC65 with PROPOSALS2 Wednesday, September 26, 2007 Part III Department of Veterans Affairs 38 CFR Part 5 Improved Pension; Proposed Rule VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54776 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules DEPARTMENT OF VETERANS Force: Report to the Secretary of Maximum Annual Pension Rates AFFAIRS Veterans Affairs.’’ The Task Force 5.400 Maximum annual pension rates for recommended that the compensation veterans, surviving spouses, and 38 CFR Part 5 and pension regulations be rewritten surviving children. RIN 2900–AM04 and reorganized in order to improve 5.401 Automatic adjustment of maximum VA’s claims adjudication process. annual pension rates. Improved Pension Therefore, the Project began its efforts by reviewing, reorganizing, and Improved Pension Income, Net Worth, and Dependency AGENCY: Department of Veterans Affairs. redrafting the content of the regulations ACTION: Proposed rule. in 38 CFR part 3 governing the 5.410 Countable annual income. compensation and pension program of 5.411 Counting a child’s income for SUMMARY: The Department of Veterans the Veterans Benefits Administration. Improved Pension. Affairs (VA) proposes to reorganize and These regulations are among the most 5.412 Income exclusions for calculating rewrite in plain language its Improved difficult VA regulations for readers to countable annual income. Pension regulations. These revisions are understand and apply. 5.413 Income deductions for calculating proposed as part of VA’s rewrite and adjusted annual income. reorganization of all of its compensation Once rewritten, the proposed 5.414 Net worth determinations for and pension rules in a logical, claimant- regulations will be published in several Improved Pension. focused, and user-friendly format. The portions for public review and 5.415 Effective dates for Improved Pension intended effect of the proposed comment. This is one such portion. It awards based on a change in net worth. revisions is to assist claimants, includes proposed rules that apply to 5.416 Persons considered as dependents for beneficiaries, and VA personnel in VA’s Improved Pension program. After Improved Pension. locating and understanding these review and consideration of public 5.417 Child custody for Improved Pension. Improved Pension regulations. comments, final versions of these Improved Pension—Income Reporting DATES: Comments must be received by proposed regulations will ultimately be published in a new part 5 in 38 CFR. Periods, Payments, Effective Dates, and Time VA on or before November 26, 2007. Limits ADDRESSES: Written comments may be Outline 5.420 Reporting periods for Improved submitted through http:// Overview of New Part 5 Organization Pension. www.regulations.gov; by mail or hand- 5.421 How VA calculates an Improved delivery to: Director, Regulations Overview of This Notice of Proposed Pension payment amount. Management (00REG), Department of Rulemaking 5.422 Effective dates for changes to Veterans Affairs, 810 Vermont Ave., Table Comparing Current Part 3 Rules With Improved Pension payments due to a NW., Room 1068, Washington, DC Proposed Part 5 Rules change in income. 20420; or by fax to (202) 273–9026. 5.423 Improved Pension determinations Background Information Comments should indicate that they are when anticipated annual income is submitted in response to ‘‘RIN 2900– Content of Proposed Regulations uncertain. AM04—Improved Pension.’’ Copies of 5.424 Time limits to establish entitlement Improved Pension Requirements—Veterans, comments received will be available for to Improved Pension or to increase the Surviving Spouses, and Surviving Children public inspection in the Office of annual Improved Pension amount based Regulation Policy and Management, 5.370 Definitions for Improved Pension. on income. Room 1063B, between the hours of 8 5.371 Eligibility and entitlement 5.425 Frequency of payment of Improved a.m. and 4:30 p.m., Monday through requirements for Improved Pension. Pension benefits. Friday (except holidays). Please call 5.372 Wartime service requirements for (202) 273–9515 for an appointment. In Improved Pension. Improved Death Pension Marriage Date addition, during the comment period, 5.373 Evidence of age in Improved Pension Requirements and Effective Dates comments may be viewed online claims. 5.430 Marriage date requirements for Improved Death Pension. through the Federal Docket Management Improved Disability Pension—Disability System (FDMS) at http:// Determinations and Effective Dates 5.431 Effective dates for Improved Death www.regulations.gov. Pension. 5.380 Disability requirements and 5.432 Deemed valid marriages and FOR FURTHER INFORMATION CONTACT: presumptions for Improved Disability contested claims for Improved Death William F. Russo, Director of Pension. Pension. Regulations Management (00REG), 5.381 Permanent and total disability ratings 5.433 Effective date of discontinuance of for Improved Disability Pension Department of Veterans Affairs, 810 Improved Death Pension payments to a purposes. Vermont Avenue, NW., Washington, DC beneficiary no longer recognized as the 5.382 Improved Disability Pension— 20420, (202) 273–9515. veteran’s surviving spouse. combining disability ratings. SUPPLEMENTARY INFORMATION: The 5.434 Award, or discontinuance of award, 5.383 Effective dates for awards of Secretary of Veterans Affairs has of Improved Death Pension to a Improved Disability Pension. established an Office of Regulation surviving spouse where Improved Death Policy and Management to provide Special Monthly Pension Eligibility for Pension payments to a child are centralized management and Veterans and Surviving Spouses involved. coordination of VA’s rulemaking 5.390 Special monthly pension for veterans 5.435 Calculating annual Improved Pension process. One of the major functions of and surviving spouses at the aid and amounts for surviving children. this office is to oversee a Regulation attendance rate. Rewrite Project (the Project) to improve 5.391 Special monthly pension for veterans the clarity and consistency of existing and surviving spouses at the housebound VA regulations. The Project responds to rate. a recommendation made in the October 5.392 Effective dates for awards of special 2001 ‘‘VA Claims Processing Task monthly pension. VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54777 Non-inclusion of Other Part 3 Provisions of determining eligibility for VA The portion concerning DIC benefits Endnote Regarding Amendatory Language benefits. It would also provide the and general provisions relating to proof evidence requirements for these of death and service-connected cause of Paperwork Reduction Act determinations. This subpart was death was published on October 21, Regulatory Flexibility Act published as proposed on September 20, 2005. See 70 FR 61326. 2006. See 71 FR 55052. ‘‘Subpart H—Special and Ancillary Executive Order 12866 ‘‘Subpart E—Claims for Service Benefits for Veterans, Dependents, and Unfunded Mandates Connection and Disability Survivors’’ would pertain to special and Compensation’’ would define service- ancillary benefits available, including Catalog of Federal Domestic Assistance Numbers and Titles connected disability compensation and benefits for children with various birth service connection, including direct and defects. This subpart was published as List of Subjects in 38 CFR Part 5 secondary service connection. This proposed on March 9, 2007. See 72 FR Overview of New Part 5 Organization subpart would inform readers how VA 10860. determines service connection and ‘‘Subpart I—Benefits for Certain We plan to organize the new part 5 entitlement to disability compensation. Filipino Veterans and Survivors’’ would regulations so that most provisions The subpart would also contain those pertain to the various benefits available governing a specific benefit are located provisions governing presumptions to Filipino veterans and their survivors. in the same subpart, with general related to service connection, rating This subpart was published as proposed provisions pertaining to all principles, and effective dates, as well on June 30, 2006. See 71 FR 37790. compensation and pension benefits also as several special ratings. This subpart ‘‘Subpart J—Burial Benefits’’ would grouped together. This organization will will be published as three separate pertain to burial allowances. allow claimants, beneficiaries, and their NPRMs due to its size. The first, ‘‘Subpart K—Matters Affecting the representatives, as well as VA concerning presumptions related to Receipt of Benefits’’ would contain personnel, to find information relating service connection, was published on provisions regarding bars to benefits, to a specific benefit more quickly than July 27, 2004. See 69 FR 44614. forfeiture of benefits, and renouncement the organization provided in current ‘‘Subpart F—Nonservice-Connected of benefits. This subpart was published part 3. Disability Pensions and Death as proposed on May 31, 2006. See 71 FR The first major subdivision would be Pensions’’ would include information 31056. ‘‘Subpart A—General Provisions.’’ It regarding the three types of nonservice- ‘‘Subpart L—Payments and would include information regarding connected pension: Old-Law Pension, Adjustments to Payments’’ would the scope of the regulations in new part Section 306 Pension, and Improved include general rate-setting rules, 5, delegations of authority, general Pension. This subpart would also several adjustment and resumption definitions, and general policy include those provisions that state how regulations, and election-of-benefit provisions for this part. This subpart to establish eligibility and entitlement to rules. Because of its size, proposed was published as proposed on March Improved Pension, and the effective regulations in subpart L will be 31, 2006. See 71 FR 16464. dates governing each pension. This published in two separate NPRMs. ‘‘Subpart B—Service Requirements for subpart will be published as two The final subpart, ‘‘Subpart M— Veterans’’ would include information separate NPRMs due to its size. The Apportionments to Dependents and regarding a veteran’s military service, portion concerning Old-Law Pension, Payments to Fiduciaries and including the minimum service Section 306 Pension, and elections of Incarcerated Beneficiaries,’’ would requirement, types of service, periods of Improved Pension was published as include regulations governing war, and service evidence requirements. proposed on December 27, 2004. See 69 apportionments, benefits for This subpart was published as proposed FR 77578. The portion concerning incarcerated beneficiaries, and on January 30, 2004. See 69 FR 4820. eligibility and entitlement requirements, guardianship. ‘‘Subpart C—Adjudicative Process, as well as effective dates for Improved Some of the regulations in this NPRM General’’ would inform readers about Pension is the subject of this document. cross-reference other compensation and claims and benefit filing procedures, ‘‘Subpart G—Dependency and pension regulations. If those regulations VA’s duties, rights and responsibilities Indemnity Compensation, Death have been published in this or earlier of claimants and beneficiaries, general Compensation, Accrued Benefits, and NPRMs for the Project, we cite the evidence requirements, and general Special Rules Applicable Upon Death of proposed part 5 section. We also effective dates for new awards, as well a Beneficiary’’ would contain include, in the relevant portion of the as revision of decisions and protection regulations governing claims for Supplementary Information, the Federal of VA ratings. This subpart will be dependency and indemnity Register page where a proposed part 5 published as three separate Notices of compensation (DIC); death section published in an earlier NPRM Proposed Rulemaking (NPRMs) due to compensation; accrued benefits; benefits may be found. However, where a its size. The first, concerning the duties awarded, but unpaid at death; and regulation proposed in this NPRM of VA and the rights and responsibilities various special rules that apply to the would cross-reference a proposed part 5 of claimants and beneficiaries, was disposition of VA benefits, or proceeds regulation that has not yet been published on May 10, 2005. See 70 FR of VA benefits, when a beneficiary dies. published, we cite to the current part 3 24680. The second, covering general This subpart would also include related regulation that deals with the same evidence requirements, effective dates definitions, effective-date rules, and subject matter. The current part 3 for awards, revision of decisions, and rate-of-payment rules. This subpart was section we cite may differ from its protection of VA ratings, was published published as two separate NPRMs due eventual part 5 counterpart in some as proposed on May 22, 2007. See 72 FR to its size. The portion concerning respects, but we believe this method 28770. accrued benefits, death compensation, will assist readers in understanding ‘‘Subpart D—Dependents and special rules applicable upon the death these proposed regulations where no Survivors’’ would inform readers how of a beneficiary, and several effective- part 5 counterpart has yet been VA determines whether an individual is date rules, was published as proposed published. If there is no part 3 a dependent or a survivor for purposes on October 1, 2004. See 69 FR 59072. counterpart to a proposed part 5 VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54778 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules regulation that has not yet been Based in whole or in Based in whole or in published, we have inserted Proposed part 5 part on 38 CFR part Proposed part 5 part on 38 CFR part ‘‘[regulation that will be published in a section or paragraph 3 section or para- section or paragraph 3 section or para- future Notice of Proposed Rulemaking]’’ graph (or ‘‘New’’) graph (or ‘‘New’’) where the part 5 regulation citation 5.391(b) ...... New 5.414(a)(4) ...... 3.276(b) would be placed. 5.391(c) ...... 3.351(f) 5.414(b) ...... 3.274(a), (c) Because of its large size, proposed 5.392 ...... 3.401(a)(1); 5.414(c)(1) ...... 3.274(b), (d) part 5 will be published in a number of 3.402(c)(1) 5.414(c)(2) ...... 3.274(e) NPRMs, such as this one. VA will not 5.400(a) ...... 3.23(a); 3.24(b) 5.414(c)(3) ...... 3.275(e) adopt any portion of part 5 as final until 5.400(a)(1) ...... 3.23(a)(1) 5.414(d) ...... 3.275(d) all of the NPRMs have been published 5.400(a)(2) ...... 3.23(a)(3) 5.414(e)(1) ...... 3.275(h) 5.400(a)(3) ...... 3.23(a)(2) 5.414(e)(2)–(5) ...... New for public comment. 5.415 ...... 3.660(a)(2), (d) In connection with this rulemaking, 5.400(a)(4) ...... 3.23(a)(4) 5.400(a)(5) ...... 3.23(a)(5) 5.416(a) ...... 3.23(d)(1); 3.60 VA will accept comments relating to a 5.400(a)(6) ...... 3.23(a)(7) 5.416(b) ...... 3.23(d)(1) prior rulemaking issued as a part of the 5.400(a)(7) ...... 3.23(a)(6) 5.416(c) ...... 3.23(d)(4), (5) Project, if the matter being commented 5.400(a)(8) ...... 3.24(b) 5.417(a)–(c) ...... 3.57(d)(1) on relates to both rulemakings. 5.400(b) ...... 3.23(c) 5.417(d), (e) ...... 3.57(d)(2) 5.400(c) ...... New; 3.23(a)(5) 5.417(f), (g) ...... 3.57(d)(3) Overview of This Notice of Proposed 5.401(a) ...... 3.27(a) 5.420 ...... New Rulemaking 5.401(b) ...... 3.23(a), (c); 3.24(b); 5.421 ...... 3.29(b); 3.273 intro, This NPRM pertains to the Improved 3.27(e) (a), (b) 5.422(a)(1) ...... New Pension program. These regulations 5.410(a) ...... 3.271(a) 5.410(b)(1) ...... 3.23(d)(4) 5.422(a)(2) ...... 3.660(a)(2) would be contained in proposed 5.410(b)(2) ...... 3.23(d)(5) 5.422(b) ...... 3.660(b), (c) Subpart F of new 38 CFR part 5. 5.410(b)(3) ...... New 5.423(a) ...... 3.271(f)(1) Although these regulations have been 5.410(c)(intro) ...... 3.271(a) 5.423(b) ...... 3.271(f)(2) substantially restructured and rewritten 5.410(c)(1) ...... 3.271(a)(1), 3.273(d) 5.424(a)–(c) ...... 3.660(b) for greater clarity and ease of use, most 5.410(c)(2) ...... 3.271(a)(3), 3.273(c) 5.424(d) ...... New of the basic concepts contained in these 5.410(c)(3) ...... 3.271(a)(2), 3.273(d) 5.425 ...... 3.30 intro, (a)–(d), (f) proposed regulations are the same as in 5.410(d) ...... 3.276(a) 5.430(a) ...... 3.54 intro, (a)(2) 5.410(e) ...... 3.271(b) 5.430(a)(1) ...... 3.54(a)(1) their existing counterparts in 38 CFR 5.430(a)(2) ...... 3.54(a)(3) part 3. However, a few substantive 5.410(f)(1), (2) ...... 3.271(d) 5.410(f)(3) ...... New 5.430(b) ...... 3.54(e) differences are proposed, as are some 5.411(a)(1) ...... 3.23(d)(5), (6); 5.431(a) ...... New regulations that do not have 3.272(m) 5.431(b) ...... 3.400(c) counterparts in 38 CFR part 3. 5.411(a)(2) ...... 3.23(d)(4), (5), 5.432 ...... 3.52(d) 5.433 ...... 3.657(a) Table Comparing Current Part 3 Rules 3.272(m) 5.411(b) ...... 3.23(d)(6) (second 5.434 ...... 3.503(a)(9); 3.657(b) With Proposed Part 5 Rules sentence) 5.435 ...... 3.24; 3.57(d)(2) The following table shows the 5.411(c) ...... 3.272(j) relationship between the current 5.412(a) ...... 3.272(a), (l) Readers who use this table to compare regulations in part 3 and the proposed 5.412(a)(1) ...... 3.272(b) existing regulatory provisions with the regulations contained in this NPRM: 5.412(a)(2) ...... New proposed provisions, and who observe a 5.412(a)(3) ...... 3.272(l) substantive difference between them, Based in whole or in 5.412(b)(1) ...... 3.272(c) should consult the text that appears Proposed part 5 part on 38 CFR part 5.412(b)(2), (3) ...... New later in this document for an section or paragraph 3 section or para- 5.412(c) ...... 3.272(d) explanation of significant changes in graph (or ‘‘New’’) 5.412(d) ...... 3.272(e) each regulation. Not every paragraph of 5.412(e) ...... 3.272(f) 5.370 ...... 3.23(a), (d)(4) and 5.412(f) ...... 3.272(n) every current part 3 section regarding (5); 3.24(a); 5.412(g) ...... 3.272(s) the subject matter of this rulemaking is 3.271(a), (h); 5.412(h)–(j) ...... New accounted for in the table. In some 3.351(b), (f) 5.412(k)(1) ...... 3.272(q) instances, other portions of the part 3 5.371(a) ...... New 5.412(k)(2)–(8) ...... New sections that are addressed in these 5.371(b) ...... 3.3(a)(3) 5.413(a) ...... 3.272 (intro) proposed regulations will appear in 5.371(c) ...... 3.3(b)(4) 5.413(b)(intro) ...... 3.272(g)(intro) subparts of part 5 that are being 5.371(d) ...... 3.3(a)(3)(v), (b)(4)(iii) 5.413(b)(1) ...... 3.272(g)(1)(iii), (2)(iii) published separately for public 5.372(a) ...... 3.3(a)(3) 5.413(b)(2)(i) ...... 3.272(g)(1)(i) comment. For example, a reader might 5.372(b) ...... 3.3(a)(3)(i)–(iv), 5.413(b)(2)(ii) ...... 3.272(g)(2)(i) (b)(4)(i) 5.413(b)(2)(iii) ...... 3.272(g)(3) find a reference to paragraph (a) of a 5.372(c) ...... 3.3(b)(4)(ii) 5.413(c)(1)(i) ...... 3.272(h) part 3 section in the table, but no 5.373 ...... 3.208 5.413(c)(1)(ii) ...... New reference to paragraph (b) of that section 5.380 ...... 3.3(a)(3)(vi)(A), (B)(1) 5.413(c)(1)(iii) ...... 3.272(h)(1)(ii) because paragraph (b) will be addressed and (2) 5.413(c)(2)(i)–(iii) ...... 3.272(h)(1)(ii), (2) in a separate NPRM. The table also does 5.381 ...... 3.342 5.413(c)(2)(iv) ...... 3.272(h)(1)(i) not include provisions from part 3 5.382 ...... 3.323(b) 5.413(c)(3) ...... 3.272(h)(1)(ii) regulations that will not be repeated in 5.383(a) ...... 3.400(intro), 5.413(d) ...... 3.272(i) part 5. Such provisions are discussed (b)(1)(intro), 5.413(e) ...... New specifically under the appropriate part 5 (b)(1)(ii)(A) 5.413(f) ...... 3.271(g) 5.383(b) ...... 3.151(b); 5.413(g)(1) ...... 3.271(c)(1) heading in this preamble. Readers are 3.400(b)(1)(ii)(B) 5.413(g)(2) ...... 3.271(c)(2) invited to comment on the proposed 5.390(a) ...... 3.351(b) 5.413(g)(3) ...... 3.271(c)(3) part 5 provisions and also on our 5.390(b) ...... 3.351(c) 5.414(a)(1), (2) ...... 3.275(b) proposals to omit those part 3 5.391(a) ...... 3.351(d) 5.414(a)(3) ...... 3.275(c) provisions from part 5. VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54779 Background Information described in § 5.413, rounded down to money orders as well, to include the The term ‘‘Improved Pension’’ is the nearest dollar.’’ Readers already market value of goods or services derived from the ‘‘Veterans’ and familiar with the Improved Pension received in lieu of cash. Although ‘‘Special Monthly Pension’’ Survivors’ Pension Improvement Act of program will recognize the definition of is not defined in the current regulations, 1978,’’ Public Law 95–588, 92 Stat. ‘‘adjusted annual income’’ as we propose to offer a definition to 2508. Improved Pension is the current synonymous with what is commonly clarify for readers that Special Monthly nonservice-connected disability or termed within VA as ‘‘Income for VA Pension is a higher maximum annual death pension program that VA offers to Purposes’’ or ‘‘IVAP.’’ The proposed definition of ‘‘adjusted annual income’’ pension rate applicable to a veteran or new VA pension applicants. The combines most of current § 3.271 with surviving spouse by reason of a Improved Pension designation paragraphs (d)(4) and (d)(5) of § 3.23, disability or disabilities ratable at 60 distinguishes this program from and current § 3.276(a). percent or more, their housebound ‘‘Section 306’’ Pension and ‘‘Old-Law’’ We also propose to standardize status or their need for the aid and Pension, the nonservice-connected references to the actual amount of attendance of another person in disability or death pension programs VA Improved Pension VA pays by using the performing their daily living habits. The offered to new VA pension applicants term, ‘‘Annual Improved Pension statutory authority for pension at this before January 1, 1979. Statutes that amount.’’ Using standardized terms will rate is contained in 38 U.S.C. 1521(d) pertain to Improved Pension are help reduce confusion in these and (e), and 1541(d) and (e). primarily found in chapter 15 of title 38, regulations. We propose to define Proposed § 5.370 defines a surviving United States Code. ‘‘annual Improved Pension amount’’ as child for Improved Pension purposes as The regulations in this NPRM apply ‘‘the amount of Improved Pension one who is eligible for Improved Death only to Improved Pension. We recognize payable to a beneficiary, calculated as Pension and who is not in the custody that in the past, some of the regulations the maximum annual pension rate of a surviving spouse eligible for on which these proposed regulations are minus adjusted annual income.’’ This Improved Death Pension. This based applied to Old-Law Pension and/ definition is based on current § 3.23(b), definition is critical to understanding or Section 306 Pension, as well as which requires VA to calculate an the Improved Pension program because Improved Pension. However, claimants award of pension by subtracting the a child who is in the custody of a can no longer establish entitlement to amount of the countable annual income surviving spouse who has basic Old-Law Pension or Section 306 of the veteran or surviving spouse from eligibility to receive Improved Pension Pension programs. Therefore, certain the maximum annual pension rate. has no separate eligibility. A child in regulations that once applied to other We define ‘‘countable annual income’’ this circumstance is a dependent of the pension programs now apply to as ‘‘payments of any kind from any surviving spouse and would be Improved Pension only. Examples source’’ unless specifically excluded. included in the surviving spouse’s include regulations pertaining to This definition is also consistent with award. establishing wartime service, marriage current VA regulations. dates, and determinations of permanent We propose to define the term Section 5.371 Eligibility and and total disability. Those regulations ‘‘maximum annual pension rate’’ as the Entitlement Requirements for Improved form the basis for many of the pension rate payable to a beneficiary Pension regulations in this NPRM. whose income is zero. The term Proposed § 5.371 is based on current §§ 3.3(a)(3), 3.3(b)(4), and 3.24(a). In this Content of Proposed Regulations ‘‘maximum annual pension rate,’’ or ‘‘MAPR,’’ is well-known and regulation concerning Improved Improved Pension Requirements— understood by persons familiar with the Pension, we provide an overview of the Veterans, Surviving Spouses, and Improved Pension program, and the Improved Pension program and the Surviving Children definition reflects the common specific criteria that must be met to understanding of the terms. More receive payments under this program. Section 5.370 Definitions for Improved importantly, we believe this term is Proposed § 5.371(a) is an introductory Pension necessary to avoid confusion. The statement intended to give readers a Proposed § 5.370 contains definitions authorizing statute, 38 U.S.C. 1521, general overview of the Improved of certain basic terms used throughout refers to pension paid at one of several Pension program. This section explains the regulations governing Improved ‘‘annual rate[s],’’ which are then that Improved Pension claimants must Pension benefits. The proposed reduced by the claimant’s or be both eligible and entitled before definitions will make these regulations beneficiary’s annual income in order to benefits can be paid. We propose to use easier to use and understand. determine the actual annual amount the term ‘‘eligibility’’ to refer to the age We propose to use the terms payable. In other words, a beneficiary and service requirements applicable to ‘‘adjusted annual income’’ and may receive the statutory ‘‘annual rate Improved Pension awards, while the ‘‘maximum annual pension rate’’ of pension’’ (i.e., the MAPR) only if his income and net worth requirements throughout part 5. The definitions of or her adjusted annual income is zero. applicable to Improved Pension will be both of these terms are based on We believe it is essential to emphasize referred to as ‘‘entitlement’’ sections 1503, 1521, 1541 and 1542 of that these statutory rates are maximum requirements. title 38, United States Code. Section rates. We recognize that in common usage 1503 provides that ‘‘annual income’’ for We propose to define ‘‘payments’’ as there is little, if any, difference between Improved Pension purposes consists of cash and cash equivalents (such as the words ‘‘eligible’’ and ‘‘entitled.’’ all payments, subject to certain checks and other negotiable Both terms generally mean ‘‘qualified,’’ exceptions. 38 U.S.C. 1503(a). We instruments), and the fair market value but defining these terms will make the propose, rather than refer to ‘‘annual of personal services, goods or room and Improved Pension regulations easier to income,’’ to refer to ‘‘adjusted annual board received in lieu of other forms of understand. A veteran is ‘‘eligible’’ for income.’’ We propose to define payment. It is important that readers Improved Disability Pension if he or she ‘‘adjusted annual income’’ as ‘‘countable know that not only is currency meets the basic requirements found in annual income minus deductions considered income, but checks and 38 U.S.C. 1521(a) or 1513 concerning VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54780 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules wartime service and disability or age 65. clarify that a claimant or beneficiary is Section 5.373 Evidence of Age in A surviving spouse is ‘‘eligible’’ for entitled to Improved Pension benefits Improved Pension Claims Improved Death Pension if the veteran only when the claimant’s or Proposed § 5.373 is based on current met the basic requirements found in beneficiary’s adjusted annual income is § 208. No substantive changes are section 1541(a) concerning wartime lower than the applicable maximum intended. service and disability. A surviving child annual pension rate and when the is ‘‘eligible’’ for Improved Death claimant’s or beneficiary’s net worth Improved Disability Pension—Disability Pension if the veteran met the basic does not bar benefit payments. Determinations and Effective Dates requirements of section 1542 concerning Section 5.380 Disability Requirements wartime service and disability and if the Section 5.372 Wartime Service and Presumptions for Improved child is not in the custody of an eligible Requirements for Improved Pension Disability Pension surviving spouse. Veterans, surviving spouses, or surviving children are Proposed § 5.372 pertains to veterans, Proposed § 5.380 is based on ‘‘entitled’’ to Improved Pension benefit surviving spouses, and surviving paragraphs (a)(3)(vi)(A) and (B)(1) and payments only so long as their income children. The definition of a surviving (2) of current § 3.3. We propose no is within statutory limits and their net spouse is contained in proposed § 5.200, substantive changes. We propose not to worth does not bar payment. It is which was published in the Federal include paragraphs (a)(3)(vi)(B)(3) and important to maintain a distinction Register on September 20, 2006, in RIN (4) in part 5 because these current between ‘‘eligibility’’ and ‘‘entitlement’’ 2900–AL94. See 71 FR 55052. Proposed paragraphs are redundant of current in the regulations governing Improved § 5.200 defines surviving spouse as a §§ 3.340 and 3.342, and those criteria Pension. person who met all of the requirements would be made expressly applicable to We propose to refer to the pension for being a spouse in proposed § 5.190 part 5 Improved Pension claims by program for veterans as ‘‘Improved at the time the veteran died, who has proposed § 5.381. Disability Pension’’ and the program for not remarried, and who lived Section 5.381 Permanent and Total survivors as ‘‘Improved Death Pension.’’ continuously with the veteran from the Proposed § 5.371(b) is based on current Disability Ratings for Improved date of marriage to the date of the § 3.3(a)(3), and describes the eligibility Disability Pension Purposes veteran’s death. A surviving child for criteria for Improved Disability Pension We propose to repeat most of the Improved Pension purposes is defined for veterans. We recognize that the content of § 3.342 in § 5.381 with minor ‘‘disability’’ designation is a misnomer in proposed § 5.370 as a child who is technical changes, and cross reference because veterans are no longer required eligible for Improved Death Pension as to current § 3.340, ‘‘Total and to be disabled to receive Improved the surviving child of a deceased permanent total ratings and Disability Pension if they have attained wartime veteran and who is not in the unemployability,’’ for other qualifying age 65. A veteran having reached age 65 custody of a surviving spouse eligible to criteria. However, we propose not to who meets the service requirements of receive Improved Death Pension. repeat the provisions of § 3.342(c), 38 U.S.C. 1521 may be paid Improved Proposed § 5.372 is based on which concern a temporary program of Disability Pension without a paragraphs (a)(3)(i) through (iv) as well vocational training for certain new documented total and permanent as paragraphs (b)(4)(i) and (ii) of current pension recipients. This program was disability as long as the entitlement § 3.3. These paragraphs currently based on 38 U.S.C. 1524 and allowed criteria have been met. See 38 U.S.C. provide the wartime service periods for veterans who were awarded Improved 1513. However, we propose to retain the Improved Pension. Proposed § 5.372(a) Pension to receive vocational long-standing and statutory ‘‘disability includes a cross-reference to the rehabilitation and employment services pension’’ designations to distinguish it proposed wartime service regulation in from VA. However, Congress included a from other pension benefits. provision allowing the Secretary of Proposed § 5.371(c) describes the § 5.20 (69 FR 4832), so that persons who require more specific provisions Veterans Affairs to set a reasonable time eligibility criteria for Improved Death limit for veterans to participate in the concerning wartime periods may easily Pension for a deceased veteran’s program. Specifically, § 1524(b)(4) states find them. Consistent with our proposal surviving spouse or surviving child. that: Under 38 U.S.C. 1541 and 1542, it is not in a prior NPRM (69 FR 4822), we required that the veteran’s death be would shorten the term, ‘‘active A veteran may not begin pursuit of a nonservice-connected in order for the military, naval, or air service,’’ to vocational training program under this subsection after the later of (A) December 31, survivor to be eligible for Improved ‘‘active military service.’’ 1995, or (B) the end of a reasonable period Death Pension. Therefore, instead of Proposed § 5.372(b)(1) is based on of time, as determined by the Secretary [of using the term, ‘‘nonservice-connected current § 3.3(a)(3)(iii) and requires that Veterans Affairs], following either the death,’’ which is used in current at least one day during a period of evaluation of the veteran under subsection (a) § 3.3(b)(4), we propose to state in of this section or the award of pension to the qualifying service of at least 90 § 5.371(c)(3) that a survivor may be veteran as described in subsection (a)(2) of eligible for Improved Death Pension consecutive days be served during a this section. Any determination by the regardless of whether the veteran’s wartime period. Secretary of such a reasonable period of time death is service-connected. This will Proposed § 5.372(b)(2) is based on shall be made pursuant to regulations which the Secretary shall prescribe. clarify that even if the veteran’s death is current § 3.3(a)(3)(i) and states VA’s service-connected (and the survivor is long-standing interpretation that The Secretary of Veterans Affairs has eligible for dependency and indemnity separate periods of service within the not extended the period for beginning a compensation (DIC)), the survivor may same wartime period may be added vocational training program beyond instead elect to receive Improved Death together. We believe that this is a December 31, 1995. Moreover, the Pension. reasonable interpretation of 38 U.S.C. Secretary has promulgated a regulation Proposed § 5.371(d) is based on 1521(j), upon which current § 3.3(a)(3)(i) stating that no veteran may receive VA current §§ 3.3(a)(3)(v) and (b)(4)(iii), and is based. assistance under 38 U.S.C. 1524 after expands on these provisions in order to January 31, 1998. 38 CFR 21.6042(d). VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54781 Because this program has expired, we VA ‘‘will’’ combine disabilities in such and totally disabled and that the veteran believe there is no reason to repeat the a manner because this is logical, becomes entitled by meeting income provisions of current § 3.342(c) in consistent, and fair to veterans. and net worth requirements. The first proposed § 5.381. Current § 3.323(b)(2) provides for the sentence of proposed § 5.383(a) also combination of service-connected and incorporates current § 3.400(b)(1)(ii)(A), Section 5.382 Improved Disability nonservice-connected disability ratings which states that the effective date of Pension—Combining Disability Ratings without apparent restriction. The the award is the date of receipt of claim When VA grants service connection authorizing statute requires VA to (except as provided in for a disability incurred or aggravated by combine such disability ratings to § 3.400(b)(1)(ii)(B), which is the subject military service, VA assigns a determine whether a veteran is of proposed 5.383(b), concerning ‘‘disability rating’’ to the disability permanently and totally disabled for retroactive awards). according to the ‘‘Schedule for Rating pension purposes. See 38 U.S.C. The second sentence of proposed Disabilities’’ located in part 4 of title 38, 1523(a). We propose to include language § 5.383(a) contains a cross-reference to Code of Federal Regulations. In cases to this effect in proposed § 5.382(b). proposed § 5.424, ‘‘Time limits to where veterans have multiple Moreover, § 3.323(b)(2) is under the establish entitlement to Improved disabilities, the disability ratings heading of ‘‘pension’’ and VA has Pension or to increase the annual assigned to each of these disabilities always limited the applicability of the Improved Pension amount based on may be combined in accordance with 38 regulation to pension cases. Therefore, income,’’ which is based upon current CFR part 4. the proposed rule would apply only to § 3.660(b). Current §§ 3.400(b)(1) and Disabilities that are not service Disability Pension claims. 3.660(b) are authorized by 38 U.S.C. connected generally serve as a basis for We propose to not include the phrase 5110(b)(3) and 38 U.S.C. 5110(h), a finding that a veteran is permanently in current § 3.323(b) that requires that respectively. We provide a fuller and totally disabled for purposes of disabilities considered in the discussion concerning 38 U.S.C. 5110(h) Improved Disability Pension. Section determination of eligibility for Improved later in this NPRM. For this discussion, 1523(a) of title 38, United States Code, Disability Pension not be ‘‘the result of it is sufficient to say that § 5110(h) authorizes VA to combine ratings for the veteran’s own willful misconduct.’’ provides time limits to establish nonservice-connected disabilities with This requirement is already expressed Improved Pension entitlement based on ratings for service-connected disabilities in § 5.381(a) and we see no reason to income beyond the time limits provided to determine whether a veteran is totally repeat that provision in § 5.382. in § 5110(b)(3) to establish disability. disabled for Improved Disability When it appears that a veteran’s Section 5.383 Effective Dates for Pension purposes. anticipated income for the 12-month Awards of Improved Disability Pension VA has implemented § 1523(a) in 38 period following the date of receipt of CFR 3.323(b). Current § 3.323(b)(1) Proposed § 5.383 is based on current claim will exceed the maximum annual provides that for pension purposes two §§ 3.151(b), 3.400(intro) and pension rate, VA does not pay benefits. or more nonservice-connected 3.400(b)(1)(ii), which provide effective A decision that the claimant is not disabilities will be combined in the dates for awards of Improved Disability entitled to pension because the same manner that service-connected Pension. We propose not to include claimant’s income exceeds the disabilities are combined, as described current § 3.400(b)(1)(i), which refers to maximum annual pension rate often in § 3.323(a). Current § 3.323(b)(2) claims received before October 1, 1984, occurs without VA first making the provides that for pension purposes VA because we know of no such pending disability determination necessary for may combine nonservice-connected and Improved Pension claims. pension eligibility. In our view, this service-connected disabilities in the The first sentence of proposed procedure is reasonable because it same manner that service-connected § 5.383(a) states that except as provided would be inefficient for VA to make a disabilities are combined. in paragraph (b) of this section, the pension disability determination when Current § 3.323(b)(2) provides that VA effective date of an award of Improved it cannot otherwise grant entitlement to ‘‘may’’ combine service-connected with Disability Pension will be the date of pension. At the same time, it would be nonservice-connected disability ratings. receipt of claim or the date the veteran unfair to the claimant if VA did not This permissive rule contrasts with the became eligible (by attaining age 65 or assign an effective date based on the rules elsewhere in § 3.323 for combining by becoming permanently and totally date the pension claim was received in nonservice-connected disabilities on the disabled), whichever is later. This is those cases where the veteran is able to one hand, and the rules for combining based on the introduction of current establish qualifying income within the service-connected disabilities on the § 3.400, which states that the effective time limits provided under § 5110(h), other hand, which are mandatory rules date of an award of pension will be the even if VA had not ascertained that the and are expressed using the word date of receipt of the claim or the date veteran was permanently and totally ‘‘will.’’ Section 1523(a) of title 38, entitlement arose, whichever is the disabled at that time. The cross- United States Code, provides that the later. The first sentence also reference in proposed § 5.383(a) would ‘‘Secretary shall provide that,’’ for incorporates the introductory paragraph make it plain that the ‘‘date of receipt ascertaining whether an individual is of current § 3.400(b)(1), which states of claim’’ is the date of receipt of the totally disabled for pension purposes, that an award of disability pension may previous Improved Pension claim in service-connected and nonservice- not be effective prior to the date these types of cases. We do not see this connected disabilities ‘‘may’’ be entitlement arose. Instead of using the as a change, but as a clarification and a combined. In fact, VA routinely phrase ‘‘the date entitlement arose,’’ reconciliation of the two statutory combines service-connected and which appears in current § 3.400, we provisions. This clarification is nonservice-connected disabilities for have used the phrase ‘‘the date the consistent with long standing VA pension purposes, and we can think of veteran became eligible * * * and practice and is fair to veterans. no circumstance wherein VA would entitled’’, and we have specified that the Paragraph (b) of proposed § 5.383 decline to combine a veteran’s date the veteran became eligible is the clarifies current §§ 3.151(b) and disabilities for Improved Pension date the veteran attained age 65 or the 3.400(b)(1)(ii)(B). Current purposes. Proposed § 5.382(b) states that date the veteran became permanently § 3.400(b)(1)(ii)(B) states that if an VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54782 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules incapacitating disability prevented a the use of the obsolete term ‘‘helpless’’ disability rated 60 percent or higher or veteran from claiming benefits for at to describe significantly disabled be permanently housebound, in least the first 30 days after becoming veterans who seek aid and attendance addition to being permanently and permanently and totally disabled, that benefits or their significantly disabled totally disabled. In contrast, a veteran veteran could be awarded pension dependents and survivors who seek aid who is 65 years or older and has a benefits effective the date he or she and attendance benefits. See Pub. L. No. disability rated 60 percent or higher (but became permanently and totally 109–233, § 502, 120 Stat. 397, 415 less than permanent and total) need not disabled, if he or she files a claim (2006) (codified at 38 U.S.C. 1502(b) be permanently and totally disabled to within one year from the date on which (2006)). No substantive change was receive special monthly pension. This is the veteran became permanently and intended by these amendments. See because such a veteran would not fall totally disabled. We propose to define Explanatory Statement on Amendment within the operation of section 1513(b) the term ‘‘incapacitating disability.’’ We to Senate Bill, S. 1235, as Amended, 152 because that veteran’s disability would propose to clarify that the disability that Cong. Rec. H2976, H2978 (daily ed. May not independently qualify him or her for prevented a veteran from applying for 22, 2006). pension under section 1521(a). benefits need not be the same disability Proposed § 5.390(b)(4) cross- Proposed paragraph (b)(2) clarifies the that caused the veteran to become references § 3.352, which provides the different rules for these two groups of permanently and totally disabled. This criteria for determining need for aid and veterans, which we are bound to apply would conform to the law and long- attendance or ‘‘bedridden.’’ pursuant to the CAVC’s Hartness standing VA practice. The statute Section 5.391 Special Monthly decision. Finally, we propose to clarify in merely requires that ‘‘a’’ disability Pension for Veterans and Surviving § 5.391(c) that the definition of prevented the claimant from applying Spouses at the Housebound Rate for Improved Disability Pension. See 38 ‘‘permanently housebound’’ is the same Proposed § 5.391(a) and (c) are based U.S.C. 5110(b)(3)(B). We propose not to for veterans and surviving spouses. on current § 3.351(d) and (f). include the reference to the Proposed § 5.391(b) is a new Section 5.392 Effective Dates for ‘‘presumptive provisions of § 3.342(a),’’ provision. It reconciles the current Awards of Special Monthly Pension currently found in the last sentence of regulations, which have not been altered Proposed § 5.392 is based on current § 3.400(b)(1)(ii)(B), because current since being promulgated in 1979, with § 3.401(a)(1) and § 3.402(c)(1). Paragraph § 3.342(a) no longer contains Hartness v. Nicholson, 20 Vet. App. 216 (a) of proposed § 5.392 states the general presumptive provisions. (2006). In that case, the United States effective date rule for special monthly Proposed § 5.383(b) retains language Court of Appeals for Veterans Claims pension. Paragraph (b) of proposed from current § 3.400(b)(1)(ii)(B) which (CAVC) stated that current § 3.315(d) § 5.392 states an exception to the states that the disability pension award does not consider the interpretive general effective date rule. The may be effective from the date of receipt effects of 38 U.S.C. 1513(a), first enacted exception is when an award of of claim or the date on which the in 2001, on 38 U.S.C. 1521(e). See Improved Pension is effective veteran became permanently and totally Hartness, 20 Vet. App. at 221. The retroactively. In such cases, the special disabled, whichever is to the advantage CAVC held that, according to these monthly pension award may be effective of the veteran. The phrase ‘‘whichever statutes, a veteran who is otherwise retroactively as well, if entitlement to is to the advantage of the veteran’’ is eligible for Improved Pension based on special monthly pension is established utilized both in the current statute being age 65 or older, and who is not in for any part of the retroactive period. (§ 5110(b)(3)(A)) and the current need of regular aid and attendance, is regulation (§ 3.400(b)(1)(ii)(B)). We have entitled to special monthly pension at Maximum Annual Pension Rates retained this phrase (slightly rewritten the housebound rate if he or she has a Section 5.400 Maximum Annual as ‘‘whichever is to the veteran’s disability ratable at 60 percent or more Pension Rates for Veterans, Surviving advantage’’) in the proposed regulation. or is considered permanently Spouses, and Surviving Children It means that one cannot automatically housebound. See Hartness, 20 Vet. App. Proposed § 5.400 is based in part on assume that an earlier effective date at 221–22. Such a veteran, unlike a would be more to the claimant’s paragraphs (a), (c), and (d)(3) of current veteran who is under 65 years old, need § 3.23, and portions of § 3.24(b). advantage than a later one. This is not have a disability that is permanent because the veteran’s adjusted annual Proposed § 5.400(a) restates the and total. See id. Proposed paragraph statutory references in current § 3.23(a). income, if considered from an earlier (b)(1) implements this aspect of effective date, might preclude Improved Pension rates are set by Hartness. statute. Proposed § 5.400(a) provides the entitlement for a 12-month period, Proposed paragraph (b)(2) reconciles whereas a later effective date might not. statutory references to 38 U.S.C. 1521, 38 U.S.C. 1513(b) with the holding in 1541, and 1542, which are the rate- Special Monthly Pension Eligibility for Hartness. Under section 1513(b), ‘‘[i]f a setting statutes for Improved Pension. Veterans and Surviving Spouses veteran is eligible for pension under Proposed § 5.400(b) restates current both [38 U.S.C. 1513 and 38 U.S.C. Section 5.390 Special Monthly § 3.23(c) without reference to veterans of 1521], a pension shall be paid to the the Mexican border period. There are no Pension for Veterans and Surviving veteran only under section 1521.’’ A Spouses at the Aid and Attendance Rate more pension beneficiaries of veterans veteran who is age 65 or older who has who served during this period of war. Proposed § 5.390 is derived from a permanent and total disability would Proposed § 5.400(c) informs readers current § 3.351(b) and (c). We propose be eligible for pension under both that higher maximum annual pension no substantive changes. In proposed section 1513 and section 1521(a). Such rates apply to veterans and surviving § 5.390(a), we have used the term a veteran would then be subject to 38 spouses with dependents. ‘‘significantly disabled’’ to conform to U.S.C. 1513(b) and could receive the Veterans’ Housing Opportunity and pension only under section 1521(a). In Section 5.401 Automatic Adjustment Benefits Improvement Act of 2006. That order for that veteran to receive special of Maximum Annual Pension Rates law amended certain sections of title 38 monthly pension under section 1521(e), Proposed § 5.401 is based on portions of the United States Code to eliminate he or she would need to have a of current §§ 3.23, 3.24, and 3.27. VerDate Aug<31>2005 19:13 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54783 Current § 3.27 governs automatic proposed § 5.416, ‘‘Persons considered Social Security benefit on attainment of adjustment of various types of benefit as dependents for Improved Pension.’’ a certain age, this withdrawal is not rates. Paragraph (a) of § 3.27 deals with Having separate regulations will make presumed to be a waiver. We propose to Improved Pension and requires VA to these provisions easier to read and include this clarification. We note that increase the maximum annual pension understand. section 1503(a) of title 38, United States rates whenever the Commissioner of Proposed paragraphs (b)(1) through Code, requires VA to consider as income Social Security increases Social Security (b)(3) answer the question of whose ‘‘all payments of any kind or from any benefits in accord with annual increases income is included for the three types source (including salary, retirement or in the cost of living. Proposed § 5.401(b) of claimants and beneficiaries: veterans, annuity payments, or similar income, is based on current § 3.27(e), as well as surviving spouses, and surviving which has been waived * * *).’’ those portions of § 3.24(b) and children. We believe the complete However, when a person applies for and paragraphs (a) and (c) of § 3.23 which answer concerning surviving children is is found entitled to Social Security, but require VA to publish increased too complex to be included in this then waives those benefits solely for the maximum annual pension rates in the regulation, so we propose to include a purpose of receiving more benefits at a Federal Register. No substantive cross-reference to proposed § 5.435, later date, the action is more accurately changes are proposed. ‘‘Calculating annual Improved Pension considered a deferment of payments amounts for surviving children,’’ which rather than a waiver. Therefore, Improved Pension Income, Net Worth, is the proposed comprehensive proposed § 5.410(d) is fair and and Dependency provision concerning annual Improved consistent with 38 U.S.C. 1503(a). Section 5.410 Countable Annual Pension amounts for surviving children. Proposed § 5.410(f)(1) and (2) are Income Proposed § 5.410(c) restates current based on current § 3.271(d), concerning § 3.271(a). Current 3.271(a) states that a income from income-producing Proposed § 5.410(a) clearly states that payment of any kind from any source property. In § 5.410(f)(2), we propose to for Improved Pension purposes, VA shall be counted as income during the clarify that if a beneficiary’s income does not count income received before reporting period in which it was includes that of his or her spouse, and the effective date of the beneficiary’s received unless it is specifically both the beneficiary and spouse are co- Improved Pension award, nor does VA excluded under § 3.272. owners of a property which produces count income that an Improved Death Based on current part 3 regulations, income, then income representing both Pension claimant received before the including §§ 3.271, 3.272, 3.273, and co-owned shares is included as income date the veteran died. This fact is one 3.660, current VA practice is to use the to the beneficiary. of the distinguishing characteristics of term, ‘‘12-month annualization period’’ Proposed § 5.410(f)(3) is a new Improved Pension as opposed to VA’s to describe the period for which a provision, based on long-standing VA other need-based benefits. In the beneficiary reports income, adjustments practice, which states that if a person Improved Pension program, initial to income, and net worth to VA. We transfers ownership of income- payments are made based on the propose to instead use the term producing property to another person or adjusted annual income that the ‘‘reporting period,’’ which we believe is legal entity, but retains the right to that claimant expects to receive during the more explicit and more easily income, the income will be counted. We twelve-month period immediately understood than ‘‘12-month believe this is consistent with 38 U.S.C. following the effective date of the award annualization period’’. We propose to 1503 and will help avoid confusion by of pension (generally the date VA use ‘‘reporting period’’ in §§ 5.410, pension beneficiaries by clarifying that receives a claim or the date of the 5.413, 5.420, and 5.424 of this NPRM such income will be counted by VA. veteran’s death). and throughout part 5 and to define that We propose not to include current Proposed paragraphs (b)(1) and (2) of term in § 5.420(a). § 3.271(e), which states: ‘‘Income shall § 5.410 incorporate paragraphs (d)(4) Paragraphs (c)(1) through (c)(3) of be determined by the total amount and (5) of current § 3.23 in answering proposed § 5.410 are derived from received or anticipated during a 12- the question, ‘‘Whose income is current § 3.271(a)(1) through (a)(3), as month annualization period.’’ This countable?’’ In proposed paragraph well as current § 3.273(c) and (d). sentence is unnecessary and redundant (b)(1) concerning the income of a Current § 3.271 describes the various of other provisions, such as proposed veteran, we have added a phrase income types and § 3.273 explains how § 5.423, which explains calculation concerning the income of a veteran’s to count them. We believe it makes procedures, as well as current § 3.272(e), spouse. We state that a veteran’s income sense for the two regulations to be which pertains to installment income includes that of his or her spouse merged. Paragraph (c)(3) includes from property sales. ‘‘regardless of whether the spouse’s information based on long-standing VA income is available to the veteran.’’ This practice regarding counting of irregular Section 5.411 Counting a Child’s addition is not a change. It can be income which we believe should be Income for Improved Pension inferred from the current regulations included in our regulations. Proposed § 5.411 is based on various and is consistent with 38 U.S.C. 1521(c). Proposed § 5.410(d) restates current provisions concerning when a child’s We believe that this important provision § 3.276(a), concerning waived income, income is countable for Improved should be made clearer to readers. which should be listed in proposed Pension purposes. These provisions are Paragraphs (b)(1) and (2) of proposed § 5.410 with other items that VA counts presently found in paragraphs (d)(4) § 5.410 do not include certain portions as income. Current § 3.276(a) provides through (d)(6) of § 3.23, and paragraphs of paragraphs (d)(4) and (5) of current that VA will include for Improved (j) and (m) of § 3.272. We believe it § 3.23 concerning a child’s income, in Pension purposes any income that an would simplify the provisions order to keep this lengthy regulation as individual has waived. Long-standing concerning counting a child’s income to simple as possible. Recognizing that VA policy provides a caveat—that if an have them in one place. many Improved Pension claimants do individual withdraws a Social Security Proposed § 5.411(a) concerns the not have dependent children, we claim after a finding of entitlement to availability of a dependent child’s propose instead to incorporate the Social Security benefits, so as to income to a veteran or surviving spouse. provisions concerning children within maintain eligibility for an unreduced Rather than stating that VA counts a VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54784 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules child’s income ‘‘to the extent it is’’ annual income. For example, § 3.272(g), Section 3803(c)(2)(C)(viii) of title 31, reasonably available (which is the (h) and (i) list various types of expenses United States Code, defines ‘‘benefits,’’ language used in the current regulation incurred by claimants; these are for purposes of that statute (which § 3.23(d)(4) and (5)), we propose to say properly in a separate category from codifies the Program Fraud Civil that VA counts ‘‘that portion of a child’s income that claimants receive. Because Remedies Act of 1986), as including income that is’’ reasonably available, of this distinction between payments Improved Pension. Section 6(h) of which is more clear. Additionally, this that may be excluded from income and Public Law 101–426, the Radiation change mirrors the statutory language of payments that may be deducted from Exposure Compensation Act (RECA), 38 U.S.C. 1521(h)(1) and 1541(g), which income, we propose to divide the provides that payments under RECA are require VA to count as income to the current regulation into two smaller not considered income or resources for beneficiary ‘‘that portion of the annual regulations (proposed §§ 5.412 and purposes of determining eligibility for income of the child.’’ 5.413) for the sake of clarity. benefits listed in 31 U.S.C. Proposed § 5.411(a)(1) restates the Proposed § 5.412 lists exclusions from 3803(c)(2)(C)(viii). We have provisions of current paragraphs (d)(4), annual income for Improved Pension implemented that statutory exclusion in (d)(5), and (d)(6) of § 3.23 concerning purposes. In a future NPRM, we plan to current § 3.272(s) (proposed § 5.412(g)). the presumption of availability of a propose a new regulation that would list We propose to implement the following child’s income. all income sources and assets that are similar exclusions in proposed Proposed § 5.411(a)(2) is derived from statutorily excluded in determining § 5.412(h)–(j), which include payments current § 3.23(d)(4) and (d)(5) relating to entitlement to all need-based programs under section 103(c) of the Ricky Ray hardship. In addition to the current that VA administers. The new Hemophilia Relief Fund Act of 1998 (42 requirements, the proposed regulation regulation would be contained in U.S.C. 300c–22 (note)), payments under states that a veteran or surviving spouse proposed subpart L of proposed new the Energy Employees Occupational must specifically request that VA part 5. Therefore, in proposed § 5.412, Illness Compensation Program (42 exclude all or part of a child’s annual we do not cover such income sources U.S.C. 7384 et seq.); and payments income because counting it would that are found in current § 3.272. These under 50 U.S.C. Appx. 1989b–4 and create a hardship on the veteran or sources include those currently listed in 1989c–5 to certain eligible Japanese- surviving spouse. Currently, claimants paragraphs (k), (o), (p), (r), (t), (u), and Americans and Aleuts. These statutes are notified of this requirement in the (v) of § 3.272. Proposed paragraphs provide that such payments shall not be VA Eligibility Verification Report form. (b)(3) and (k) cross-reference the new considered in determining entitlement Including the requirement in this regulation. to benefits listed in 31 U.S.C. 3803, regulation is consistent with VA’s Proposed § 5.412(a), based on which includes Improved Pension. current practice, as reflected in the VA § 3.272(a), also includes the content of Because VA must count all payments Eligibility Verification Report form. current § 3.272(l). This consolidation is unless specifically excluded, we believe Proposed § 5.411(a)(2) is also derived appropriate because current § 3.272(l), it is important for readers to know what from current § 3.272(m) and describes which authorizes the exclusion from VA considers and does not consider a the steps VA uses to calculate the income of payments received for ‘‘payment.’’ Proposed § 5.412(k) lists amount of the hardship exclusion. participating in a program of therapy or several items that VA does not consider Proposed § 5.411(b) restates the rehabilitation under 38 U.S.C. 1718, payments, consistent with law, current second sentence of current § 3.23(d)(6), characterizes this payment as a donation regulations, and long-standing VA which is the definition of ‘‘expenses from public or private relief, welfare, or policy. necessary for reasonable family charitable organization under § 3.272(a). maintenance.’’ To the current list of It is logical to place this type of payment Section 5.413 Income Deductions for examples (food, clothing, shelter) of in the paragraph dealing with such Calculating Adjusted Annual Income basic necessities included in this donations. Long-standing VA policy We propose a new regulation, § 5.413, definition, we propose to add also regards benefits received under based on current §§ 3.271(c) and (g) and healthcare, which is necessary to noncontributory programs (such as 3.272(g) through (i). These paragraphs support a reasonable quality of life. Supplementary Security Income) as an pertain to expenses and losses that are Proposed § 5.411(c) restates current excluded donation. See current deducted from countable annual § 3.272(j). We propose to refer to title 26, § 3.262(f). We propose to list this income. United States Code, rather than to the common exclusion in § 5.412(a)(2) for Proposed § 5.413(a) restates the last Internal Revenue Code of 1954. We increased clarity. sentence of the introductory language of believe more readers are familiar with Proposed § 5.412(b) is derived from current § 3.272, which currently states, these citations. § 3.272(c) and adds a provision ‘‘Unless otherwise provided, expenses (proposed § 5.412(b)(2)) that payments deductible under this section are Section 5.412 Income Exclusions for to a surviving spouse under § 3.20(c) do deductible only during the 12-month Calculating Countable Annual Income not count as income. Current § 3.20(c) annualization period in which they Proposed § 5.412 implements 38 pertains to the veteran’s month-of-death were paid.’’ However, because proposed U.S.C. 1503, which contains the basic rate for certain surviving spouses. See § 5.420 defines ‘‘reporting periods’’ for statutory provisions for determining 38 U.S.C. 5310(b). In our view, proposed Improved Pension purposes, we refer to what counts as income for Improved § 5.412(b)(2) is consistent with 38 U.S.C. the ‘‘initial reporting period or annual Pension. Current § 3.272, ‘‘Exclusions 5310, in that such payments are reporting period’’ instead of the 12- from income,’’ is the part 3 regulation considered part of a surviving spouse’s month annualization period. that implements the statute. The current entitlement and are not included as Proposed § 5.413(b) refers to a regulation mirrors the structure of the income for Improved Death Pension ‘‘medical expense report’’ instead of an statute in mixing two separate analytical purposes. eligibility verification report (EVR), categories—income received that should Proposed § 5.412(c) through (g) restate which is referred to in current be excluded from countable annual current § 3.272(d)–(f), (n), and (s). We do § 3.272(g), because certain categories of income and expense payments that not propose any substantive changes to Improved Pension beneficiaries are not should be deducted from countable these paragraphs. required to submit annual EVRs under VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54785 current § 3.277. Proposed § 5.413(b) illness. This is an exception to the income. We believe it is important to includes a cross-reference to § 3.660(a), general rule that VA does not deduct include this information so that which explains that pension expenses a claimant paid before the date claimants or beneficiaries are fully beneficiaries must inform VA if there is of entitlement (or before the date of the informed about what VA considers a a change in income, and clarifies that a veteran’s death in death cases). deduction from gambling winnings. change in medical expenses is a change Proposed § 5.413(c)(2)(iv) provides Proposed § 5.413(f)(1) is new and in income. this exception for the expenses of a adds commercial insurance (disability, Current § 3.272(h) permits deductions veteran’s last illness that a surviving accident, life, or health) to the sources of amounts paid for last illnesses, spouse paid either before the veteran’s of an award or settlement listed in burials, and the veteran’s just debts. We death or after the veteran’s death but current § 3.271(g) from which propose, consistent with long-standing before Improved Pension entitlement. It deductions may be taken. It is consistent VA usage, to designate these types of provides that payments made up to one with the other items listed in § 5.413(f) expenses as ‘‘final expenses.’’ We year before the veteran’s death may be including (6), ‘‘Legal damages collected believe that doing so improves clarity in deducted from a surviving spouse’s for personal injury or death’’. proposed § 5.413(c). countable annual income if the Section 5.414 Net Worth Proposed § 5.413(c)(1)(ii) defines ‘‘last surviving spouse’s Improved Death Determinations for Improved Pension illness’’ as ‘‘the medical condition that Pension claim is received within one was the primary or secondary cause of year of the veteran’s death. The amounts Proposed § 5.414 combines current a person’s death as indicated on the of these expenses would be deductible § 3.274, § 3.275, and § 3.276(b) into one person’s death certificate.’’ We believe during the surviving spouse’s initial regulation. Current § 3.274 concerns the that this definition is simple, clear, and reporting period. We believe this is a applicability of net worth concepts to easy for VA personnel to apply correctly reasonable period in which to account Improved Pension entitlement, and and consistently. Proposed for expenses associated with a veteran’s current § 3.275 outlines the criteria for § 5.413(c)(1)(iii), based upon current last illness. evaluating net worth. Current § 3.276(b) § 3.272(h)(1)(ii), defines ‘‘veteran’s just Proposed § 5.413(c) does not include concerns asset transfers and whether debts.’’ Consistent with long-standing the content of current § 3.272(h) such transfers can reduce net worth. VA policy, we propose to clarify to concerning time periods for deducting Currently the terms ‘‘net worth’’ and readers that a ‘‘veteran’s just debts’’ final expenses because the periods for ‘‘corpus of estate’’ are used includes debts that the veteran and allowing deductible final expenses are interchangeably. Consistent with our spouse incurred jointly. We believe that the periods stated in proposed proposal in a prior NPRM (RIN 2900– it would be unfair and arbitrary to § 5.413(a), with the exception of ‘‘last AL83, 69 FR 77584), we propose to use prohibit a surviving spouse or child illness’’ expenses under paragraph the term ‘‘net worth’’ only and not from deducting debts that the veteran (c)(2)(iv). Therefore, we propose not to include references to ‘‘corpus of estate’’ and surviving spouse incurred jointly, include the introduction to § 3.272(h). because we believe ‘‘net worth’’ is more while allowing the deduction of debts This clarifies and simplifies these types commonly understood. incurred solely by the veteran. of adjustments, benefiting claimants and Proposed § 5.414(a) is derived from Proposed § 5.413(c)(2)(i) through claims examiners alike. current § 3.275(b), the definition of net (c)(2)(iii) explain what final expenses Proposed paragraph (c)(3)(ii) clarifies worth. We propose to add paragraphs VA will deduct for veteran awards, that VA cannot allow the same expense (a)(1) through (3) to add detail surviving child awards, and surviving as both a final expense and an consistent with long-standing VA spouse awards. These paragraphs restate unreimbursed medical expense. policy. We also propose to provide two and rearrange the provisions of current Proposed paragraph § 5.413(d) restates examples of the types of personal effects § 3.272(h)(1)(ii) and (h)(2) concerning current § 3.272(i), which provides for that are suitable to and consistent with these deductible final expenses in a way the deduction of certain educational the claimant’s or beneficiary’s we believe is clearer. expenses of a veteran or surviving reasonable mode of life. Proposed § 5.413(c)(2)(iv) is based on spouse. We also propose to state that Proposed § 5.414(a)(1) states that a current § 3.272(h)(1)(i), which provides scholarships and grants are not mortgage on a home is not deducted a special exception to other final deductible educational expenses when from net worth. We believe this expense provisions. Proposed used for educational purposes. provision clarifies the principle, § 5.413(c)(2)(iv) incorporates the Although VA counts all payments as implied by the pension regulations in holding of VA’s Office of General income unless there is statutory current 38 CFR, that a personal Counsel in VAOPGCPREC 1–2000, 65 authority or a policy basis to exclude or residence has no bearing on net worth FR 33421 (May 23, 2000), which held deduct them, VA permits certain for Improved Pension purposes. that Congress intended for last illness deductions from particular income Proposed § 5.414(a)(2) includes expenses that a surviving spouse paid sources. In other words, the amount of current and long-standing VA policy for a veteran to be treated differently income counted from certain sources is that VA will evaluate a ‘‘reasonable lot than other deductible final expenses the difference between income and area’’ by considering the size of other because last illness expenses include certain deductible expenses directly residential lots in the vicinity. We expenses that the surviving spouse paid associated with that income. Proposed believe this provision would improve before the veteran’s death when the § 5.413(e), (f), and (g) list deductions the fairness of this regulation because surviving spouse was still the veteran’s permitted from particular income lot sizes vary from locale to locale. It spouse. Under section 1503(a)(3)(B) of sources. might be reasonable in some parts of the title 38, United States Code, VA will Proposed § 5.413(e) is new and states country to retain significant acreage. In deduct amounts paid by a spouse of a that gambling losses can be deducted other parts of the country, the same veteran for the expenses of such from gross winnings to arrive at the net acreage would constitute a sizeable veteran’s last illness from a surviving gambling income. This provision is asset, and VA would require disposal of spouse’s annual income, as well as based on long-standing VA policy and is some or all of that asset for the amounts paid by the surviving spouse consistent with how the Internal claimant’s or beneficiary’s maintenance. for the expenses of such veteran’s last Revenue Service counts gambling We have also proposed to state VA’s VerDate Aug<31>2005 19:13 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54786 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules long-standing policy that if the claimant would assist readers and provide more In § 5.414(d)(1), we propose to restate or beneficiary lives on a farm, VA will clarity. We propose that paragraphs a phrase currently found in § 3.275(d), exclude the value of a reasonable lot (c)(2)(i) and (ii) of proposed § 5.414 ‘‘[w]hether the property can be readily area, including the residence area, and mirror paragraphs (a) and (b) of converted into cash at no substantial consider the rest of the farm as part of proposed § 5.435, which concerns sacrifice.’’ Review of the legislative net worth. We believe this will allow annual income of a surviving child. history of Public Law 86–211, which claimants and beneficiaries to continue Proposed § 5.414(c)(2)(i) provides that if first required VA to use net worth in to live on their family farm, while still a surviving child is not in the custody pension determinations, as well as accurately measuring net worth. of another person, VA considers the net Public Law 95–588, the Improved Proposed § 5.414(a)(4) restates current worth of the child only. Proposed Pension law, shows Congress clearly § 3.276(b), concerning asset transfers, § 5.414(c)(2)(ii) provides that if the child intended that the greatest pension which we propose to incorporate into is in the custody of another person, the benefit should go to those with the the net worth regulation because it child’s net worth includes that of the greatest needs, and that benefits should applies only to net worth. We propose custodian. Additionally, we propose to be denied or discontinued if a no substantive changes to this mirror the provision of current claimant’s or beneficiary’s estate is large provision. § 3.57(d)(2) and proposed § 5.435, and enough to provide for maintenance. Paragraphs (b) and (c) of proposed state that when a child is in the joint VA has historically interpreted the § 5.414 refer only to a veteran’s or custody of his or her parent and phrase ‘‘substantial sacrifice’’ as surviving spouse’s adjusted annual stepparent, the parent’s net worth meaning that a claim should not be income instead of listing all of the includes that of the stepparent. We denied for excessive net worth if the persons (veteran, dependent spouse, believe this provision is consistent with claimant or beneficiary cannot readily and dependent children for a veteran’s 38 U.S.C. 1543. convert real or personal property into adjusted annual income and surviving Proposed § 5.414(c)(3) is derived from liquid assets (assets that can be readily spouse and dependent children for a current § 3.275(e). The current converted into cash). Therefore, surviving spouse’s adjusted annual regulation excludes actual or proposed paragraph § 5.414(d)(1) income) whose income would be prospective educational or vocational provides for consideration of ‘‘[t]he included in the adjusted annual income. expenses from a child’s net worth, but value of liquid assets (assets that the It is sufficient to refer only to the not ‘‘beyond age 23.’’ Proposed claimant or beneficiary can readily veteran’s or surviving spouse’s adjusted § 5.414(c)(3) states that VA will exclude convert into cash).’’ We believe this annual income because the definition of those educational or vocational wording will be clearer to claimants and adjusted annual income includes expenses until a child reaches age 23. beneficiaries, as well as consistent with countable annual income, which Proposed § 5.414(c)(3) reflects long- VA practice. We also note that proposed includes the incomes of the dependent standing VA interpretation and paragraph § 5.414(a), excluding the spouse and dependent children for a application of this rule. This does not value of personal effects suitable to and veteran’s countable annual income and represent a substantive change because consistent with a reasonable mode of includes the incomes of the surviving in practice VA limits the exclusion life, would protect claimants and spouse and dependent children for a when a child reaches age 23. beneficiaries from having to sell non- surviving spouse’s countable annual When 38 U.S.C. 1503 defines ‘‘annual liquid assets if this sale would be a income. For the sake of clarity, income,’’ it does so ‘‘under this substantial sacrifice. paragraph (d) of proposed § 5.414 refers chapter.’’ Therefore, we must conclude Paragraphs (d)(2) and (3) of proposed to the definition of ‘‘adjusted annual that the references to income in the net § 5.414 restate current § 3.275(d) income’’ in proposed § 5.370. worth statutes (38 U.S.C. 1522 and without substantive change. Proposed § 5.414(b) combines 1543) are references to the same Finally, § 5.414(e) lists resources paragraphs (a) and (c) of current § 3.274 definition of income because the excluded by statute from net worth into one paragraph dealing with veteran statutes are in the same chapter. We determinations. This list includes and surviving spouse Improved Pension believe that Congress intended the payments excluded by statutes that awards. Because current paragraphs (a) definition of income in section 1503 to reference a list of benefits in 31 U.S.C. and (c) of § 3.274 are substantively apply to all determinations in which 3803(c)(2)(C). Specifically, these are similar, this combination is appropriate. income might play a role, and we would payments under section 6 of the Proposed § 5.414(c) combines clarify this point. At the same time, Radiation Exposure Compensation Act paragraphs (b), (d), and (e) of § 3.274, proposed § 5.414(d) states that, ‘‘in of 1990; payments under the Ricky Ray and paragraph (e) of § 3.275(e), all considering the claimant’s or Hemophilia Relief Fund Act of 1998; pertaining to net worth of a child for beneficiary’s living expenses, VA cannot payments under the Energy Employees Improved Pension purposes. We believe consider expenses it excluded or Occupational Illness Compensation that combining rules pertaining only to deducted in determining adjusted Program; and payments to certain children will make it easier for readers annual income.’’ This statement is eligible Japanese-Americans and Aleuts. to find these rules. necessary because VA cannot consider Also, see the discussion concerning Proposed § 5.414(c)(1) is based on living expenses that have already been these payments in this NPRM under the current (b) and (d) of § 3.274 and states used to calculate adjusted annual discussion of proposed § 5.412. that an increased pension payable to a income. Because we propose this We previously discussed a new veteran or surviving spouse for a child clarification concerning income and regulation, to be addressed in a future will be discontinued or denied if the because the phrase ‘‘all of the claimant’s NPRM, which would be contained in child’s net worth is such that some part or beneficiary’s living expenses’’ proposed subpart L of proposed new of that net worth reasonably should be sufficiently encompasses medical part 5. The new regulation would list all consumed for the child’s maintenance. expenses, it is not necessary to income sources and assets that are Paragraph (c)(2) of proposed § 5.414 is specifically mention medical expenses statutorily excluded in determining based on current § 3.274(e), which in proposed § 5.414(d), although current entitlement to all need-based programs concerns net worth of a surviving child. § 3.275(d) does mention medical that VA administers. Therefore, However, we propose a change that expenses. proposed § 5.414(e)(5) cross-references VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54787 the new proposed regulation, and Proposed § 5.416(b) restates the last Improved Pension—Income Reporting proposed § 5.414 would not repeat the sentence of current § 3.23(d)(1) as it Periods, Payments, Effective Dates, and sources currently described in pertains to a dependent child of a Time Limits paragraphs (f), (g), and (i) through (j) of veteran. It also states the implication of Section 5.420 Reporting Periods for § 3.275 because these would be in the 38 U.S.C. 1541(c) and 1542 as Improved Pension new regulation. interpreted by 38 CFR 3.23(d)(5), 3.24, and 3.57(d): VA considers a veteran’s Proposed § 5.420, is not directly based Section 5.415 Effective Dates for child to be a surviving spouse’s on any part 3 regulation. Rather it Improved Pension Awards Based on a dependent if the child is in the custody explains several key concepts regarding Change in Net Worth of the surviving spouse. See 38 U.S.C. income reporting periods for Improved Proposed § 5.415 is based on current 1506(1). The term ‘‘custody’’ for Pension, which are based on the part 3 § 3.660(d), as well as the third sentence Improved Pension is defined in current Improved Pension regulations and long- of current § 3.660(a)(2). Proposed § 3.57(d) (proposed counterpart § 5.417). standing VA practice. It defines a § 5.415(a) governs the assignment of the In proposed § 5.416(b)(1), we propose to reporting period as the period for which effective date of a reduction or state that a child need not be living with VA counts income that is anticipated or discontinuance of Improved Pension the veteran or surviving spouse to be received, when calculating adjusted based on the beneficiary’s net worth. presumed in custody. annual income. It states that there are Proposed § 5.415(b), based on current Proposed § 5.416(b)(2) restates the two types of reporting periods, the § 3.660(d), concerns the effective date provision of current § 3.23(d)(1) that initial reporting period and the annual for payment or resumption when VA even if a veteran does not have custody reporting period, and describes these previously found net worth to bar of a child, the child is presumed to be periods in detail. Improved Pension. No substantive the veteran’s dependent child if the Section 5.421 How VA Calculates an changes are proposed. veteran provides reasonable support Improved Pension Payment Amount Section 5.416 Persons Considered as contributions. Proposed § 5.416(c) indicates that a Proposed § 5.421 is based on Dependents for Improved Pension child is not considered a dependent paragraphs (a) and (b) of current § 3.273, Proposed § 5.416 is based on current child of the veteran or surviving spouse VA’s regulation pertaining to the § 3.23(d)(1). It also encompasses current for Improved Pension purposes if the calculation of the monthly amount § 3.60, as well as portions of current child’s net worth is such that under payable to Improved Pension paragraphs (d)(4) and (5) of § 3.23, and proposed § 5.414(c)(1) (current beneficiaries. Proposed regulations statutory provisions, all pertaining to paragraphs (b) and (d) of § 3.274) derived from current § 3.273(c) and (d), dependency for Improved Pension increased pension that would otherwise concerning categories of income, are purposes. be payable to the veteran or surviving covered in this NPRM in the discussion Section 1521(c) of title 38, United spouse on account of the child is denied concerning proposed § 5.410. Proposed States Code, provides the statutory or discontinued. We believe this is the § 5.421 addresses ‘‘the basics’’ of how maximum annual pension rate for a correct interpretation of the statutes, 38 VA calculates an Improved Pension veteran with a dependent spouse, U.S.C. 1522(b) and 1543(a)(2), which payment amount and what happens stating that the higher rate applies ‘‘[i]f provide that during the period that net when changes occur. A general the veteran is married and living with or worth bars increased pension, a child introduction to Improved Pension reasonably contributing to the support shall not be considered as the veteran’s payment amount calculation is a useful of such veteran’s spouse’’ (emphasis or surviving spouse’s child for purposes tool for understanding more specific added). Then, 38 U.S.C. 1521(h)(2) of Improved Pension. related regulations. provides that ‘‘[a] veteran shall be We propose to retain the long- considered as living with a spouse even Section 5.417 Child Custody for standing VA term, ‘‘maximum annual though they reside apart unless they are Improved Pension pension rate,’’ to refer to the statutory estranged.’’ The provision of 38 U.S.C. Proposed § 5.417 is based on current ‘‘annual rate,’’ ‘‘annual rate of pension,’’ 1521(h)(2) is expressed in current 38 § 3.57(d), which defines ‘‘child custody’’ and ‘‘annual pension rate’’ referenced in CFR 3.60: ‘‘For the purposes of for Improved Pension purposes. 38 U.S.C. 1521, 1541, and 1542. We also determining entitlement to pension Proposed § 5.417(a) through (c) are plain see no reason to refer to the under 38 U.S.C. 1521, a person shall be language restatements of current ‘‘applicable’’ maximum annual pension considered as living with his or her § 3.57(d)(1), and proposed § 5.417(f) and rate. It is unnecessary to state that VA spouse even though they reside apart (g) are plain language restatements of uses whichever maximum annual unless they are estranged.’’ current § 3.57(d)(3). Proposed paragraph pension rate applies. Therefore, we Proposed § 5.416(a) states that a (g) adds that if a child has no custodian, propose to not include the word spouse is considered a dependent that child may be eligible for benefits in ‘‘applicable.’’ spouse for Improved Pension if: (1) The his or her own right. Proposed § 5.421(a) restates current veteran lives with the spouse; (2) the Proposed § 5.417(d) and (e) are plain § 3.273(a). However, we propose to veteran and spouse live apart but are not language restatements of the first three exclude several words and phrases that estranged; or (3) the veteran reasonably sentences of current § 3.57(d)(2). We are unnecessary. We propose not to contributes to the estranged spouse’s propose to replace the word include the phrase, ‘‘For the purpose of support. This wording makes the ‘‘remarried’’ with the more inclusive determining initial entitlement, or for regulation clear without changing the word ‘‘married’’; this replacement does resuming payments on an award which statutory meaning of 38 U.S.C. 1521(c) not change the intent or meaning of the was previously discontinued,’’ because and (h)(2). current regulation. We excluded the last the basic procedure for calculating an Proposed § 5.416(a)(3) restates current sentence of § 3.57(d)(2) from proposed Improved Pension payment amount is § 3.23(d)(1) as it pertains to spousal § 5.417 and included it instead with the the same whether VA is calculating an support and adds that determining proposed regulation that explains how initial award or a resumption of pension whether support is ‘‘reasonable’’ is a to calculate annual Improved Pension payments. For the same reason, we factual matter that VA determines. amounts for surviving children, § 5.435. propose not to include the reference to VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54788 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules the ‘‘effective date of entitlement’’ in Project. That is, rather than stating the § 3.271(f)(1); however, we believe it current § 3.273(a). effective date on which entitlement to should be explicitly stated. Current paragraphs (a) and (b) of the previous rate ends, the part 5 Proposed § 5.423(b) restates § 3.273 contain three references to effective-date regulations would state § 3.271(f)(2), concerning counting current § 3.29(b), which is the the effective date as the day on which dependents’ income in situations when ‘‘rounding down’’ provision that became VA begins to discontinue benefits. For VA has not received evidence to effective for pensions paid on or after example, rather than stating that a establish dependents. There is no June 1, 1983. We propose not to refer to particular discontinuance is effective substantive change to this provision. the June 1, 1983, effective date because ‘‘the last day of the month,’’ we would Section 5.424 Time Limits To all VA pensions paid under part 5 will state that VA will discontinue benefits Establish Entitlement to Improved be effective after June 1, 1983. We effective ‘‘the first day of the following Pension or To Increase the Annual otherwise propose to incorporate the month.’’ VA intends no substantive Improved Pension Amount Based on provision of current § 3.29(b), pertaining change by this rewording. Income to rounding, within proposed § 5.421(a). We also propose not to include the Proposed § 5.424 restates current Proposed § 5.421(b) and (c) provide references to ‘‘running award[s]’’ found § 3.660(b) as it pertains to Improved answers to the simple questions, ‘‘What in current § 3.660(a)(2). The references Pension. Current § 3.660(b)(1) provides if the maximum annual pension rate to ‘‘running award[s]’’ are not found in that if payments are not made because changes?’’ and ‘‘What if adjusted annual the authorizing statute, 38 U.S.C. anticipated income exceeds the income changes?’’ The simple answer is 5112(b). We believe the effective-date maximum annual pension rate, pension that VA recalculates the Improved provisions of 38 U.S.C. 5112(b) apply, may be awarded in ‘‘accordance with Pension payment amount. Proposed regardless of whether or not VA has the facts found, but not earlier than the paragraph (c) cross-references proposed actually processed the award or the beginning of the appropriate 12-month § 5.422, ‘‘Effective dates for changes to award is in suspense. Improved Pension payments due to a annualization period if satisfactory Proposed § 5.422(b)(1) states a matter change in income,’’ which is a more evidence is received within the same or of long-standing policy which is not complex regulation concerning annual the next calendar year.’’ Proposed income adjustments. currently contained in any regulation. § 5.424(b)(1) is a plain language rewrite Although the provision is somewhat of § 3.660(b)(1). Section 5.422 Effective Dates for intuitive, we believe it should be Proposed § 5.424(b)(2) deals with Changes to Improved Pension Payments explicitly stated in the regulations that benefits that are discontinued or paid at Due to a Change in Income VA stops counting a dependent’s a lower amount. VA’s long-standing Proposed § 5.422 contains effective income effective the same date that the interpretation of § 3.660(b)(1) is that in dates for payment amount adjustments dependent is removed. This is an claims for Improved Pension, the ‘‘12- due to a change in income. exception to the general rule that VA month annualization period’’ refers to Current § 3.660 provides the effective must count all income for at least 12 the initial or annual reporting period, as dates for adjustments to VA’s need- months. Proposed § 5.422(b)(2) and (3) appropriate, and that the ‘‘same * * * based benefits. Specific effective-date are derived from the first and second calendar year’’ refers to the calendar provisions for increases are complex sentences of § 3.660(c). year in which the reporting period ends. and are contained in a separate Section 5.423 Improved Pension Proposed § 5.424(b)(1) and (b)(2) reflect proposed regulation, § 5.424, ‘‘Time Determinations When Anticipated this interpretation. Both (b)(1) and (b)(2) limits to establish entitlement to Annual Income is Uncertain apply whether the income is actual or Improved Pension or to increase the anticipated. Regarding the use of the annual Improved Pension amount based Proposed § 5.423(a) is based on term ‘‘facts found’’ in current on income.’’ Proposed § 5.422(a)(1) current § 3.271(f), pertaining to VA § 3.660(b)(1), VA interprets ‘‘facts cross-references this regulation and action when anticipated annual income found’’ and another phrase used in provides the general rule that increases is uncertain. We propose to expand on several effective date rules, ‘‘date are effective the date entitlement arose, the current provision to explicitly state entitlement arose,’’ to have the same or in this specific instance, the date that that this provision also applies when basic meaning. We propose to use only income changed. Proposed § 5.422 also there is evidence of record indicating one of these terms, ‘‘date entitlement states that generally, VA makes such the claimant’s anticipated annual arose,’’ to improve consistency. adjustments the first day of the month income may be higher than the claimant Proposed § 5.424(c) is based on after the income change, according to reports. Because the current regulation current § 3.660(b)(2), which pertains to current § 3.31, ‘‘Commencement of the does not bar consideration of evidence payment of Improved Pension benefits period of payment.’’ suggesting higher anticipated annual following nonentitlement for one Proposed § 5.422(a)(2) restates the income, it is VA’s current practice to reporting period. second sentence of current § 3.660(a)(2), consider such evidence. We believe this Proposed § 5.424(d) is derived from using revised language for the effective provision is fair to claimants and easy current § 3.652(b) and is a matter of date for payment of reduced or to administer. long-standing VA policy. Proposed discontinued benefits. Although the Proposed § 5.423(a)(1) also expands § 5.424(d) states that there is no time current regulation states that the award on § 3.271(f) to clarify that when limit to submit income evidence in will be reduced or discontinued anticipated annual income is expected order to reduce an overpayment; effective the end of the month in which to exceed the maximum annual pension however, the income evidence an increase in income occurred, in the rate, VA will not pay pension at that submitted must pertain to the time proposed regulation we have stated that time. VA will then adjust benefits or pay period for which the overpayment was the award will be reduced or pension upon the receipt of amended created. Although this provision is discontinued effective ‘‘the first day of income information (for example, implied in current § 3.652(b), we believe the month following the income information about deductible expenses). that positively stating it within the change.’’ VA has taken this approach We note that this provision is not new Improved Pension time limits section throughout the Regulation Rewrite and can be derived from current makes the provision clearer to readers. VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54789 Section 5.425 Frequency of Payment of 1957 Act primarily served to valid marriage as eligible for the same Improved Pension Benefits consolidate laws concerning veterans’ benefit. Current § 3.30 governs the frequency benefits into one statute. The text of one Current § 3.52(d) indicates that a legal of payment of Improved Pension and of the 1957 Act’s provisions is similar surviving spouse and a surviving spouse parents’ dependency and indemnity to current 38 U.S.C. 103(b). See sec. 103, of a deemed valid marriage may compensation (DIC). (The provisions Public Law 85–56, 71 Stat. 90. However, compete at the same time for the same concerning parents’ DIC are contained the law in effect before the passage of death benefits. In such cases, the in a different NPRM (70 FR 61326).) the 1957 Act also permitted using the wording of current § 3.52(d) suggests Paragraphs (a) through (d), and original date of marriage to determine if that a surviving spouse of a deemed paragraph (f) of current § 3.30 explain date of marriage requirements had been valid marriage will be recognized so that the amount of Improved Pension met where the surviving spouse and the long as the legal surviving spouse fails payable determines how often the veteran had been married more than to fulfill some factual criterion for the payment is made. The introduction to once. See sec. 3, Public Law 78–483, 58 award of death benefits. A legal current § 3.30 includes a caveat that if Stat. 804. surviving spouse may not be entitled to a beneficiary is subject to losing other Improved Death Pension, for example, Section 5.431 Effective Dates for due to excessive income. In this case, Federal benefit payments because Improved Death Pension pension payment is less often than the other claimant may be eligible for monthly, the beneficiary may choose to Current § 3.400(c) pertains to effective Improved Death Pension as a surviving receive monthly payment. Our proposal dates for all VA death benefits. spouse of a deemed valid marriage. When both a legal surviving spouse contains format and language changes Proposed § 5.431 is based on current and a person claiming to be a surviving only. There is no revision to the § 3.400(c) only as it pertains to spouse of a deemed valid marriage substance of the part 3 regulation. Improved Pension. apply for Improved Death Pension at the Proposed § 5.431(b) restates current Improved Death Pension Marriage Date same time and the legal surviving § 3.400(c)(1) pertaining to death in Requirements and Effective Dates spouse is not entitled to Improved Death service. We propose to not include Pension because his or her expected Section 5.430 Marriage Date current paragraph (c)(3)(i), which refers adjusted annual income appears to Requirements for Improved Death to claims received before October 1, exceed the maximum annual pension Pension. 1984, because we know of no such rate, VA will not recognize a surviving Proposed § 5.430 is based on current pending Improved Death Pension spouse of a deemed valid marriage until § 3.54, the regulation that limits, in the claims. Should one be discovered, the the Improved Pension time limits under case of post-service marriages, the class prior version of the regulations would current § 3.660(b)(1) have expired. In of surviving spouses eligible for pension control the effective date. Likewise, we this way, VA avoids the prospect of to those whose marriages satisfy one of propose not to include current making a duplicate payment in violation three conditions. We propose to paragraph (c)(3)(ii) for claims received of 38 U.S.C. 103(d). separate these provisions into separate on or after October 1, 1984, but before regulations because the Project is December 10, 2004, for the same Section 5.433 Effective Date of separating regulations according to reasons. Discontinuance of Improved Death Pension Payments to a Beneficiary No benefit type. Proposed regulations based Section 5.432 Deemed Valid Marriages on other provisions contained in current Longer Recognized as the Veteran’s and Contested Claims for Improved Surviving Spouse § 3.54 will be or have been contained in Death Pension separate NPRMs. Proposed § 5.433 is based on current Proposed § 5.430 reorganizes the Proposed § 5.432 is a new regulation § 3.657(a). Current § 3.657 addresses two provisions of current § 3.54(a) in order based on current § 3.52(d). In different effective date and payment to make it easier for the reader to locate VAOPGCPREC 20–90, 55 FR 40985 (Oct. adjustment scenarios when a surviving pertinent marriage date requirements. 5, 1990), VA’s General Counsel held that spouse is awarded Improved Death Proposed § 5.430(a)(1) contains a new the phrase ‘‘legal surviving spouse who Pension, or when his or her Improved sentence that explicitly states that has been found entitled to gratuitous Death Pension benefits are multiple marriage periods may be added death benefits’’ in § 3.52(d) does not discontinued. VA proposes to address together to meet the one-year apply to an individual who has been each of these situations in separate requirement. We believe this is a found to be the legal surviving spouse sections in subpart F of part 5 as reasonable interpretation of 38 U.S.C. of the veteran but who does not meet §§ 5.433 and 5.434. 1541(f)(2) because the statute does not the income requirements to qualify for The first scenario occurs when VA is provide that the period must be Improved Death Pension. In other paying Improved Death Pension to one continuous. Proposed § 5.430(a)(2) words, the mere fact of recognized beneficiary who claims to be the limits the wartime periods described to status as a legal surviving spouse is not surviving spouse of a veteran, but a the Mexican Border Period, World War sufficient to prevent a surviving spouse second person later claims Improved I and later periods because this group of of a deemed valid marriage from being Death Pension and successfully regulations pertains only to Improved entitled to gratuitous death benefits if establishes that he or she is actually the Pension. the legal surviving spouse does not veteran’s lawful surviving spouse. Proposed § 5.430(b) restates current show that he or she meets all the legal Current § 3.657(a) governs the effective § 3.54(e). We propose not to include the criteria for the award of the benefit. We date for the discontinuance of the award introductory clause in the first sentence propose this new regulation to clarify to the beneficiary previously recognized of current § 3.54(e), which limits the that this deemed valid provision means as the veteran’s surviving spouse. scope of § 3.54(e) to ‘‘periods that the legal surviving spouse must Proposed § 5.433 addresses this commencing after December 31, 1957.’’ have been found entitled under all of situation. January 1, 1958, is the effective date of the factual criteria for the award of the Proposed § 5.433(a) describes the the Veterans’ Benefits Act of 1957 (1957 benefit in order to bar the recognition of situation to which the section applies. Act), Public Law 85–56, 71 Stat. 83. The the surviving spouse of the deemed Proposed § 5.433(b) is substantively the VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54790 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules same as § 3.657(a) with two exceptions. that VA will adjust the payment to the surviving child’s support under current First, 38 U.S.C. 5112(b)(6) precludes former surviving spouse, and surviving § 3.57(d)(2). reduction or discontinuance of child depending on whether the child’s Alternatively, if a surviving child is compensation, DIC, or pension ‘‘by payment amount was lower, or equal to receiving Improved Death Pension, and reason of change in law or or greater than the former surviving the child’s parent or legal custodian administrative issue’’ or a ‘‘change in spouse’s payment amount. establishes eligibility for Improved interpretation of a law or administrative We propose a further wording change Death Pension as the veteran’s surviving issue’’ until ‘‘the last day of the month consistent with our proposal to clarify spouse, the child loses his or her following sixty days from the date of effective dates for reductions or separate entitlement. Therefore, we notice to the payee (at the payee’s last discontinuances. Rather than saying VA propose to amend the language of the address of record) of the reduction or will reduce or discontinue benefits existing provision and address its discontinuance.’’ We propose to add ‘‘effective the date of last payment,’’ we application to the Improved Pension this exception as § 5.433(b)(3). Again, propose to state that VA will reduce or program. we propose to phrase the effective date discontinue benefits ‘‘effective the first Current § 3.657(b) has been rewritten that VA pays a reduced amount or of the month that follows the month for to clarify effective dates and payment discontinues benefits in terms of the which VA last paid benefits.’’ Although adjustments that apply in the event the date that the reduced amount begins or it is longer, we believe the proposed surviving spouse’s Improved Pension discontinuance occurs. phrase is clearer than the current rule. payment amount is equal to the child’s Second, current § 3.657(a)(1) and (2) We propose this rewording because Improved Pension payment amount. refer to payments to the legal surviving ‘‘date of last payment’’ could have spouse being effective either before or varying meanings because VA pays one Section 5.435 Calculating Annual from ‘‘the date of filing claim.’’ Under month in arrears. Therefore, proposed Improved Pension Amounts for the provisions of 38 U.S.C. 5110(a), the § 5.434 clarifies that VA will begin Surviving Children effective date of an award based on an paying the new payee effective the same Proposed § 5.435 is derived from original claim, a reopened claim, or day it stops paying the previous payee current § 3.24, except for several claim for increase of compensation, in these cases. No substantive change is provisions from current § 3.24(a), which pension, or DIC is fixed in accordance intended. have been included elsewhere. The first We have restructured the material of with the facts found, but shall not be two sentences of current § 3.24(a) have earlier than the date of receipt of an current § 3.657(b) to make it easier to been incorporated in proposed § 5.370 application. The operative effective date follow and to clarify this rule’s as a definition of a surviving child. The is not the date of filing, but the date VA application to Improved Pension claims. third sentence of current § 3.24(a), receives the claim. Therefore, § 5.433 Current § 3.657(b) does not apply to concerning eligibility versus refers to the date of receipt of claim. Improved Pension in the same way that it applies to DIC. entitlement, has been included at the Section 5.434 Award, or Improved Pension is very different beginning of the Improved Pension Discontinuance of Award, of Improved from DIC in its treatment of children subpart, in § 5.371. The last sentence of Death Pension to a Surviving Spouse and surviving spouses. Under current current § 3.24(a), which cross-references Where Improved Death Pension § 3.24 (proposed § 5.435), children may and restates part of current § 3.23(d)(5), Payments to a Child Are Involved not establish separate entitlement to that a surviving spouse’s income Proposed § 5.434 is based on current Improved Death Pension if they are in includes that of surviving children in § 3.657(b), which concerns effective the custody of a surviving spouse who the surviving spouse’s custody unless it dates and payment adjustments to is eligible for Improved Pension. would cause hardship, is included in surviving spouses and children. This ‘‘Custody’’ for Improved Pension the hardship provisions in proposed involves two different situations: (1) purposes is defined in current § 3.57(d) § 5.411. The surviving spouse is found eligible (proposed § 5.417). Custody for Paragraphs (b)(1) and (b)(2) of for death benefits and a separate award Improved Pension purposes exists proposed § 5.435 are based on current for a surviving child in that surviving unless legally divested and does not § 3.24(c) and are rewritten in plain spouse’s custody must therefore be discontinue when the child reaches age language to improve readability. discontinued, or (2) the surviving 18. When such children are in the Proposed § 5.435(b)(3) includes the spouse continues to receive Improved custody of a surviving spouse who is provision from the last sentence of Death Pension for a period of time after eligible for Improved Death Pension, VA current § 3.57(d)(2) that if a surviving his or her eligibility discontinues (by considers them to be dependent child is in joint custody, the annual remarriage, for example) and the children of the surviving spouse for income of the natural or adoptive parent veteran’s surviving child is eligible and Improved Pension purposes rather than includes the income of the natural or entitled to receive Improved Death surviving children. adoptive parent’s spouse. Section 1542 of title 38, United States Pension because the surviving spouse is Non-Inclusion of Other Part 3 Code, provides, ‘‘The Secretary shall no longer eligible. In the second Provisions situation, we propose to refer to the pay to each child [who meets basic surviving spouse, who is no longer eligibility requirements] and who is not Previously in this NPRM in the eligible for benefits, as the ‘‘former’’ in the custody of a surviving spouse discussions concerning the new surviving spouse. eligible for [Improved Death Pension] proposed part 5 regulations, we Proposed § 5.434(a) is based on pension [at statutory rates].’’ Therefore, discussed regulations or portions of current §§ 3.657(b)(1) and 3.503(a)(9), if a surviving child is receiving regulations that we propose not to which provide that VA will discontinue Improved Death Pension, the fact that a include to part 5. We now discuss benefits to a surviving child effective surviving spouse also establishes several other provisions that we propose the date of last payment when a entitlement to Improved Death Pension not to include. surviving spouse establishes eligibility. has no effect on the surviving child’s We propose not to include § 3.1(w), Proposed § 5.434(b) is based on benefits if the surviving spouse is not a which briefly defines Improved current § 3.657(b)(2), which provides person legally responsible for the Pension. Because of the regulation VerDate Aug<31>2005 19:13 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54791 reorganization of the Project, this million or more or adversely affect in a at 69 FR 77578, December 27, 2004, as definition would not be needed. material way the economy, a sector of follows: the economy, productivity, competition, Endnote Regarding Amendatory jobs, the environment, public health or PART 5—COMPENSATION, PENSION, Language safety, or State, local, or tribal BURIAL, AND RELATED BENEFITS We intend to ultimately remove part governments or communities; (2) Create Subpart F—Nonservice-Connected 3 entirely, but we are not including a serious inconsistency or otherwise Disability and Death Pensions amendatory language to accomplish that interfere with an action taken or at this time. VA will provide public planned by another agency; (3) 1. The authority citation for part 5, notice before removing part 3. Materially alter the budgetary impact of subpart F, continues to read as follows: Paperwork Reduction Act entitlements, grants, user fees, or loan Authority: 38 U.S.C. 501(a) and as noted in programs or the rights and obligations of specific sections. Although this document contains recipients thereof; or (4) Raise novel regulations which include collections of legal or policy issues arising out of legal 2. Sections 5.370 through 5.459 and information under the provisions of the mandates, the President’s priorities, or their undesignated center headings are Paperwork Reduction Act (44 U.S.C. the principles set forth in the Executive added to subpart F to read as follows: 3501–3521), no new or proposed revised Order. Improved Pension Requirements— collections of information are associated Veterans, Surviving Spouses, and with these proposed rules. The The economic, interagency, Surviving Children information collection requirements for budgetary, legal, and policy these regulations are currently approved implications of this proposed rule have Sec. by the Office of Management and been examined and it has been 5.370 Definitions for Improved Pension. Budget (OMB) and have been assigned determined to be a significant regulatory 5.371 Eligibility and entitlement OMB control numbers 2900–0001 action under the Executive Order requirements for Improved Pension. because it is likely to result in a rule that 5.372 Wartime service requirements for (Veteran’s Application for Improved Pension. Compensation and/or Pension), 2900– may raise novel legal or policy issues arising out of legal mandates, the 5.373 Evidence of age in Improved Pension 0004 (Application for Dependency and claims. President’s priorities, or the principles Indemnity Compensation, Death 5.374–5.379 [Reserved] set forth in the Executive Order. Pension and Accrued Benefits by a Improved Disability Pension—Disability Surviving Spouse or Child), 2900–0095 Unfunded Mandates Determinations and Effective Dates (Pension Claim Questionnaire for Farm The Unfunded Mandates Reform Act 5.380 Disability requirements and Income), 2900–0101 (Improved Pension presumptions for Improved Disability Eligibility Verification Reports), and of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of Pension. 2900–0104 (Report of Accidental Injury 5.381 Permanent and total disability ratings in Support of Claim for Compensation anticipated costs and benefits before for Improved Disability Pension or Pension). issuing any rule that may result in an purposes. expenditure by State, local, or tribal 5.382 Improved Disability Pension— Regulatory Flexibility Act governments, in the aggregate, or by the combining disability ratings. The Secretary hereby certifies that private sector of $100 million or more 5.383 Effective dates for awards of this proposed regulatory amendment (adjusted annually for inflation) in any Improved Disability Pension. will not have a significant economic given year. This proposed rule would 5.384–5.389 [Reserved] impact on a substantial number of small have no such effect on State, local, or Special Monthly Pension Eligibility for entities as they are defined in the tribal governments, or on the private Veterans and Surviving Spouses Regulatory Flexibility Act, 5 U.S.C. 601– sector. 5.390 Special Monthly Pension for Veterans 612. This proposed amendment would Catalog of Federal Domestic Assistance and Surviving Spouses at the Aid and Attendance Rate. not affect any small entities. Therefore, Numbers and Titles pursuant to 5 U.S.C. 605(b), this 5.391 Special Monthly Pension for Veterans proposed amendment is exempt from The Catalog of Federal Domestic and Surviving Spouses at the Assistance program numbers and titles Housebound Rate. the initial and final regulatory flexibility 5.392 Effective Dates for Awards of Special analysis requirements of sections 603 for this proposal are 64.104, Pension for Monthly Pension. and 604. Non-Service-Connected Disability for 5.393–5.399 [Reserved] Veterans; 64.105, Pension to Veterans Executive Order 12866 Surviving Spouses, and Children; Maximum Annual Pension Rates Executive Order 12866 directs 64.115, Veterans Information and 5.400 Maximum Annual Pension Rates for agencies to assess all costs and benefits Assistance. Veterans, Surviving Spouses, and of available regulatory alternatives and, Surviving Children. when regulation is necessary, to select List of Subjects in 38 CFR Part 5 5.401 Automatic Adjustment of Maximum Annual Pension Rates. regulatory approaches that maximize Administrative practice and 5.402–5.409 [Reserved] net benefits (including potential procedure, Claims, Disability benefits, economic, environmental, public health Pensions, Veterans. Improved Pension Income, Net Worth, and and safety, and other advantages; Dependency Approved: June 15, 2007. distributive impacts; and equity). The 5.410 Countable Annual Income. Executive Order classifies a ‘‘significant Gordon H. Mansfield, 5.411 Counting a Child’s Income for regulatory action,’’ requiring review by Deputy Secretary of Veterans Affairs. parents’ Improved Pension. the Office of Management and Budget For the reasons set out in the 5.412 Income exclusions for calculating countable annual income. (OMB) unless OMB waives such review, preamble, VA proposes to further 5.413 Income deductions for calculating as any regulatory action that is likely to amend 38 CFR part 5, as proposed to be adjusted annual income. result in a rule that may: (1) Have an added at 69 FR 4832, January 30, 2004, 5.414 Net worth determinations for annual effect on the economy of $100 and as further proposed to be amended Improved Pension. VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54792 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 5.415 Effective dates for Improved Pension annual income is zero. The maximum continue to be entitled to Improved awards based on a change in net worth. annual pension rates are established by Pension. 5.416 Persons considered as dependents for law. The various types of maximum (1) Income. VA determines a Improved Pension. annual pension rates are set forth at claimant’s or beneficiary’s annual 5.417 Child custody for purposes of determining dependency for Improved § 5.400. Improved Pension amount by Pension purposes. Payments are cash and cash subtracting adjusted annual income 5.418–5.419 [Reserved] equivalents (such as checks and other from the maximum annual pension rate. negotiable instruments), and the fair A claimant is not entitled to benefits if Improved Pension—Income Reporting market value of personal services, Periods, Payments, Effective Dates, and Time his or her adjusted annual income is Limits goods, or room and board received in greater than the maximum annual lieu of other forms of payment. pension rate. See § 5.400, ‘‘Maximum 5.420 Reporting periods for Improved Special Monthly Pension is a type of Pension. annual pension rates for veterans, 5.421 How VA calculates an Improved Improved Pension with higher surviving spouses and surviving Pension payment amount. maximum annual pension rates than the children.’’ See also § 5.370 for the 5.422 Effective dates for changes to basic rates listed in § 5.400(a)(1) and (5). definitions of ‘‘adjusted annual Improved Pension payments due to a Special Monthly Pension is based on a income,’’ ‘‘annual Improved Pension change in income. veteran’s or surviving spouse’s amount,’’ and ‘‘maximum annual 5.423 Improved Pension determinations disability or disabilities ratable at 60 pension rate.’’ when anticipated annual income is percent or more, their housebound (2) Net worth. A claimant’s or uncertain. status, or their need of the aid and 5.424 Time limits to establish entitlement beneficiary’s net worth must not bar to Improved Pension or to increase the attendance of another person in payment of Improved Pension, as annual Improved Pension amount based performing their daily living habits. provided in § 5.414. A surviving child is a person who is on income. (Authority: 38 U.S.C. 1513, 1521, 1522, 1541, 5.425 Frequency of payment of Improved eligible for Improved Death Pension as 1542, 5303A) Pension benefits. the surviving child of a deceased 5.426–5.429 [Reserved] wartime veteran and who is not in the § 5.372 Wartime service requirements for Improved Pension. Improved Death Pension Marriage Date custody of a surviving spouse eligible to Requirements and Effective Dates receive Improved Death Pension. (a) Wartime periods for Improved Pension. The periods of war for 5.430 Marriage date requirements for § 5.371 Eligibility and entitlement Improved Death Pension. requirements for Improved Pension. Improved Pension purposes are those 5.431 Effective dates for Improved Death specified in § 5.20. (a) General. Improved Pension is a Pension. (b) Wartime service requirement for benefit payable to certain veterans or to 5.432 Deemed valid marriages and Improved Disability Pension. A veteran a veteran’s surviving spouse or contested claims for Improved Death has ‘‘wartime service’’ for Improved surviving child. Improved Pension is Pension. Disability Pension purposes if he or she 5.433 Effective date of discontinuance of paid monthly or as provided in § 5.425. served in the active military service for Improved Death Pension payments to a In order for Improved Pension benefits one or more of the following: beneficiary no longer recognized as the to be paid, beneficiaries must be both (1) A period of 90 consecutive days or veteran’s surviving spouse. eligible and entitled. 5.434 Award, or discontinuance of award, (b) Eligibility requirements for more, at least 1 day of which was during of Improved Death Pension to a a period of war. surviving spouse where Improved Death Improved Disability Pension. Veterans are eligible for Improved Disability (2) Ninety days or more during a Pension payments to a child are period of war. Separate periods of involved. Pension if they— 5.435 Calculating annual Improved Pension (1) Have wartime service under service within the same period of war amounts for surviving children. § 5.372 and are either can be added together to meet the 90- 5.436–5.459 [Reserved] (2) Age 65 or older; or day requirement. (3) Permanently and totally disabled (3) A total of 90 days or more in 2 or Eligibility for Improved Pension— more separate periods of service during Veterans, Surviving Spouses, and under § 5.381. (c) Eligibility requirements for more than 1 period of war. Surviving Children Improved Death Pension. (1) A (4) Any period of time during a period § 5.370 Definitions for Improved Pension. surviving spouse is eligible for of war if the veteran was: For the purposes of §§ 5.370 through Improved Death Pension if the deceased (i) Discharged or released for a 5.459: veteran had wartime service under disability that was determined to be Adjusted annual income means § 5.372. service-connected without presumptive countable annual income minus (2) A surviving child is eligible for provisions of law; or deductions described in § 5.413, Improved Death Pension if the deceased (ii) Official service records show that rounded down to the nearest dollar. veteran had wartime service under the veteran had such a service- Annual Improved Pension amount § 5.372. connected disability at the time of means the amount of Improved Pension (3) A surviving spouse or surviving discharge that in medical judgment payable to a beneficiary, calculated as child may be eligible for Improved would have justified a discharge for the maximum annual pension rate Death Pension regardless of whether the disability. minus adjusted annual income. veteran’s death is service-connected. (c) Wartime service requirement for Countable annual income means (d) Entitlement requirements for Improved Death Pension. For Improved payments of any kind from any source Improved Disability or Death Pension. Death Pension claims, the veteran met that are not specifically excluded under In addition to the eligibility the wartime service requirement if §§ 5.410, 5.411, or 5.412. requirements of paragraphs (b) and (c) of either of the following is true: Maximum annual pension rate means this section, a claimant or beneficiary (1) The veteran had wartime service the amount of Improved Pension must meet income and net worth as specified in paragraph (b) of this payable to a beneficiary whose adjusted requirements to be entitled or to section; or VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54793 (2) The veteran was, at the time of his (b) Criteria. In addition to the criteria participation in, a therapeutic or or her death, receiving or entitled to for determining total disability and rehabilitation activity under 38 U.S.C. receive disability compensation or permanency of total disability contained 1718. military retired pay for a service- in § 3.340 of this chapter, the following (Authority: 38 U.S.C. 1718(g)) connected disability based on service special considerations apply in during a period of war. Improved Disability Pension cases: (5) The authority granted the (1) Permanent total disability pension Secretary under 38 U.S.C. 1502(a)(4) to (Authority: 38 U.S.C. 1521(j), 1541(a), 1542) ratings will be authorized for congenital, classify as permanent and total those § 5.373 Evidence of age in Improved developmental, hereditary or familial diseases and disorders, the nature and Pension claims. conditions, provided the other extent of which, in the Secretary’s judgment, will justify such Where the age of a veteran or requirements for entitlement are met. determination, will be exercised under surviving spouse is material to the (2) The permanence of total disability § 3.321(b). decision of an Improved Pension claim, will be established as of the earliest date VA will accept as true the veteran’s or consistent with the evidence in the case. § 5.382 Improved Disability Pension— surviving spouse’s statement of age Active pulmonary tuberculosis not combining disability ratings. where it is consistent with all other otherwise established as permanently (a) Nonservice-connected disabilities. statements of age in the record. If the and totally disabling will be presumed VA will combine the disability ratings record contains inconsistent statements so after 6 months’ hospitalization assigned to multiple nonservice- of age, VA will use the youngest age of without improvement. The same connected disabilities in the manner record unless the veteran or surviving principle may be applied with other prescribed by 38 CFR part 4. spouse can submit documentation of an types of disabilities requiring (b) Nonservice-connected and service- older age in one of the ways outlined in hospitalization for indefinite periods. connected disabilities. In order to § 5.229 of this chapter. The need for hospitalization for periods determine whether a veteran is shorter or longer than 6 months may be (Authority: 38 U.S.C. 501(a)) permanently and totally disabled for a proper basis for determining Improved Pension purposes, VA will §§ 5.374–5.379 [Reserved] permanence. Where, in application of combine the disability ratings assigned this principle, it is necessary to employ to one or more nonservice-connected Improved Disability Pension— a waiting period to determine disabilities in the manner prescribed by Disability Determinants and Effective permanence of totality of disability and 38 CFR part 4, with the disability ratings Dates a report received at the end of such assigned to one or more service- § 5.380 Disability requirements and period shows the veteran’s condition is connected disabilities. unimproved, permanence may be presumptions for Improved Disability (Authority: 38 U.S.C. 1523(a)) Pension. established as of the date of entrance into the hospital. Similarly, when active (a) Veteran must be permanently and § 5.383 Effective dates for awards of pulmonary tuberculosis is improved totally disabled unless age 65 or older. Improved Disability Pension. after 6 months’ hospitalization but still Unless a veteran has attained age 65, he (a) General Effective Date Provisions. diagnosed as active after 12 months’ or she must meet disability (1) Except as provided in paragraph (b) hospitalization, permanence will also be requirements in order to be eligible for of this section, the effective date of an established as of the date of entrance Improved Disability Pension. The award of Improved Disability Pension into the hospital. In other cases the disability requirements are found in will be the later of either: rating will be effective the date the paragraph (b) of this section and in (i) The date of receipt of claim; or evidence establishes permanence. § 5.381, ‘‘Permanent and total disability (ii) The date the veteran became (3) Special consideration must be eligible (by attaining age 65 or by ratings for Improved Disability Pension given the question of permanence in the becoming permanently and totally purposes.’’ case of veterans under 40 years of age. disabled) and entitled (by meeting the (b) Presumption of permanent and For such veterans, permanence of total income and net worth requirements). total disability for certain veterans. A disability requires a finding that the end (2) If pension was previously claimed veteran is presumed permanently and result of treatment and adjustment to but was denied because the veteran’s totally disabled for Improved Disability residual handicaps (rehabilitation) will adjusted annual income was greater Pension purposes if the veteran is: be permanent disability of the required than the maximum annual pension rate, (1) A patient in a nursing home for degree precluding more than marginal the claim is subject to § 5.424, ‘‘Time long-term care because of disability; or employment. Severe diseases and limits to establish entitlement to (2) Disabled, as determined by the injuries, including multiple fractures or Improved Pension or to increase the Commissioner of Social Security for the amputation of a single extremity, annual Improved Pension amount based purposes of any benefits administered should not be taken to establish on income.’’ by the Commissioner. permanent and total disability until it is (b) Retroactive award. If all of the (Authority: 38 U.S.C. 1502(a), 1513) shown that the veteran, after treatment following criteria apply, the effective date of an award of Improved Disability § 5.381 Permanent and total disability and convalescence, has been unable to ratings for Improved Disability Pension secure or follow employment because of Pension will be the date the veteran purposes. the disability and through no fault of the became permanently and totally veteran. disabled or the date of receipt of the (a) General. Permanent total disability (4) The following will not be pension claim, whichever is to the ratings for Improved Disability Pension presumed as evidence of employability: veteran’s advantage: purposes are authorized for a disability (i) Employment as a member- (1) The veteran specifically requests a or a combination of disabilities that are employer or similar employment retroactive award; not the result of the veteran’s own obtained only in competition with (2) VA receives the claim for a willful misconduct whether or not they disabled persons. retroactive award not more than one are service connected. (ii) Participation in, or the receipt of year after the date the veteran became (Authority: 38 U.S.C. 1502(a), 1521(a)) a distribution of funds as a result of permanently and totally disabled; and VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54794 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules (3) The veteran was unable to submit veteran has a single, permanent entitlement arose, whichever date is a claim for at least the first 30 days after disability rated 100 percent disabling later. the date that the veteran became under the Schedule for Rating (b) Exception—when an award of permanently and totally disabled Disabilities in part 4 of this chapter Improved Pension is effective because of incapacitating disability. An (determinations of unemployability retroactively. Paragraph (b) of this incapacitating disability is a physical or under § 4.17 of this chapter do not section applies when an award of mental disability that prevents a veteran qualify), and either: Improved Pension is effective from filing a claim for pension. A (1) Has an additional disability or retroactively, and entitlement to special disability resulting from the veteran’s disabilities independently ratable at 60 monthly pension is established for all or willful misconduct does not qualify as percent or more under VA’s Schedule part of the retroactive period. incapacitating. An incapacitating for Rating Disabilities. The additional (Retroactively means that the award is disability may be a disability other than disability or disabilities must be effective prior to the date of receipt of that which made the veteran separate and distinct from the disability the claim.) In such cases, the effective permanently and totally disabled. A rated 100 percent disabling and must date of an award of special monthly disability need not require extensive involve different anatomical segments pension will be the later of the effective hospitalization to qualify, but a or bodily systems than the disability date of the Improved Pension award or disability that does require extensive rated 100 percent disabling; or the date entitlement to special monthly hospitalization will be presumed to be (2) Is ‘‘permanently housebound’’ by pension arose. incapacitating. reason of disability or disabilities. (Authority: 38 U.S.C. 5110) (Authority: 38 U.S.C. 5110(a) and (b)(3)) ‘‘Permanently housebound’’ means that the veteran is substantially confined to §§ 5.393–5.399 [Reserved] §§ 5.384–5.389 [Reserved] his or her residence and its immediate Maximum Annual Pension Rates premises. If the veteran is Special Monthly Pension Eligibility for § 5.400 Maximum annual pension rates for Veterans and Surviving Spouses institutionalized, ‘‘permanently housebound’’ means he or she is veterans, surviving spouses, and surviving children. § 5.390 Special monthly pension for substantially confined to the ward or veterans and surviving spouses at the aid clinical area of the institution. It must (a) Maximum annual pension rates. and attendance rate. be reasonably certain that the veteran’s The maximum annual rates of Improved (a) Eligibility. Special monthly disability or disabilities and resulting Pension for the following categories of pension based on the aid and confinement will continue throughout beneficiaries shall be the amounts attendance rate applies to a veteran or the veteran’s lifetime. specified in 38 U.S.C. 1521, 1541, and surviving spouse who is eligible for (b) Eligibility criteria for veterans who 1542, as increased from time to time Improved Pension under §§ 5.371 and are 65 years of age or older. (1) General. under 38 U.S.C. 5312. Each time there 5.372, and who is so significantly The veteran is 65 years of age or older, is an increase under 38 U.S.C. 5312, the disabled as to need the regular aid and and either: actual rates will be published in the attendance of another person. (i) Has a disability or disabilities ‘‘Notices’’ section of the Federal (b) Eligibility criteria. VA considers a ratable at 60 percent or more under VA’s Register. (1) Veterans who are permanently and claimant or beneficiary to be in need of Schedule for Rating Disabilities in part totally disabled or age 65 or older. aid and attendance if the claimant or 4 of this Chapter; or beneficiary: (ii) By reason of disability or (Authority: 38 U.S.C. 1521(b) or (c)) (1) Has 5/200 visual acuity or less in disabilities, is ‘‘permanently (2) Veterans who are housebound. both eyes with corrective lenses; or housebound’’ as defined in paragraph (2) Has concentric contraction of the (Authority: 38 U.S.C. 1521(e)) (a)(2) of this section; visual field to 5 degrees or less in both (2) Special rule for veterans who are (3) Veterans who are in need of aid eyes; or and attendance. (3) Is a patient in a nursing home 65 years of age or older and have because of mental or physical permanent and total disability. If the (Authority: 38 U.S.C. 1521(d)) incapacity; or veteran is 65 years of age or older and (4) Two veterans who are married to (4) Establishes a factual need for aid also has permanent and total disability, one another; combined rates. the veteran must meet the requirements and attendance as set forth in § 3.352, (Authority: 38 U.S.C. 1521(f)) Criteria for determining need for aid and of paragraph (a) of this section in order (5) Surviving spouse who is alone or attendance and ‘‘permanently to receive special monthly pension. who is with a child or children of the bedridden.’’ (c) Eligibility criteria for surviving spouses. The surviving spouse is deceased veteran in custody of the (Authority: 38 U.S.C. 1502(b), 1521(d) and permanently housebound because of a surviving spouse. 1541(d)) disability or disabilities. The meaning of (Authority: 38 U.S.C. 1541(b) or (c)) § 5.391 Special monthly pension for ‘‘permanently housebound’’ for (6) Surviving spouses who are veterans and surviving spouses at the surviving spouses is the same as its housebound. housebound rate. meaning for veterans in paragraph (a)(2) A veteran or surviving spouse is of this section. (Authority: 38 U.S.C. 1541(e)) eligible for special monthly pension (Authority: 38 U.S.C. 1502(c), 1521(e), (7) Surviving spouses who are in need based on the housebound rate if he or 1541(e)) of aid and attendance. she is eligible for Improved Pension (Authority: 38 U.S.C. 1541(d)) under §§ 5.371 and 5.372, does not need § 5.392 Effective dates for awards of regular aid and attendance, and meets special monthly pension. (8) Surviving child or children of a the criteria of paragraph (a), (b), or (c) (a) General. The effective date for an deceased veteran, when the child or of this section. award of special monthly pension will children have no personal custodian or (a) Eligibility criteria for veterans with be either the date VA received the claim are in the custody of an institution. permanent and total disability. The for special monthly pension or the date (Authority: 38 U.S.C. 1542) VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54795 (b) World War I veterans. The (b) Whose income is countable?—(1) such income for 12 months from the applicable maximum annual pension Improved Disability Pension for first of the month after it was received. rate payable to a World War I veteran veterans. The income of a veteran (3) Irregular income. Irregular income under this section shall be increased by includes the veteran’s income and that is income that a claimant or beneficiary the amount specified in 38 U.S.C. of the veteran’s dependent spouse, receives or expects to receive in unequal 1521(g), as increased from time to time regardless of whether the spouse’s amounts or at different intervals during under 38 U.S.C. 5312. Each time there income is available to the veteran. It a reporting period. VA will count the is an increase under 38 U.S.C. 5312, the also includes the income of each first installment of irregular income for actual rate will be published in the dependent child (as defined in 12 months from the first of the month ‘‘Notices’’ section of the Federal § 5.416(b)), subject to § 5.411, ‘‘Counting after it was received. Thereafter, VA will Register. a child’s income for Improved Pension.’’ count irregular income for 12 months (c) Dependents. The maximum annual (2) Improved Death Pension for from the beginning of the reporting pension rates will increase if the veteran surviving spouses. The income of a period in which it is received. has a spouse or one or more dependent surviving spouse includes the surviving (d) Waived income. If a person waives children. The maximum annual pension spouse’s income and the income of each income that cannot be excluded under rates will increase if a surviving spouse dependent child of the deceased veteran § 5.412, VA must count the waived has custody of the deceased veteran’s in the surviving spouse’s custody, income. However, if the person surviving children. The applicable subject to § 5.411, ‘‘Counting a child’s withdraws a claim for Social Security maximum annual pension rate payable income for Improved Pension.’’ benefits in order to maintain eligibility under this section shall be increased by (3) Improved Death Pension for for unreduced Social Security benefits the amount specified in 38 U.S.C. 1521 surviving children. The income of a upon reaching a particular age, VA will and 1541, as increased from time to time surviving child includes the income of not regard this potential income as under 38 U.S.C. 5312. Each time there that child’s custodial parent and the having been waived and will therefore is an increase under 38 U.S.C. 5312, the income of other surviving children as not count it. actual rates will be published in the described in § 5.435, ‘‘Calculating (e) Salary. Income from a salary is not ‘‘Notices’’ section of the Federal annual Improved Pension amounts for determined by ‘‘take home’’ pay. VA Register. surviving children.’’ counts as income the gross salary (c) Categories and counting of income. (Authority: 38 U.S.C. 1521, 1541, 1542) (earnings or wages) without any If there is more than one way to deductions. However, an employer’s § 5.401 Automatic adjustment of maximum categorize income, it will be categorized contributions to health and annual pension rates. in the way that is most to the claimant’s hospitalization plans are not included (a) Pension rates increase when Social or beneficiary’s advantage. Payments of in gross salary. Security benefits increase. VA will any kind from any source will be (f) Income-producing property. increase each maximum annual pension counted as income during the reporting Income from real or personal property rate whenever there is a cost-of-living period in which it was received unless counts as income of the property’s increase in Social Security benefit specifically excluded under this section, owner. This includes property acquired amounts under title II of the Social § 5.411, or § 5.412. See § 5.420, through purchase, gift, or inheritance. Security Act (42 U.S.C. 415(i)), which ‘‘Reporting periods for Improved (1) Proof of ownership. VA will pertains to the Federal Old-Age, Pension.’’ consider the terms of the recorded deed Survivors, and Disability Insurance (1) Recurring income. Recurring or other evidence of title as proof of Benefits program. VA will increase the income is income a claimant or maximum annual pension rates by the beneficiary receives or expects to ownership. same percentage as the Social Security receive in equal amounts and at regular (2) Income from jointly-owned increase, and the increase will be intervals (e.g., weekly, monthly, property. Where a person owns property effective on the same date as the Social quarterly, etc.). There are two categories jointly with others, including Security increase. of recurring income as follows: partnership property, VA will only (b) New rates are published in the (i) Long-term. Long-term recurring count that portion of income produced Federal Register. Whenever the income continues for an entire reporting by the property that represents the maximum annual pension rates period. VA will count such income person’s share of the ownership of the increase, VA will publish the new rates during the reporting period in which it property. in the ‘‘Notices’’ section of the Federal was received. If the initial payment was Note: If a beneficiary’s income includes Register. received after the beginning of the that of his or her spouse, and both the beneficiary and spouse are co-owners of a (Authority: 38 U.S.C. 5312(a)) reporting period, VA will count such income for 12 months from the first of property that produces income, then income §§ 5.402–5.409 [Reserved] the month after the initial payment was representing both co-owned shares is included as income to the beneficiary. Improved Pension Income, Net Worth, received. Thereafter, VA will count such and Dependency income during the reporting period in (3) Transfer of ownership with which it is received. retention of income. If a person transfers § 5.410 Countable annual income. (ii) Short-term. Short-term recurring ownership of property to another person (a) Time of receipt of income. (1) For income stops before it has been received or legal entity, but retains the right to Improved Disability Pension claims, VA for at least one full reporting period. VA income, the income will be counted. does not include income received before will count such income for 12 months (Authority: 38 U.S.C. 1503, 1521, 1541) the effective date of the beneficiary’s from the first of the month after the award. initial payment was received. § 5.411 Counting a child’s income for (2) For Improved Death Pension (2) Nonrecurring income. parents’ Improved Pension. claims, VA does not include income Nonrecurring income is income that a (a) When to include a child’s income received before the date of the veteran’s claimant or beneficiary receives or in the veteran’s or surviving spouse’s death or income received before the expects to receive on a one-time basis countable annual income. Subject to effective date of the award. (e.g., an inheritance). VA will count paragraphs (a)(1) and (a)(2) of this VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54796 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules section, for each child of the veteran include food, clothing, healthcare, and (Authority: 38 U.S.C. 1503(a)(1), 1718(f)(3)) who is in the veteran’s or surviving shelter. VA may include other expenses (b) Certain VA benefit payments. The spouse’s custody, VA counts that that are necessary to support a following VA benefit payments: portion of the child’s annual income reasonable quality of life, as determined (1) VA nonservice-connected that is reasonably available to the on a case-by-case basis. disability or death pension payments, veteran or surviving spouse. There is a (c) Child’s earned income. This including accrued benefits. rebuttable presumption that all of such paragraph (c) applies whether the child (2) The veteran’s month-of-death rate a child’s annual income is reasonably is a dependent child or a surviving paid to a surviving spouse under available to the veteran or surviving child. A child’s earned income, which § 3.20(c) of this chapter. spouse. is current work income received during (3) VA benefits listed in [regulation (1) Inclusion of a child’s income when the year, is countable for VA purposes. that will be published in a future Notice it is reasonably available to the veteran VA will deduct from such earned of Proposed Rulemaking]. or surviving spouse. VA considers a income the amounts described in (Authority: 38 U.S.C. 1503(a)(2), 5310(b)) child’s annual income reasonably paragraphs (c)(1) and (c)(2) of this available to the veteran or surviving section. (c) Casualty loss reimbursement. spouse when it can readily be applied (1) VA will deduct from a child’s Reimbursements of any kind for any to meet the veteran’s or surviving earned income the lowest amount of casualty loss, but only up to the greater spouse’s expenses necessary for gross income for which an unmarried of the fair market value or the reasonable family maintenance, as person must file a Federal Income Tax reasonable replacement value of the defined in paragraph (b) of this section. return if the person is not a surviving property involved immediately (2) Exclusion of a child’s income spouse or a head of household. For the preceding the loss. For purposes of this when counting it would create a law regarding this amount, see 26 U.S.C. section, a ‘‘casualty loss’’ is the hardship. If a veteran or surviving 6012. For the definitions of the terms complete or partial destruction of spouse specifically claims that counting ‘‘unmarried person,’’ ‘‘surviving property resulting from an identifiable a child’s income would result in spouse,’’ and ‘‘head of household’’ for event of a sudden, unexpected or hardship, VA will exclude all or part of purposes of this paragraph (c), see 26 unusual nature. a child’s available income if VA U.S.C. 2(a) and (b), 7703. See also (Authority: 38 U.S.C. 1503(a)(5)) determines that counting it would create http://www.irs.gov. (d) Profit from sale of non-business a hardship for the veteran or the (2) VA will deduct from a child’s property. Profit realized from the surviving spouse. The effective date for earned income the amount the child disposition of real or personal property the hardship exclusion is determined by pays for educational expenses if the other than in the course of a business. § 5.424, ‘‘Time limits to establish child is pursuing post-secondary However, any amounts received in entitlement to Improved Pension or to education or vocational rehabilitation. excess of the sales price, such as interest increase the annual Improved Pension This includes tuition, fees, books, and payments on deferred sales, will be amount based on income.’’ VA takes the materials. counted as income. If payments are following steps in calculating the (Authority: 38 U.S.C. 1503(a)(10), 1521, 1541) received in installments, the amount of the hardship exclusion: installments received will not begin to (i) Adjusted annual income § 5.412 Income exclusions for calculating count as income until the total of countable annual income. determined. VA first determines the installments received is equal to the veteran’s or surviving spouse’s adjusted VA will not count income from the sales price. annual income without considering following sources when calculating hardship. countable income for Improved Pension: (Authority: 38 U.S.C. 1503(a)(6)) (ii) Annual Improved Pension amount (a) Donations received. Donations (e) Joint accounts. Amounts in joint determined. VA then determines the received from public or private relief or accounts in banks or similar institutions veteran’s or surviving spouse’s annual welfare organizations. Examples include acquired because of the death of the Improved Pension amount without the following: other joint owner. (1) The value of maintenance considering hardship. (Authority: 38 U.S.C. 1503(a)(7)) (iii) Annual expenses necessary for furnished by a relative, friend, or a civic reasonable family maintenance or governmental charitable organization, (f) Survivor benefit annuity. Payments calculated. VA then calculates the including money paid to an institution made by the Department of Defense to claimant’s annual expenses necessary for care due to a person’s impaired qualified surviving spouses of veterans for reasonable family maintenance, as health or advanced age. However, if the who died before November 1, 1953. defined in paragraph (b) of this section. maintenance is excluded as income (This does not include Survivor Benefit However, VA cannot include expenses under this provision, VA cannot deduct Plan (SBP) annuity payments or SBP already deducted in determining it as an unreimbursed medical expense Minimum Income Widow(er)’s Annuity adjusted annual income. under § 5.413. Plan payments, which count as income.) (iv) Amount of hardship exclusion. (2) Benefits received under means- (Authority: 10 U.S.C. 1448 note; Section The expense amount greater than tested programs, for example, 653(d), Pub. L. 100–456, 102 Stat 1991) adjusted annual income plus the annual Supplementary Security Income (g) Radiation Exposure Compensation Improved Pension amount is the payments. Act payments. Payments made under amount of the hardship exclusion. (3) Payments from the VA Special section 6 of the Radiation Exposure However, the amount of the hardship Therapeutic and Rehabilitation Compensation Act of 1990. exclusion shall not exceed the available Activities Fund for participating in VA- income of any child or children. approved therapy or rehabilitation (Authority: 42 U.S.C. 2210 (note)) (b) Expenses necessary for reasonable under 38 U.S.C. 1718, or in a program (h) Ricky Ray Hemophilia Relief Fund family maintenance. For the purposes of of rehabilitation which is conducted by payments. Payments made under this section, ‘‘expenses necessary for a VA-approved State home and which section 103(c) and excluded under reasonable family maintenance’’ are conforms to the requirements of 38 103(h)(2) of the Ricky Ray Hemophilia expenses for basic necessities. Examples U.S.C. 1718. Relief Fund Act of 1998. VerDate Aug<31>2005 19:13 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54797 (Authority: 42 U.S.C. 300c–22 (note)) have been paid within the reporting veteran’s, spouse’s, or child’s last illness (i) Energy Employees Occupational period regardless of when the and burial. In Improved Death Pension Illness Compensation Program indebtedness was incurred. For the cases, final expenses also include a payments. Payments made under the purpose of authorizing prospective veteran’s just debts. Energy Employees Occupational Illness payment of benefits, VA may accept a (ii) Last illness. For purposes of this Compensation Program. claimant’s or beneficiary’s estimate of section, ‘‘last illness’’ means the future medical expenses based on a medical condition that was the primary (Authority: 42 U.S.C. 7385e(2)) clear and reasonable expectation that or secondary cause of a person’s death (j) Payments to Aleuts. Payments they will continue, subject to necessary as indicated on the person’s death made to certain Japanese-Americans or adjustment upon receipt of an amended certificate. Aleuts under 50 U.S.C. Appx. 1989b–4 estimate or upon receipt of a medical (iii) Veteran’s just debts. A veteran’s or 1989c–5. expense report. A change in medical just debts are those debts that the (Authority: 50 U.S.C. Appx. 1989b–4(f)(2), expenses is a change in income. See veteran incurred or those debts that the 1989c–5(d)(2)) § 3.660(a) of this chapter (concerning veteran and spouse incurred jointly the beneficiary’s responsibility to during the veteran’s life. The term just (k) Other amounts. The following are inform VA concerning income changes). debts does not include any debt that is excluded because VA does not consider (1) What amount of unreimbursed secured by real or personal property. them as ‘‘payments’’: medical expenses will VA deduct? VA (2) Final expenses that VA will deduct (1) Dividends on commercial will deduct from countable annual from countable annual income—(i) insurance policies and cash surrender of income any unreimbursed (out of Veteran awards. VA will deduct life insurance to the extent that they pocket) medical expenses (excluding amounts paid by a veteran for the last represent return of premiums. However, ‘‘final expenses’’ as defined in illness and burial of the veteran’s interest earned is considered a payment. paragraph (c) of this section) that exceed spouse or child, and amounts paid by a (2) Income Tax refunds. 5 percent of the beneficiary’s maximum veteran’s spouse for the last illness and (3) Interest on Individual Retirement annual pension rate. The maximum burial of the veteran’s child. Accounts that cannot be withdrawn annual pension rate that VA uses for (ii) Surviving child awards. VA will without incurring a penalty. this calculation includes the maximum deduct amounts paid by a surviving (4) Interest on prepaid burial plans annual pension rates for established child for the veteran’s final expenses that is added to the value of the policy dependents. It does not include the and just debts. and is not available to the policy holder. maximum annual pension rates based (iii) Surviving spouse awards. VA will (5) Royalties received for extracting on aid and attendance or housebound deduct amounts paid by a surviving minerals. eligibility. VA will use the maximum spouse for the final expenses of the (6) School scholarships and grants annual pension rate that is in effect for veteran or the veteran’s child, and the earmarked for specific educational the period(s) during which VA deducts just debts of the veteran. purposes to the extent they are used for the expenses. (iv) Surviving spouse’s prior payments those purposes. (2) Whose medical expenses will VA of veteran’s last illness expenses. VA (7) Benefits payable but withheld, deduct?—(i) Improved Disability will deduct during the surviving such as Social Security withheld to Pension—veteran or veteran’s spouse. spouse’s initial reporting period recoup an overpayment. This does not Amounts paid by the veteran or the amounts paid by the surviving spouse apply to VA benefits withheld to recoup veteran’s spouse for the unreimbursed before the veteran’s death for the an overpayment. medical expenses of the veteran, the veteran’s last illness when: (8) Amounts listed in [regulation that veteran’s spouse, and those members or (A) The surviving spouse made the will be published in a future Notice of constructive members of the veteran’s or payments no more than one year before Proposed Rulemaking]. spouse’s household, including children, the veteran died; and (Authority: 38 U.S.C. 1503) parents, or other relatives, for whom (B) VA received the surviving spouse’s Improved Death Pension claim § 5.413 Income deductions for calculating there is a moral or legal obligation of adjusted annual income. support. no later than one year after the veteran’s (ii) Improved Death Pension— death. (a) General rule for allowing surviving spouse. Amounts paid by the (3) Final expenses that VA will not deductions. Except as otherwise surviving spouse for the surviving deduct from countable annual income. provided in paragraph (c)(2)(iv) of this spouse’s own unreimbursed medical VA will not deduct final expenses from section, VA will only allow deductible expenses and those of members or a beneficiary’s countable annual income expenses for the initial reporting period constructive members of the surviving if: or annual reporting period during which spouse’s household, including children, (i) The expenses are reimbursed under the expense was paid, regardless of parents, or other relatives, for whom 38 U.S.C. chapter 23 (see subpart J of when the expense was incurred. VA there is a moral or legal obligation of this part concerning VA burial benefits) will only allow deductible losses for the support. or 38 U.S.C. chapter 51 (see § 5.551(e) initial reporting period or annual (iii) Improved Death Pension— concerning the use of accrued benefits reporting period during which the loss surviving child. Amounts paid by a to reimburse expenses of last illness or was sustained. For the definitions of surviving child for the surviving child’s burial); or initial reporting period and annual own unreimbursed medical expenses (ii) The expenses are deducted as reporting period, see § 5.420, ‘‘Reporting and those of parents, brothers, or sisters unreimbursed medical expenses under periods for Improved Pension.’’ are deductible. paragraph (b) of this section. (b) Unreimbursed medical expenses. Within the provisions of the following (Authority: 38 U.S.C. 1503(a)(8)) Authority: 38 U.S.C. 1503(a)(3), (4)) paragraphs, there will be deducted from (c) Final expenses—(1) Definitions. (i) (d) Educational expenses. VA will the amount of an individual’s countable Final expenses, for the purposes of this deduct educational expenses from a annual income any unreimbursed section, are expenses paid by an veteran’s or surviving spouse’s amounts for medical expenses which Improved Pension beneficiary for a countable annual income. For purposes VerDate Aug<31>2005 19:13 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54798 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules of this educational expense deduction, (Authority: 38 U.S.C. 501) relative living in the same household, educational expenses include payments (g) Business, farm, or profession—(1) VA will include the value of the a veteran or surviving spouse makes for Necessary operating expenses. VA will property as net worth unless it is clear his or her own course of education, deduct from income from a business, that the one who gave the property has vocational rehabilitation, or training. It farm, or profession necessary operating given up all rights of ownership, includes tuition, fees, books, and expenses such as the cost of goods sold including the right to control the materials. If the veteran or surviving and payments for rent, taxes, upkeep, property. spouse is in need of aid and attendance, repairs and replacements. The value of (b) How net worth affects veteran and it also includes unreimbursed unusual an increase in stock inventory of a surviving spouse Improved Pension transportation expenses associated with business is not income. awards. (1) A veteran’s net worth the pursuit of the course of education, (2) Depreciation. Depreciation of a includes the net worth of the veteran and the net worth of the veteran’s vocational rehabilitation, or training. farm, business, or profession is not spouse. A surviving spouse’s net worth VA considers transportation expenses deductible from income produced by includes that of the surviving spouse ‘‘unusual’’ if they are greater than the that farm, business, or profession. amount a person without a disability only. (3) Business and investment losses. (2) VA must deny or discontinue would reasonably spend on an Losses sustained in operating a appropriate means of transportation Improved Pension if VA determines it is business, farm, profession, or from reasonable to expect that some part of (public transportation, if reasonably transactions involving investment available). Scholarships and grants are the net worth should be used for the property, may be deducted only from claimant’s or beneficiary’s living not considered income for VA purposes income derived from the source that when used specifically for educational expenses. VA must consider the sustained the loss. expenses, thus these two items are not veteran’s or surviving spouse’s adjusted deductible for educational expenses. (Authority: 38 U.S.C. 501) annual income when determining whether net worth is a bar to Improved See also § 5.411(c)(2) (deducting a § 5.414 Net worth determinations for child’s educational expenses from his or Improved Pension. Pension under paragraph (d) of this her earned income). section. (a) Definition of net worth. For (c) How a child’s net worth affects (Authority: 38 U.S.C. 1503(a)(9)) Improved Pension purposes, ‘‘net Improved Pension awards—(1) Child in (e) Gambling income and losses. VA worth’’ means the market value of the custody of veteran or surviving spouse. will deduct from gambling gross claimant’s or beneficiary’s real and Increased pension payable to a veteran winnings any gambling losses to arrive personal property, minus mortgages or or surviving spouse on account of a at net gambling income. Only net other encumbrances. VA excludes the child will be denied or discontinued gambling income is countable. claimant’s or beneficiary’s residence when the net worth of the child is such (Authority: 38 U.S.C. 501) (single-family unit), which also includes that under all circumstances including a reasonable lot area. VA also excludes consideration of the veteran’s or (f) Expenses and awards or the value of personal effects suitable to surviving spouse’s adjusted annual settlements for death or disability. VA and consistent with the claimant’s or income, it is reasonable that some part will deduct from income received based beneficiary’s reasonable mode of life, of the child’s net worth be consumed for on an award or settlement for death or such as appliances and family disability any medical, legal, or other the child’s maintenance. transportation vehicles. (2) Surviving child. VA must deny or expenses that are incident to such death (1) Personal residence. Because the discontinue Improved Death Pension to or disability or are incident to the value of a residence is not considered, a surviving child if VA determines that collection or recovery of such an award VA will not consider mortgages on that some part of the child’s net worth or settlement. However, medical property as a deduction under should be used for the child’s living expenses cannot be deducted under this paragraph (a) of this section. expenses. paragraph (f) if they are paid after the (2) Reasonable lot area. VA will (i) Surviving child not in custody or in date that the award or settlement evaluate a ‘‘reasonable lot area’’ by custody of an institution. If a surviving payment was received. Medical considering the size of other residential child has no personal custodian or is in expenses paid after that date may be lots in the vicinity. If the claimant or the legal custody of an institution, VA deducted under paragraph (b) of this beneficiary lives on a farm, VA will will consider only the child’s net worth section as unreimbursed medical exclude the value of a reasonable lot and adjusted annual income when expenses. VA will not deduct the same area, including the residence area, and determining whether net worth is a bar medical expenses under paragraph (b) of consider the rest of the farm as part of to Improved Death Pension under this section that it deducts under this net worth. paragraph (f). For purposes of this paragraph (d) of this section. (3) Proof of ownership. VA will (ii) Surviving child in custody of a paragraph (f), the award or settlement consider the terms of the recorded deed person legally responsible for the child’s may be from any of the following or other evidence of title to be proof of support. If the child is living with a sources: (1) Commercial insurance (disability, ownership. person who is legally responsible for the accident, life, or health). (4) Asset transfers. (i) If a claimant or child’s support, the child’s net worth (2) The Office of Workers’ beneficiary gives property to a relative includes that person’s net worth. If the Compensation Programs of the U.S. living in the same household, VA will child is in joint custody as provided in Department of Labor. include the value of the property as part § 5.417(e), the child’s net worth also (3) The Social Security of the claimant’s or beneficiary’s net includes the stepparent’s net worth. VA Administration. worth. This also applies if the claimant must consider the adjusted annual (4) The Railroad Retirement Board. or beneficiary sells the property to a income of the child as provided in (5) Any worker’s compensation or relative in the same household at such § 5.435(b) when determining whether employer’s liability statute. a low price that it amounts to a gift. net worth is a bar to Improved Death (6) Legal damages collected for (ii) If a claimant or beneficiary gives Pension under paragraph (d) of this personal injury or death. property to someone other than a section. VerDate Aug<31>2005 19:19 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54799 (3) Child educational exclusion. [regulation that will be published in a applies, a child is a dependent child for When calculating the amount of a future Notice of Proposed Rulemaking]. Improved Pension purposes if at least child’s net worth, VA will exclude (Authority: 38 U.S.C. 1522, 1543) one of the following criteria apply: reasonable amounts for actual or (1) The child is in the veteran’s or estimated future educational or § 5.415 Effective dates for Improved surviving spouse’s custody. The term vocational expenses. VA will exclude Pension awards based on a change in net ‘‘custody’’ for Improved Pension only the amount needed to cover the worth. purposes is defined in § 5.417. The child’s education or vocational expenses (a) Effective date for reduction or child need not be living with the until he or she reaches age 23. discontinuance of Improved Pension veteran or surviving spouse to be in (d) Determining whether net worth is award when net worth increases. If an custody; or a bar to Improved Pension. In increase in a beneficiary’s net worth (2) The veteran reasonably contributes determining whether net worth is a bar requires VA to discontinue Improved to the child’s support. Whether support to Improved Pension, VA will consider Pension, VA will discontinue the contributions are reasonable is a factual the claimant’s or beneficiary’s adjusted Improved Pension award effective the matter that VA determines. annual income as defined in § 5.370, first day of the year following the year (c) When a child’s net worth bars along with all of the claimant’s or that net worth increased. If an increase dependency status. If a child’s net worth beneficiary’s living expenses. However, in a child’s net worth requires VA to is a bar under § 5.414(c)(1), that child is in considering the claimant’s or reduce or discontinue Improved not a dependent child for Improved beneficiary’s living expenses, VA cannot Pension under § 5.414(c), VA will Pension purposes. consider expenses it excluded or reduce the payment amount or discontinue the Improved Pension (Authority: 38 U.S.C. 1521, 1522(b), 1541, deducted in determining adjusted 1543(a)(2)) annual income. In addition to award effective the first day of the year considering these income and expense following the year that net worth § 5.417 Child custody for purposes of factors, VA will also take the following increased. determining dependency for Improved factors into account: (Authority: 38 U.S.C. 5112(b)(4)(B)) Pension purposes. (1) Value of liquid assets. The value (b) Claims previously denied or This section applies to determinations of liquid assets (assets that the claimant awards previously discontinued because of eligibility and entitlement to or beneficiary can readily convert into of net worth. When a claim for Improved Improved Pension. cash). Pension has been denied or an award of (a) Definition of child custody. If a (2) Number of family members. The Improved Pension has been reduced or veteran, surviving spouse, or person number of family members (as defined discontinued due to net worth, legally responsible for the support of a in § 3.250) who depend on the claimant Improved Pension may be paid if there child has the legal right to exercise or beneficiary for support. is a reduction in net worth. If the date parental control and has responsibility (3) Life expectancy. The claimant’s or net worth ceased to be a bar occurs for the welfare and care of the child, beneficiary’s average life expectancy before the previous denial or that person has custody of the child. and the potential rate of depletion of the discontinuance has become final, the (b) Child custody presumed. A child claimant’s or beneficiary’s net worth. effective date of resumption of pension of the veteran who is residing with the (e) Statutory exclusions from net veteran, with the surviving spouse of worth. A claimant’s or beneficiary’s net benefits will be the date that net worth ceased to be a bar. If the date net worth the veteran who is the child’s natural or worth does not include the following adoptive parent, or with the person resources excluded by statute: ceased to be a bar occurs after the previous denial or discontinuance has legally responsible for the child’s (1) Radiation Exposure Compensation support, shall be presumed to be in the Act payments. Payments under Section become final, the effective date of resumption of pension benefits will be custody of that individual. 6 of the Radiation Exposure (c) What if the child does not live with Compensation Act of 1990. assigned under § 5.383 (Improved Disability Pension) or § 5.431 (Improved the persons listed in paragraph (b)? If (Authority: 42 U.S.C. 2210 note) Death Pension). the child does not live with a person listed in paragraph (b) of this section, (2) Ricky Ray Hemophilia Relief Fund (Authority: 38 U.S.C. 5110(a)) payments. Payments made under VA still considers the child to be in the section 103(c) and excluded under Cross reference: Finally adjudicated custody of that person unless there is a 103(h)(2) of the Ricky Ray Hemophilia claims. See § 3.160(d). legal determination removing custody. Relief Fund Act of 1998. § 5.416 Persons considered as (d) Definition of person legally responsible for the child’s support. A (Authority: 42 U.S.C. 300c–22(note)) dependents for Improved Pension. (a) Criteria for a dependent spouse. A person who is legally responsible for a (3) Energy Employees Occupational veteran’s spouse is a dependent spouse child’s support is a person who is under Illness Compensation Program for Improved Disability Pension a legal obligation, such as by law or payments. Payments made under the purposes if at least one of the following court order, to provide for the child’s Energy Employees Occupational Illness criteria apply: support. Such person includes a natural Compensation Program. (1) The veteran lives with the spouse. or adoptive parent unless child custody (Authority: 42 U.S.C. 7385e(2)) (2) The veteran and the spouse live has been legally removed from the natural or adoptive parent. Such person (4) Payments to Aleuts. Payments apart but are not estranged. may also include the natural or adoptive made to certain Japanese-Americans or (3) The veteran and the spouse live parent’s spouse as provided in Aleuts under 50 U.S.C. Appx. 1989b–4 apart and are estranged, but the veteran paragraph (e) of this section. or 1989c–5. reasonably contributes to the spouse’s support. Whether support contributions (e) Joint custody. If a child’s natural (Authority: 50 U.S.C. Appx. 1989b–4(f)(2) or are reasonable is a factual matter that or adoptive parent is married, the child 1989c–5(d)(2)) VA determines. is presumed to be in the joint custody (5) Other payments. Other payments (b) Criteria for a dependent child. of the natural or adoptive parent and excluded from net worth listed in Unless paragraph (c) of this section stepparent unless: VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54800 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules (1) The child’s stepparent and natural (3) Improved Death Pension claim § 5.422 Effective dates for changes to or adoptive parent are estranged and received within one year after date of Improved Pension payments due to a living apart; or veteran’s death. When VA receives an change in income. (2) Legal custody has been removed Improved Death Pension claim within (a) Effective dates for changes to from the natural or adoptive parent. one year after the date of the veteran’s payments due to a change in income— (f) Custody retained after the age of death, the initial reporting period begins (1) Income change requires an increased majority. A person who has custody of on the day that the veteran died. This annual Improved Pension amount. If an a child before the child’s 18th birthday is true even though the effective date will be presumed to retain custody of income change requires an increased under § 3.20 is the first day of the month annual Improved Pension amount, the the child on and after the child’s 18th of death. See § 5.431 for effective dates effective date of the increased amount is birthday, unless legal custody is and rule applicability. removed. This applies without regard to the date that the income changes, when a child reaches the age of majority (4) End of period. The initial reporting subject to § 5.424, ‘‘Time limits to under applicable State law. This also period ends one year after the last day establish entitlement to Improved applies without regard to whether the of the month in which the period began. Pension or to increase the annual child was eligible for pension prior to (b) Annual reporting period. For Improved Pension amount based on age 18, or whether increased pension Improved Pension purposes, the annual income.’’ VA generally cannot pay an was payable to a veteran or surviving reporting period is each calendar year. increased amount of Improved Pension spouse on behalf of the child prior to The first annual reporting period is the based on a change in income until the the child’s 18th birthday. calendar year in which the initial first day of the month following such an (g) Successor custodian after the age reporting period ends. income change. See § 3.31 of this of majority. If a child’s custodian dies (Authority: 38 U.S.C. 1506, 1521, 1541, 1542) chapter (concerning dates for increased after the child’s 18th birthday, VA will payments and exceptions). consider the child to be in the custody § 5.421 How VA calculates an Improved (2) Income change requires a reduced of a successor custodian if the successor Pension payment amount. annual Improved Pension amount or custodian has the legal right to exercise VA calculates payments of Improved discontinuance of Improved Pension. If parental control and has responsibility Pension (‘‘Improved Pension payment an income change requires a reduction for the welfare and care of the child. If amounts’’) as provided in this section. there is no successor custodian, the of an annual Improved Pension amount See § 5.370 for the definitions of or the discontinuance of Improved child may be eligible for benefits in his ‘‘adjusted annual income,’’ ‘‘annual or her own right. Pension, the effective date of the Improved Pension amount,’’ and reduced amount or discontinuance is (Authority: 38 U.S.C. 501, 1521, 1541) ‘‘maximum annual pension rate,’’ which the first day of the month following the are used below. §§ 5.418–5.419 [Reserved] income change. (a) How VA calculates a monthly Improved Pension—Income Reporting (b) Income and dependents— Improved Pension payment amount. To exceptions to income-counting rules. (1) Periods, Payments, Effective Dates, and determine the monthly Improved VA will stop counting a dependent’s Time Limits Pension payment amount, VA divides income on the same date it removes the the annual Improved Pension amount § 5.420 Reporting periods for Improved dependent from the Improved Pension by 12 and rounds down to the nearest Pension. award. When calculating adjusted annual whole dollar. income, VA counts income that is (b) What if the maximum annual (2) If a beneficiary gains a dependent anticipated or received during a specific pension rate changes? When there is a and this results in an increased annual period, called a ‘‘reporting period.’’ change in a beneficiary’s maximum Improved Pension amount, the effective There are two types of reporting annual pension rate (because of a cost- date of the increase will be the date of periods: the initial reporting period and of-living adjustment or some other the addition of the dependent if the the annual reporting period. reason), VA recalculates the annual required evidence is received within 1 (a) Initial reporting period—(1) Improved Pension amount using the year of the addition. If the required General Rule. Except as provided in new maximum annual pension rate and evidence is not received within 1 year, paragraphs (a)(2) and (a)(3) of this the amount of adjusted annual income then the effective date will be the date section, the initial reporting period on the effective date that the maximum such evidence is received. begins on the latest of the following: annual pension rate changes. VA then (3) If a beneficiary loses a dependent (i) The date VA receives a pension determines the new monthly payment and this results in an increased annual claim; or amount as specified in paragraph (a) of Improved Pension amount, the effective (ii) The date VA receives an election this section. date of the increase will be the date VA under § 5.460 or § 5.461; or (iii) The date the claimant becomes (c) What if adjusted annual income receives notice of the loss of the eligible to receive Improved Pension. changes? If a beneficiary’s adjusted dependent if the required evidence is (2) Retroactive awards. For Improved annual income increases or decreases, received within 1 year of the loss. If the Pension claims where an effective date VA recalculates the annual Improved required evidence is not received within before the date of claim is assigned Pension amount using the new adjusted 1 year, then the effective date will be the pursuant to § 5.383(b), the initial annual income amount. VA then date such evidence is received. determines the new monthly payment reporting period begins on the date the (Authority: 38 U.S.C. 501, 5110, 5112) veteran became permanently and totally amount as specified in paragraph (a) of disabled if that would be to the this section. See § 5.422, ‘‘Effective Cross reference: See also § 5.177(g) of veteran’s advantage. If it would not be dates for changes to Improved Pension this chapter (concerning reducing or to the veteran’s advantage, then the payments due to a change in income.’’ discontinuing pension payments initial reporting period begins on the (Authority: 38 U.S.C. 1521, 1541, 1542, and because of a change in disability or date of the pension claim. 5123) employability status). VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54801 § 5.423 Improved Pension determinations section, VA may award or increase beneficiary does not submit evidence of when anticipated annual income is benefits for prior periods as set forth in entitlement within this time limit, VA uncertain. this section. may only pay benefits effective from the (a) Uncertain anticipated annual (b) Expected or actual income—(1) date it receives a new claim, except as income. If a claimant or beneficiary is Pension not paid. When VA does not provided in paragraph (d) of this uncertain about the amount of his or her pay a pension claim based on actual or section. anticipated annual income or if there is expected adjusted annual income (d) No time limit to submit income evidence indicating more anticipated during the initial reporting period, the evidence to reduce overpayment. There annual income than the amount the claimant may submit evidence that is no time limit to submit income claimant or beneficiary reports, VA will supports entitlement for all or part of evidence, including deductible do all of the following: that period. If the claimant submits expenses, for the purpose of reducing an (1) Count the greatest amount of additional evidence on or before overpayment. However, the evidence anticipated annual income the claimant December 31 of the calendar year that submitted must relate to the initial or or beneficiary estimates or that is follows the calendar year in which the annual reporting period for which the indicated by the evidence. If that initial reporting period ends, VA may overpayment was created. amount is greater than the maximum award benefits effective from the annual pension rate, Improved Pension beginning of the initial reporting period, (Authority: 38 U.S.C. 501, 5110(h)) will not be paid; subject to the provisions of § 5.383, § 5.425 Frequency of payment of Improved (2) Notify the claimant or beneficiary ‘‘Effective Dates for Awards of Improved Pension benefits. concerning the time limit provisions of Disability Pension’’ or § 5.431, VA issues payments of Improved § 5.424, ‘‘Time limits to establish ‘‘Effective Dates for Improved Death Pension as provided in this section. entitlement to Improved Pension or to Pension.’’ If the claimant does not Except as provided in paragraph (e) of increase the annual Improved Pension submit evidence of entitlement within this section, a beneficiary may choose to amount based on income;’’ and this time limit, VA may only pay receive monthly payments if other (3) Adjust or pay benefits when benefits effective from the date it Federal benefits would be denied complete income information is receives a new claim. because pension payments are issued received, according to the provisions of (2) Pension paid at a lower amount or less frequently than monthly. discontinued. When VA pays pension at § 5.424. (a) Monthly if $228 or more. VA will (b) Uncertain dependent information. a lower amount or discontinues pension make a payment every month if the If a dependent’s anticipated annual benefits for all or part of a reporting annual Improved Pension amount is income is expected to be greater than period based on the claimant’s or $228 or more. the difference between the increased beneficiary’s actual or expected adjusted (b) Every three months if $144 but less maximum annual pension rate based on annual income, the claimant, than $228. VA will make a payment the addition of the dependent and the beneficiary, or former beneficiary may every three (3) months if the annual maximum annual pension rate without submit evidence that supports Improved Pension amount is at least the dependent, but the claimed entitlement or increased entitlement for $144 but less than $228. Payment dates dependent’s relationship has not yet all or part of that period. If the claimant, will be on or about March 1, June 1, been established by required evidence, beneficiary, or former beneficiary September 1, and December 1. VA will do the following: submits additional evidence on or (c) Every six months if $72 but less (1) Determine the maximum annual before December 31 of the calendar year than $144. VA will make a payment pension rate without consideration of that follows the calendar year in which every six (6) months if the annual the claimed dependent; the reporting period ends, VA may (2) Count the claimed dependent’s award, resume, or increase benefits Improved Pension amount is at least $72 income as income of the claimant or effective from the date entitlement arose but less than $144. Payment dates will beneficiary for purposes of determining but not earlier than the beginning of the be on or about June 1 and December 1. entitlement to Improved Pension and reporting period. If the claimant, (d) Once a year if less than $72. VA determining the annual Improved beneficiary, or former beneficiary does will make a payment once a year if the Pension amount; and not submit evidence of entitlement annual Improved Pension amount is less (3) Adjust the annual Improved within this time limit, VA may only pay than $72. The payment date will be on Pension amount using the applicable or increase benefits effective from the or about June 1. maximum annual pension rate when date it receives a new claim, except as (e) Payments of less than one dollar evidence necessary to establish the provided in paragraph (c) or (d) of this are not made. VA will not make a dependent has been received. (For the section. payment of less than one dollar. evidence necessary to establish (c) Payment following nonentitlement (Authority: 38 U.S.C. 1508) dependency, see Subpart D of this part.) for one reporting period. This paragraph (c) applies if the claimant or §§ 5.426–5.429 [Reserved] (Authority: 38 U.S.C. 501, 1503) beneficiary’s adjusted annual income Improved Death Pension Marriage Date § 5.424 Time limits to establish entitlement does not permit payment for the initial Requirements and Effective Dates to Improved Pension or to increase the reporting period or requires VA to annual Improved Pension amount based on discontinue payment for an entire § 5.430 Marriage date requirements for income. reporting period. In such cases, VA may Improved Death Pension. (a) Scope. This section provides time award Improved Pension effective from (a) General rule. A surviving spouse limits for establishing entitlement to the date entitlement arose but not earlier may qualify for Improved Death Pension Improved Pension or for increasing the than the beginning of the next reporting if the marriage to the veteran occurred monthly Improved Pension payment period (the new initial reporting before or during his or her service or, if amount based on adjusted annual period), if the claimant, beneficiary, or married to him or her after his or her income. If the claimant, beneficiary, or former beneficiary submits evidence separation from service, the marriage former beneficiary submits additional before that reporting period ends. If the meets one of the criteria in paragraphs evidence within the time limits in this claimant, beneficiary, or former (a)(1) through (3) of this section. VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 54802 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules (1) The veteran and surviving spouse the claimant has received, or was received the new surviving spouse’s were married for 1 year or more entitled to receive, any of the following claim. If benefits are payable to the new (multiple marriage periods may be military benefits of the veteran: surviving spouse from a date before the added together to meet the 1-year (i) An allowance; date VA received the new surviving requirement); (ii) An allotment; or spouse’s claim, VA will discontinue the (2) A veteran of one of the following (iii) Service pay. award to the former surviving spouse wartime periods and the surviving (Authority: 38 U.S.C. 5110(a), (d), (j)) effective the date of the award to the spouse were married before one of the new surviving spouse. following delimiting dates: § 5.432 Deemed valid marriages and (2) Discontinuance date of the award (i) Mexican Border Period or World contested claims for Improved Death to the former surviving spouse where War I–December 14, 1944. Pension. award to the new surviving spouse is (ii) World War II—January 1, 1957. (a) Definition of contested claim. For effective the date VA received the new (iii) Korean Conflict—February 1, the purposes of this section, a claim is surviving spouse’s claim. If benefits are 1965. a ‘‘contested claim’’ when a claimant payable to the new surviving spouse (iv) Vietnam Era—May 8, 1985. seeking recognition as a surviving from the date VA received the new (v) Persian Gulf War—January 1, spouse under the provisions for a surviving spouse’s claim, VA will 2001; or deemed valid marriage in § 3.52 of this discontinue the award to the former (3) A child was born of the marriage chapter and a legal surviving spouse surviving spouse effective the later of or before the marriage. eligible for Improved Death Pension the following: (b) More than one marriage to veteran. both submit claims for Improved Death (i) The date of receipt of the new If a surviving spouse has been legally Pension. surviving spouse’s claim. married to the same veteran more than (b) VA adjudication of contested (ii) The first day of the month that once, VA will use the date of the claims. VA will take the following steps follows the month for which VA last original marriage to decide whether the in adjudicating a contested claim: paid benefits. surviving spouse has met the marriage (1) Develop the claims of both the (3) Exception where discontinuances date requirements (delimiting date). legal surviving spouse and the claimant are due to a change in, or change in (Authority: 38 U.S.C. 103(b) and 1541(f)) seeking recognition as the surviving interpretation of, the law or an spouse; then administrative issue. When VA must § 5.431 Effective dates for Improved Death (2) Afford each claimant the discontinue payments to a former Pension. applicable time period provided in surviving spouse because of a change in (a) Nonservice-connected death after § 5.424(b) to show his or her adjusted the law or an administrative issue or separation from service—(1) Claim annual income is less than the because of a change in the interpretation received not later than 1 year after the maximum annual pension rate; and then of law or an administrative issue, VA date of death. If VA awards Improved (3) If the legal surviving spouse does will discontinue the award to the former Death Pension based on a claim not establish entitlement to Improved surviving spouse effective the first day received no later than 1 year after the Death Pension before the applicable of the month that follows the end of the date of the veteran’s death, the effective time limit of § 5.424(b) has expired, VA 60-day notice period to the former date of the award is the first day of the will recognize the claimant seeking surviving spouse concerning the month in which the death occurred. recognition as a surviving spouse of a discontinuance. (2) Claim received more than 1 year deemed valid marriage and award (Authority: 38 U.S.C. 5112(a) and (b)(6)) after the date of the veteran’s death. If Improved Death Pension if that claimant VA awards Improved Death Pension meets eligibility and entitlement § 5.434 Award, or discontinuance of based on a claim received more than 1 requirements. If the legal surviving award, of Improved Death Pension to a year after the date of the veteran’s death, spouse later claims Improved Death surviving spouse where Improved Death the effective date of the award is the Pension and establishes entitlement, VA Pension payments to a child are involved. date VA received the claim. will then process the claim under (a) Legal custodian of child (b) Death in service. In certain § 5.433. establishes eligibility as surviving instances, Improved Death Pension (Authority: 38 U.S.C. 501) spouse. When VA finds Improved Death eligibility may be established if the Pension eligibility for the legal veteran died in service. § 5.433 Effective date of discontinuance of custodian of a child receiving Improved (1) Claim received within one year of Improved Death Pension payments to a Death Pension, VA will award Improved death. If VA receives a claim for beneficiary no longer recognized as the Pension to the surviving spouse and Improved Death Pension not later than veteran’s surviving spouse. discontinue the child’s eligibility for 1 year after the date of death fixed by (a) Purpose. This section applies Improved Death Pension as follows: the veteran’s service branch report or when VA is paying Improved Death (1) Annual Improved Pension amount finding of actual or presumed death, the Pension to a surviving spouse for surviving spouse higher than amount effective date is the first day of the (identified in this section as, ‘‘former for child. month that the Secretary concerned surviving spouse’’) and another (i) If the surviving spouse is entitled establishes as the date of death. claimant (identified in this section as to a higher Improved Pension payment (2) Claim not received within 1 year ‘‘new surviving spouse’’) establishes amount than the child was receiving, of death. If VA does not receive the that he or she is the true legal surviving the surviving spouse’s pension award is claim within 1 year of the date provided spouse eligible to receive Improved effective the date provided by § 5.431, in paragraph (b)(1) of this section, the Death Pension. ‘‘Effective dates for Improved Death effective date is the date VA receives the (b) Effective date for discontinuance Pension.’’ claim. of payments to former surviving (ii) The initial pension amount (3) Death benefits not to be paid spouse—(1) Discontinuance date of the payable to the surviving spouse is the concurrently with military benefits. VA award to the former surviving spouse difference between the child’s Improved will not pay benefits to a claimant on a where the award to the new surviving Pension payment amount and the report of actual death for periods that spouse is effective before the date VA surviving spouse’s Improved Pension VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules 54803 payment amount. VA will pay to the pay the child’s Improved Pension (b) Surviving child in the custody of surviving spouse the full Improved payment amount. This amended award a person legally responsible for the Pension payment amount effective the will be effective the date VA should child’s support—(1) One surviving child first day of the month after the month have discontinued the former surviving in the custody of a person legally for which VA last paid benefits to the spouse’s pension award, thereby responsible for the child’s support. If the child. VA will discontinue the child’s establishing a debt owed to VA by the surviving child has a custodian, the pension award effective the same day. former surviving spouse. VA will award surviving child’s annual Improved (2) Annual Improved Pension amount pension to the child effective the first Pension amount is the lesser of: for surviving spouse equal to or less day of the month after the month for (i) The maximum annual pension rate than amount for child. When the child which it last paid benefits to the former for a surviving spouse and one is receiving an Improved Death Pension surviving spouse and discontinue the dependent surviving child, reduced by payment amount equal to or higher than former surviving spouse’s pension the adjusted annual income of the the Improved Pension payment amount award effective the same day. Section surviving child and that of the surviving that the surviving spouse is entitled to 3.31 of this chapter does not apply in child’s custodian; or receive, VA will pay Improved Death such a situation. (ii) The maximum annual pension Pension to the surviving spouse (2) The Improved Pension payment rate for a surviving child alone, reduced effective the first day of the month after amount for the child is equal to or by the surviving child’s adjusted annual the month for which VA last paid higher than the former surviving income. benefits to the child, and discontinue spouse’s amount. This paragraph (b)(2) (2) More than one surviving child in the child’s pension award effective the applies when the former surviving same day. Section 3.31 of this chapter the custody of a person legally spouse receives pension after eligibility responsible for the children’s support. If does not apply in such a situation. ends and the child is entitled to an (3) Effective date of discontinuance of any surviving child has adjusted annual equal or higher Improved Pension income equal to or greater than the child’s pension award when the payment amount than the payment surviving spouse is not entitled to maximum annual pension rate for one amount the former surviving spouse is surviving child, that surviving child payments. When a surviving spouse receiving. establishes eligibility for Improved (and the surviving child’s income) is not (i) In such cases, the effective date of Death Pension but is not entitled included in the calculation of the the child’s pension award is the date VA because his or her adjusted annual annual Improved Pension amount. The should have discontinued the former income is greater than the maximum remaining surviving child(ren)’s annual surviving spouse’s pension award. annual pension rate or because his or Improved Pension amount is the lesser her net worth bars entitlement, VA will (ii) The initial amount of pension of: discontinue the child’s pension award payable to the child is the difference (i) The maximum annual pension rate effective the first day of the month after between the child’s Improved Pension for a surviving spouse and the number the month for which VA last paid payment amount and the former of remaining surviving children, benefits to the surviving spouse. surviving spouse’s Improved Pension reduced by the total adjusted annual (b) Child establishes eligibility but payment amount. VA will pay the full income of the remaining surviving surviving spouse has received Improved Improved Pension payment amount to children and that of the custodian; or Death Pension payments after his or her the child effective the first day of the (ii) The maximum annual pension own eligibility ended. If a surviving month after the month for which VA rate for a surviving child alone times the spouse continued to receive Improved last paid benefits to the former surviving number of remaining surviving Pension payments after becoming spouse and discontinue the surviving children, reduced by the total adjusted ineligible for Improved Pension, and spouse’s pension award effective the annual income of the remaining that surviving spouse has custody of a same day. surviving children. child who establishes eligibility for (Authority: 38 U.S.C. 501(a), 5110(a), 5112(a)) (3) Income of natural or adoptive Improved Pension payments, VA will parent includes that of natural or award Improved Pension to the child § 5.435 Calculating annual Improved Pension amounts for surviving children. adoptive parent’s spouse. If the and discontinue the surviving spouse’s custodian listed in paragraph (b)(1) or (a) Surviving child not in custody or eligibility as follows: (2) of this section is a natural or in the custody of an institution. If a (1) Improved Pension payment adoptive parent of a surviving child surviving child has no personal amount for the child is lower than the who is in joint custody as provided in custodian (a person legally responsible payment amount for the former § 5.417(e), the income of that natural or surviving spouse. When the former for the child’s support), or a surviving adoptive parent includes the income of surviving spouse, who is the child’s child is in the custody of an institution, that natural or adoptive parent’s spouse. custodian, receives pension after VA calculates the surviving child’s eligibility ends and the child is entitled annual Improved Pension amount by (Authority: 38 U.S.C. 1542) to a lower Improved Pension payment subtracting the surviving child’s §§ 5.436–5.459 [Reserved] amount than the former surviving adjusted annual income from the spouse is receiving, VA will amend the surviving child’s maximum annual [FR Doc. E7–18745 Filed 9–25–07; 8:45 am] award to the former surviving spouse to pension rate. BILLING CODE 8320–01–P VerDate Aug<31>2005 18:27 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\26SEP3.SGM 26SEP3 jlentini on PROD1PC65 with PROPOSALS3 Wednesday, September 26, 2007 Part IV The President Proclamation 8177—National POW/MIA Recognition Day, 2007 Proclamation 8178—Family Day, 2007 Proclamation 8179—Gold Star Mother’s Day, 2007 VerDate Aug<31>2005 18:28 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26SED0.SGM 26SED0 jlentini on PROD1PC65 with FRD0 VerDate Aug<31>2005 18:28 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\26SED0.SGM 26SED0 jlentini on PROD1PC65 with FRD0 54807 Federal Register Presidential Documents Vol. 72, No. 186 Wednesday, September 26, 2007 Title 3— Proclamation 8177 of September 20, 2007 The President National POW/MIA Recognition Day, 2007 By the President of the United States of America A Proclamation America has been blessed by the brave men and women of our Armed Forces who have answered the call to defend our country and protect liberty around the world. On National POW/MIA Recognition Day, we honor a special group of patriots: those who have been prisoners of war and those who are still missing in action. We remain forever in their debt, and we renew our commitment to them and to their families never to rest until we have accounted for every missing service member. To commemorate this day, the National League of Families POW/MIA flag is flown over the White House, the Capitol, the Vietnam Veterans Memorial, the Korean War Veterans Memorial, the World War II Memorial, and other locations across our country. This flag is an enduring symbol that reflects our solemn commitment to our courageous service members who have been imprisoned while serving in conflicts around the world and to those who remain missing. America will always remember these heroes, and we under- score our pledge to achieve the fullest possible accounting for every missing member of our Armed Forces. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim Friday, September 21, 2007, as National POW/MIA Recognition Day. I call upon the people of the United States to join me in honoring and remembering all former Amer- ican prisoners of war and those missing in action who valiantly served our great country. I also call upon Federal, State, and local government officials and private organizations to observe this day with appropriate cere- monies and activities. VerDate Aug<31>2005 18:28 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26SED0.SGM 26SED0 jlentini on PROD1PC65 with FRD0 54808 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Presidential Documents IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of September, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty- second. [FR Doc. 07–4766 Filed 9–25–07; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 18:28 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26SED0.SGM 26SED0 jlentini on PROD1PC65 with FRD0 GWBOLD.EPS Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Presidential Documents 54809 Presidential Documents Proclamation 8178 of September 20, 2007 Family Day, 2007 By the President of the United States of America A Proclamation Families are the cornerstone of our Nation. On Family Day, we underscore our dedication to strengthening America’s families and recognize the impor- tance that the bonds between parents and children hold for the future of our country. Parents and family members are the first and most important influence in a child’s life. Families offer a stable and nurturing environment by pro- viding love, guidance, support, and comfort. They help young people gain the skills they need to succeed in life and the courage and drive to realize their dreams. By caring for and spending time with their children, parents instill lifelong values and help build a better America. My Administration is committed to supporting American families. We are working with faith-based and community organizations to promote healthy marriages, responsible fatherhood, and positive youth development. When children are connected to family, community, school, and places of worship, they are more likely to make good choices and reach their full potential. Families help prepare children for the opportunities and challenges of the 21st century by encouraging them and insisting on high standards. Strong, loving families help young Americans grow into successful adults and build a Nation shining with optimism. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim September 24, 2007, as Family Day. I call upon the people of the United States to observe this day by engaging in activities that strengthen the bonds between parents and children. VerDate Aug<31>2005 18:29 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26SED1.SGM 26SED1 jlentini on PROD1PC65 with FRD1 54810 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Presidential Documents IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of September, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty- second. [FR Doc. 07–4767 Filed 9–25–07; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 18:29 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26SED1.SGM 26SED1 jlentini on PROD1PC65 with FRD1 GWBOLD.EPS Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Presidential Documents 54811 Presidential Documents Proclamation 8179 of September 21, 2007 Gold Star Mother’s Day, 2007 By the President of the United States of America A Proclamation The gift of liberty is secured by heroes who have answered the call to serve when America needed them most. On Gold Star Mother’s Day, we honor the mothers of the service men and women who have given their lives in the defense of our great Nation. America’s Gold Star Mothers are remarkable patriots who serve their commu- nities by demonstrating good citizenship, providing support and services to our troops and veterans, and helping comfort the families whose loved ones have made the ultimate sacrifice. Their sense of duty and deep devotion to our country inspire our Nation, and we thank them for their compassion, determination, and strength. Though they carry a great burden of grief, these courageous mothers help ensure that the legacy of our fallen heroes will be forever remembered. On this day, we offer our deep gratitude and respect to our Nation’s Gold Star Mothers; we honor the sons and daughters who died while wearing the uniform of the United States; and we pray for God’s blessings on them, their mothers, and their families. The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat. 1895 as amended), has designated the last Sunday in September as ‘‘Gold Star Mother’s Day’’ and has authorized and requested the President to issue a proclamation in its observance. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim Sunday, September 30, 2007, as Gold Star Mother’s Day. I call upon all Government officials to display the flag of the United States over Government buildings on this solemn day. I also encourage the American people to display the flag and hold appropriate ceremonies as a public expression of our Nation’s sympathy and respect for our Gold Star Mothers. VerDate Aug<31>2005 18:30 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26SED2.SGM 26SED2 jlentini on PROD1PC65 with FRD2 54812 Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Presidential Documents IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of September, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second. [FR Doc. 07–4768 Filed 9–25–07; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 18:30 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26SED2.SGM 26SED2 jlentini on PROD1PC65 with FRD2 GWBOLD.EPS i Reader Aids Federal Register Vol. 72, No. 186 Wednesday, September 26, 2007 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER 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. Presidential Documents 3 CFR 1690...... 53413 Executive orders and proclamations 741–6000 Proposed Rules: Proclamations: 591...... 51200 The United States Government Manual 741–6000 7463 (See Notice of September 12, Other Services 7 CFR 2007) ...... 52465 6...... 53913 Electronic and on-line services (voice) 741–6020 8170...... 51155 301 ...... 51975, 52281, 54207 Privacy Act Compilation 741–6064 8171...... 51157 305...... 51975, 52776 Public Laws Update Service (numbers, dates, etc.) 741–6043 8172...... 51549 457...... 54519 TTY for the deaf-and-hard-of-hearing 741–6086 8173...... 51551 770...... 51988 8174...... 51553 981...... 51990 8175...... 53097 ELECTRONIC RESEARCH 987...... 51354 8176...... 53099 989...... 54341, 54343 World Wide Web 8177...... 54807 1205...... 51159 8178...... 54809 Full text of the daily Federal Register, CFR and other publications 1739...... 52779 8179...... 54811 is located at: http://www.gpoaccess.gov/nara/index.html Proposed Rules: Executive Orders: 59...... 51378, 52956 Federal Register information and research tools, including Public 13224 (See Notice of 301...... 53171 Inspection List, indexes, and links to GPO Access are located at: September 20, l 305...... 53171 http://www.archives.gov/federal register 2007) ...... 54205 983...... 51378 13444...... 52747 E-mail 993...... 51381 Administrative Orders: 1779...... 52618 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandums: an open e-mail service that provides subscribers with a digital 3575...... 52618 Memorandum of 4279...... 52618 form of the Federal Register Table of Contents. The digital form September 8, of the Federal Register Table of Contents includes HTML and 4280...... 52618 2007 ...... 52279 5001...... 52618 PDF links to the full text of each document. Notices: To join or leave, go to http://listserv.access.gpo.gov and select Notice of September 8 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 12, 2007 ...... 52465 103...... 53014 (or change settings); then follow the instructions. Notice of September 212...... 53014 20, 2007 ...... 54205 PENS (Public Law Electronic Notification Service) is an e-mail 214...... 53014 Presidential service that notifies subscribers of recently enacted laws. 248...... 53014 Determinations: 274a...... 53014 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html No. 2006-23 of 299...... 53014 and select Join or leave the list (or change settings); then follow September 13, 2006 1003...... 53673 the instructions. (See No. 2007-32 of 1240...... 53673 FEDREGTOC-L and PENS are mailing lists only. We cannot September 13, respond to specific inquiries. 2007)...... 53409 9 CFR No. 2007-29 of August Reference questions. Send questions and comments about the 93...... 53314 Federal Register system to: [email protected] 27, 2007 ...... 51351 No. 2007-30 of August 94...... 53101, 53314 The Federal Register staff cannot interpret specific documents or 31, 2007 ...... 52749 95...... 53314 regulations. No. 2007-31 of 96...... 53314 September 8, 10 CFR FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 2007 ...... 52751 No. 2007-32 of 32...... 54207 50643–50868...... 4 September 13, 35...... 54207 50869–51158...... 5 2007 ...... 53409 Proposed Rules: 51159–51352...... 6 490...... 52496 51353–51554...... 7 4 CFR 1017...... 52506 51555–51696...... 10 81...... 50643 51697–51974...... 11 12 CFR 51975–52280...... 12 5 CFR 4...... 54347 52281–52466...... 13 551...... 52753 208...... 54347 52467–52748...... 14 553...... 53411 211...... 54347 52749–53100...... 17 1600...... 53413 337...... 54347 53101–53410...... 18 1605...... 53413 347...... 54347 53411–53672...... 19 1630...... 51353 563...... 54347 53673–53912...... 20 1631...... 53413 585...... 50644 53913–54206...... 21 1640...... 51353 627...... 54525, 54527 54207–54340...... 24 1651...... 53413 Proposed Rules: 54341–54518...... 25 1653...... 51353 327...... 53181 54519–54812...... 26 1655...... 53413 652...... 52301 VerDate Aug 31 2005 21:22 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52013, 53134, 43...... 53678 181...... 52780 Proposed Rules: 45...... 52467 Proposed Rules: 215...... 52521 53436, 53440, 53445, 53449, 71 ...... 51358, 51359, 51360, 122...... 51730, 53394 1910...... 51735, 54619 53455, 54564, 54569, 54574, 51361, 51362, 51363 2520...... 52527 54579, 54584 20 CFR 97 ...... 51169, 51171, 53680, 2550...... 52021 247...... 52475 53682 404...... 51173 300...... 53151, 53463 721...... 53470 135...... 53114 405...... 51173 30 CFR 416 ...... 50871, 51173, 54349 761...... 53152 Proposed Rules: Proposed Rules: 1039...... 53118 23...... 53196 49...... 51338, 51320 21 CFR Proposed Rules: 33...... 51314 75...... 51320 9...... 53204 39 ...... 50648, 51201, 51384, 101...... 52783 49...... 51204 51386, 51388, 51719, 51722, 111...... 52790 31 CFR 51...... 52264, 54112 51725, 52309, 52311, 52314, 522 ...... 51364, 51365, 54539 1...... 54352 52 ...... 50650, 51574, 51747, 52519, 53488, 53489, 53491, 610...... 54208 10...... 54540 52027, 52028, 52031, 52038, 53493, 53495, 53498, 53501, 1308...... 54208 Proposed Rules: 52264, 52319, 52320, 52325, 53699, 53701, 53704, 53706, Proposed Rules: 10...... 54621 52828, 53743, 54112, 54385, 53709 2...... 53711 54390, 54623, 54624 71 ...... 51203, 51391, 53201 610...... 54226 32 CFR 1301...... 53734 60...... 51392, 51394 153...... 53504 199 ...... 53685, 54212, 54353 1310...... 53973 62...... 50913, 52325 750...... 53417 15 CFR 1308...... 54226 63 ...... 50716, 52958, 52984, 751...... 53421 53814, 53838 730...... 50869 23 CFR 756...... 53424 70...... 52264 732...... 50869 757...... 53427 637...... 54210 71...... 52264 734...... 50869 72...... 51394 Proposed Rules: 736...... 50869 33 CFR 75...... 51394 950...... 53736 738...... 50869, 52000 100 ...... 53118, 54355, 54357 81 ...... 51747, 53743, 54390 740...... 50869, 52000 24 CFR 117 ...... 50875, 51179, 52006, 82...... 52332 742...... 50869 52007, 53430, 54359 89...... 53204 14...... 53876 743...... 50869 165 ...... 50877, 51555, 51557, 97...... 52038, 52325 15...... 53876 744...... 50869 51711, 52281, 54214 300 ...... 51758, 53509, 54230 745...... 50869, 52000 17...... 53876 Proposed Rules: 1039...... 53204 746...... 50869 20...... 53876 117...... 53202 747...... 50869 24...... 53876 41 CFR 165...... 52534 748...... 50869 25...... 53876 300-80...... 51373 750...... 50869 26...... 53876 36 CFR 752...... 50869 180...... 53876 42 CFR 754...... 50869 200...... 54516 Proposed Rules: 1193...... 53509 411...... 51012 756...... 50869 Proposed Rules: 1194...... 53509 424...... 51012, 53628 758...... 50869 50...... 52206 1250...... 51744 488...... 53628 760...... 50869 51...... 52206 489...... 53628 762...... 50869 55...... 52206 37 CFR Proposed Rules: 764...... 50869 58...... 52206 1...... 51559 431...... 51397 766...... 50869 91...... 52206 433...... 51397 Proposed Rules: 768...... 50869 440...... 51397 770...... 50869 25 CFR 381...... 54622 772...... 50869, 52000 900...... 52790 43 CFR 38 CFR 774...... 50869, 52000 3000...... 50882 26 CFR 902 ...... 51699, 52668, 53942 38...... 53430 3100...... 50882 Proposed Rules: 1 ...... 51703, 52003, 52470, Proposed Rules: 3150...... 50882 Ch. VII...... 50912 53684, 54350, 54351 5...... 54776 3200...... 50882 806...... 52316, 53970 54...... 54351 3500...... 50882 39 CFR 602...... 54351 3580...... 50882 16 CFR Proposed Rules: 111...... 54360 3600...... 50882 Proposed Rules: 1 ...... 51009, 52319, 53742, Proposed Rules: 3730...... 50882 435...... 51728 53977, 54606, 54614, 54615 111...... 52025 3810...... 50882 53...... 51009 3001...... 50744 3830...... 50882 17 CFR 54...... 51009 3010...... 50744 30...... 50645 301 ...... 51009, 54615, 54618 3015...... 50744 44 CFR Proposed Rules: 3020...... 50744 64 ...... 52793, 54588, 54591 210...... 53509 27 CFR 65...... 53955 228...... 53509 24...... 51707 40 CFR 67...... 52796, 52820 229...... 53509 53...... 51710 6...... 53652 Proposed Rules: 230...... 53509 Proposed Rules: 9...... 53118 67 ...... 51762, 52833, 54624, 239...... 53509 4...... 51732, 53742 40...... 52008 54631 VerDate Aug 31 2005 21:22 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\26SECU.LOC 26SECU jlentini on PROD1PC65 with FRCU Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Reader Aids iii 45 CFR Proposed Rules: Proposed Rules: 661...... 53688 10...... 52841 98...... 50889 215...... 51209 1002...... 51375 15...... 52841 1626...... 52488 252...... 51209 1111...... 51375 1114...... 51375 2551...... 51009 47 CFR 49 CFR 1115...... 51375 1...... 54363 40...... 54600 46 CFR Proposed Rules: 54...... 54214 71...... 54367 171...... 53744 10...... 53961 63...... 54363 209...... 51194 173...... 53744 14...... 53961 73 ...... 52827, 53687, 53688, 213...... 51194 175...... 53744 15...... 53961 54720 214...... 51194 229...... 50820, 52536 25...... 53961 90...... 51374 215...... 51194 232...... 50820, 52536 31...... 53961 Proposed Rules: 216...... 51194 238...... 50820, 52536 39...... 53961 73 ...... 51208, 51575, 52337, 217...... 51194 571...... 54402 44...... 53961 52338, 54774 218...... 51194 578...... 54635 50...... 53961 219...... 51194 48 CFR 1540...... 50916 54...... 53961 220...... 51194 1544...... 50916 63...... 53961 Ch. 1...... 51187, 51310 221...... 51194 1560...... 50916 69...... 53961 4...... 51306 222...... 51194 71...... 53961 12...... 51306 223...... 51194 50 CFR 91...... 53961 52...... 51306 224...... 51194 107...... 53961 Ch. 2 ...... 51187 225...... 51194 17 ...... 51102, 52434, 54377 110...... 53961 202...... 51187 228...... 51194 20...... 53882, 54158 116...... 53961 207...... 51188 229...... 51194 32...... 51534, 54602 125...... 53961 211...... 52293 230...... 51194 600...... 54219 127...... 53961 212...... 51189 231...... 51194 622...... 54223 134...... 53961 216...... 51189 232...... 51194 648...... 51699, 53969 151...... 53961 227...... 51188 233...... 51194 660...... 50906, 53165 153...... 53961 234...... 51189 234...... 51194 679 ...... 50788, 51570, 51716, 154...... 53961 236...... 51191 235...... 51194 51717, 51718, 52299, 52491, 161...... 53961 237...... 51192, 51193 236...... 51194 52492, 52493, 52494, 52668, 162...... 53961 245...... 52293 238...... 51194 53169, 54603, 54604 170...... 53961 252 ...... 51187, 51189, 51194, 239...... 51194 Proposed Rules: 171...... 53961 52293 240...... 51194 17 ...... 50918, 50929, 51766, 172...... 53961 639...... 51568 241...... 51194 51770, 53211, 53749, 54411 175...... 53961 652...... 51568 244...... 51194 216...... 52339 177...... 53961 727...... 53161 541...... 54600 648...... 53751, 53942 189...... 53961 742...... 53161 571...... 50900, 51908 679...... 53516 401...... 53158 752...... 53161 585...... 51908 697...... 53978 VerDate Aug 31 2005 21:22 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\26SECU.LOC 26SECU jlentini on PROD1PC65 with FRCU iv Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Reader Aids REMINDERS TRANSPORTATION 07; published 8-2-07 [FR GENERAL SERVICES The items in this list were DEPARTMENT E7-14724] ADMINISTRATION editorially compiled as an aid National Highway Traffic ENVIRONMENTAL Federal travel: to Federal Register users. Safety Administration PROTECTION AGENCY Relocation allowances; Inclusion or exclusion from Motor vehicle theft prevention Air quality implementation Governmentwide this list has no legal standards: plans; approval and Relocation Advisory significance. Parts marking requirements; promulgation; various Board; recommendations; 2008 model year light States: comments due by 10-2- duty trucks; list; published Connecticut; comments due 07; published 8-3-07 [FR RULES GOING INTO 9-26-07 by 10-1-07; published 8- E7-15156] EFFECT SEPTEMBER 26, TREASURY DEPARTMENT 30-07 [FR E7-17002] HEALTH AND HUMAN 2007 Practice before the Internal Iowa; comments due by 10- SERVICES DEPARTMENT Revenue Service; regulatory 5-07; published 9-5-07 Centers for Medicare & AGRICULTURE modification; published 9-26- [FR E7-17414] Medicaid Services DEPARTMENT 07 New Jersey; comments due Medicare: Agricultural Marketing by 10-4-07; published 9-4- Durable medical equipment, Service COMMENTS DUE NEXT 07 [FR E7-17411] prosthetics, orthotics, and Raisins produced from grapes WEEK Pesticides; tolerances in food, supplies; surety bond grown in California; animal feeds, and raw requirements for suppliers; published 9-25-07 comments due by 10-1- AGRICULTURE agricultural commodities: 07; published 8-1-07 [FR ENVIRONMENTAL DEPARTMENT Bromoxynil, diclofop-methyl, 07-03746] PROTECTION AGENCY Animal and Plant Health etc.; comments due by Air quality implementation Inspection Service 10-1-07; published 8-1-07 HEALTH AND HUMAN [FR E7-14895] SERVICES DEPARTMENT plans; approval and Exportation and importation of promulgation; various animals and animal Quillaja saponaria extract; Quarantine, inspection, and States: products: exemption; comments due licensing: by 10-1-07; published 8-1- New Jersey; published 8-27- Noncompetitive Dogs and cats importation 07 [FR E7-14894] 07 entertainment horses from regulations extended to Pesticides; tolerances in food, countries affected with Rimsulfuron; comments due cover domesticated animal feeds, and raw contagious equine metritis; by 10-1-07; published 8-1- ferrets; comments due by agricultural commodities: temporary importation; 07 [FR E7-14543] 10-1-07; published 7-31- 07 [FR E7-14623] Alachlor; published 9-26-07 comments due by 10-1- FEDERAL Methamidophos, etc.; 07; published 8-2-07 [FR COMMUNICATIONS INTERIOR DEPARTMENT published 9-26-07 E7-14994] COMMISSION Fish and Wildlife Service Pyraclostrobin; published 9- DEFENSE DEPARTMENT Radio stations; table of Endangered and threatened 26-07 Defense Acquisition assignments: species: Sulfosulfuron; published 9- Regulations System Arizona; comments due by Critical habitat and 26-07 Acquisition regulations: 10-1-07; published 8-29- designations— Tepraloxydim; published 9- Cost-reimbursement 07 [FR E7-17014] Devils River minnow; 26-07 contracts for services; Colorado; comments due by comments due by 10-1- 10-1-07; published 8-22- 07; published 7-31-07 HEALTH AND HUMAN payments; comments due 07 [FR E7-16568] [FR 07-03678] SERVICES DEPARTMENT by 10-1-07; published 8-2- 07 [FR E7-14921] Texas; comments due by Critical habitat Food and Drug Item identification and 10-1-07; published 8-22- designations— Administration valuation clause update; 07 [FR E7-16566] Marbled murrelet and Animal drugs, feeds, and comments due by 10-1- Television broadcasting: northern spotted owl; related products: 07; published 8-2-07 [FR Telecommunications Act of recovery plan; Tulathromycin; injectable E7-14896] 1996; implementation— comments due by 10-5- dosage; published 9-26-07 07; published 9-5-07 DEFENSE DEPARTMENT Broadcast ownership [FR E7-17236] HOUSING AND URBAN Engineers Corps rules; 2006 quadrennial DEVELOPMENT Danger zones and restricted regulatory review; Findings on petitons, etc.— DEPARTMENT areas: minority and female Polar bear; comments due Government National Marine Corps Base Hawaii, ownership, etc.; by 10-5-07; published Mortgage Association Keneohe Bay, Oahu, HI; comments due by 10-1- 9-20-07 [FR 07-04652] (Ginnie Mae): comments due by 10-1- 07; published 8-8-07 JUSTICE DEPARTMENT Mortgage-Backed Securities 07; published 8-31-07 [FR [FR E7-15456] Prisons Bureau Program; payments to E7-17155] FEDERAL ELECTION Inmate control, custody, care, securityholders, book-entry ENERGY DEPARTMENT COMMISSION etc.: procedures, and financial reporting; published 8-27- Federal Energy Regulatory Corporate and labor Sexually dangerous person; 07 Commission organization activity: civil commitment; Electric utilities (Federal Power Electioneering comments due by 10-2- TRANSPORTATION Act): communications; 07; published 8-3-07 [FR DEPARTMENT Critical infrastructure comments due by 10-1- E7-14943] Federal Aviation protection; mandatory 07; published 8-31-07 [FR SECURITIES AND Administration reliability standards; E7-17184] EXCHANGE COMMISSION Airworthiness directives: comments due by 10-5- FEDERAL MEDIATION AND Securities: Boeing; published 9-21-07 07; published 8-6-07 [FR CONCILIATION SERVICE Company proxy materials; General Electric Co.; E7-14710] Freedom of Information Act; shareholder proposals; published 9-11-07 Practice and procedure: implementation; comments comments due by 10-2- Pilatus Aircraft Ltd.; Filing via Internet; due by 10-2-07; published 07; published 8-3-07 [FR published 9-21-07 comments due by 10-1- 8-3-07 [FR E7-14818] E7-14954] VerDate Aug 31 2005 21:22 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\26SECU.LOC 26SECU jlentini on PROD1PC65 with FRCU Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Reader Aids v Election of directors; TRANSPORTATION TREASURY DEPARTMENT www.gpoaccess.gov/plaws/ shareholder proposals; DEPARTMENT Internal Revenue Service index.html. Some laws may comments due by 10-2- Federal Aviation Excise taxes: not yet be available. 07; published 8-3-07 [FR Administration Prohibited tax shelter E7-14955] H.R. 2358/P.L. 110–82 Airworthiness directives: transactions; disclosure Native American $1 Coin Act SOCIAL SECURITY requirements; comments Boeing; comments due by (Sept. 20, 2007; 121 Stat. ADMINISTRATION 10-1-07; published 8-16- due by 10-4-07; published 7-6-07 [FR E7-12902] 777) Social security benefits and 07 [FR E7-16104] S. 377/P.L. 110–83 supplemental security Bombardier; comments due United States-Poland income: by 10-1-07; published 8- LIST OF PUBLIC LAWS 31-07 [FR E7-17282] Parliamentary Youth Exchange Federal old age, survivors, Program Act of 2007 (Sept. and disability insurance, Fokker; comments due by This is a continuing list of 20, 2007; 121 Stat. 781) and aged, blind, and 10-1-07; published 8-31- public bills from the current disabled— 07 [FR E7-17296] session of Congress which Last List September 18, 2007 have become Federal laws. It Compassionate Class D airspace; comments may be used in conjunction allowances made by due by 10-1-07; published with ‘‘PLUS’’ (Public Laws Public Laws Electronic quickly identifying 8-15-07 [FR 07-03963] Update Service) on 202–741– individuals with obvious Class E airspace; comments Notification Service 6043. This list is also disabilities; comments due by 10-1-07; published (PENS) available online at http:// due by 10-1-07; 8-10-07 [FR 07-03882] www.archives.gov/federal- published 7-31-07 [FR TRANSPORTATION register/laws.html. PENS is a free electronic mail E7-14686] DEPARTMENT notification service of newly Social security benefits: Federal Railroad The text of laws is not enacted public laws. To Administration published in the Federal subscribe, go to http:// Federal old age, survivors, Register but may be ordered and disability insurance— Railraod safety: listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual publaws-l.html Government Pension Passenger equipment safety pamphlet) form from the Offset exemption; sixty- standards— Superintendent of Documents, Note: This service is strictly month period of Front-end strength of cab U.S. Government Printing for E-mail notification of new employment cars and multiple-unit Office, Washington, DC 20402 laws. The text of laws is not requirement; comments locomotives; comments (phone, 202–512–1808). The available through this service. due by 10-2-07; due by 10-1-07; text will also be made PENS cannot respond to published 8-3-07 [FR published 8-1-07 [FR available on the Internet from specific inquiries sent to this E7-15057] 07-03736] GPO Access at http:// address. VerDate Aug 31 2005 21:22 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\26SECU.LOC 26SECU jlentini on PROD1PC65 with FRCU