7–30–07 Monday Vol. 72 No. 145 July 30, 2007

Pages 41423–41589

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Contents Federal Register Vol. 72, No. 145

Monday, July 30, 2007

Agency for Healthcare Research and Quality Drug Enforcement Administration NOTICES NOTICES Meetings: Applications, hearings, determinations, etc.: Health Care Policy and Research Special Emphasis Panel, Wildlife Laboratories, 41527–41528 41510 Education Department Agricultural Marketing Service NOTICES RULES Grants and cooperative agreements; availability, etc.: Mango promotion, research, and information order: Postsecondary education— Terms of office provision; amendment, 41425–41427 Postsecondary Education Improvement Fund, 41503– Mushroom promotion, research, and consumer information 41506 order and watermelon research and promotion plan: Corrections, 41427–41428 Engineers Corps Oranges, grapefruit, tangerines, and tangelos grown in PROPOSED RULES Florida, 41423–41425 PROPOSED RULES Danger zones and restricted areas: Cotton research and promotion program: Kuluk Bay, Adak, AK, 41470–41471 Procedures for conduct of sign-up period, 41460–41462 Environmental Protection Agency Agriculture Department RULES See Agricultural Marketing Service Air quality implementation plans; approval and promulgation; various States: Army Department California; partially withdrawn, 41450 See Engineers Corps Indiana, 41450–41453 Texas, 41453–41459 PROPOSED RULES Centers for Medicare & Medicaid Services Air quality implementation plans; approval and NOTICES promulgation; various States: Privacy Act; systems of records, 41510 Indiana, 41490 Texas, 41490–41491 Civil Rights Commission NOTICES NOTICES Meetings: Meetings; State advisory committees: Gulf of Mexico Program Management Committee, 41506– Tennessee, 41492 41507 Virginia, 41492 Federal Aviation Administration Commerce Department RULES See International Trade Administration Airworthiness directives: See National Oceanic and Atmospheric Administration Boeing, 41433–41436, 41438–41441 See Patent and Trademark Office Pilatus Aircraft Ltd., 41436–41438 Airworthiness standards: Commodity Futures Trading Commission Special conditions— NOTICES Boeing Model 787-8 airplane, 41428–41433 Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 41498–41500 Airworthiness directives: Boeing, 41462–41465 Corporation for National and Community Service Grob-Werke, 41466–41468 NOTICES Hawker Beechcraft Corp., 41465–41466 Reports and guidance documents; availability, etc.: NOTICES Strategic plan; public collaboration in achieving goals, Reports and guidance documents; availability, etc.: 41500–41501 Air quality implementation plans; Federal actions presumed to conform to State implementation plans, Defense Department 41565–41580 See Engineers Corps NOTICES Federal Emergency Management Agency Civilian health and medical program of uniformed services NOTICES (CHAMPUS): Disaster and emergency areas: TRICARE program— Kansas, 41513–41514 Alaska demonstration project, 41501–41502 North Dakota, 41514–41515 Meetings: Oklahoma, 41515 Science Board, 41502–41503 Texas, 41515

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Federal Highway Administration International Trade Administration NOTICES NOTICES Agency information collection activities; proposals, Antidumping: submissions, and approvals, 41580–41581 Wooden bedroom furniture from— China, 41492–41495 Federal Maritime Commission Applications, hearings, determinations, etc.: NOTICES University of Georgia et al., 41495–41496 Complaints filed: KEI Logix et al., 41507 International Trade Commission Federal Reserve System NOTICES Import investigations: NOTICES Individually quick frozen red raspberries from— Banks and bank holding companies: Chile, 41526 Change in bank control, 41507 Meetings; Sunshine Act, 41526–41527 Formations, acquisitions, and mergers, 41507–41508

Fish and Wildlife Service Justice Department NOTICES See Drug Enforcement Administration Endangered and threatened species and marine mammal NOTICES permit applications, determinations, etc., 41516 Agency information collection activities; proposals, Endangered and threatened species permit applications, submissions, and approvals, 41527 determinations, etc., 41516–41518 Marine mammal permit applications, determinations, etc., Labor Department 41518 NOTICES Meetings: Agency information collection activities; proposals, Sporting Conservation Council, 41518–41519 submissions, and approvals, 41528 Food and Drug Administration NOTICES Land Management Bureau Grants and cooperative agreements; availability, etc.: NOTICES Comprehensive radiation control program, 41510–41511 Alaska Native claims selection: Stebbins Native Corp., 41519 Health and Human Services Department See Agency for Healthcare Research and Quality Maritime Administration See Centers for Medicare & Medicaid Services NOTICES See Food and Drug Administration Grants and cooperative agreements; availability, etc.: See National Institutes of Health Maintenance and Repair Reimbursement Pilot Program, NOTICES 41581–41582 Committees; establishment, renewal, termination, etc.: Blood Safety and Availability Advisory Committee, 41508–41509 National Highway Traffic Safety Administration Special Exposure Cohort; employee class designations: NOTICES Lawrence Livermore National Laboratory, CA, 41509 Motor vehicle safety standards: Los Alamos National Laboratory, NM, 41509 Electronic stability control systems effectiveness; W.R. Grace site, TN, 41509–41510 statistical analysis; report, 41582–41583

Homeland Security Department National Institutes of Health See Federal Emergency Management Agency NOTICES See U.S. Citizenship and Immigration Services Agency information collection activities; proposals, submissions, and approvals, 41511–41512 Interior Department Meetings: See Fish and Wildlife Service National Center for Research Resources, 41512–41513 See Land Management Bureau National Human Genome Research Institute, 41513 See National Park Service National Institute of Allergy and Infectious Diseases, 41513 Internal Revenue Service National Institute on Alcohol Abuse and Alcoholism, RULES 41513 Income taxes: Section 1248 attribution principles, 41442–41450 Subchapter T cooperatives; return requirements, 41441– National Oceanic and Atmospheric Administration 41442 NOTICES PROPOSED RULES Committees; establishment, renewal, termination, etc.: Income taxes: Hawaiian Islands Humpback Whale National Marine Losses sustained from abandoned securities, 41468– Sanctuary Advisory Council, 41496–41497 41470 Marine mammal permit applications, determinations, etc., NOTICES 41497 Meetings: Meetings: Taxpayer Advocacy Panels, 41583–41584 Science Advisory Board, 41497–41498

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National Park Service Tennessee Valley Authority NOTICES NOTICES Native American human remains, funerary objects; Meetings; Sunshine Act, 41565 inventory, repatriation, etc.: Alutiiq Museum and Archaeological Repository, Kodiak, Transportation Department AK, 41519–41522 See Federal Aviation Administration Peabody Museum of Archaeology and Ethnology, Harvard See Federal Highway Administration University, Cambridge, MA, 41522–41525 See Maritime Administration Thomas Burke Memorial Washington State Museum, See National Highway Traffic Safety Administration University of Washington, Seattle, WA, 41525–41526 Treasury Department Nuclear Regulatory Commission See Internal Revenue Service NOTICES Committees; establishment, renewal, termination, etc.: U.S.-China Economic and Security Review Commission Nuclear Energy Institute Working Groups, 41531 NOTICES Applications, hearings, determinations, etc.: Meetings: Nuclear Fuel Services, Inc., 41528–41531 Report to Congress; preparation, 41584

Patent and Trademark Office U.S. Citizenship and Immigration Services PROPOSED RULES NOTICES Practice and procedure: Agency information collection activities; proposals, Ex parte patent appeals; rules of practice before Board of submissions, and approvals, 41515–41516 Patent Appeals and Interferences, 41472–41490 Veterans Affairs Department Postal Regulatory Commission NOTICES NOTICES Agency information collection activities; proposals, Meetings; Sunshine Act, 41531 submissions, and approvals, 41584–41589 Securities and Exchange Commission NOTICES Agency information collection activities; proposals, Reader Aids submissions, and approvals, 41531–41534 Consult the Reader Aids section at the end of this issue for Self-regulatory organizations; proposed rule changes: phone numbers, online resources, finding aids, reminders, NASDAQ Stock Market LLC, 41561–41563 and notice of recently enacted public laws. NYSE Arca, Inc., 41563–41564 To subscribe to the Federal Register Table of Contents Philadelphia Stock Exchange, Inc., 41564–41565 LISTSERV electronic mailing list, go to http:// Applications, hearings, determinations, etc.: listserv.access.gpo.gov and select Online mailing list MONY Life Insurance Company of America, et al, 41534– archives, FEDREGTOC-L, Join or leave the list (or change 41561 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.

7 CFR 905...... 41423 1206...... 41425 1209...... 41427 1210...... 41427 Proposed Rules: 1205...... 41460 14 CFR 25...... 41428 39 (3 documents) ...... 41433, 41436, 41438 Proposed Rules: 39 (3 documents) ...... 41462, 41465, 41466 26 CFR 1 (2 documents) ...... 41441, 41442 Proposed Rules: 1...... 41468 33 CFR Proposed Rules: 334...... 41470 37 CFR Proposed Rules: 41...... 41472 40 CFR 52 (3 documents) ...... 41450, 41453 97...... 41453 Proposed Rules: 52 (2 documents) ...... 41490 97...... 41490

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Rules and Regulations Federal Register Vol. 72, No. 145

Monday, July 30, 2007

This section of the FEDERAL REGISTER date and page number of this issue of section 608c(15)(A) of the Act, any contains regulatory documents having general the Federal Register and will be handler subject to an order may file applicability and legal effect, most of which available for public inspection in the with USDA a petition stating that the are keyed to and codified in the Code of Office of the Docket Clerk during regular order, any provision of the order, or any Federal Regulations, which is published under business hours, or can be viewed at: obligation imposed in connection with 50 titles pursuant to 44 U.S.C. 1510. http://www.regulations.gov. the order is not in accordance with law The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: and request a modification of the order the Superintendent of Documents. Prices of Doris Jamieson, Marketing Specialist, or or to be exempted therefrom. Such new books are listed in the first FEDERAL Christian D. Nissen, Regional Manager, handler is afforded the opportunity for REGISTER issue of each week. Southeast Marketing Field Office, a hearing on the petition. After the Marketing Order Administration hearing USDA would rule on the Branch, Fruit and Vegetable Programs, petition. The Act provides that the DEPARTMENT OF AGRICULTURE AMS, USDA; telephone: (863) 324– district court of the United States in any 3375, Fax: (863) 325–8793, or E-mail: district in which the handler is an Agricultural Marketing Service [email protected] or inhabitant, or has his or her principal [email protected]. place of business, has jurisdiction to 7 CFR Part 905 Small businesses may request review USDA’s ruling on the petition, [Docket No. AMS–FV–07–0088; FV07–905– information on complying with this provided an action is filed not later than 1 IFR] regulation by contacting Jay Guerber, 20 days after the date of the entry of the Marketing Order Administration ruling. Oranges, Grapefruit, Tangerines, and Branch, Fruit and Vegetable Programs, This rule decreases the assessment Tangelos Grown in Florida; Decreased AMS, USDA, 1400 Independence rate established for the Committee for Assessment Rate Avenue SW., STOP 0237, Washington, the 2007–08 and subsequent fiscal AGENCY: Agricultural Marketing Service, DC 20250–0237; telephone: (202) 720– periods from $0.008 per 4/5 bushel USDA. 2491, Fax: (202) 720–8938, or E-mail: carton to $0.0072 per 4/5 bushel carton ACTION: Interim final rule with request [email protected]. of oranges, grapefruit, tangerines, and for comments. SUPPLEMENTARY INFORMATION: This rule tangelos grown in Florida. is issued under Marketing Agreement The Florida citrus marketing order SUMMARY: This rule decreases the No. 84 and Marketing Order No. 905, provides authority for the Committee, assessment rate established for the both as amended (7 CFR part 905), with the approval of USDA, to formulate Citrus Administrative Committee regulating the handling of oranges, an annual budget of expenses and (Committee) for the 2007–08 and grapefruit, tangerines, and tangelos collect assessments from handlers to subsequent fiscal periods from $0.008 to grown in Florida, hereinafter referred to administer the program. The members $0.0072 per 4/5 bushel carton of as the ‘‘order.’’ The order is effective of the Committee are producers and oranges, grapefruit, tangerines, and under the Agricultural Marketing handlers of oranges, grapefruit, tangelos handled. The Committee Agreement Act of 1937, as amended (7 tangerines, and tangelos. They are locally administers the marketing order U.S.C. 601–674), hereinafter referred to familiar with the Committee’s needs and which regulates the handling of oranges, as the ‘‘Act.’’ with the costs for goods and services in grapefruit, tangerines, and tangelos The Department of Agriculture their local area and are thus in a grown in Florida. Assessments upon (USDA) is issuing this rule in position to formulate an appropriate Florida citrus handlers are used by the conformance with Executive Order budget and assessment rate. The Committee to fund reasonable and 12866. assessment rate is formulated and necessary expenses of the program. The This rule has been reviewed under discussed in a public meeting. Thus, all fiscal period begins August 1 and ends Executive Order 12988, Civil Justice directly affected persons have an July 31. The assessment rate will remain Reform. Under the marketing order now opportunity to participate and provide in effect indefinitely unless modified, in effect, Florida citrus handlers are input. suspended, or terminated. subject to assessments. Funds to For the 2005–06 and subsequent fiscal DATES: Effective July 31, 2007. administer the order are derived from periods, the Committee recommended, Comments received by September 28, such assessments. It is intended that the and USDA approved, a decreased 2007, will be considered prior to assessment rate as issued herein will be assessment rate that would continue in issuance of a final rule. applicable to all assessable oranges, effect from fiscal period to fiscal period ADDRESSES: Interested persons are grapefruit, tangerines, and tangelos unless modified, suspended, or invited to submit written comments grown in Florida, beginning August 1, terminated by USDA upon concerning this rule. Comments must be 2007, and continue until amended, recommendation and information sent to the Docket Clerk, Marketing suspended, or terminated. This rule will submitted by the Committee or other Order Administration Branch, Fruit and not preempt any State or local laws, information available to USDA. Vegetable Programs, AMS, USDA, 1400 regulations, or policies, unless they The Committee met on May 29, 2007, Independence Avenue SW., STOP 0237, present an irreconcilable conflict with and unanimously recommended 2007– Washington, DC 20250–0237; Fax: (202) this rule. 08 expenditures of $275,000 and an 720–8938; or Internet: http:// The Act provides that administrative assessment rate of $0.0072 per 4/5 www.regulations.gov. Comments should proceedings must be exhausted before bushel of oranges, grapefruit, tangerines, reference the docket number and the parties may file suit in court. Under and tangelos grown in Florida. In

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comparison, last year’s budgeted for subsequent fiscal periods will be grapefruit, tangerines, and tangelos for expenditures were $241,000. The reviewed and, as appropriate, approved the 2007–08 season is estimated at 30 assessment rate of $0.0072 is $0.0008 by USDA. million 4/5 bushel cartons. Thus, the lower than the rate currently in effect. $0.0072 rate should provide $216,000 in Initial Regulatory Flexibility Analysis This reduction was recommended assessment income. Income derived because the Committee experienced an Pursuant to requirements set forth in from handler assessments, along with unanticipated increase in shipments for the Regulatory Flexibility Act (RFA), the interest income and funds from the the 2006–07 fiscal period and had Agricultural Marketing Service (AMS) Committee’s authorized reserve, will be revenues greater than expenses. In has considered the economic impact of adequate to cover budgeted expenses. addition, the industry has continued to this rule on small entities. Accordingly, The major expenditures recover from the hurricane damage AMS has prepared this initial regulatory recommended by the Committee for the sustained during the 2004–05 and 2005– flexibility analysis. 2007–08 fiscal year include $112,000 for 06 seasons, which is expected to have The purpose of the RFA is to fit salaries, $25,000 for Manifest a positive affect on total production. regulatory actions to the scale of Department-FDACS, $17,800 for The major expenditures business subject to such actions in order retirement plan, and $14,550 for recommended by the Committee for the that small businesses will not be unduly insurance and bonds. Budgeted 2007–08 fiscal year include $112,000 for or disproportionately burdened. expenses for these items in 2006–07 salaries, $25,000 for Manifest Marketing orders issued pursuant to the were $110,000, $25,000, $17,250, and Department-Florida Department of Act, and the rules issued thereunder, are $14,550, respectively. Agriculture and Customer Services unique in that they are brought about The reduction in the assessment rate (FDACS), $17,800 for retirement plan, through group action of essentially was recommended by the Committee as and $14,550 for insurance and bonds. small entities acting on their own a result of an unanticipated increase in Budgeted expenses for these items in behalf. shipments for the 2006–07 fiscal period, 2006–07 were $110,000, $25,000, There are approximately 8,000 which produced revenues that were $17,250, and $14,550, respectively. producers of oranges, grapefruit, greater than expenses. In addition, the The assessment rate recommended by tangerines, and tangelos in the industry has continued to recover from the Committee was derived by dividing production area and approximately 55 the hurricane damage sustained during anticipated expenses by expected handlers subject to regulation under the the 2004–05 and 2005–06 seasons, shipments of oranges, grapefruit, marketing order. Small agricultural which is expected to have a positive tangerines, and tangelos. Florida citrus producers are defined by the Small impact on production. shipments for the year are estimated at Business Administration (SBA) as those The Committee reviewed and 30 million 4/5 bushels which should having annual receipts less than unanimously recommended 2007–08 provide $216,000 in assessment income. $750,000, and small agricultural service expenditures of $275,000. Prior to Income derived from handler firms are defined as those whose annual arriving at this budget, the Committee assessments, along with interest income receipts are less than $6,500,000 (13 considered information from various and funds from the Committee’s CFR 121.201). sources including the Committee’s authorized reserve will be adequate to Based on industry and Committee Budget Subcommittee. Alternative cover budgeted expenses. Funds in the data, the average annual f.o.b. price for expenditure levels were discussed by reserve (currently approximately fresh Florida citrus during the 2005–06 this group, based on different estimates $60,000) will be kept within the season was approximately $11.50 per of assessable cartons and budget maximum permitted by the order of not 4/5-bushel carton, and total fresh expenses. The assessment rate of to exceed one half of one fiscal period’s shipments were approximately 29.1 $0.0072 per 4/5 bushel carton of expenses as stated in § 905.42(a). million cartons. Using the average f.o.b. assessable oranges, grapefruit, The assessment rate established in price, at least 70 percent of the Florida tangerines, and tangelos was then this rule will continue in effect citrus handlers could be considered determined by dividing the total indefinitely unless modified, small businesses under SBA’s recommended budget by the quantity of suspended, or terminated by USDA definition. In addition, based on assessable Florida citrus, estimated at 30 upon recommendation and information production and producer prices million 4/5 bushel cartons for the 2007– submitted by the Committee or other reported by the National Agricultural 08 season, taking into consideration the available information. Statistics Service, and the total number availability of reserve funds and interest Although this assessment rate is in of Florida citrus producers, the average income. This is approximately $59,000 effect for an indefinite period, the annual producer revenue is under anticipated expenses, which the Committee will continue to meet prior approximately $55,540. Therefore, the Committee determined to be acceptable. to or during each fiscal period to majority of handlers and producers of A review of historical information and recommend a budget of expenses and Florida citrus may be classified as small preliminary information pertaining to consider recommendations for entities. the upcoming fiscal period indicates modification of the assessment rate. The This rule decreases the assessment that the producer price for the 2007–08 dates and times of Committee meetings rate established for the Committee and season could range between $1.83 and are available from the Committee or collected from handlers for the 2007–08 $9.76 per 4/5 bushel of oranges, USDA. Committee meetings are open to and subsequent fiscal periods from grapefruit, tangerines, and tangelos. the public and interested persons may $0.008 to $0.0072 per 4/5 bushel carton Therefore, the estimated assessment express their views at these meetings. of oranges, grapefruit, tangerines, and revenue for the 2007–08 fiscal period as USDA will evaluate Committee tangelos. The Committee unanimously a percentage of total producer revenue recommendations and other available recommended 2007–08 expenditures of could range between .07 and .39 information to determine whether $275,000 and an assessment rate of percent. modification of the assessment rate is $0.0072 per 4/5 bushel carton. The This action decreases the assessment needed. Further rulemaking will be assessment rate of $0.0072 is $0.0008 obligation imposed on handlers. undertaken as necessary. The lower than the 2006–07 rate. The Assessments are applied uniformly on Committee’s 2007–08 budget and those quantity of assessable oranges, all handlers, and some of the costs may

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be passed on to producers. However, during such fiscal period; (2) this action for the two wholesaler and/or retailer decreasing the assessment rate reduces decreases the assessment rate for positions of the National Mango Board the burden on handlers, and may reduce assessable Florida citrus beginning with (Board) be the same as that of other the burden on producers. In addition, the 2007–08 fiscal year; (3) handlers are members. Specifically, the amendment the Committee’s meeting was widely aware of this action, which was modifies the term of office from one publicized throughout the Florida citrus unanimously recommended by the year to three years, and modifies the industry and all interested persons were Committee at a public meeting and is term limit for these positions from a invited to attend the meeting and similar to other assessment rate actions maximum of three consecutive one-year participate in Committee deliberations issued in past years; and (4) this interim terms to a maximum of two consecutive on all issues. Like all Committee final rule provides a 60-day comment three-year terms in order to conform to meetings, the May 29, 2007, meeting period, and all comments timely the requirements of the Commodity was a public meeting and all entities, received will be considered prior to Promotion, Research, and Information both large and small, were able to finalization of this rule. Act of 1996 Act. express views on this issue. Finally, List of Subjects in 7 CFR Part 905 DATES: Effective date: July 31, 2007. interested persons are invited to submit Comments must be submitted on or comments on this interim final rule, Grapefruit, Marketing agreements, before August 29, 2007. including the regulatory and Oranges, Reporting and recordkeeping ADDRESSES: Interested persons are informational impacts of this action on requirements, Tangelos, Tangerines. invited to submit written comments on small businesses. I For the reasons set forth in the the Internet at http:// This action imposes no additional preamble, 7 CFR part 905 is amended as www.regulations.gov or to the Research reporting or recordkeeping requirements follows: and Promotion Branch, Fruit and on either small or large Florida citrus Vegetable Programs, AMS, USDA, Stop handlers. As with all Federal marketing PART 905—ORANGES, GRAPEFRUIT, 0244-Room 0634–S, 1400 Independence order programs, reports and forms are TANGERINES, AND TANGELOS Avenue, SW., Washington, DC 20250– periodically reviewed to reduce GROWN IN FLORIDA information requirements and 0244; Fax: (202) 205–2800. Comments, duplication by industry and public I 1. The authority citation for 7 CFR which should reference the docket sector agencies. part 905 continues to read as follows: number, title of action, date, and page number of this issue of the Federal The AMS is committed to complying Authority: 7 U.S.C. 601–674. with the E-Government Act, to promote Register, will be made available for the use of the Internet and other I 2. Section 905.235 is revised to read public inspection at the above address information technologies to provide as follows: during regular business hours and may also be viewed at http:// increased opportunities for citizen § 905.235 Assessment rate. access to Government information and www.regulations.gov. services, and for other purposes. On and after August 1, 2007, an FOR FURTHER INFORMATION CONTACT: USDA has not identified any relevant assessment rate of $0.0072 per 4/5 Kathie Birdsell, Marketing Specialist, or Federal rules that duplicate, overlap, or bushel carton or equivalent is Sonia N. Jimenez, Chief, Research and conflict with this rule. established for Florida citrus covered Promotion Branch, Fruit and Vegetable A small business guide on complying under the order. Programs, Agricultural Marketing with fruit, vegetable, and specialty crop Dated: July 23, 2007. Service, USDA, Stop 0244-Room 0634– marketing agreements and orders may Lloyd C. Day, S, Washington, DC 20250–0244; be viewed at: http://www.ams.usda.gov/ Administrator, Agricultural Marketing telephone (202) 720–9915 or (888) 720– fv/moab.html. Any questions about the Service. 9917 (toll free). compliance guide should be sent to Jay [FR Doc. E7–14621 Filed 7–27–07; 8:45 am] SUPPLEMENTARY INFORMATION: This rule Guerber at the previously mentioned BILLING CODE 3410–02–P is issued under the Mango Promotion, address in the FOR FURTHER INFORMATION Research, and Information Order [7 CFR CONTACT section. Part 1206]. The Order is authorized After consideration of all relevant DEPARTMENT OF AGRICULTURE under the Commodity Promotion, material presented, including the Research, and Information Act of 1996 information and recommendation Agricultural Marketing Service (Act) [7 U.S.C. 7411–7425]. submitted by the Committee and other available information, it is hereby found 7 CFR Part 1206 Executive Order 12866 that this rule, as hereinafter set forth, The Office of Management and Budget will tend to effectuate the declared [Docket No. : AMS–FV–07–0042; FV–07–702 IFR] has waived the review process required policy of the Act. by Executive Order 12866 for this Pursuant to 5 U.S.C. 553, it is also Mango Promotion, Research, and action. found and determined upon good cause Information Order; Amendment to Executive Order 12988 that it is impracticable, unnecessary, Term of Office Provision and contrary to the public interest to This rule has been reviewed under give preliminary notice prior to putting AGENCY: Agricultural Marketing Service, Executive Order 12988, Civil Justice this rule into effect, and that good cause USDA. Reform. The rule is not intended to have exists for not postponing the effective ACTION: Interim final rule with request a retroactive effect and will not affect or date of this rule until 30 days after for comments. preempt any other State or Federal law publication in the Federal Register authorizing promotion or research because: (1) The 2007–08 fiscal period SUMMARY: This rule amends, on an relating to an agricultural commodity. begins August 1, 2007, and the interim basis, the term of office The Act provides that any person marketing order requires that the rate of provision of the Mango Promotion, subject to an order may file a written assessment for each fiscal period apply Research, and Information Order (Order) petition with the Department of to all assessable Florida citrus handled so that the term of office and term limit Agriculture (Department) if they believe

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that the order, any provision of the one first handler, two domestic information collection requirements order, or any obligation imposed in producers, seven foreign producers, and under the Paperwork Reduction Act of connection with the order, is not two non-voting wholesalers and/or 1995 [44 U.S.C. 3501 et seq.], there are established in accordance with law. In retailers. The Board is responsible for no new requirements contained in this any petition, the person may request a carrying out promotion, research, and rule. The information collection modification of the order or an information activities intended to requirements have been previously exemption from the order. The develop, maintain, and increase the approved by the Office of Management petitioner is afforded the opportunity demand of mangos in the United States. and Budget (OMB) under OMB control for a hearing on the petition. After a Appointments to the Board are made by number 0581–0093. hearing, the Department would rule on the Secretary of Agriculture from a slate There are no Federal rules that the petition. The Act provides that the of nominated candidates. duplicate, overlap, or conflict with this district court of the United States in any Section 515(b)(5) of the Act provides rule. that members and alternates of a board district in which the petitioner resides Background or conducts business shall have the shall serve three-year terms of office and jurisdiction to review the Department’s may serve a maximum of two The Order became effective November ruling on the petition, provided a consecutive three-year terms, except 3, 2004, and is authorized under the complaint is filed not later than 20 days members and alternates appointed to Commodity Promotion, Research, and after the date of the entry of the ruling. the initial Board may serve terms of two, Information Act of 1996 [7 U.S.C. 7411– three, or four years. Currently the Order 7425], and is administered by the Board. Regulatory Flexibility Analysis and states that the importer, first handler, The Order provides for a 20-member Paperwork Reduction Act domestic producers, and foreign Board consisting of eight importers, one In accordance with the Regulatory producers each may serve a three-year first handler, two domestic producers, Flexibility Act (RFA) [5 U.S.C. 601 et term of office and may serve a seven foreign producers, and two non- seq.], the Agricultural Marketing Service maximum of two consecutive three-year voting wholesalers and/or retailers. (AMS) has examined the economic terms, except members appointed to the Under the Order, the Board impact of this rule on small entities that initial Board serve staggered terms of administers a nationally coordinated would be affected by this rule. The two, three and four years. However, the program of promotion, research, and purpose of the RFA is to fit regulatory Order provides one-year terms of office information designed to strengthen the actions to the scale of business subject for wholesaler and/or retailer members, position of mangos in the marketplace to such actions in order that small and such members may serve a and to develop, maintain, and expand businesses will not be unduly or maximum of three consecutive one-year the demand for mangos in the United disproportionately burdened. terms. States. The program is financed by an The Small Business Administration At its February 2007 meeting, the assessment of 1⁄2 cent per pound on first defines, in 13 CFR Part 121, small Board reviewed the term of office for the handlers and importers who market or agricultural producers as those having two wholesaler and/or retailer positions. import 500,000 pounds or more of annual receipts of no more than After considerable discussion and mangos annually. Under the Order, first $750,000 and small agricultural service review of alternatives, the Board handlers remit assessments directly to firms as having receipts of no more than approved a proposal for the Board, and assessments paid by $6,500,000 million. First handlers, recommendation to the Department to importers are collected and remitted by importers, wholesalers, and retailers modify from a one year to a two year the United States Customs Service. would be considered agricultural term of office for the wholesaler and/or Section 515(b)(5) of the Act provides service firms. There are approximately 5 retailer positions. Upon review of the that members and alternates of a board first handlers and 55 importers subject Board’s proposal, the Department shall serve three-year terms of office and to and assessed under the Order. The determined that the current term of may serve a maximum of two majority of these first handlers and office provision for the two wholesaler consecutive three-year terms, except importers would be considered small and/or retailer positions was not in members and alternates appointed to businesses while wholesalers and conformance with the Act. Accordingly, the initial board may serve terms of two, retailers would not. this rule modifies the Order’s term of three, or four years. Currently, with the First handlers and importers who office provision to provide for exception of the initial Board, the Order market or import less than 500,000 wholesaler and/or retailer positions provides a three-year term of office for pounds of mangos annually are exempt terms of three years with a maximum of first handler, importer, domestic from the Order. Mangos that are two consecutive three-year terms. producer, and foreign producer exported out of the United States also The amendment will bring the Order members, and these members may serve are exempt from assessment. In in conformance with the Act. a maximum of two consecutive three- addition, domestic producers, foreign Additionally, the overall impact of the year terms. First handlers, importers, producers, wholesalers, and retailers are amendment will be favorable for first domestic producers, and foreign not subject to or assessed under the handlers and importers because the producers who were appointed to the Order, but such individuals are eligible amendment will provide greater Board initial Board were assigned to serve to serve on the Board along with continuity, align the wholesaler and/or staggered terms of office of two, three, importers and first handlers. retailer positions terms of office with and four years—ending December 31, The Mango Promotion, Research, and other Board positions, and reduce the 2007, 2008, 2009. Members serving an Information Order, which became administrative burden of conducting initial term of two or four years are effective November 4, 2004, is nominations on an annual basis for eligible to serve a second term of three authorized under the Commodity these positions. years. The terms of office for first Promotion, Research, and Information In accordance with the Office of handler, importer, domestic producer, Act of 1996 (Act) [7 U.S.C. 7411–7425]. Management and Budget (OMB) and foreign producer positions are Pursuant to Section 515 (b) of the Act, regulation [5 CFR Part 1320] which consistent with the Act. the Order provides for the establishment implements the Paperwork Reduction For the two wholesaler and/or retailer of a Board comprised of eight importers, Act of 1995 [44 U.S.C. Chapter 35], the Board positions, the Order currently

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provides a one-year term of office and PART 1206—MANGO PROMOTION, document updates the HTS codes for members may serve a maximum of three RESEARCH, AND INFORMATION the mentioned imported commodities in consecutive one-year terms. Wholesaler ORDER 7 CFR 1209.51(e)(3) and 7 CFR and/or retailer members appointed to 1210.515(b). I 1. The authority citation for 7 CFR the initial Board were appointed to DATES: Effective date: July 30, 2007. serve a term of office of one year with part 1206 continues to read as follows: FOR FURTHER INFORMATION CONTACT: the term ending December 31, 2007. The Authority: 7 U.S.C. 6101–6112. Daniel Rafael Manzoni, Research and term of office and the term limit for the I 2. Section 1206.32 is revised to read Promotion Branch, Fruit and Vegetable wholesaler and/or retailer positions are as follows: Programs, Agricultural Marketing not in conformance with the Act. Thus, Service, USDA, Stop 0244, 1400 this rule will modify the Order to bring § 1206.32 Term of office. Independence Avenue, SW., Room it in conformance with the Act. Also, The term of office for first handler, 0634–S, Washington, DC 20250–0244, the amendment will be favorable for importer, domestic producer, foreign telephone (202) 720–9915, fax (202) first handlers and importers because the producer, and wholesaler/retailer 205–2800, or e-mail amendment will provide greater Board members of the Board will be three [email protected]. continuity, align the wholesaler and/or years, and these members may serve a SUPPLEMENTARY INFORMATION: retailer positions terms of office with maximum of two consecutive three-year This other Board positions, and reduce the terms. When the Board is first document provides for corrections to 7 administrative burden of conducting established, the first handler, two CFR part 1209 and 7 CFR part 1210 to nominations on an annual basis for importers, one domestic producer, and reflect changes to the HTS codes for these positions. two foreign producers will be assigned imported mushrooms and watermelons. Nominations and appointments to the initial terms of four years; three List of Subjects Board are conducted pursuant to importers, one domestic producer, and § 1206.30 establishment and two foreign producers will be assigned 7 CFR Part 1209 membership, § 1206.31 nominations and initial terms of three years; and three Administrative practice and appointments, and § 1206.32 term of importers, three foreign producers, and procedure, Advertising, Consumer office. Appointments to the Board are two wholesaler and/or retailer members information, Marketing Agreements, made by the Secretary of Agriculture will be assigned initial terms of two Mushroom promotion, Reporting and from a slate of nominated candidates. years. Thereafter, each of these positions recordkeeping requirements. Nominations for the importer, first will carry a full three-year term. 7 CFR Part 1210 handler, domestic producer, and foreign Members serving initial terms of two or producer positions are made by the four years will be eligible to serve a Agricultural promotion, Agricultural respective industry organizations or second term of three years. Each term of research, Market development, individuals. Nominations for the office will end on December 31, with Reporting and recordkeeping wholesaler and/or retailer positions are new terms of office beginning on requirements, Watermelons. made by the Board. Nominations for January 1. I Accordingly, 7 CFR Part 1209 and Board positions for terms ending Dated: July 23, 2007. CFR Part 1210 are corrected by making December 31, 2007, will be based on the the following correcting amendments: amendment contained in this rule. The Lloyd C. Day, term of office for such appointments Administrator, Agricultural Marketing PART 1209—MUSHROOM will commence January 1, 2008. Service. PROMOTION, RESEARCH, AND Pursuant to 5 U.S.C. 553, it is found [FR Doc. E7–14612 Filed 7–27–07; 8:45 am] CONSUMER INFORMATION ORDER and determined upon good cause that it BILLING CODE 3410–02–P is impracticable, unnecessary, and I 1. The authority citation for 7 CFR contrary to the public interest to give part 1209 continues to read as follows: preliminary notice prior to putting this DEPARTMENT OF AGRICULTURE Authority: 7 U.S.C. 6101–6112. rule into effect and good cause exists for Agricultural Marketing Service I 2. In § 1209.51, revise paragraph (e)(3) not postponing the effective date of this to read as follows: rule until 30 days after publication in 7 CFR Parts 1209 and 1210 the Federal Register because this rule § 1209.51 Assessments. will allow the upcoming nominations [Doc. No. AMS–FV–07–0070; FV–07–704] * * * * * and appointments to be conducted Mushroom Promotion, Research, and (e) * * * based on the changes to the term of (3) The import assessment shall be Consumer Information Order and office provision of this rule. The new uniformly applied to imported Watermelon Research and Promotion term of office begins on January 1, 2008. mushrooms that are identified by the Plan; Corrections In addition and for the same reasons, a numbers, 0709.51.01 and 0709.59 in the 30-day period is provided for interested AGENCY: Agricultural Marketing Service, Harmonized Tariff Schedule of the persons to comment on this rule. USDA. United States or any other number used List of Subjects in 7 CFR Part 1206 ACTION: Correcting amendments. to identify fresh mushrooms. * * * * * Administrative practice and SUMMARY: The Agricultural Marketing procedure, Advertising, Consumer Service (AMS) is making corrections to PART 1210—WATERMELON information, Marketing agreements, the Code of Federal Regulations (7 CFR PROMOTION, RESEARCH, AND Mango promotion, reporting and part 1209 and 7 CFR part 1210) to reflect PROMOTION PLAN recording, requirements. the modification of Harmonized Tariff I For the reasons set forth in the Schedule (HTS) codes for imported I 3. The authority citation for 7 CFR preamble, 7 CFR part 1206 is amended mushrooms and watermelons by U.S. part 1210 continues to read as follows: as follows: Customs and Border Protection. This Authority: 7 U.S.C. 4901–4916

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I 4. In § 1210.515 revise paragraph (b) effects of certain conditions on these Special conditions are initially to read as follows: novel or unusual design features, such applicable to the model for which they as the effects of high intensity radiated are issued. Should the type certificate § 1210.515 Levy of assessments. fields (HIRF). The applicable for that model be amended later to * * * * * airworthiness regulations do not contain include any other model that (b) The import assessment shall be adequate or appropriate safety standards incorporates the same or similar novel uniformly applied to imported for these design features. These special or unusual design feature, the special watermelons that are identified by the conditions contain the additional safety conditions would also apply to the other numbers 0807.11.30 and 0807.11.40 in standards that the Administrator model under § 21.101. the Harmonized Tariff Scheudle of the considers necessary to establish a level United States of any other number used Discussion of Novel or Unusual Design of safety equivalent to that established Features to identify fresh watermelons for by the existing standards. Additional consumption as human food. The U.S. special conditions will be issued for The 787 will incorporate a number of Customs Service (USCS) will collect other novel or unusual design features novel or unusual design features. assessments on such watermelons at the of the Boeing Model 787–8 airplanes. Because of rapid improvements in airplane technology, the applicable time of entry and will forward such DATES: Effective Date: August 29, 2007. assessment as per the agreement airworthiness regulations do not contain FOR FURTHER INFORMATION CONTACT: between USCS and USDA. Any adequate or appropriate safety standards Meghan Gordon, FAA, Standardization importer or agent who is exempt from for these design features. These special Branch, ANM–113, Transport Airplane payment of assessments may submit the conditions for the 787 contain the Directorate, Aircraft Certification Board adequate proof of the volume additional safety standards that the Service, 1601 Lind Avenue SW., handled by such importer for the Administrator considers necessary to Renton, Washington 98057–3356; exemption to be granted. establish a level of safety equivalent to telephone (425) 227–2138; facsimile * * * * * that established by the existing (425) 227–1149. airworthiness standards. Dated: July 23, 2007. SUPPLEMENTARY INFORMATION: Most of these special conditions are Lloyd C. Day, Background identical or nearly identical to those Administrator, Agricultural Marketing previously required for type Service. On March 28, 2003, Boeing applied certification of the Model 777 series [FR Doc. E7–14615 Filed 7–27–07; 8:45 am] for an FAA type certificate for its new airplanes. BILLING CODE 3410–02–P Boeing Model 787–8 passenger airplane. Most of these special conditions were The Boeing Model 787–8 airplane will derived initially from standardized be an all-new, two-engine jet transport requirements developed by the Aviation DEPARTMENT OF TRANSPORTATION airplane with a two-aisle cabin. The Rulemaking Advisory Committee maximum takeoff weight will be (ARAC), comprised of representatives of Federal Aviation Administration 476,000 pounds, with a maximum the FAA, Europe’s Joint Aviation passenger count of 381 passengers. Authorities (now replaced by the 14 CFR Part 25 Type Certification Basis European Aviation Safety Agency), and industry. In the case of some of these [Docket No. NM362 Special Conditions No. Under provisions of 14 Code of 25–354–SC] requirements, a draft notice of proposed Federal Regulations (CFR) 21.17, Boeing rulemaking has been prepared but no Special Conditions: Boeing Model 787– must show that Boeing Model 787–8 final rule has yet been promulgated. 8 Airplane; Interaction of Systems and airplanes (hereafter referred to as ‘‘787’’) Additional special conditions will be Structures, Electronic Flight Control meet the applicable provisions of 14 issued for other novel or unusual design System-Control Surface Awareness, CFR part 25, as amended by features of the 787 in the near future. Amendments 25–1 through 25–117, High Intensity Radiated Fields (HIRF) 1. Interaction of Systems and Structures Protection, Limit Engine Torque Loads except §§ 25.809(a) and 25.812, which for Sudden Engine Stoppage, and will remain at Amendment 25–115. If The 787 is equipped with systems Design Roll Maneuver Requirement the Administrator finds that the that affect the airplane’s structural applicable airworthiness regulations do performance, either directly or as a AGENCY: Federal Aviation not contain adequate or appropriate result of failure or malfunction. That is, Administration (FAA), DOT. safety standards for the 787 because of the airplane’s systems affect how it ACTION: Final special conditions. a novel or unusual design feature, responds in maneuver and gust special conditions are prescribed under conditions, and thereby affect its SUMMARY: These special conditions are provisions of 14 CFR 21.16. structural capability. These systems may issued for the Boeing Model 787–8 In addition to the applicable also affect the aeroelastic stability of the airplane. This airplane will have novel airworthiness regulations and special airplane. Such systems represent a or unusual design features when conditions, the 787 must comply with novel and unusual feature when compared to the state of technology the fuel vent and exhaust emission compared to the technology envisioned envisioned in the airworthiness requirements of 14 CFR part 34 and the in the current airworthiness standards. standards for transport category noise certification requirements of part Special conditions are needed to require airplanes. These design features include 36. In addition, the FAA must issue a consideration of the effects of systems electronic flight control systems and finding of regulatory adequacy pursuant on the structural capability and high bypass engines. These special to section 611 of Public Law 92–574, the aeroelastic stability of the airplane, both conditions also pertain to the effects of ‘‘Noise Control Act of 1972’’. in the normal and in the failed state. such novel or unusual design features, The FAA issues special conditions, as These special conditions require that such as effects on the structural defined in § 11.19, under § 11.38 and the airplane meet the structural performance of the airplane. Finally, they become part of the type requirements of subparts C and D of 14 these special conditions pertain to certification basis under § 21.17(a)(2). CFR part 25 when the airplane systems

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are fully operative. The special control the airplane have made it The environment levels identified conditions also require that the airplane necessary to provide adequate above are the result of an FAA review meet these requirements considering protection. of existing studies on the subject of failure conditions. In some cases, To ensure that a level of safety is HIRF and of the work of the reduced margins are allowed for failure achieved that is equivalent to that Electromagnetic Effects Harmonization conditions based on system reliability. intended by the regulations Working Group of ARAC. incorporated by reference, special 2. Electronic Flight Control System: 4. Limit Engine Torque Loads for conditions are needed for the 787. These Control Surface Awareness Sudden Engine Stoppage special conditions require that avionics/ With a response-command type of electronics and electrical systems that The 787 will have high-bypass flight control system and no direct perform critical functions be designed engines with a chord-swept fan 112 coupling from cockpit controller to and installed to preclude component inches in diameter. Engines of this size control surface, such as on the 787, the damage and interruption of function were not envisioned when § 25.361, pilot is not aware of the actual surface because of HIRF. pertaining to loads imposed by engine deflection position during flight High-power radio frequency seizure, was adopted in 1965. Worst maneuvers. This feature of this design is transmitters for radio, radar, television, case engine seizure events become novel and unusual when compared to and satellite communications can increasingly more severe with the state of technology envisioned in the adversely affect operations of airplane increasing engine size because of the airworthiness standards for transport electrical and electronic systems. higher inertia of the rotating category airplanes. These special Therefore, immunity of critical components. conditions are meant to contain the avionics/electronics and electrical Section 25.361(b)(1) requires that for additional safety standards that the systems to HIRF must be established. turbine engine installations, the engine Administrator considers necessary to Based on surveys and analysis of mounts and supporting structures must establish a level of safety equivalent to existing HIRF emitters, adequate be designed to withstand a ‘‘limit engine that established by the existing protection from HIRF exists if airplane torque load imposed by sudden engine airworthiness standards. Some unusual system immunity is demonstrated when stoppage due to malfunction or flight conditions, arising from exposed to the HIRF environments in structural failure.’’ Limit loads are atmospheric conditions or airplane or either paragraph (a) OR (b) below: expected to occur about once in the engine failures or both, may result in (a) A minimum environment of 100 lifetime of any airplane. Section 25.306 full or nearly full surface deflection. volts rms (root-mean-square) per meter requires that supporting structures be Unless the flight crew is made aware of electric field strength from 10 KHz to 18 able to support limit loads without excessive deflection or impending GHz. detrimental permanent deformation, control surface deflection limiting, (1) System elements and their meaning that supporting structures piloted or auto-flight system control of associated wiring harnesses must be should remain serviceable after a limit the airplane might be inadvertently exposed to this environment without load event. continued in a way that would cause benefit of airframe shielding. Since adoption of § 25.361(b)(1), the loss of control or other unsafe handling (2) Demonstration of this level of size, configuration, and failure modes of or performance situations. protection is established through system jet engines have changed considerably. These special conditions require that tests and analysis. Current engines are much larger and are suitable annunciation be provided to the (b) An environment external to the designed with large bypass fans. In the flightcrew when a flight condition exists airframe of the field strengths shown in event of a structural failure, these in which nearly full control surface the table below for the frequency ranges engines are capable of producing much deflection occurs. Suitability of such an indicated. Immunity to both peak and higher transient loads on the engine annunciation must take into account average field strength components from mounts and supporting structures. that some pilot-demanded maneuvers, the table must be demonstrated. As a result, modern high bypass such as a rapid roll, are necessarily engines are subject to certain rare-but- associated with intended full or nearly Field strength severe engine seizure events. Service full control surface deflection. Simple Frequency (volts per meter) history shows that such events occur far alerting systems which would function less frequently than limit load events. Peak Average in both intended and unexpected Although it is important for the airplane control-limiting situations must be 10 kHz–100 kHz ...... 50 50 to be able to support such rare loads properly balanced between providing 100 kHz–500 kHz ...... 50 50 safely without failure, it is unrealistic to needed crew awareness and avoiding 500 kHz–2 MHz ...... 50 50 expect that no permanent deformation nuisance warnings. 2 MHz–30 MHz ...... 100 100 will occur. 30 MHz–70 MHz ...... 50 50 Given this situation, ARAC has 3. High Intensity Radiated Fields (HIRF) 70 MHz–100 MHz ...... 50 50 proposed a design standard for today’s Protection 100 MHz–200 MHz ...... 100 100 large engines. For the commonly- The 787 will use electrical and 200 MHz–400 MHz ...... 100 100 occurring deceleration events, the electronic systems which perform 400 MHz–700 MHz ...... 700 50 proposed standard requires engine critical functions. These systems may be 700 MHz–1 GHz ...... 700 100 mounts and structures to support 1 GHz–2 GHz ...... 2000 200 vulnerable to high-intensity radiated 2 GHz–4 GHz ...... 3000 200 maximum torques without detrimental fields (HIRF) external to the airplane. 4 GHz–6 GHz ...... 3000 200 permanent deformation. For the rare- There is no specific regulation that 6 GHz–8 GHz ...... 1000 200 but-severe engine seizure events such as addresses requirements for protection of 8 GHz–12 GHz ...... 3000 300 loss of any fan, compressor, or turbine electrical and electronic systems from 12 GHz–18 GHz ...... 2000 200 blade, the proposed standard requires HIRF. Increased power levels from radio 18 GHz–40 GHz ...... 600 200 engine mounts and structures to support frequency transmitter and use of Field strengths are expressed in terms of maximum torques without failure, but sensitive avionics/electronics and peak root-mean-square (rms) values over the allows for some deformation in the electrical systems to command and complete modulation period. structure.

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The FAA concludes that modern large Comment on Special Conditions No. 5. 14 of the Code of Federal Regulations. engines, including those on the 787, are Design Roll Maneuver Requirement The following criteria must be used for novel and unusual compared to those Requested change: The commenter, showing compliance with these special envisioned when § 25.361(b)(1) was an individual, stated that the paragraph conditions for airplanes equipped with adopted and thus warrant special dealing with § 25.349(a) in the proposed flight control systems, autopilots, conditions. These special conditions special conditions is a little confusing. stability augmentation systems, load contain design criteria recommended by Paragraphs (c) and (d) of the proposed alleviation systems, flutter control ARAC. special conditions both refer to systems, fuel management systems, and other systems that either directly or as ‘‘paragraph (2)’’. But there are no 5. Design Roll Maneuver Requirement a result of failure or malfunction affect numbered paragraphs in proposed The 787 is equipped with an structural performance. If these special Special Conditions No. 5. The electronic flight control system that conditions are used for other systems, it commenter thought that the reference provides control of the aircraft through may be necessary to adapt the criteria to was to paragraph (2) of § 25.349(a), but pilot inputs to the flight computer. the specific system. Current part 25 airworthiness since § 25.349(a) is superseded by the (a) The criteria defined here address regulations account for ‘‘control laws,’’ special conditions, the commenter only direct structural consequences of for which aileron deflection is suggested that this may cause confusion. system responses and performances. proportional to control stick deflection. FAA response: The reference to They cannot be considered in isolation They do not address any nonlinearities 1 paragraph (2) in the proposed special but should be included in the overall or other effects on aileron actuation that conditions was an error and we thank safety evaluation of the airplane. They may be caused by electronic flight the commenter for pointing it out. The may in some instances duplicate controls. Therefore, the FAA considers reference should have been ‘‘paragraph standards already established for this the flight control system to be a novel (b).’’ We have revised the final special evaluation. These criteria are only and unusual feature compared to those conditions accordingly. Otherwise, all applicable to structure whose failure envisioned when current regulations special conditions are adopted as could prevent continued safe flight and were adopted. Since this type of system proposed. landing. Specific criteria defining may affect flight loads, and therefore the Applicability acceptable limits on handling characteristics or stability requirements structural capability of the airplane, As discussed above, these special when operating in the system degraded special conditions are needed to address conditions are applicable to the 787. or inoperative mode are not provided in these effects. Should Boeing apply at a later date for These special conditions differ from these special conditions. a change to the type certificate to current requirements in that they (b) Depending on the specific include another model on the same type require that the roll maneuver result characteristics of the airplane, certificate incorporating the same novel from defined movements of the cockpit additional studies may be required that or unusual design features, these special roll control as opposed to defined go beyond the criteria provided in these conditions would apply to that model as aileron deflections. Also, these special special conditions in order to well. conditions require an additional load demonstrate capability of the airplane to condition at design maneuvering speed Conclusion meet other realistic conditions such as alternative gust conditions or (VA), in which the cockpit roll control This action affects only certain novel maneuvers for an airplane equipped is returned to neutral following the or unusual design features of the 787. It with a load alleviation system. initial roll input. is not a rule of general applicability. These special conditions differ from (c) The following definitions are similar special conditions applied to List of Subjects in 14 CFR Part 25 applicable to these special conditions. (1) Structural performance: Capability previous designs. These special Aircraft, Aviation safety, Reporting of the airplane to meet the structural conditions are limited to the roll axis and recordkeeping requirements. only, whereas previous special requirements of part 25. I conditions also included pitch and yaw The authority citation for these (2) Flight limitations: Limitations that axes. Special conditions are no longer special conditions is as follows: can be applied to the airplane flight needed for the yaw axis because Authority: 49 U.S.C. 106(g), 40113, 44701, conditions following an in-flight failure § 25.351 was revised at Amendment 25– 44702, 44704. occurrence and that are included in the flight manual (speed limitations or 91 to take into account effects of an The Special Conditions electronic flight control system. No avoidance of severe weather conditions, I special conditions are needed for the Accordingly, pursuant to the authority for example). pitch axis because the applicant’s delegated to me by the Administrator, (3) Operational limitations: proposed method for the pitch the following special conditions are Limitations, including flight limitations, maneuver takes into account effects of issued as part of the type certification that can be applied to the airplane an electronic flight control system. basis for the Boeing Model 787–8 operating conditions before dispatch airplane. (fuel, payload, and master minimum Discussion of Comments equipment list limitations, for example). 1. Interaction of Systems and Structures Notice of Proposed Special (4) Probabilistic terms: Terms Conditions No. 25–06–15–SC for the The Boeing Model 787–8 airplane is (probable, improbable, extremely 787 was published in the Federal equipped with systems which affect the improbable) used in these special Register on March 12, 2007 (72 FR airplane’s structural performance either conditions which are the same as those 10941). Only one comment was received directly or as a result of failure or probabilistic terms used in § 25.1309. and it addressed proposed Special malfunction. The influence of these (5) Failure condition: Term that is the Conditions No. 5. systems and their failure conditions same as that used in § 25.1309. The term must be taken into account when failure condition in these special 1 A nonlinearity is a situation where output does showing compliance with requirements conditions, however, applies only to not change in the same proportion as input. of subparts C and D of part 25 of Title system failure conditions that affect

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structural performance of the airplane. special behavior of such a system or demonstrates that the airplane has Examples are system failure conditions associated functions or any effect on the design features that will not allow it to that induce loads, change the response structural performance of the airplane exceed those limit conditions. of the airplane to inputs such as gusts that may occur up to the limit loads. In (3) The airplane must meet the or pilot actions, or lower flutter margins. particular, any significant degree of aeroelastic stability requirements of Note: Although failure annunciation nonlinearity in rate of displacement of § 25.629. system reliability must be included in control surface or thresholds, or any (f) System in the failure condition. For probability calculations for paragraph (f) of other system nonlinearities, must be any system failure condition not shown these special conditions, there is no specific accounted for in a realistic or to be extremely improbable, the reliability requirement for the annunciation conservative way when deriving limit system required in paragraph (g) of the following apply: special conditions. loads from limit conditions. (1) Establishing loads at the time of (d) General. The following criteria (2) The airplane must meet the failure. Starting from 1-g level flight will be used in determining the strength requirements of part 25 for conditions, a realistic scenario, influence of a system and its failure static strength and residual strength, including pilot corrective actions, must conditions on the airplane structure. using the specified factors to derive be established to determine loads (e) System fully operative. With the ultimate loads from the limit loads occurring at the time of failure and system fully operative, the following defined above. The effect of immediately after failure. apply: nonlinearities must be investigated (i) For static strength substantiation, (1) Limit loads must be derived in all beyond limit conditions to ensure the these loads, multiplied by an normal operating configurations of the behavior of the system presents no appropriate factor of safety related to system from all the limit conditions anomaly compared to the behavior probability of occurrence of the failure, specified in subpart C of 14 CFR part 25 below limit conditions. However, are ultimate loads to be considered for (or used in lieu of those specified in conditions beyond limit conditions design. The factor of safety (FS) is subpart C), taking into account any need not be considered if the applicant defined in Figure 1.

(ii) For residual strength flight. For the continuation of flight of (E) The limit ground loading substantiation, the airplane must be able the airplane in the system failed state conditions specified in § 25.473 and to withstand two thirds of the ultimate and considering any appropriate § 25.491. loads defined in subparagraph (f)(1)(i) of reconfiguration and flight limitations, (ii) For static strength substantiation, these special conditions. for pressurized the following apply: each part of the structure must be able cabins, these loads must be combined (i) Loads derived from the following to withstand the loads in paragraph with the normal operating differential conditions (or used in lieu of the (f)(2)(i) of these special conditions pressure. following conditions) at speeds up to multiplied by a factor of safety (iii) Freedom from aeroelastic V /M , or the speed limitation depending on the probability of being in instability must be shown up to the c c prescribed for the remainder of the this failure state. The factor of safety is speeds defined in § 25.629(b)(2). for flight, must be determined: defined in Figure 2. failure conditions that result in speeds beyond design cruise speed or design (A) The limit symmetrical Figure 2 cruise mach number (Vc/Mc), freedom maneuvering conditions specified in Factor of Safety For Continuation of from aeroelastic instability must be § 25.331 and § 25.345. Flight shown to increased speeds, so that the (B) The limit gust and turbulence Qj=(Tj)(Pj) margins intended by § 25.629(b)(2) are conditions specified in § 25.341 and Where: maintained. § 25.345. Tj=Average time spent in failure condition j (iv) Failures of the system that result (C) The limit rolling conditions (in hours) in forced structural vibrations Pj=Probability of occurrence of failure mode (oscillatory failures) must not produce specified in § 25.349 and the limit j (per hour) unsymmetrical conditions specified in loads that could result in detrimental ¥3 § 25.367 and § 25.427(b) and (c). Note: If Pj is greater than 10 per flight deformation of primary structure. hour then a 1.5 factor of safety must be (2) Establishing loads in the system (D) The limit yaw maneuvering applied to all limit load conditions specified failed state for the continuation of the conditions specified in § 25.351. in subpart C—Structure, of 14 CFR part 25.

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(iii) for residual strength (v) Freedom from aeroelastic V″=Clearance speed as defined by substantiation, the airplane must be able instability must be shown up to a speed § 25.629(b)(1). to withstand two thirds of the ultimate determined from Figure 3. Flutter Qj=(Tj)(Pj) ′ ″ loads defined in paragraph (f)(2)(ii) of clearance speeds V and V may be Where: these special conditions. For based on the speed limitation specified pressurized cabins, these loads must be Tj=Average time spent in failure condition j for the remainder of the flight using the (in hours) combined with the normal operating margins defined by § 25.629(b). Pj=Probability of occurrence of failure mode differential pressure. (iv) If the loads induced by the failure Figure 3 j (per hour) ¥ condition have a significant effect on Clearance Speed Note: If Pj is greater than 10 3 per flight fatigue or damage tolerance then the hour, then the flutter clearance speed must effects of these loads must be taken into V′=Clearance speed as defined by not be less than V″. account. § 25.629(b)(2).

(vi) Freedom from aeroelastic mechanical and hydraulic components, dispatched in a known system failure instability must also be shown up to V′ may use special periodic inspections, condition that affects structural in Figure 3 above, for any probable and electronic components may use performance, or affects the reliability of system failure condition combined with daily checks, instead of detection and the remaining system to maintain any damage required or selected for indication systems to achieve the structural performance, then the investigation by § 25.571(b). objective of this requirement. Such provisions of these special conditions (3) Consideration of certain failure certification maintenance inspections or must be met, including the provisions of conditions may be required by other daily checks must be limited to paragraph (e) for the dispatched sections of 14 CFR part 25 regardless of components on which faults are not condition, and paragraph (f) for calculated system reliability. Where readily detectable by normal detection subsequent failures. Expected analysis shows the probability of these and indication systems and where operational limitations may be taken failure conditions to be less than 10¥9, service history shows that inspections into account in establishing Pj as the criteria other than those specified in this will provide an adequate level of safety. probability of failure occurrence for paragraph may be used for structural (2) The existence of any failure determining the safety margin in Figure substantiation to show continued safe condition, not extremely improbable, 1. Flight limitations and expected flight and landing. during flight that could significantly operational limitations may be taken (g) Failure indications. For system affect the structural capability of the into account in establishing Qj as the failure detection and indication, the airplane and for which the associated combined probability of being in the following apply. reduction in airworthiness can be dispatched failure condition and the (1) The system must be checked for minimized by suitable flight limitations, subsequent failure condition for the failure conditions, not extremely must be signaled to the flightcrew. For safety margins in Figures 2 and 3. These improbable, that degrade the structural example, failure conditions that result limitations must be such that the capability of the airplane below the in a factor of safety between the airplane probability of being in this combined level required by part 25 or significantly strength and the loads of subpart C failure state and then subsequently reduce the reliability of the remaining below 1.25, or flutter margins below V″, encountering limit load conditions is system. As far as reasonably practicable, must be signaled to the crew during extremely improbable. No reduction in the flightcrew must be made aware of flight. these safety margins is allowed if the these failures before flight. Certain (h) Dispatch with known failure subsequent system failure rate is greater elements of the control system, such as conditions. If the airplane is to be than 10¥3 per hour.

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2. Electronic Flight Control System: loads acting simultaneously with the assumed. The position of the cockpit Control Surface Awareness maximum limit torque loads imposed roll control must be maintained until a In addition to compliance with by each of the following: steady roll rate is achieved and then (1) Sudden engine deceleration due to §§ 25.143, 25.671, and 25.672, the must be returned suddenly to the a malfunction which could result in a following special conditions apply. neutral position. temporary loss of power or thrust. (a) The system design must ensure (c) At VC, the cockpit roll control (2) The maximum acceleration of the that the flightcrew is made suitably must be moved suddenly and engine. aware whenever the primary control maintained so as to achieve a roll rate (b) For auxiliary power unit not less than that obtained in paragraph means nears the limit of control installations, the power unit mounts authority. This indication should direct (b). and adjacent supporting airframe (d) At VD, the cockpit roll control the pilot to take appropriate action to structure must be designed to withstand avoid the unsafe condition in must be moved suddenly and 1g level flight loads acting maintained so as to achieve a roll rate accordance with appropriate airplane simultaneously with the maximum limit flight manual (AFM) instructions. not less than one third of that obtained torque loads imposed by each of the in paragraph (b). Depending on the application, suitable following: annunciations may include cockpit Issued in Renton, Washington, on July 18, (1) Sudden auxiliary power unit 2007. control position, annunciator light, or deceleration due to malfunction or Stephen P. Boyd, surface position indicators. structural failure. Furthermore, this requirement applies at (2) The maximum acceleration of the Acting Manager, Transport Airplane limits of control authority, not power unit. Directorate, Aircraft Certification Service. necessarily at limits of any individual (c) For engine supporting structure, an [FR Doc. 07–3689 Filed 7–27–07; 8:45 am] surface travel. ultimate loading condition must be BILLING CODE 4910–13–M (b) Suitability of such a display or considered that combines 1g flight loads alerting must take into account that with the transient dynamic loads some pilot-demanded maneuvers are resulting from each of the following: DEPARTMENT OF TRANSPORTATION necessarily associated with intended (1) Loss of any fan, compressor, or Federal Aviation Administration full performance, which may require turbine blade. full surface deflection. Therefore, (2) Where applicable to a specific 14 CFR Part 39 simple alerting systems, which would engine design, any other engine function in both intended or unexpected structural failure that results in higher [Docket No. FAA–2007–27359; Directorate control-limiting situations, must be loads. Identifier 2006–NM–042–AD; Amendment properly balanced between needed crew (d) The ultimate loads developed from 39–15136; AD 2007–15–07] awareness and nuisance factors. A the conditions specified in paragraphs RIN 2120–AA64 monitoring system which might (c)(1) and (c)(2) are to be multiplied by compare airplane motion, surface a factor of 1.0 when applied to engine Airworthiness Directives; Boeing deflection, and pilot demand could be mounts and pylons and multiplied by a Model 747–100, 747–100B, 747–200B, useful for eliminating nuisance alerting. factor of 1.25 when applied to adjacent 747–200C, 747–200F, 747–300, 747SR, 3. High Intensity Radiated Fields (HIRF) supporting airframe structure. and 747SP Series Airplanes Protection 5. Design Roll Maneuver Requirement AGENCY: Federal Aviation (a) Protection from Unwanted Effects In lieu of compliance to § 25.349(a), Administration (FAA), Department of of High-intensity Radiated fields. Each the Boeing Model 787–8 must comply Transportation (DOT). electrical and electronic system which with the following special conditions. ACTION: Final rule. performs critical functions must be The following conditions, speeds, and designed and installed to ensure that the cockpit roll control motions (except as SUMMARY: The FAA is adopting a new operation and operational capabilities of the motions may be limited by pilot airworthiness directive (AD) for certain these systems to perform critical effort) must be considered in Boeing Model 747–100, 747–100B, 747– functions are not adversely affected combination with an airplane load 200B, 747–200C, 747–200F, 747–300, when the airplane is exposed to high factor of zero and of two-thirds of the 747SR, and 747SP series airplanes. This intensity radiated fields external to the positive maneuvering factor used in AD requires repetitive high frequency airplane. design. In determining the resulting eddy current inspections for cracks of (b) For the purposes of these Special control surface deflections, the torsional the fuselage skin at stringer 5 left and Conditions, the following definition flexibility of the wing must be right between stations 340 and 350, and applies. Critical Functions: Functions considered in accordance with corrective actions if necessary. This AD whose failure would contribute to or § 25.301(b): results from reports of fatigue cracks in cause a failure condition that would (a) Conditions corresponding to the fuselage skin near stringer 5 between prevent continued safe flight and steady rolling velocities must be stations 340 and 350. We are issuing landing of the airplane. investigated. In addition, conditions this AD to detect and correct fatigue corresponding to maximum angular cracking of the fuselage skin near 4. Limit Engine Torque Loads for acceleration must be investigated for stringer 5. Cracks in this area could join Sudden Engine Stoppage airplanes with engines or other weight together and result in in-flight In lieu of § 25.361(b) the Boeing concentrations outboard of the fuselage. depressurization of the airplane. Model 787–8 must comply with the For the angular acceleration conditions, DATES: This AD becomes effective following special conditions. zero rolling velocity may be assumed in September 4, 2007. (a) For turbine engine installations, the absence of a rational time history The Director of the Federal Register the engine mounts, pylons, and adjacent investigation of the maneuver. approved the incorporation by reference supporting airframe structure must be (b) At VA, sudden movement of the of a certain publication listed in the AD designed to withstand 1g level flight cockpit roll control up the limit is as of September 4, 2007.

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ADDRESSES: You may examine the AD provided that the repair is removed and 39–6490 (55 FR 8374, March 7, 1990) on docket on the Internet at http:// replaced with the Boeing Service the repetitive inspection requirements dms.dot.gov or in person at the U.S. Bulletin 747–53–2272 modification of paragraph (f) of this AD. We have Department of Transportation, Docket prior to the threshold of AD 90–06–06.’’ moved the reference to AD 90–06–06 Operations, M–30, West Building (We referred to Service Bulletin 747– from paragraph (b) to new paragraph (g) Ground Floor, Room W12–140, 1200 53–2272, Revision 17, dated November of this AD, and reidentified existing New Jersey Avenue, SE., Washington, 18, 1999; and Revision 18, dated May paragraphs (g) and (h) of this AD DC. 16, 2002; as appropriate sources of accordingly. Contact Boeing Commercial service information for doing the Airplanes, P.O. Box 3707, Seattle, terminating action specified in Change Made to Paragraph (g) of the Washington 98124–2207, for service paragraph (g) of the NPRM.) UPS AD information identified in this AD. believes that this option is beneficial to We have changed paragraph (g) of the FOR FURTHER INFORMATION CONTACT: Ivan operators, in that it would allow AD to specify that the actions required Li, Aerospace Engineer, Airframe operators to effect repairs (if necessary) in that paragraph must be done in Branch, ANM–120S, FAA, Seattle in an expedient manner, and that this is accordance with a method approved by Aircraft Certification Office, 1601 Lind especially important given that the the Manager, Seattle Aircraft Avenue, SW., Renton, Washington proposed initial inspection compliance Certification Office, FAA, and that 98057–3356; telephone (425) 917–6437; time of 250 cycles may not be sufficient Boeing Service Bulletin 747–53–2272, fax (425) 917–6590. to allow accomplishing the initial Revision 18, dated May 16, 2002, and SUPPLEMENTARY INFORMATION: inspection in a normal C-check earlier revisions, are one approved environment. UPS believes that the method of compliance for doing the Examining the Docket NPRM should be re-formatted to more required actions. After the effective date You may examine the airworthiness clearly specify inspection, repair, and of this AD, no revision of Service directive (AD) docket on the Internet at terminating action requirements. Bulletin 747–53–2272 other than http://dms.dot.gov or in person at the Therefore, UPS requests that paragraph Revision 18 is acceptable as an Docket Operations office between 9 a.m. (f) be modified to include a standard approved method of compliance. and 5 p.m., Monday through Friday, repair per Boeing 747–100/200/300 Further, as described above, we have re- except Federal holidays. The Docket SRM 53–30–03 as an acceptable identified existing paragraph (g) as Operations office (telephone (800) 647– alternative for repairing the crack(s), for paragraph (h) of this AD. 5527) is located on the ground floor of airplanes which have not reached the incorporation threshold of AD 90–06–06 Clarification of Alternative Method of the West Building at the street address Compliance (AMOC) Paragraph stated in the ADDRESSES section. (20,000 flights is one incorporation threshold described by AD 90–06–06). We have revised this action to clarify Discussion The SRM repair would then be removed the appropriate procedure for notifying The FAA issued a notice of proposed and replaced by the permanent repair the principal inspector before using any rulemaking (NPRM) to amend 14 CFR per Service Bulletin 747–53–2272, approved AMOC on any airplane to part 39 to include an AD that would Revision 18 or earlier, prior to reaching which the AMOC applies. 20,000 total aircraft cycles (flights). apply to certain Boeing Model 747–100, Conclusion 747–100B, 747–200B, 747–200C, 747– Further, to clarify the inspection, repair 200F, 747–300, 747SR, and 747SP series and terminating action requirements, We have carefully reviewed the airplanes. That NPRM was published in UPS provides a revised paragraph (f) available data, including the comments the Federal Register on March 6, 2007 and suggests new paragraphs (g) and (h), received, and determined that air safety (72 FR 9877). That NPRM proposed to which would lead to re-identifying and the public interest require adopting require repetitive high frequency eddy subsequent existing paragraphs. the AD with the changes described current inspections for cracks of the We agree with UPS that the described previously. We have determined that fuselage skin at stringer 5 left and right SRM repair option is beneficial to these changes will neither increase the between stations 340 and 350, and operators and should be allowed. economic burden on any operator nor corrective actions if necessary. However, this option is already allowed. increase the scope of the AD. Paragraph (f) of the AD requires doing Costs of Compliance Comments applicable corrective actions in We provided the public the accordance with Boeing Alert Service There are about 281 airplanes of the opportunity to participate in the Bulletin 747–53A2542, dated February affected design in the worldwide fleet. development of this AD. We have 16, 2006. The corrective actions This AD will affect about 92 airplanes considered the comments received. described in the alert service bulletin of U.S. registry. The required inspection permit operators to choose the option of will take about 4 work hours per Support for the NPRM doing the SRM repair followed by airplane, at an average labor rate of $80 Boeing concurs with the NPRM. eventual replacement with the per work hour. Based on these figures, permanent repair described in Boeing the estimated cost of the inspection for Request for Alternative Method of Service Bulletin 747–53–2272, Revision U.S. operators is $29,440, or $320 per Repair 18, dated May 16, 2002. Therefore, we airplane, per inspection cycle. Air Transport Association (ATA) on have determined that the option For Group 2 airplanes (about 4 of U.S. behalf of its member United Parcel described by UPS is already available to registry), the mandatory terminating Service (UPS), requests that we allow the operators, and no change is needed action for the repetitive inspections will the use of an alternate method of repair. to the AD in this regard. take about 1,240 work hours, at an UPS notes that ‘‘Boeing Alert Service average labor rate of $80 per work hour. Bulletin 747–53A2542 allows operators Change Made to Paragraph (b) of the The manufacturer states that it will to install a repair in accordance with the AD supply required parts to the operators at Boeing 747–100/200/300 Structural We have revised this action to clarify no cost. Based on these figures, the Repair Manual (SRM) 53–30–03, the effects of AD 90–06–06, amendment estimated cost of the terminating action

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for U.S. operators is $396,800, or PART 39—AIRWORTHINESS times after the effective date of this AD. $99,200 per airplane. DIRECTIVES Installing external skin doublers around the left- or right-side Number 3 flight deck Authority for This Rulemaking I 1. The authority citation for part 39 windows in accordance with Boeing Service continues to read as follows: Bulletin 747–53–2272, Revision 18, or an Title 49 of the United States Code earlier revision, ends the repetitive high- specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. frequency eddy current (HFEC) inspections required by this paragraph on the side of the rules on aviation safety. Subtitle I, § 39.13 [Amended] Section 106, describes the authority of airplane on which the doublers are installed. the FAA Administrator. Subtitle VII, I 2. The Federal Aviation After the effective date of this AD, only Aviation Programs, describes in more Administration (FAA) amends § 39.13 Boeing Service Bulletin 747–53–2272, Revision 18, may be used to install the detail the scope of the Agency’s by adding the following new airworthiness directive (AD): external skin doublers around the left- and authority. right-side Number 3 flight deck windows. We are issuing this rulemaking under 2007–15–07 Boeing: Amendment 39–15136. (1) Do a HFEC inspection for cracks of the the authority described in Subtitle VII, Docket No. FAA–2007–27359; fuselage skin at stringer 5, between body Directorate Identifier 2006–NM–042-AD. Part A, Subpart III, Section 44701, stations 340 and 350; and do all applicable ‘‘General requirements.’’ Under that Effective Date corrective actions before further flight. (2) Repeat the HFEC inspection thereafter section, Congress charges the FAA with (a) This AD becomes effective September 4, at the applicable interval specified in promoting safe flight of civil aircraft in 2007. paragraph 1.E. of Boeing Alert Service air commerce by prescribing regulations Affected ADs Bulletin 747–53A2542, dated February 16, for practices, methods, and procedures 2006. the Administrator finds necessary for (b) Installing external skin doublers as required only for Group 2 airplanes by Credit for Actions of Alternative AD safety in air commerce. This regulation paragraph (h) of this AD, ends the repetitive is within the scope of that authority (g) For Group 1 airplanes only: External inspections of the fuselage skin required by skin doublers installed around the left- or because it addresses an unsafe condition paragraph (f) of AD 2005–08–01, amendment right-side Number 3 flight deck windows in that is likely to exist or develop on 39–14053, only for the area near the flight accordance with the requirements of AD 90– products identified in this rulemaking deck windows modified by the external skin 06–06, amendment 39–6490, end the action. doublers. repetitive HFEC inspections required by Applicability paragraph (f) of this AD on the side of the Regulatory Findings airplane on which the doublers are installed. (c) This AD applies to Boeing Model 747– We have determined that this AD will 100, 747–100B, 747–200B, 747–200C, 747– Terminating Action not have federalism implications under 200F, 747–300, 747SR, and 747SP series (h) For Group 2 airplanes only: Before Executive Order 13132. This AD will airplanes, certificated in any category; as accumulating 24,000 total flight cycles, or not have a substantial direct effect on identified in Boeing Alert Service Bulletin within 250 flight cycles after the effective the States, on the relationship between 747–53A2542, dated February 16, 2006. date of the AD, whichever occurs later, the national government and the States, Unsafe Condition install external skin doublers around the left- and right-side Number 3 flight deck or on the distribution of power and (d) This AD results from reports of fatigue responsibilities among the various windows; in accordance with a method cracks in the fuselage skin near stringer 5 approved by the Manager, Seattle Aircraft levels of government. between body stations 340 and 350. We are Certification Office (ACO), FAA. Boeing For the reasons discussed above, I issuing this AD to detect and correct fatigue Service Bulletin 747–53–2272, Revision 17, certify that this AD: cracking of the fuselage skin near stringer 5. dated November 18, 1999, and Revision 18, Cracks in this area could join together and (1) Is not a ‘‘significant regulatory dated May 16, 2002, describe one approved result in in-flight depressurization of the method of compliance for doing the required action’’ under Executive Order 12866; airplane. actions. After the effective date of this AD, (2) Is not a ‘‘significant rule’’ under Compliance only Revision 18 is acceptable as an DOT Regulatory Policies and Procedures approved method of compliance. (44 FR 11034, February 26, 1979); and (e) You are responsible for having the Accomplishing this action ends the repetitive actions required by this AD performed within inspections required by paragraph (f) of this (3) Will not have a significant the compliance times specified, unless the AD. economic impact, positive or negative, actions have already been done. Alternative Methods of Compliance on a substantial number of small entities Inspections and Corrective Actions under the criteria of the Regulatory (AMOCs) Flexibility Act. (f) For any airplane that has not had (i)(1) The Manager, Seattle Aircraft external skin doublers installed around the Certification Office (ACO), FAA, has the We prepared a regulatory evaluation left- or right-side Number 3 flight deck authority to approve AMOCs for this AD, if of the estimated costs to comply with window in accordance with Boeing Service requested in accordance with the procedures this AD and placed it in the AD docket. Bulletin 747–53–2272, Revision 18, dated found in 14 CFR 39.19. See the ADDRESSES section for a location May 16, 2002, or an earlier revision: Do the (2) To request a different method of to examine the regulatory evaluation. applicable actions described in paragraphs compliance or a different compliance time (f)(1) and (f)(2) of this AD. Do all the actions for this AD, follow the procedures in 14 CFR List of Subjects in 14 CFR Part 39 in and in accordance with the 39.19. Before using any approved AMOC on Accomplishment Instructions of Boeing Alert any airplane to which the AMOC applies, Air transportation, Aircraft, Aviation Service Bulletin 747–53A2542, dated notify your appropriate principal inspector safety, Incorporation by reference, February 16, 2006. Do the actions at the (PI) in the FAA Flight Standards District Safety. compliance times specified in paragraph 1.E., Office (FSDO), or lacking a PI, your local ‘‘Compliance,’’ of Boeing Alert Service FSDO. Adoption of the Amendment Bulletin 747–53A2542, dated February 16, (3) An AMOC that provides an acceptable 2006, on the side(s) of the airplane on which level of safety may be used for any repair I Accordingly, under the authority the doubler installation has not been done; required by this AD, if it is approved by an delegated to me by the Administrator, except where the service bulletin specifies Authorized Representative for the Boeing the FAA amends 14 CFR part 39 as compliance times after the date on the Commercial Airplanes Delegation Option follows: service bulletin, this AD requires compliance Authorization Organization who has been

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authorized by the Manager, Seattle ACO, to cannot rotate because of corrosion. In this Comments make those findings. For a repair method to condition, the joint cannot function as be approved, the repair must meet the designed and fatigue cracks may then We gave the public the opportunity to certification basis of the airplane, and the develop. Undetected cracks in this area could participate in developing this AD. We approval must specifically refer to this AD. lead to failure of the upper attachment fitting. have considered the comment received. Material Incorporated by Reference This could result in the failure of the wing Comment Issue: Allow a Dye-Penetrant structure with subsequent loss of control of Inspection (j) You must use Boeing Alert Service the airplane. Bulletin 747–53A2542, dated February 16, One commenter requested that we 2006, to perform the actions that are required We are issuing this AD to require allow a dye-penetrant inspection as an by this AD, unless the AD specifies actions to correct the unsafe condition option to the eddy current inspection. otherwise. The Director of the Federal on these products. Register approved the incorporation by Without specific procedures and reference of this document in accordance DATES: This AD becomes effective proposed intervals, the FAA is not able with 5 U.S.C. 552(a) and 1 CFR part 51. September 4, 2007. to approve dye-penetrant inspection as Contact Boeing Commercial Airplanes, P.O. an approved method for this AD. The Box 3707, Seattle, Washington 98124–2207, On September 4, 2007, the Director of European Aviation Safety Agency for a copy of this service information. You the Federal Register approved the (EASA), which is the Technical Agent may review copies at the FAA, Transport incorporation by reference of certain for the Member States of the European Airplane Directorate, 1601 Lind Avenue SW., publications listed in this AD. Community and Pilatus (the design Renton, Washington; or at the National Archives and Records Administration ADDRESSES: You may examine the AD organization approval holder) only (NARA). For information on the availability docket on the Internet at http:// approved using an eddy current of this material at NARA, call 202–741–6030, dms.dot.gov or in person at Document procedure for this inspection. Pilatus or go to: http://www.archives.gov/federal- Management Facility, U.S. Department has only established procedures to register/cfr/ibr-locations.html. of Transportation, Docket Operations, detect cracks in the affected areas using Issued in Renton, Washington, on July 15, M–30, West Building Ground Floor, the eddy current method. The FAA will 2007. Room W12–140, 1200 New Jersey not change the AD to allow for dye- Stephen P. Boyd, Avenue, SE., Washington, DC 20590. penetrant inspections in place of eddy Acting Manager, Transport Airplane current as called out for in the NPRM FOR FURTHER INFORMATION CONTACT: per the Pilatus service bulletin (SB) Directorate, Aircraft Certification Service. Doug Rudolph, Aerospace Engineer, [FR Doc. E7–14140 Filed 7–27–07; 8:45 am] without having specific procedures and FAA, Small Airplane Directorate, 901 intervals that we can coordinate with BILLING CODE 4910–13–P Locust, Room 301, Kansas City, EASA and Pilatus. An operator may Missouri 64106; telephone: (816) 329– propose these procedures and intervals 4059; fax: (816) 329–4090. DEPARTMENT OF TRANSPORTATION to the FAA using the alternative method SUPPLEMENTARY INFORMATION: of compliance (AMOC) process Federal Aviation Administration specified in 14 CFR 39.19 and the AD. Discussion The AMOC proposal must provide the 14 CFR Part 39 We issued a notice of proposed complete method of inspection that the operator believes will provide an [Docket No. FAA–2007–28157 Directorate rulemaking (NPRM) to amend 14 CFR Identifier 2007–CE–046–AD; Amendment part 39 to include an AD that would acceptable level of safety as that 39–15138; AD 2007–15–09] apply to the specified products. That proposed in the AD. The FAA will then coordinate the proposed AMOC with RIN 2120–AA64 NPRM was published in the Federal Register on May 30, 2007 (72 FR 29895). Pilatus and EASA to determine if the method provides an acceptable level of Airworthiness Directives; Pilatus That NPRM proposed to correct an unsafe condition for the specified safety. If so, an AMOC can be granted Aircraft Limited Model PC–6 Series for the FAA issued AD. Airplanes products. The MCAI states: We are making no changes to the final This Airworthiness Directive (AD) is AGENCY: rule AD action based on this comment. Federal Aviation prompted due to the discovery of cracks in Administration (FAA), Department of the upper wing strut fittings of some PC–6 Conclusion Transportation (DOT). aircraft. We reviewed the available data, ACTION: Final Rule. It is possible that the spherical bearing of the wing strut fittings installed in the including the comment received, and SUMMARY: We are adopting a new underwing can be loose in the fitting or determined that air safety and the airworthiness directive (AD) for the cannot rotate because of corrosion. In this public interest require adopting the AD products listed above. This AD results condition, the joint cannot function as as proposed. from mandatory continuing designed and fatigue cracks may then Differences Between this AD and the develop. Undetected cracks in this area could airworthiness information (MCAI) MCAI or Service Information issued by an aviation authority of lead to failure of upper the attachment fitting. another country to identify and correct This could result in the failure of the wing We have reviewed the MCAI and structure with subsequent loss of control of an unsafe condition on an aviation related service information and, in the airplane. general, agree with their substance. But product. The MCAI describes the unsafe In order to correct and monitor this condition as: we might have found it necessary to use situation, the present AD mandates a one different words from those in the MCAI time inspection of the wing strut fittings and This Airworthiness Directive (AD) is to ensure the AD is clear for U.S. prompted due to the discovery of cracks in replacement of damaged wing strut fittings the upper wing strut fittings of some PC–6 with new ones. This AD also requires operators and is enforceable. In making aircraft. examination of the spherical bearings these changes, we do not intend to differ It is possible that the spherical bearing of installed in the wing strut fittings and their substantively from the information the wing strut fittings installed in the replacement for bearings that do not pass the provided in the MCAI and related underwing can be loose in the fitting or examination criteria. service information.

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We might also have required different on a substantial number of small entities Subject actions in this AD from those in the under the criteria of the Regulatory (d) Air Transport Association of America MCAI in order to follow FAA policies. Flexibility Act. (ATA) Code 57: Wings. Any such differences are highlighted in We prepared a regulatory evaluation Reason a NOTE within the AD. of the estimated costs to comply with (e) The mandatory continuing Costs of Compliance this AD and placed it in the AD Docket. airworthiness information (MCAI) states: We estimate that this AD will affect Examining the AD Docket This Airworthiness Directive (AD) is 50 products of U.S. registry. We also prompted due to the discovery of cracks in You may examine the AD docket on estimate that it will take about 7 work- the upper wing strut fittings of some PC–6 the Internet at http://dms.dot.gov; or in hours per product to comply with basic aircraft. person at the Docket Management It is possible that the spherical bearing of requirements of this AD. The average Facility between 9 a.m. and 5 p.m., the wing strut fittings installed in the labor rate is $80 per work-hour. Based Monday through Friday, except Federal underwing can be loose in the fitting or on these figures, we estimate the cost of holidays. The AD docket contains the cannot rotate because of corrosion. In this this AD to the U.S. operators to be condition, the joint cannot function as NPRM, the regulatory evaluation, any $28,000 or $560 per product. designed and fatigue cracks may then comments received, and other In addition, we estimate that any develop. Undetected cracks in this area could information. The street address for the necessary follow-on actions would take lead to failure of the upper attachment fitting. Docket Office (telephone (800) 647– about 15 work-hours and require parts This could result in the failure of the wing 5527) is in the ADDRESSES section. structure with subsequent loss of control of costing $2,500, for a cost of $3,700 per Comments will be available in the AD the airplane. fitting or $7,400 per product if both docket shortly after receipt. In order to correct and monitor this fittings are replaced. We have no way of situation, the present AD mandates a one determining the number of products List of Subjects in 14 CFR Part 39 time inspection of the wing strut fittings and that may need these actions. replacement of damaged wing strut fittings Air transportation, Aircraft, Aviation with new ones. This AD also requires Authority for This Rulemaking safety, Incorporation by reference, examination of the spherical bearings Title 49 of the United States Code Safety. installed in the wing strut fittings and their replacement for bearings that do not pass the specifies the FAA’s authority to issue Adoption of the Amendment rules on aviation safety. Subtitle I, examination criteria. section 106, describes the authority of I Accordingly, under the authority Actions and Compliance the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, (f) Unless already done, do the following Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as actions: detail the scope of the Agency’s follows: (1) For MSN 2001 through MSN 2092: authority. Within the next 100 hours time-in-service We are issuing this rulemaking under PART 39—AIRWORTHINESS (TIS) on the upper wing strut fitting after the authority described in ‘‘Subtitle VII, DIRECTIVES September 4, 2007 (the effective date of this Part A, Subpart III, Section 44701: AD) or within 3 months after September 4, General requirements.’’ Under that I 1. The authority citation for part 39 2007 (the effective date of this AD), section, Congress charges the FAA with continues to read as follows: whichever occurs first, and repetitively promoting safe flight of civil aircraft in thereafter at intervals not to exceed 12 Authority: 49 U.S.C. 106(g), 40113, 44701. months, do the actions specified in paragraph air commerce by prescribing regulations § 39.13 [Amended] (f)(3) of this AD. for practices, methods, and procedures (2) For MSN 101 through MSN 951 do the the Administrator finds necessary for I 2. The FAA amends § 39.13 by adding following actions, as applicable: safety in air commerce. This regulation the following new AD: (i) If the upper wing strut fitting has less is within the scope of that authority than 3,500 hours TIS or has been installed for because it addresses an unsafe condition 2007–15–09 Pilatus Aircraft Limited: less than 84 months (7 years): Within the Amendment 39–15138; Docket No. next 1,000 hours TIS on the upper wing strut that is likely to exist or develop on FAA–2007–28157; Directorate Identifier products identified in this rulemaking fitting after September 4, 2007 (the effective 2007–CE–046–AD. date of this AD) or within 24 months after action. Effective Date September 4, 2007 (the effective date of this Regulatory Findings AD) without exceeding 3,600 hours TIS or 87 (a) This airworthiness directive (AD) months (7 years, 3 months), whichever We determined that this AD will not becomes effective September 4, 2007. occurs first, and repetitively thereafter at have federalism implications under Affected ADs intervals not to exceed 12 months, do the Executive Order 13132. This AD will actions specified in paragraph (f)(3) of this (b) None. not have a substantial direct effect on AD, or; the States, on the relationship between Applicability (ii) If the upper wing strut fitting has 3,500 or more hours TIS or has been installed for the national government and the States, (c) This AD applies to Models PC–6, PC– 84 months (7 years) or longer: Within the or on the distribution of power and 6–H1, PC–6–H2, PC–6/350, PC–6/350–H1, next 100 hours TIS on the upper wing strut PC–6/350–H2, PC–6/A, PC–6/A–H1, PC–6/ responsibilities among the various fitting after September 4, 2007 (the effective A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/B2– levels of government. date of this AD) or within 3 months after H2, PC–6/B2–H4, PC–6/C–H2, and PC–6/C1– For the reasons discussed above, I September 4, 2007 (the effective date of this H2 airplanes; manufacturer serial numbers certify this AD: AD), whichever occurs first, and repetitively (MSN) 101 through 951, and MSN 2001 (1) Is not a ‘‘significant regulatory thereafter at intervals not to exceed 12 through 2092; that are certificated in any months, do the actions specified in paragraph action’’ under Executive Order 12866; category. These airplanes are also identified (f)(3) of this AD. (2) Is not a ‘‘significant rule’’ under as Fairchild Republic Company PC–6 DOT Regulatory Policies and Procedures airplanes, Fairchild Industries PC–6 Note 1: If the TIS of the upper wing strut (44 FR 11034, February 26, 1979); and airplanes, Fairchild Heli Porter PC–6 fittings cannot be positively determined by a (3) Will not have a significant airplanes, or Fairchild-Hiller Corporation review in the airplane maintenance records, economic impact, positive or negative, PC–6 airplanes. then by default the upper wing strut fittings

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were installed from the date of original (2) Airworthy Product: For any DEPARTMENT OF TRANSPORTATION Certificate of Airworthiness. requirement in this AD to obtain corrective (3) Do the following at the times specified actions from a manufacturer or other source, Federal Aviation Administration in paragraph (f)(1) or (f)(2) of this AD: use these actions if they are FAA-approved. (i) Perform a visual and non-destructive Corrective actions are considered FAA- 14 CFR Part 39 inspection of the upper wing strut fittings for approved if they are approved by the State [Docket No. FAA–2006–26441; Directorate cracks following the Accomplishment of Design Authority (or their delegated Instructions in Pilatus Aircraft Ltd. Service Identifier 2006–NM–204–AD; Amendment agent). You are required to assure the product 39–15139; AD 2007–15–10] Bulletin No. 57–004, dated April 16, 2007. is airworthy before it is returned to service. (ii) Examine for conformity the spherical (3) Reporting Requirements: For any RIN 2120–AA64 bearings following the Accomplishment reporting requirement in this AD, under the Instructions in Pilatus Aircraft Ltd. Service provisions of the Paperwork Reduction Act Airworthiness Directives; Boeing Bulletin No. 57–004, dated April 16, 2007. Model 747 Airplanes (4) If during any inspection required by (44 U.S.C. 3501 et. seq.), the Office of paragraph (f)(3)(i) of this AD cracks are found Management and Budget (OMB) has AGENCY: Federal Aviation in the upper wing strut fitting, before further approved the information collection Administration (FAA), Department of flight replace the wing strut fitting with a requirements and has assigned OMB Control Transportation (DOT). new part number (P/N) 111.35.06.185 (left Number 2120 0056. ACTION: side) or P/N 111.35.06.186 (right side) Final rule. Related Information following the Accomplishment Instructions SUMMARY: The FAA is adopting a new in Pilatus Aircraft Ltd. Service Bulletin No. (h) Refer to MCAI European Aviation 57–004, dated April 16, 2007. Replacement of airworthiness directive (AD) for all Safety Agency (EASA) AD No: 2007–0114, the upper wing strut fitting does not Boeing Model 747 airplanes. This AD dated May 02, 2007; and Pilatus Aircraft Ltd. terminate the repetitive inspection specified requires an inspection of the No. 2 and in paragraph (f)(3) of this AD. Service Bulletin No. 57–004, dated April 16, No. 3 windows on the left and right (5) If during any inspection required by 2007, for related information. sides of the airplane to determine their paragraph (f)(3)(ii) of this AD the spherical Material Incorporated by Reference part numbers, and related investigative bearing is found not in conformity, before and corrective actions if necessary. This further flight replace the bearing with a new (i) You must use Pilatus Aircraft Ltd. AD results from loss of a No. 3 window P/N 944.61.00.109 following the Service Bulletin No. 57–004, dated April 16, in-flight. We are issuing this AD to Accomplishment Instructions in Pilatus 2007, to do the actions required by this AD, detect and correct cracking in the fail- Aircraft Ltd. Service Bulletin No. 57–004, unless the AD specifies otherwise. dated April 16, 2007. Replacement of the safe interlayer of certain No. 2 and No. (1) The Director of the Federal Register spherical bearing does not terminate the 3 glass windows, which could result in repetitive inspection specified in paragraph approved the incorporation by reference of loss of the window and consequent (f)(3) of this AD. this service information under 5 U.S.C. rapid loss of cabin pressure. Loss of the (6) Report to Pilatus Aircraft Ltd. Customer 552(a) and 1 CFR part 51. window could also result in crew Liason Manager results of the inspection/ (2) For service information identified in communication difficulties or examination using Table 1 of Pilatus Aircraft this AD, contact Pilatus Aircraft Ltd., incapacitation of the crew. Ltd. Service Bulletin No. 57–004, dated April Customer Liaison Manager, CH–6371 DATES: This AD becomes effective 16, 2007. STANS, Switzerland; telephone: +41 (0)41 September 4, 2007. 619 6580; fax: +41 (0)41 619 6576; e-mail: FAA AD Differences The Director of the Federal Register [email protected]. approved the incorporation by reference (3) You may review copies at the FAA, Note 2: This AD differs from the MCAI of a certain publication listed in the AD and/or service information as follows: Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, as of September 4, 2007. (1) The FAA AD is requiring repetitive Missouri 64106; or at the National Archives ADDRESSES: You may examine the AD inspections and reporting results to the and Records Administration (NARA). For docket on the Internet at http:// manufacturer, not just a one-time inspection dms.dot.gov or in person at the U.S. and report as required in the MCAI. information on the availability of this (2) The Service Bulletin specifies material at NARA, call 202–741–6030, or go Department of Transportation, Docket ‘‘subsequent inspections for cracks will be to: http://www.archives.gov/federal-register/ Operations, M–30, West Building included in Chapter 5 of the Aircraft cfr/ibr-locations.html. Ground Floor, Room W12–140, 1200 Maintenance Manual (AMM).’’ The only way New Jersey Avenue, SE., Washington, Issued in Kansas City, Missouri, on July 19, we (FAA) can mandate these repetitive DC. 2007. inspections is through an AD. Contact Boeing Commercial Kim Smith, Other FAA AD Provisions Airplanes, P.O. Box 3707, Seattle, Manager, Small Airplane Directorate, Aircraft Washington 98124–2207, for service (g) The following provisions also apply to Certification Service. information identified in this AD. this AD: [FR Doc. E7–14428 Filed 7–27–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, BILLING CODE 4910–13–P Steve Fox, Aerospace Engineer, FAA, has the authority to approve AMOCs Airframe Branch, ANM–120S, FAA, for this AD, if requested using the procedures Seattle Aircraft Certification Office, found in 14 CFR 39.19. Send information to 1601 Lind Avenue, SW., Renton, ATTN: Doug Rudolph, Aerospace Engineer, Washington 98057–3356; telephone FAA, Small Airplane Directorate, 901 Locust, (425) 917–6425; fax (425) 917–6590. Room 301, Kansas City, Missouri 64106; SUPPLEMENTARY INFORMATION: telephone: (816) 329–4059; fax: (816) 329– 4090. Before using any approved AMOC on Examining the Docket any airplane to which the AMOC applies, notify your appropriate principal inspector You may examine the airworthiness (PI) in the FAA Flight Standards District directive (AD) docket on the Internet at Office (FSDO), or lacking a PI, your local http://dms.dot.gov or in person at the FSDO. Docket Operations office between 9 a.m.

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and 5 p.m., Monday through Friday, Request To Include Terminating Action Boeing Alert Service Bulletin 747– except Federal holidays. The Docket GKN Aerospace states that it 56A2012, dated August 24, 2006, should Operations office (telephone (800) 647– manufactures some of the affected be revised as follows: • For part numbers (P/Ns) 65B27042- 5527) is located on the ground floor of windows identified in Boeing Alert ( ) and 65B27043-( ), the initial the West Building at the street address Service Bulletin 747–56A2012, dated inspection should be extended from stated in the ADDRESSES section. August 24, 2006. GKN Aerospace states 5,500 flight hours to 9,000 flight hours. Discussion that it is concerned about the potential • For P/Ns 65B27046-( ) and The FAA issued a notice of proposed removal rates of in-service airplanes to 65B27047-( ), the initial inspection rulemaking (NPRM) to amend 14 CFR address the unsafe condition; therefore, should be reduced from 22,000 flight part 39 to include an AD that would it is working to certify an improved hours to 15,000 flight hours, and the apply to all Boeing Model 747 airplanes. window design that incorporates a new, repetitive interval should be reduced That NPRM was published in the improved interlayer, which is less from 7,500 flight hours to 3,000 flight Federal Register on December 8, 2006 susceptible to the cracking experienced hours (to match the repetitive interval (71 FR 71099). That NPRM proposed to with the existing windows. We infer the for P/Ns 65B27042-( ) and 65B27043-( )). require an inspection of the No. 2 and commenter would like us to include a British Airways asserts that, based on No. 3 windows on the left and right terminating action in this AD. its experience, the longer compliance sides of the airplane to determine their We agree that improving the window times for P/Ns 65B27046-( ) and part numbers, and related investigative design to prevent cracking is a 65B27047-( ), are not justified. British and corrective actions if necessary. preferable solution than requiring long- Airways also asserts that requiring term repetitive inspections. In the different repetitive intervals for different Comments preamble of the NPRM, we stated that windows does not make sense since We provided the public the we considered this action to be an many airlines use a mix of windows on opportunity to participate in the interim action. When a final action is their airplanes. development of this AD. We have identified, we may consider further We acknowledge British Airways’ considered the comments received. rulemaking. We have not changed this comments but disagree with revising the AD in this regard. compliance times as proposed by the Support for the NPRM commenter. In developing the Request To Skip Inspection To compliance time for this AD action, we Boeing supports the NPRM, and Determine Part Number British Airways supports the intent of considered not only the safety the NPRM. Boeing Aerospace Operations implications of the identified unsafe Engineering and Logistics Services condition, but the recommendations of Request To Extend Grace Period requests that we allow operators to skip the manufacturer, known service Qantas Airways states that the the window identification procedure experience, average utilization rate of compliance times given in calendar time and accomplish the rest of the service the affected fleet, and the availability of (units of years) in Tables 1, 2, and 3 of bulletin as though the part number required parts. British Airways refers to Boeing Alert Service Bulletin 747– could not be identified. The commenter its service experience but does not 56A2012, dated August 24, 2006, are not states that since some airplanes are provide any data to support its relevant for windows installed after the equipped with unique No. 2 and No. 3 comment. We invite British Airways to issue date of the service bulletin. As an windows, the window identification submit, to Boeing, any data it has that example, the commenter states that a cannot be accomplished according to supports its comments related to window installed on an airplane 5 years Part 1 of the Boeing Alert Service changing certain compliance times. We from now will have already surpassed Bulletin 747–56A2012, dated August 24, would consider further rulemaking the compliance time at the time of 2006, or the replacement according to should such data support changing the installation. Qantas Airways, therefore, Part 2, step 4 of the service bulletin. compliance times of this AD. To further requests that the calendar times in We do not agree to delete the delay this AD would be inappropriate Tables 1, 2, and 3 of the service bulletin inspection to determine the part considering the need to correct a known be revised as follows: ‘‘Within 2 (or 3) numbers of the windows. Operators safety problem in a timely manner. years after the date on this service who inspect and determine that the Further, operators are always permitted bulletin, or after the window was affected windows are not installed on an to accomplish the requirements of an installed, whichever occurs last.’’ airplane are not required to accomplish AD at an earlier time than the required Qantas Airways asserts that this change the related investigative and corrective compliance time; therefore, an operator will ensure that the inspection of newly actions. Therefore, accomplishing the may choose to inspect P/Ns 65B27046- installed windows is controlled by inspection to determine the window ( ) and 65B27047-( ) at repetitive calendar and flight-hour constraints. part numbers may relieve some intervals of 3,000 flight hours. We have We agree to clarify the compliance operators of the on-condition determined that the compliance times time for newly installed windows. If a requirements. However, under the recommended in the service bulletin are discrepant window is replaced with a provisions of paragraph (h) of this AD, appropriate for addressing the unsafe new window, then the initial detailed we may consider requests for approval condition and we have not changed this inspection of the new window must be of an alternative method of compliance AD in this regard. accomplished within either 5,500 or (AMOC) if sufficient data are submitted 22,000 flight hours after installing the to substantiate that such a design Request To Delete Grace Period window, depending on the window part change would provide an acceptable British Airways states that the grace number. The inspection must be level of safety. We have not changed period of 1,000 flight hours after the repeated at the interval stated in Table this AD in this regard. date on the service bulletin is obsolete, 2 or 3, as applicable, of the Boeing since this time period will have been service bulletin. We have revised Request To Revise Compliance Times exceeded by the time we issued an AD. paragraph (g) of this AD to clarify the British Airways states that the We infer that the commenter would like compliance time. compliance times in Tables 2 and 3 of us to delete the grace period from Tables

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2 and 3 of Boeing Alert Service Bulletin airplane and to ensure that the airplane estimated cost of the AD for U.S. 747–56A2012, dated August 24, 2006. is operated in an airworthy condition, as operators is $48,960, or $320 per We disagree with deleting the grace required by the Federal Aviation airplane. period. We would like to point out that Regulations. Furthermore, we do not The detailed inspection, if necessary, in paragraph (g) of the NPRM, which is consider it appropriate to attribute the takes about 1 work hour per airplane, at retained in this AD, we stated that the costs associated with aircraft ‘‘down an average labor rate of $80 per work compliance times given in the service time’’ to the AD. Also, we have hour. Based on these figures, the bulletin are to be counted from the determined the cost of compliance from estimated cost of the detailed inspection effective date of this AD, not from the information contained in the for U.S. operators is $80 per airplane, date on the service bulletin. We have manufacturer’s service information. We per inspection cycle, if necessary. not changed this AD in this regard. recognize that individual operators Authority for This Rulemaking Request To Rephrase Compliance Time might incur costs less than or more than our estimate. It is impossible to estimate Title 49 of the United States Code British Airways requests that we such individual variations. We have not specifies the FAA’s authority to issue delete the word ‘‘or’’ where the service changed this AD in this regard. rules on aviation safety. Subtitle I, bulletin compliance times are restated Section 106, describes the authority of Request To Revise Service Bulletin in the ‘‘Relevant Service Information’’ the FAA Administrator. Subtitle VII, section of the NPRM. As justification, British Airways submitted several Aviation Programs, describes in more the commenter states that using the comments on the accuracy and clarity of detail the scope of the Agency’s word ‘‘or’’ gives an operator the choice Boeing Alert Service Bulletin 747– authority. of choosing between two compliance 56A2012, dated August 24, 2006. We We are issuing this rulemaking under times. infer that the commenter would like us the authority described in Subtitle VII, We disagree with revising this AD, delay issuance of the AD until the Part A, Subpart III, Section 44701, since the ‘‘Relevant Service service bulletin is revised to incorporate ‘‘General requirements.’’ Under that Information’’ section is not retained in its comments. section, Congress charges the FAA with a final rule. We have reviewed the We acknowledge the value of the promoting safe flight of civil aircraft in NPRM and find that the wording used information submitted by the air commerce by prescribing regulations throughout the NPRM is consistent with commenter. British Airways’ comments for practices, methods, and procedures the service bulletin. Further, where we will be of benefit to any future revisions the Administrator finds necessary for restated the service bulletin compliance of the service bulletin. In this case, safety in air commerce. This regulation times in the NPRM, the lead-in however, the service bulletin is is within the scope of that authority statements clearly specify doing the acceptable for ensuring that the unsafe because it addresses an unsafe condition proposed actions at the earlier of the condition is addressed. Therefore, we that is likely to exist or develop on compliance times; therefore, the do not agree to delay this action until products identified in this rulemaking compliance time cannot be chosen at an the service bulletin has been revised. To action. operator’s discretion. We have not do so would be inappropriate, since we changed this AD in this regard. have determined that an unsafe Regulatory Findings Request To Revise Costs of Compliance condition exists, and that inspections We have determined that this AD will must be conducted to ensure continued not have federalism implications under • British Airways requests that we safety. We have not changed this AD in Executive Order 13132. This AD will make the following changes to the this regard. not have a substantial direct effect on ‘‘Costs of Compliance’’ section: • Add the cost of replacing a cracked Clarification of AMOC Paragraph the States, on the relationship between window. The commenter states that the the national government and the States, We have revised this action to clarify or on the distribution of power and ‘‘Costs of Compliance’’ section is wrong the appropriate procedure for notifying because it does not estimate the cost of responsibilities among the various the principal inspector before using any levels of government. replacing a cracked window. approved AMOC on any airplane to For the reasons discussed above, I • Include the cost of having to which the AMOC applies. remove an airplane from service 40% certify that this AD: more frequently to accomplish the Conclusion (1) Is not a ‘‘significant regulatory repetitive actions. We have carefully reviewed the action’’ under Executive Order 12866; • Revise the estimated work hours. available data, including the comments (2) Is not a ‘‘significant rule’’ under The commenter asserts that it should received, and determined that air safety DOT Regulatory Policies and Procedures take 1⁄2 hour to inspect a window to and the public interest require adopting (44 FR 11034, February 26, 1979); and determine its part number, and that the the AD with the change described (3) Will not have a significant inspection for cracks would require 2 previously. We have determined that economic impact, positive or negative, people and would take 1 hour. this change will neither increase the on a substantial number of small entities We do not agree to revise the ‘‘Cost of economic burden on any operator nor under the criteria of the Regulatory Compliance’’ section as the commenter increase the scope of the AD. Flexibility Act. proposes. The economic analysis of an We prepared a regulatory evaluation AD is limited to the cost of actions that Costs of Compliance of the estimated costs to comply with are actually required. The economic There are about 949 airplanes of the this AD and placed it in the AD docket. analysis does not consider the costs of affected design in the worldwide fleet. See the ADDRESSES section for a location conditional actions, such as repairing a This AD affects about 153 airplanes of to examine the regulatory evaluation. crack detected during a required U.S. registry. The required inspection to inspection (‘‘repair, if necessary’’). Such determine the window part numbers List of Subjects in 14 CFR Part 39 conditional repairs would be required— takes about 4 work hours per airplane, Air transportation, Aircraft, Aviation regardless of AD direction—to correct at an average labor rate of $80 per work safety, Incorporation by reference, an unsafe condition identified in an hour. Based on these figures, the Safety.

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Adoption of the Amendment Exceptions to Compliance Times DEPARTMENT OF THE TREASURY I (g) Where Tables 1, 2, and 3 of paragraph Accordingly, under the authority Internal Revenue Service delegated to me by the Administrator, 1.E. of Boeing Alert Service Bulletin 747– 56A2012, dated August 24, 2006, specify the FAA amends 14 CFR part 39 as 26 CFR Part 1 follows: counting the compliance time from ‘‘. . . after the date on this service bulletin,’’ this AD [TD 9336] PART 39—AIRWORTHINESS requires counting the compliance time from RIN 1545–BF82 DIRECTIVES the effective date of this AD. After replacing a discrepant window with a new window, do Return Required by Subchapter T I 1. The authority citation for part 39 the initial detailed inspection of the new Cooperatives Under Section 6012 continues to read as follows: window at the applicable compliance time: Authority: 49 U.S.C. 106(g), 40113, 44701. (1) within 5,500 flight cycles after installing AGENCY: Internal Revenue Service (IRS), part number (P/N) 65B27042–( ) or Treasury. § 39.13 [Amended] 65B27043–( ), or (2) within 22,000 flight ACTION: Final regulations. I 2. The Federal Aviation cycles after installing P/N 65B27046–( ) or Administration (FAA) amends § 39.13 65B27047–( ). SUMMARY: This document contains final by adding the following new regulations that prescribe the form that airworthiness directive (AD): Alternative Methods of Compliance (AMOCs) cooperatives must use to file their 2007–15–10 Boeing: Amendment 39–15139. income tax returns. The regulations Docket No. FAA–2006–26441; (h)(1) The Manager, Seattle Aircraft affect all cooperatives that are currently Directorate Identifier 2006–NM–204–AD. Certification Office, FAA, has the authority to required to file an income tax return on approve AMOCs for this AD, if requested in Effective Date either Form 1120, ‘‘U.S. Corporation accordance with the procedures found in 14 Income Tax Return,’’ or Form 990–C, (a) This AD becomes effective September 4, CFR 39.19. 2007. ‘‘Farmers’ Cooperative Association (2) To request a different method of Income Tax Return.’’ The new form will compliance or a different compliance time Affected ADs help the IRS to properly identify for this AD, follow the procedures in 14 CFR (b) None. cooperatives and differentiate between 39.19. Before using any approved AMOC on cooperatives that must file returns Applicability any airplane to which the AMOC applies, within 21⁄2 months of the end of the (c) This AD applies to all Boeing Model notify your appropriate principal inspector 747–100, 747–100B, 747–100B SUD, 747– taxable year and those that must file (PI) in the FAA Flight Standards District 1 200B, 747–200C, 747–200F, 747–300, 747– Office (FSDO), or lacking a PI, your local within 8 ⁄2 months of the end of the 400, 747–400D, 747–400F, 747SR, and 747SP FSDO. taxable year. series airplanes, certificated in any category. DATES: Effective date: July 30, 2007. Material Incorporated by Reference Unsafe Condition Applicability date: These regulations (d) This AD results from loss of a No. 3 (i) You must use Boeing Alert Service apply to returns for taxable years ending window in-flight. We are issuing this AD to Bulletin 747–56A2012, dated August 24, on or after December 31, 2007. In detect and correct cracking in the fail-safe 2006, to perform the actions that are required addition, taxpayers may rely on the interlayer of certain No. 2 and No. 3 glass by this AD, unless the AD specifies regulations in filing returns for taxable windows, which could result in loss of the otherwise. The Director of the Federal years ending on or after December 31, window and consequent rapid loss of cabin Register approved the incorporation by 2006, and before December 31, 2007. pressure. Loss of the window could also reference of this document in accordance FOR FURTHER INFORMATION CONTACT: result in crew communication difficulties or with 5 U.S.C. 552(a) and 1 CFR part 51. incapacitation of the crew. Matthew P. Howard, (202) 622–4910 Contact Boeing Commercial Airplanes, P.O. (not a toll-free number). Compliance Box 3707, Seattle, Washington 98124–2207, SUPPLEMENTARY INFORMATION: (e) You are responsible for having the for a copy of this service information. You actions required by this AD performed within may review copies at the FAA, Transport Background the compliance times specified, unless the Airplane Directorate, 1601 Lind Avenue SW., Under existing regulations, all actions have already been done. Renton, Washington; or at the National cooperatives to which subchapter T Inspection, Related Investigative Actions, Archives and Records Administration applies (Subchapter T cooperatives) are and Corrective Action (NARA). For information on the availability required to make income tax returns. of this material at NARA, call 202–741–6030, (f) Inspect the No. 2 and No. 3 windows Except in the case of farmers’ or go to: http://www.archives.gov/federal- on the left and right sides of the airplane to cooperatives, the regulations require register/cfr/ibr-locations.html. determine their part numbers, and do all the that the return be made on Form 1120. applicable related investigative and Issued in Renton, Washington, on July 18, In the case of farmers’ cooperatives, the corrective actions, by accomplishing all of 2007. regulations require that the return be the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin Stephen P. Boyd, made on Form 990–C. 747–56A2012, dated August 24, 2006, as Acting Manager, Transport Airplane Most taxpayers required to make an applicable. Do all of these actions at the Directorate, Aircraft Certification Service. income tax return on Form 1120 must compliance times specified in Tables 1, 2, [FR Doc. E7–14426 Filed 7–27–07; 8:45 am] file their return on or before the 15th and 3 of paragraph 1.E. of the service day of the third month following the BILLING CODE 4910–13–P bulletin, as applicable, except as provided by close of the taxpayer’s taxable year (21⁄2 paragraph (g) of this AD. A review of airplane month deadline). Some Subchapter T maintenance records is acceptable in lieu of cooperatives that make their returns on the inspection if the part numbers of the Form 1120 are required to file by the 21⁄2 windows can be conclusively determined from that review. Repeat the related month deadline, but others are not investigative and corrective actions thereafter required to file their returns until the at the interval specified in Table 2 or 3 of the 15th day of the ninth month following service bulletin, as applicable. the close of the taxpayer’s taxable year

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(81⁄2 month deadline). Because the Form end of 2006, the final regulations delay organization described in section 1381 1120 does not distinguish between the proposed effective date. The final (including a farmers’ cooperative Subchapter T cooperatives that must file regulations apply beginning with the exempt from tax under section 521) is by the 21⁄2 month deadline and those first taxable year ending on or after required to make a return, whether or that must file by the 81⁄2 month December 31, 2007. Cooperatives may not it has taxable income and regardless deadline, the IRS has difficulty rely on the regulations as proposed, of the amount of its gross income, on determining which filing deadline however, and file returns on Form Form 1120–C, ‘‘U.S. Income Tax Return applies and deciding whether to assert 1120–C for taxable years ending on or for Cooperative Associations,’’ or such delinquency and failure to pay penalties after December 31, 2006, and before other form as may be designated by the in the case of returns filed after the 21⁄2 December 31, 2007. Commissioner. month deadline. (2) Farmers’ cooperatives. For taxable Effect on Other Documents The Proposed Regulations years ending before December 31, 2007, The following publications are a farmers’ cooperative organization On July 29, 2005, a notice of proposed removed as of July 30, 2007: described in section 521(b)(1) (including rulemaking was published in the Announcement 84–26, 1984–11 IRB 42. a farmers’ cooperative that is not exempt Federal Register (REG–149436–04, 70 Announcement 84–37, 1984–17 IRB 32. from tax under section 521) is required FR 43811). The proposed regulations in Special Analyses to make a return on Form 990–C, this notice of proposed rulemaking ‘‘Farmers’ Cooperative Association would require all Subchapter T It has been determined that this Income Tax Return.’’ cooperatives to make their income tax Treasury decision is not a significant (3) Effective/applicability date. This returns on Form 1120-C, ‘‘U.S. Income regulatory action as defined in paragraph (f) is applicable on or after Tax Return for Cooperative Executive Order 12866. Therefore, a July 30, 2007. Associations,’’ or such other form as regulatory assessment is not required. It * * * * * may be designated by the also has been determined that section Commissioner. 553(b) of the Administrative Procedure Kevin M. Brown, One telephone comment was received Act (5 U.S.C. chapter 5) does not apply Deputy Commissioner of Services and in response to the notice of proposed to these regulations, and because the Enforcement. rulemaking. The comment suggested regulation does not impose a collection Approved: June 27, 2007. that the new form might have a negative of information on small entities, the Eric Solomon, effect on consolidated filing. No public Regulatory Flexibility Act (5 U.S.C. Assistant Secretary of the Treasury (Tax hearing was requested or held. chapter 6) does not apply. Pursuant to Policy). Explanation of Provisions section 7805(f) of the Code, the notice [FR Doc. E7–13489 Filed 7–27–07; 8:45 am] of proposed rulemaking preceding this BILLING CODE 4830–01–P After consideration of the comment, regulation was submitted to the Chief the proposed regulations are adopted as Counsel for Advocacy of the Small revised by this Treasury decision. The Business Administration for comment DEPARTMENT OF THE TREASURY final regulations retain the requirement on its impact on small businesses. that Subchapter T cooperatives file their Internal Revenue Service returns on Form 1120–C. The Drafting Information information that Subchapter T The principal author of these 26 CFR Part 1 cooperatives will be required to provide regulations is Matthew P. Howard, on new Form 1120–C will assist Office of Assistant Chief Counsel [TD 9345] taxpayers and the IRS in determining (Procedure & Administration). RIN 1545–BA93 the appropriate filing deadline. Having List of Subjects in 26 CFR Part 1 that information will reduce the burden Section 1248 Attribution Principles on taxpayers and will help the IRS Income taxes, Reporting and avoid asserting penalties in recordkeeping requirements. AGENCY: Internal Revenue Service (IRS), inappropriate cases. Having all Treasury. Adoption of Amendments to the Subchapter T cooperatives make their Regulations ACTION: Final regulations. income tax returns on Form 1120–C will also eliminate confusion over which I Accordingly, 26 CFR part 1 is SUMMARY: This document contains final form to file and will promote efficiency amended as follows: regulations under section 1248 of the in addressing income tax issues Internal Revenue Code (Code) that common to Subchapter T cooperatives. PART 1—INCOME TAXES provide guidance for determining the earnings and profits attributable to stock The IRS and Treasury Department I Paragraph 1. The authority citation of controlled foreign corporations (or believe that this requirement will not for part 1 continues to read, in part, as former controlled foreign corporations) have a negative effect on consolidated follows: filing. Subchapter T cooperatives may that are (were) involved in certain continue to file returns on behalf of Authority: 26 U.S.C. 7805 * * * nonrecognition transactions. The final consolidated groups by indicating their I Par. 2. Section 1.6012–2 is amended regulations are necessary in order to filing status on Form 1120–C and by revising paragraph (f) to read as supplement and clarify existing complying with the regulations under follows: guidance in the regulations under section 1502 of the Internal Revenue section 1248. The final regulations affect Code (Code). § 1.6012–2 Corporations required to make persons subject to the regulations under This requirement to use Form 1120– returns of income. section 1248, as well as persons to C was proposed to be effective for * * * * * which regulations under other Code taxable years ending on or after (f) Subchapter T cooperatives—(1) In provisions, such as section 367(b), apply December 31, 2006. Because the general. For taxable years ending on or to the extent that those regulations regulations were not finalized before the after December 31, 2007, a cooperative incorporate the principles of the section

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1248 regulations. In addition, the final preamble to the proposed regulations is either section 953(c)(1)(B) or section regulations provide that with respect to included in § 1.1248–8(b)(4) of the final 957. the sale by a foreign partnership of the regulations. A commentator requested the stock of a corporation, the partners in Under § 1.1248–1(a)(4) of the addition of an example to § 1.367(b)– such foreign partnership shall be treated proposed regulations, the partners in a 4(d) to clarify that earnings and profits as selling or exchanging their foreign partnership shall be treated as attributable to certain lower-tier proportionate share of the stock of such selling or exchanging their subsidiaries are not taken into account corporation for purposes of section proportionate share of stock of a in determining the all earnings and 1248. corporation sold or exchanged by the profits amount attributable to foreign partnership. The proposed DATES: Effective Date: These regulations transactions described in § 1.367(b)–3. regulations also apply section 1248(a) in are effective on July 30, 2007. In response to this comment, such an Applicability Dates: For dates of cases where the stock in a corporation example is included in § 1.367(b)–4(d) that is sold or exchanged is held applicability, see §§ 1.1248–1(g) and of the final regulations. through tiers of foreign partnerships. 1.1248–8(d). This treatment is necessary to reflect Special Analyses FOR FURTHER INFORMATION CONTACT: properly each partner’s share of the It has been determined that this Michael Gilman at (202) 622–3850 (not corporation’s earnings and profits as a Treasury decision is not a significant a toll-free number). dividend. regulatory action as defined in SUPPLEMENTARY INFORMATION A commentator noted that § 1.1248– Executive Order 12866. Therefore, a Background 1(a)(4) of the proposed regulations could regulatory assessment is not required. It be read to apply to the sale by a partner has also been determined that section On June 2, 2006, proposed revisions of its interest in a partnership holding 553(b) of 5 U.S.C. chapter 5 does not to the regulations under section 1248(a) the stock of a corporation. The Treasury apply to these regulations, and, because of the Code (REG–135866–02) were Department and the IRS did not intend the regulations do not impose a published in the Federal Register (71 that interpretation because it would be collection of information on small FR 31985–01). On August 14, 2006, two contrary to section 1248(g)(2)(B). An entities, the Regulatory Flexibility Act, corrections to those proposed amount that is received by a partner in 5 U.S.C. chapter 6, does not apply. regulations were published in the exchange for all or part of its Pursuant to section 7805(f) of the Code, Federal Register (71 FR 46415 and 71 partnership interest is treated as the notice of proposed rulemaking FR 46416). Two written comments were ordinary income under section 751(a) preceding this regulation was submitted received. A public hearing was not and (c) to the extent attributable to stock to the Chief Counsel for Advocacy of the requested and none was held. After in a foreign corporation as described in Small Business Administration for consideration of the written comments section 1248. Section 1248(g)(2)(B) comment on their impact on small and other comments, the June 2, 2006, provides that section 1248 will not businesses. proposed regulations are adopted as apply if any other provision of the Code amended by this Treasury decision. treats an amount as ordinary income. Drafting Information Summary of Comments and Accordingly, § 1.1248–1(a)(4) in the The principal author of the final Explanation of Revisions final regulations is revised to clarify that regulations is Michael I. Gilman of the a foreign partnership is treated as an Office of Associate Chief Counsel With respect to attribution of earnings aggregate for this purpose only when a (International). However, other and profits to stock of an acquiring foreign partnership sells or exchanges personnel from the Treasury corporation held by a non-exchanging stock of a corporation. Finally, a Department and the IRS participated in shareholder, § 1.1248–8(b)(4) of the commentator requested that the final their development. proposed regulations provides a rule by regulations allow a taxpayer to elect to cross-reference to § 1.1248–2 or apply the rule in § 1.1248–1(a)(4) to List of Subjects in 26 CFR Part 1 § 1.1248–3 (whichever is applicable) taxable years ending before the effective Income taxes, Reporting and and § 1.1248–8(b)(6) (as applicable). A date of the final regulations. The recordkeeping requirements. commentator asserted that the proposed Treasury Department and the IRS regard regulations did not adequately explain this rule as a clarification of existing Adoption of Amendments to the which earnings and profits were law, but recognize that some Regulations attributed to the stock of the non- practitioners have expressed the view I Accordingly, 26 CFR part 1 is exchanging shareholder. This that prior law was not entirely clear. amended as follows: commentator thought that the rule was Accordingly, the final regulations allow better explained in the preamble to the taxpayers to apply the rule in § 1.1248– PART 1—INCOME TAXES proposed regulations, which states that 1(a)(4) to open years provided that the I generally the earnings and profits taxpayer consistently applies the rule in Paragraph 1. The authority citation attributable to stock of an acquiring all such years. A partner makes this for part 1 is amended by adding entries corporation held by a non-exchanging election by treating its distributive share in numerical order to read in part as shareholder immediately prior to a of gain attributable to a sale of shares in follows: restructuring transaction continue to be a controlled foreign corporation as gain Authority: 26 U.S.C. 7805 * * * attributed to such stock, and the recognized on a sale or exchange of Sections 1.367(b)–2(c)(1) and (2) also earnings and profits of the acquired stock in a foreign corporation within the issued under 26 U.S.C. 367(b)(1) and (2). corporation accumulated prior to the meaning of section 1248(a). Section 1.367(b)–2(d)(3) also issued under 26 restructuring transaction attributable to In order to clarify the application of U.S.C. 367(b)(1) and (2). * * * Section 1.367(b)–4(d) also issued under 26 U.S.C. the stock of an acquired corporation are § 1.1248–8, the definition of controlled 367(b)(1) and (2). * * * Sections 1.1248– not attributed to the non-exchanging foreign corporation at § 1.1248– 1(a)(1), (4), and (5) also issued under 26 shareholder’s stock in the acquiring 8(b)(1)(iii) has been revised to provide U.S.C. 1248(a) and (c)(1) and (2). * * * corporation. In order to clarify the that a controlled foreign corporation Section 1.1248–8 also issued under 26 regulations, this language from the includes corporations described in U.S.C. 1248(a) and (c)(1) and (2). * * *

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§ 1.367(b)–2 [Amended] uses the calendar year as its taxable I 4. Adding Example 4 in newly- I Par. 2. Section 1.367(b)–2 is amended year; and designated paragraph (a)(5). by: (iv) Each transaction is unrelated to The additions read as follows: I 1. Removing the language ‘‘, as all other transactions. Example. Acquisition of the stock of a § 1.1248–1 Treatment of gain from certain modified by § 1.367(b)–4(d) (as foreign corporation that controls a foreign sales or exchanges of stock in certain applicable).’’ from the last sentence of acquiring corporation in a reorganization foreign corporations. paragraph (c)(1)(ii) and adding the described in section 368(a)(1)(C). (i) Facts. (a) In general. (1) * * * See § 1.1248– language ‘‘. See § 1.1248–8.’’ in its place. DC1, a domestic corporation, has owned all 8 for additional rules regarding the I 2. Removing paragraphs (c)(2) the stock of CFC1, a controlled foreign attribution of earnings and profits to the Example 4 and (d)(3)(ii). corporation, since its formation on January 1, stock of a foreign corporation following I 3. Removing the language ‘‘, as year 1. CFC1 has owned all the stock of CFC2, a controlled foreign corporation, since certain nonrecognition transactions. modified by paragraph (d)(3)(ii) of this its formation on January 1, year 1. FC, a *** section and § 1.367(b)–4(d) (as foreign corporation that is not a controlled * * * * * applicable).’’ from the last sentence of foreign corporation, has owned all of the (4) For purposes of paragraph (a)(1) of paragraph (d)(3)(i)(B)(2) and adding the stock of FC2, a foreign corporation, since its this section, if a foreign partnership language ‘‘. See § 1.1248–8.’’ in its place. formation on January 1, year 2. On December sells or exchanges stock of a I 4. Redesignating paragraph (d)(3)(iii) 31, year 3, pursuant to a restructuring corporation, the partners in such foreign as paragraph (d)(3)(ii). transaction that was a triangular reorganization described in section partnership shall be treated as selling or I Par. 3. Section 1.367(b)–4(d) is 368(a)(1)(C), CFC1 transfers all of its assets, exchanging their proportionate share of revised to read as follows: including the CFC2 stock, to FC2 in exchange the stock of such corporation. Stock for 80% of the voting stock of FC. CFC1 which is considered to have been sold § 1.367(b)–4 Acquisition of foreign transfers the voting stock of FC to DC1 and or exchanged by a partner by reason of corporate stock or assets by a foreign the CFC1 stock is cancelled. Pursuant to the application of this paragraph (a)(4) corporation in certain nonrecognition section 1223(1), DC1 is considered to have shall for purposes of applying such transactions. held the stock of FC since January 1, year 1. Under section 1223(2), FC2 is considered to sentence be treated as actually sold or * * * * * exchanged by such partner. (d) Rules for subsequent sales or have held the stock of CFC2 since January 1, year 1. On December 31, year 3, CFC1 has (5) * * * exchanges—(1) Rule. If an exchanging $100 of earnings and profits. From January 1, Example 4. (i) Facts. X, a domestic shareholder (as defined in § 1.1248– year 4, until December 31, year 5, FC (a corporation, and Y, a foreign corporation that 8(b)(1)(iv)) is not required to include in controlled foreign corporation after the is not a controlled foreign corporation, are income as a deemed dividend the restructuring transaction) accumulates an partners in foreign partnership Z. X has a section 1248 amount under paragraph additional $50 of earnings and profits. FC2, 60% interest in Z, and Y has a 40% interest (b) of this section in a section 367(b) a controlled foreign corporation after the in Z. All parties are calendar year taxpayers. exchange described in paragraph (a) of restructuring transaction, accumulates $100 On January 1, year 1, Z forms foreign corporation H, a controlled foreign this section (non-inclusion exchange), of earnings and profits from January 1, year 4, until December 31, year 5. On December corporation that conducts a business in then, for purposes of applying section 31, year 5, FC is liquidated into DC1 in a Country C. Z and H’s functional currency is 367(b) or section 1248 to subsequent transaction described in section 332. the United States dollar. In years 1 and 2, H sales or exchanges, and subject to the (ii) Result. Generally, this paragraph (d) did not earn subpart F income as defined in limitation of § 1.367(b)–2(d)(3)(ii) (in the requires that DC1 include in income the section 952(a). On December 31, year 2, Z case of a transaction described in earnings and profits attributable to its stock sells all of the H stock for $600 when Z’s § 1.367(b)–3), the determination of the in FC as determined under § 1.1248–8. adjusted basis in the stock is $100. Therefore, earnings and profits attributable to the However, since the liquidation of FC into Z recognizes a gain of $500 on the sale, of DC1 is a transaction described in § 1.367(b)– stock an exchanging shareholder which $300 is allocable to X as a 60% 3, the earnings and profits attributable to the partner. At the time of the sale, H had $300 receives in the non-inclusion exchange stock of FC are limited by § 1.367(b)–2(d) of earnings and profits, $180 of which (that shall be determined pursuant to the (3)(ii) to that portion of the earnings and is, 60% of $300) is attributable to X’s 60% rules of section 1248 and the regulations profits accumulated by FC itself before or share of the H stock. under that section. after the restructuring transaction, and do not (ii) Result. Pursuant to section 1248(a) and (2) Example. The following example include the earnings and profits of FC’s paragraphs (a)(1) and (4) of this section, X illustrates the rules of this section. For subsidiaries accumulated before or after the and Y are treated as selling 60% and 40%, purposes of the example, assume that— restructuring transaction. Thus, DC1 will respectively, of the H stock. X includes in its include $40 of earnings and profits in income (i) There is no immediate gain gross income as a dividend $180 of the gain (80% of the $50 of earnings and profits recognized on the sale. Because Y is a foreign recognition pursuant to section 367(a)(1) accumulated by FC after the restructuring corporation that is not a CFC, neither section and the regulations under that section transaction). 1248 nor section 964 applies to the sale of (either through operation of the rules or I Par. 4. Section 1.1248–1 is amended Y’s 40% share of the H stock. because the appropriate parties have by: (iii) Alternative facts. If, instead, X owned entered into a gain recognition I 1. Removing the language ‘‘(or was its 60% interest in Z through another foreign agreement under §§ 1.367(a)–3(b) and considered as held by reason of the partnership, the result would be the same. 1.367(a)–8); application of section 1223)’’ from the * * * * * (ii) References to earnings and profits first sentence of paragraph (a)(1) and (g) Effective/applicability date. The are to earnings and profits that would be adding the language ‘‘(or was third sentence in paragraph (a)(1), includible in income as a dividend considered as held by reason of the paragraph (a)(4), and paragraph (a)(5) under section 1248 and the regulations application of section 1223, taking into Example 4 of this section apply to under that section if stock to which the account § 1.1248–8)’’ in its place and income inclusions that occur on or after earnings and profits are attributable adding a new third sentence. July 30, 2007. A taxpayer may elect to were sold or exchanged by its I 2. Redesignating paragraph (a)(4) as apply paragraph (a)(4) of this section to shareholder; paragraph (a)(5). income inclusions in open taxable years (iii) Each corporation has only a I 3. Adding new paragraphs (a)(4) and provided that it consistently applies single class of stock outstanding and (g). paragraph (a)(4) for income inclusions

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in the first year for which the election §§ 1.1248–2, 1.1248–3, 1.1248–7 ‘‘Section’’ column, remove the language is applicable and in all subsequent [Amended] in the ‘‘Remove’’ column and add the years. I Par. 5. In §§ 1.1248–2, 1.1248–3, and language in the ‘‘Add’’ column in its 1.1248–7, for each entry in the place.

Section Remove Add

§ 1.1248–2(a)(1) ...... (or was considered to be held by reason of (or was considered to be held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–2(a)(2)(ii) ...... (or is considered to have held by reason of (or is considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–2(a)(3) ...... (or is considered to have held by reason of (or is considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–2(c)(4) ...... (or is considered to have held by reason of (or is considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–2(e)(1), introductory text ...... (or is considered to have held by reason of (or is considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–2(e)(2) ...... (or is considered as held by reason of the ap- (or is considered as held by reason of the ap- plication of section 1223). plication of section 1223, taking into ac- count § 1.1248–8). § 1.1248–2(e)(3)(i) ...... (or is considered to have held by reason of (or is considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–3(a)(1) ...... (or was considered to be held by reason of (or was considered to be held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–3(c)(1)(ii) ...... (or was considered to have held by reason of (or was considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–3(e)(2)(i) ...... (during the period such share, or block, was (during the period such share, or block, was considered to be held by such person by considered to be held by such person by reason of the application of section 1223). reason of the application of section 1223, taking into account § 1.1248–8). § 1.1248–3(e)(3) ...... (during the period such share, or block, was (during the period such share, or block, was considered to be held by such person by considered to be held by such person by reason of the application of section 1223). reason of the application of section 1223, taking into account § 1.1248–8). § 1.1248–3(e)(5) ...... (or another person who actually owned the (or another person who actually owned the stock during such taxable year and whose stock during such taxable year and whose holding of the stock is attributed by reason holding of the stock is attributed by reason of the application of section 1223 to the per- of the application of section 1223, taking son who sold or exchanged the stock). into account § 1.1248–8, to the person who sold or exchanged the stock). § 1.1248–3(e)(6), two places ...... by reason of the application of section 1223 to by reason of the application of section 1223 to such person. such person, taking into account § 1.1248– 8. § 1.1248–3(f)(2)(ii) ...... (or was considered to have held by reason of (or was considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–3(f)(5)(ii) ...... (during the period such stock was considered (during the period such stock was considered to be held by such person by reason of the to be held by such person by reason of the application of section 1223). application of section 1223, taking into ac- count § 1.1248–8). § 1.1248–3(f)(5)(iv) ...... (during the period such share (or block) was (during the period such share (or block) was considered to be held by such person by considered to be held by such person by reason of the application of section 1223). reason of the application of section 1223, taking into account § 1.1248–8). § 1.1248–7(b)(3)(i) ...... (or was considered to have held by reason of (or was considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–7(b)(3)(iii) ...... (or is considered to have held by reason of (or is considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8). § 1.1248–7(b)(4) introductory text ...... (or was considered to have held by reason of (or was considered to have held by reason of the application of section 1223). the application of section 1223, taking into account § 1.1248–8).

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I Par. 6. Section 1.1248–8 is added to acquired in exchange for stock in (or shareholder or a foreign corporate read as follows: stock in and other property of) either the shareholder with respect to that foreign acquiring corporation or a foreign corporation immediately after the § 1.1248–8 Earnings and profits corporation that controls, within the restructuring transaction, the earnings attributable to stock following certain non- recognition transactions. meaning of section 368(c), the acquiring and profits attributable to the stock the corporation in a restructuring exchanging shareholder receives shall (a) Scope. This section sets forth rules transaction. be determined pursuant to the rules in for the attribution of earnings and (ii) Acquiring corporation is a paragraphs (b)(2)(i), (ii), and (iii) of this profits for purposes of section 1248 and corporation that acquires the stock or section. § 1.1248–1(a)(1) and to supplement the assets of an acquired corporation in a (i) Exchanging shareholder exchanges rules in §§ 1.1248–2 and 1.1248–3 with restructuring transaction. property that is not stock of a foreign respect to— (iii) Controlled foreign corporation is acquired corporation with respect to (1) Stock that an exchanging a corporation described in either section which the exchanging shareholder is a shareholder receives, or an acquiring 953(c)(1)(B) or section 957. section 1248 shareholder or a foreign corporation receives, in restructuring (iv) Exchanging shareholder is a corporate shareholder. Where the transactions. Except as otherwise person that exchanges— exchanging shareholder exchanges in a provided in this paragraph (a), stock of (A) In a restructuring transaction restructuring transaction property that is a foreign corporation that an exchanging qualifying as a nonrecognition not stock of a foreign acquired shareholder receives, or an acquiring transaction within the meaning of corporation with respect to which the corporation receives, pursuant to a section 7701(a)(45) and described in exchanging shareholder is a section restructuring transaction (as defined in section 354, 356, or 361(a), stock in an 1248 shareholder or a foreign corporate paragraph (b)(1)(vii) of this section) in acquired corporation for stock in either shareholder immediately before such which the holding period of such stock a foreign acquiring corporation or a transaction, the earnings and profits is determined by application of section foreign corporation that is in control, attributable to the stock that the 1223(1) or 1223(2), whichever is within the meaning of section 368(c), of exchanging shareholder receives in the appropriate. This section shall not apply an acquiring corporation (whether restructuring transaction shall be to an exchange otherwise described in domestic or foreign); or determined in accordance with this paragraph (a)(1) if, as a result of the (B) In a restructuring transaction § 1.1248–2 or § 1.1248–3, whichever is exchange, the exchanging shareholder is qualifying as a nonrecognition applicable, without regard to any required to include in income as a transaction within the meaning of portion of the section 1223(1) holding deemed dividend the section 1248 section 7701(a)(45) and described in period in that stock that is prior to the amount pursuant to § 1.367(b)–4(b). See section 351, property (including stock) restructuring transaction. See paragraph paragraphs (b)(2) and (3) of this section; for stock in a foreign acquiring (b)(7) Example 1 of this section. (2) Nonexchanging shareholders. corporation. (ii) Exchanging shareholder Stock of a foreign corporation that (v) Foreign corporate shareholder is a exchanges stock of a foreign corporation participates in a restructuring foreign corporation that— with respect to which the exchanging transaction that is held by a non- (A) Owns stock of another foreign shareholder is either a section 1248 exchanging shareholder (as defined in corporation; and shareholder or a foreign corporate paragraph (b)(1)(vi) of this section) in (B) Has a section 1248 shareholder shareholder. Except as provided in the restructuring transaction. See that is also a section 1248 shareholder paragraph (b)(2)(iii) of this section, paragraph (b)(4) of this section; of the other foreign corporation. where the exchanging shareholder (3) Application of section 381. Stock (vi) Non-exchanging shareholder is, at exchanges in a restructuring transaction of a foreign corporation that receives the time the acquiring corporation stock of a foreign acquired corporation assets in a transfer to which section participates in a restructuring with respect to which the exchanging 361(a) applies in connection with a transaction, either a section 1248 shareholder is either a section 1248 reorganization described in section shareholder or a foreign corporate shareholder or a foreign corporate 368(a)(1)(A), (C), (D), (F), or (G), or in a shareholder of the acquiring corporation shareholder immediately before such distribution to which section 332 that is not an exchanging shareholder restructuring transaction, the earnings applies, and to which section with respect to that corporation. and profits attributable to the stock that 381(c)(2)(A) and § 1.381(c)(2)–1(a) (vii) Restructuring transaction is a the exchanging shareholder receives in apply. See paragraph (b)(6) of this transaction qualifying as a the restructuring transaction shall be the section; or nonrecognition transaction within the sum of the earnings and profits (4) Section 332 liquidations. Stock of meaning of section 7701(a)(45) and attributable to— a foreign corporation that receives the described in section 351, 354, 356, or (A) The stock of the foreign acquired assets and liabilities of a foreign 361. corporation exchanged (determined in corporation in a complete liquidation (viii) Section 1248 shareholder is any accordance with § 1.1248–2 or § 1.1248– described in section 332 if the foreign United States person that satisfies the 3, whichever is applicable, and this distributee is a foreign corporate ownership requirements of section section, if applicable) that was shareholder (as defined in paragraph 1248(a)(2) and § 1.1248–1(a)(2) with accumulated before the restructuring (b)(1)(v) of this section) of the respect to a foreign corporation. transaction; and liquidating corporation. See paragraph (2) Earnings and profits attributable to (B) The stock of the foreign (c) of this section. stock that an exchanging shareholder corporation that the exchanging (b) Earnings and profits attributable to receives in a restructuring transaction. shareholder receives in the restructuring stock following a restructuring Where, in a restructuring transaction, an transaction (determined in accordance transaction—(1) Definitions. The exchanging shareholder receives stock with § 1.1248–2 or § 1.1248–3, following definitions apply for purposes in a foreign corporation, the holding whichever is applicable, and this of this section: period of which is determined under section, if applicable), without regard to (i) Acquired corporation is a section 1223(1), and the exchanging any portion of the section 1223(1) corporation whose stock or assets are shareholder is either a section 1248 holding period in that stock that is prior

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to the restructuring transaction. See shareholder or a foreign corporate respect to stock of a foreign acquired paragraph (b)(7) Example 2, Example 4, shareholder. The earnings and profits corporation, paragraph (b)(3) of this and Example 6 of this section. attributable to the stock of a foreign section shall not apply for purposes of (iii) Exchanging shareholder receives acquired corporation that the acquiring determining the earnings and profits stock in a foreign corporation that corporation receives in the restructuring attributable to stock in the foreign controls a domestic acquiring transaction where the exchanging acquiring corporation owned by a non- corporation. Where the acquiring shareholder is either a section 1248 exchanging shareholder thereof (see corporation is a domestic corporation shareholder or a foreign corporate section 1248(c)(2)). See paragraph (b)(7) and the exchanging shareholder receives shareholder with respect to that foreign Example 6 of this section. in a restructuring transaction stock in a corporation immediately before the (5) Reduction in earnings and profits foreign corporation that controls (within restructuring transaction shall be attributable to stock to prevent multiple the meaning of section 368(c)) the determined in accordance with inclusions with respect to the same domestic acquiring corporation, the § 1.1248–2 or § 1.1248–3, whichever is earnings and profits. To the extent earnings and profits attributable to the applicable, with regard to the portion of consistent with the principles of section stock that the exchanging shareholder the section 1223(2) holding period of 1248, adjustments to earnings and receives in the restructuring transaction the stock that the exchanging profits attributable to stock shall be shall consist solely of the amount of shareholder took into account for made such that section 1223(1) and (2) earnings and profits attributable to such purposes of attributing earnings and and this section are applied in a manner stock (determined in accordance with profits to that stock (determined in that results in earnings and profits being § 1.1248–2 or § 1.1248–3, whichever is accordance with this section). See taken into account only once. Thus, for applicable, and this section, if paragraph (b)(7) Example 3, Example 5, example, when a controlled foreign applicable) without regard to any and Example 7 of this section. corporation sells or exchanges all or part portion of the section 1223(1) holding (4) Earnings and profits attributable to of the stock of another foreign period in that stock that is prior to the stock held by a non-exchanging corporation to which earnings and restructuring transaction. See paragraph shareholder in a foreign acquiring profits are attributable pursuant to this (b)(7) Example 5 of this section. corporation. (i) Except to the extent paragraph (b) or paragraph (c) of this (3) Earnings and profits attributable to paragraph (b)(4)(ii) of this section section, proportionate reductions shall stock in a foreign corporation certain applies, the earnings and profits be made to the earnings and profits acquiring corporations receive in a attributable to stock of a foreign attributed to the stock of the selling restructuring transaction. Where an acquiring corporation held by a non- foreign corporate shareholder owned by acquiring corporation receives, in a exchanging shareholder immediately a section 1248 shareholder. See restructuring transaction, stock in a prior to a restructuring transaction paragraph (b)(7) Example 7 of this foreign acquired corporation, the continue to be attributed to such stock, section. holding period of which is determined and the earnings and profits of the (6) Special rule regarding section 381. under section 1223(2), and the acquiring acquired corporation accumulated prior Solely for purposes of determining the corporation is either a section 1248 to the restructuring transaction earnings and profits (or deficit in shareholder or a foreign corporate attributable to the stock of an acquired earnings and profits) attributable to shareholder with respect to that foreign corporation are not attributed to the stock pursuant to this paragraph (b), the acquired corporation immediately after non-exchanging shareholder’s stock in earnings and profits of a corporation the restructuring transaction, the the foreign acquiring corporation. See shall not include earnings and profits earnings and profits attributable to the § 1.1248–2 or § 1.1248–3 (whichever is foreign acquired corporation stock that applicable) and, as applicable, that are treated as received or incurred the acquiring corporation receives shall paragraph (b)(6) of this section; see also under section 381(c)(2)(A) and be determined pursuant to the rules in paragraph (b)(7) Example 2 and § 1.381(c)(2)–1(a). See paragraph (b)(7) paragraphs (b)(3)(i) and (ii) of this Example 4 of this section. Example 4 of this section. section. (ii) Where a non-exchanging (7) Examples. The application of this (i) Stock of a foreign corporation with shareholder holds stock in a foreign paragraph (b) is illustrated by the respect to which the exchanging corporation that is also an exchanging following examples. Unless otherwise shareholder is neither a section 1248 shareholder and a foreign acquiring indicated, in the following examples shareholder nor a foreign corporate corporation in the same restructuring assume that— shareholder. The earnings and profits transaction— (i) There is no immediate gain attributable to the stock of the foreign (A) The earnings and profits recognition pursuant to section 367(a)(1) acquired corporation that the acquiring attributable to such stock shall be the and the regulations under that section corporation receives in a restructuring sum of the earnings and profits (either through operation of the rules or transaction where the exchanging attributable to the stock of such foreign because the appropriate parties have shareholder is neither a section 1248 corporation immediately before the entered into a gain recognition shareholder nor a foreign corporate restructuring transaction (including agreement under §§ 1.367(a)–3(b) and shareholder with respect to that foreign amounts attributed under section 1.367(a)–8); acquired corporation immediately 1248(c)(2)) and the earnings and profits (ii) There is no income inclusion before the restructuring transaction shall attributable to the stock of the foreign required pursuant to section 367(b) and be determined in accordance with acquiring corporation accumulated after the regulations under that section, and § 1.1248–2 or § 1.1248–3, whichever is the restructuring transaction (including all reporting requirements in those applicable, without regard to any amounts attributed under section regulations are complied with; portion of the section 1223(2) holding 1248(c)(2)); and (iii) References to earnings and profits period in that stock that is prior to the (B) Paragraph (b)(6) of this section are to earnings and profits that would be restructuring transaction. applies. See paragraph (b)(7) Example 8 includible in income as a dividend (ii) Stock of a foreign corporation with of this section. under section 1248 and the regulations respect to which the exchanging (iii) Where the acquiring corporation under that section if stock to which the shareholder is either a section 1248 is a foreign corporate shareholder with earnings and profits are attributable

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were sold or exchanged by its accumulated after the restructuring profits is attributable to the CFC2 stock sold shareholder; transaction. by DC1. This amount consists of $100 of (iv) Each corporation has only a single (B) DC1 sale. Pursuant to paragraph (b)(4) CFC1’s earnings and profits accumulated class of stock outstanding and uses the of this section, the earnings and profits before the restructuring transaction, reduced attributable to the CFC stock sold by DC1, a by 25% of CFC2’s ($200) post-restructuring calendar year as its taxable year; and non-exchanging shareholder in the transaction deficit in earnings and profits. (v) Each transaction is unrelated to all restructuring transaction, are $120. This None of the $200 of CFC2’s earnings and other transactions. amount consists of all of the $100 of earnings profits accumulated by CFC2 prior to the Example 1. A section 351 exchange of and profits of CFC accumulated before the reorganization is attributed to the CFC2 stock property other than stock in a foreign restructuring transaction, none of the $200 of sold by DC1. Also, none of the earnings and corporation with respect to which the earnings and profits of CFC2 accumulated profits CFC2 succeeded to under section 381 exchanging shareholder is either a section before the restructuring transaction, and 20% is attributed to the CFC2 stock sold by DC1, 1248 shareholder or a foreign corporate of the $100 of earnings and profits of CFC pursuant to paragraph (b)(6) of this section. shareholder. (i) Facts. DC1, a domestic accumulated after the restructuring (B) DC2. Pursuant to paragraph (b)(4) of corporation, has owned all the stock of CFC, transaction. this section, there is $50 of accumulated a foreign corporation, since CFC’s formation Example 3. A section 351 exchange of earnings and profits attributable to the CFC2 on January 1, year 3. On December 31, year controlled foreign corporation stock by a stock sold by DC2. This amount consists of 5, DC2, a domestic corporation unrelated to United States person for stock in a domestic all of the $200 of CFC2’s earnings and profits DC1, contributes property it has held since corporation in a restructuring transaction. (i) accumulated by CFC2 prior to the January 1, year 1, to CFC in exchange for Facts. DC1, a domestic corporation, has reorganization, reduced by 75% of CFC2’s voting stock of CFC in a restructuring owned all of the stock of CFC, a foreign deficit in earnings and profits in the amount transaction that is an exchange under section corporation, since CFC’s formation on of ($200) incurred after the restructuring 351. The property that DC2 contributes is not January 1, year 1. DC1 has also owned all the transaction. None of the $100 of CFC1 stock in a foreign corporation with respect to stock of DC2, a domestic corporation, since accumulated earnings and profits succeeded which DC2 was either a section 1248 DC2’s formation on January 1, year 1. On to under section 381 is attributable to the shareholder or a foreign corporate December 31, year 2, DC1 contributes the CFC2 stock sold by DC2, pursuant to shareholder. DC2 receives 80% of the voting stock of CFC to DC2 in exchange for stock in paragraph (b)(6) of this section. stock of CFC in the restructuring transaction DC2 in a restructuring transaction that is an (C) Section 368(a)(1)(B) reorganization. If, and its holding period in that CFC stock, exchange described in section 351. On instead of DC1 acquiring its 25% interest in determined pursuant to section 1223(1), December 31, year 2, CFC has $100 of CFC2 pursuant to a reorganization described began on January 1, year 1. CFC has $100 of accumulated earnings and profits. DC2 has a in section 368(a)(1)(C), DC1 had transferred accumulated earnings and profits on basis in the CFC stock determined under the stock of CFC1 to CFC2 in exchange for December 31, year 5. On December 31, year section 362, and is considered to have held 25% of the voting stock of CFC2 in a 7, when the accumulated earnings and profits the CFC stock since January 1, year 1, reorganization described in section of CFC are $200, DC2, a section 1248 pursuant to section 1223(2). On December 31, 368(a)(1)(B), the results would be the same as shareholder with respect to CFC, sells its CFC year 4, when the accumulated earnings and described in paragraphs (ii) (A) and (B) of stock. profits of CFC are still $100, DC2 sells its this Example 4. (ii) Result. Under paragraph (b)(2)(i) of this CFC stock. Example 5. Acquisition of the stock of a section, the earnings and profits attributable (ii) Result. Under paragraph (b)(3)(ii) of foreign corporation that controls a domestic to the CFC stock sold by DC2 are $80. This this section, $100 of accumulated earnings acquiring corporation in a triangular amount consists of none of the $100 of and profits of CFC is attributable to the stock reorganization described in section earnings and profits accumulated by CFC of CFC sold by DC2, even though DC2 did not 368(a)(1)(C). (i) Facts. DC1, a domestic before the restructuring transaction, and 80% hold the stock of CFC during the time CFC corporation, has owned all the stock of CFC1, of the $100 of earnings and profits of CFC accumulated the earnings and profits. a foreign corporation, since its formation on accumulated after the restructuring Example 4. Acquisition of a controlled January 1, year 1. CFC1 has owned all the transaction. foreign corporation by a controlled foreign stock of CFC2, a foreign corporation, since its Example 2. A section 351 exchange of corporation in a reorganization described in formation on January 1, year 1. FC, a foreign controlled foreign corporation stock by a section 368(a)(1)(C) (or section 368(a)(1)(B)). corporation that is not a controlled foreign United States person for stock in a controlled (i) Facts. DC1, a domestic corporation, has corporation, has owned all of the stock of foreign corporation in a restructuring owned all the stock of CFC1, a foreign DC2, a domestic corporation, since its transaction. (i) Facts. The facts are the same corporation, since its formation on January 1, formation on January 1, year 2. On December as in Example 1 except as follows. The year 1. DC2, a domestic corporation 31, year 3, pursuant to a restructuring property that DC2 contributes is 100% of the unrelated to DC1, has owned all of the stock transaction that was a triangular stock in CFC2, a foreign corporation. DC2 has of CFC2, a foreign corporation, since its reorganization described in section owned all the stock of CFC2 since CFC2’s formation on January 1, year 2. On December 368(a)(1)(C), CFC1 transfers all of its assets, formation on January 1, year 2, and CFC2 has 31, year 3, pursuant to a restructuring including the CFC2 stock, to DC2 in $200 of earnings and profits as of December transaction that is a reorganization described exchange for 60% of the voting stock of FC. 31, year 5. CFC2 does not accumulate any in section 368(a)(1)(C), CFC1 transfers all of CFC1 transfers the voting stock of FC to DC1 additional earnings and profits from its assets to CFC2 in exchange for 25% of the and the CFC1 stock is cancelled. Pursuant to December 31, year 5, to December 31, year 7. voting stock of CFC2. CFC1 distributes the section 1223(1), DC1 is considered to have On December 31, year 7, when the CFC2 stock to DC1 and the CFC1 stock is held the stock of FC since January 1, year 1. accumulated earnings and profits of CFC are cancelled. DC1’s holding period in the CFC2 Under section 1223(2), DC2 is considered to $200, DC2, a section 1248 shareholder with stock, determined under section 1223(1), have held the stock of CFC2 since January 1, respect to CFC, sells its CFC stock. Also on begins on January 1, year 1. On December 31, year 1. On December 31, year 3, CFC1 has that date, DC1 sells its CFC stock. year 3, CFC1 has $100 of accumulated $100 of earnings and profits, CFC2 has $300 (ii) Result. (A) DC2 sale. Pursuant to earnings and profits and CFC2 has $200 of of earnings and profits, and FC has $200 of paragraph (b)(2)(ii) of this section, the accumulated earnings and profits. CFC2 earnings and profits. DC1 includes the $100 earnings and profits attributable to the CFC succeeds to the $100 of CFC1 accumulated all earnings and profits amount attributable stock sold by DC2 are $280. This amount earnings and profits in the reorganization to its CFC1 stock in income as a deemed consists of all of the $200 of earnings and under section 381. From January 1, year 4 to dividend under § 1.367(b)–3 upon the profits of CFC2 accumulated before the December 31, year 5, CFC2 incurred a deficit exchange of CFC1 stock for FC stock. restructuring transaction (see also section in earnings and profits in the amount of Pursuant to the lower-tier earnings exclusion 1248(c)(2)), none of the $100 of earnings and ($200). On December 31, year 5, both DC1 of § 1.367(b)–2(d)(3)(ii), that amount does not profits accumulated by CFC before the and DC2 sell their stock in CFC2. include the $300 of earnings and profits of restructuring transaction, and 80% of the (ii) Result. (A) DC1. Pursuant to paragraph CFC2. From January 1, year 4, until $100 of earnings and profits of CFC (b)(2)(ii) of this section, $50 of earnings and December 31, year 5, FC (now a controlled

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foreign corporation) accumulates an described in section 368(a)(1)(B), followed by CFC3 attributable to its CFC2 stock to $16. additional $50 of earnings and profits. From a sale of the acquired stock by the acquiring Similarly, DC1 would be required to reduce January 1, year 4 until December 31, year 5, controlled foreign corporation. (i) Facts. DC1, the earnings and profits of CFC3 attributable CFC2 accumulates an additional $100 of a domestic corporation, has owned all of the to its CFC1 stock by $16. Paragraph (b)(5) of earnings and profits. On December 31, year outstanding stock of CFC1, a foreign this section also requires DC2 to reduce the 5, DC1 sells its stock in FC and DC2 sells its corporation, since its formation on January 1, CFC3 earnings and profits attributable to its stock in CFC2. year 1. CFC1 has owned all of the CFC2 stock by $9. These reductions occur (ii) Result. (A) DC1. Pursuant to paragraph outstanding stock of CFC3, a foreign without regard to whether CFC2 recognizes (b)(2)(iii) of this section, there is $30 of corporation, since its formation on January 1, gain on its sale of CFC3 stock. earnings and profits attributable to the stock year 1. DC2, a domestic corporation Example 8. Acquisition of the assets of a of FC sold by DC1. This amount consists of unrelated to DC1, has owned all of the lower-tier controlled foreign corporation by 60% of the $50 of earnings and profits outstanding stock of CFC2, a foreign an upper-tier controlled foreign corporation accumulated by FC after the restructuring corporation, since its formation on January 1, in a restructuring transaction described in transaction, and none of the earnings and year 2. On December 31, year 3, pursuant to section 368(a)(1)(C). (i) Facts. DC, a domestic profits accumulated by CFC1, CFC2, or FC a restructuring transaction that is a corporation, has owned all the stock of CFC1, before the restructuring transaction. reorganization described in section a controlled foreign corporation, since its (B) DC2. Pursuant to paragraph (b)(3)(ii) of 368(a)(1)(B), CFC1 transfers all of the stock of formation on January 1, year 1. CFC1 is a this section, there is $400 of earnings and CFC3 to CFC2 in exchange for 40% of CFC2’s holding company that has owned 79% of the profits attributable to the stock of CFC2 sold stock. On December 31, year 3, CFC2 and stock of CFC2, a controlled foreign by DC2. This amount consists of all of the CFC3 have, respectively, $40 and $20 of corporation, since its formation on January 1, earnings and profits accumulated by CFC2 earnings and profits. On December 31, year year 1. The other 21% of CFC2 stock is during DC2’s section 1223(2) holding period. 5, when the accumulated earnings and profits owned by X, an unrelated party. On Example 6. Acquisition of the stock of a of CFC3 are $50 ($20 of earnings and profits December 31, year 1, CFC2 has $200 of foreign corporation that controls a foreign as of December 31, year 3, plus $30 of earnings and profits. On December 31, year acquiring corporation in a reorganization earnings and profits generated from January 1, CFC1 has no accumulated earnings and described in section 368(a)(1)(C). (i) Facts. 1, year 4, through December 31, year 5), CFC2 profits. On December 31, year 1, pursuant to DC1, a domestic corporation, has owned all sells the stock of CFC3 in a transaction to a restructuring transaction described in the stock of CFC1, a foreign corporation, which section 964(e) applies. section 368(a)(1)(C), CFC2 transfers all its since its formation on January 1, year 1. CFC1 (ii) Result. (A) CFC2. Pursuant to paragraph properties to CFC1. In exchange, CFC1 has owned all the stock of CFC2, a foreign (b)(3)(ii) of this section, there is $50 of assumes the liabilities of CFC2 and transfers corporation, since its formation on January 1, earnings and profits attributable to the CFC3 to CFC2 voting stock representing 21% of the year 1. FC, a foreign corporation that is not stock sold by CFC2. This amount consists of stock of CFC1. CFC2 distributes the voting a controlled foreign corporation, has owned the accumulated earnings and profits stock to X and liquidates. The liabilities all of the stock of FC2, a foreign corporation, attributable to CFC2’s entire section 1223(2) assumed do not exceed 20% of the value of since its formation on January 1, year 2. On holding period in the CFC3 stock. the properties of CFC2. From January 1, year December 31, year 3, pursuant to a (B) CFC1, DC2, and DC1. Under paragraph 2, to December 31, year 3, CFC1 accumulates restructuring transaction that was a triangular (b)(5) of this section, the earnings and profits $100 of earnings and profits. On December reorganization described in section attributable to the CFC2 stock held by CFC1 31, year 3, DC sells its CFC1 stock. 368(a)(1)(C), CFC1 transfers all of its assets, and DC2, and the earnings and profits (ii) Result. Pursuant to paragraph (b)(4)(ii) including the CFC2 stock, to FC2 in exchange attributable to the CFC1 stock held by DC1, of this section, there is $237 of earnings and for 60% of the voting stock of FC. CFC1 will be reduced (regardless of whether CFC2 profits attributable to DC’s CFC1 stock. This transfers the voting stock of FC to DC1 and recognizes gain on its sale of CFC3 stock). amount consists of 79% of CFC2’s $200 of the CFC1 stock is cancelled. Pursuant to (1) CFC1. The earnings and profits earnings and profits accumulated before the section 1223(1), DC1 is considered to have attributable to the CFC2 stock held by CFC1 restructuring transaction (see section held the stock of FC since January 1, year 1. will be reduced by $32, or the amount of 1248(c)(2)), and 79% of CFC1’s $100 of Under section 1223(2), FC2 is considered to earnings and profits as of December 31, year earnings and profits accumulated after the have held the stock of CFC2 since January 1, 5, that would have been attributable to the restructuring transaction. Pursuant to year 1. On December 31, year 3, CFC1 has CFC2 stock held by CFC1 pursuant to paragraph (b)(6) of this section, none of $100 of earnings and profits, CFC2 has $300 paragraph (b)(2)(ii) of this section. This CFC2’s $200 of earnings and profits to which of earnings and profits, FC has $200 of amount consists of all of the $20 of earnings CFC1 succeeded under section 381 would be earnings and profits, and FC2 has no earnings and profits accumulated by CFC3 before the attributable to DC’s CFC1 stock. and profits. From January 1, year 4, until restructuring transaction and 40% of the $30 December 31, year 5, FC (now a controlled of earnings and profits accumulated by CFC3 (c) Earnings and profits attributable to foreign corporation) accumulates an after the restructuring transaction (.40 × $30 stock of a foreign distributee additional $50 of earnings and profits. From = $12). corporation that is a foreign corporate January 1, year 4 until December 31, year 5, (2) DC1. The earnings and profits shareholder with respect to a foreign CFC2 accumulates an additional $100 of attributable to the CFC1 stock held by DC1 liquidating corporation—(1) General earnings and profits. FC2, a controlled will also be reduced by $32, or the amount rule. If a foreign corporation (liquidating foreign corporation after the restructuring of earnings and profits that would have been corporation) makes a distribution of transaction, accumulates $100 of earnings attributable to the CFC1 stock held by DC1 property in complete liquidation under and profits from January 1, year 4, until as of December 31, year 5. December 31, year 5. On December 31, year (3) DC2. The earnings and profits section 332 to a foreign corporation 5, DC1 sells its stock in FC. attributable to the CFC2 stock held by DC2 (distributee), and immediately before (ii) Result. Pursuant to paragraphs (b)(2)(ii) will be reduced by $18, or the amount of the liquidation the distributee was a and (b)(4)(iii) of this section, there is $550 of earnings and profits that would have been foreign corporate shareholder with earnings and profits attributable to the stock attributable to the CFC2 stock held by DC2 respect to the liquidating foreign of FC sold by DC1. This amount consists of as of December 31, year 5, under paragraph corporation, the amount of earnings and all $400 of the CFC1 and CFC2 earnings and (b)(4) of this section. This amount consists of profits attributable to the distributee × profits accumulated before the restructuring 60% of the $30 (.60 $30 = $18) of earnings stock upon its subsequent sale or transaction (see also section 1248(c)(2)), and and profits accumulated by CFC3 after the exchange will be determined under this 60% of the $250 of the earnings and profits restructuring transaction. accumulated by FC, FC2, and CFC2 after the (C) Partial sale by CFC2. If, instead of paragraph (c)(1). The earnings and restructuring transaction. selling 100% of the CFC3 stock, on December profits attributable will be the sum of Example 7. Acquisition of controlled 31, year 5, CFC2 sells only 50% of its CFC3 the earnings and profits attributable to foreign corporation stock by a controlled stock, paragraph (b)(5) of this section requires the stock of the distributee immediately foreign corporation in a reorganization CFC1 to reduce the earnings and profits of before the liquidation (including

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amounts attributed under section ENVIRONMENTAL PROTECTION publicly available only at the hard copy 1248(c)(2)) and the earnings and profits AGENCY location (e.g., copyrighted material), and attributable to the stock of the some may not be publicly available in distributee accumulated after the 40 CFR Part 52 either location (e.g., CBI). To inspect the hard copy materials, please schedule an liquidation (including amounts [EPA–R09–OAR–2007–0236; FRL–8444–3] attributed under section 1248(c)(2)). appointment during normal business hours with the contact listed in the FOR (2) Special rule regarding section 381. Partial Withdrawal of Direct Final Rule FURTHER INFORMATION CONTACT section. Solely for purposes of determining the Revising the California State FOR FURTHER INFORMATION CONTACT: earnings and profits (or deficit in Implementation Plan, San Joaquin Francisco Do´n˜ ez, EPA Region IX, (415) earnings and profits) attributable to Valley Air Pollution Control District 972–3956, [email protected]. stock under this paragraph (c), the AGENCY: Environmental Protection attributed earnings and profits of a Agency (EPA). List of Subjects in 40 CFR Part 52 corporation shall not include earnings ACTION: Final rule; partial withdrawal. Environmental protection, Air and profits that are treated as received pollution control, Intergovernmental or incurred pursuant to section SUMMARY: On May 30, 2007 (72 FR relations, Nitrogen dioxide, Ozone, 381(c)(2)(A) and § 1.381(c)(2)–1(a). 29886), EPA published a direct final Particulate matter, Reporting and approval of revisions to the California (3) Example. (i) Facts. DC, a domestic recordkeeping requirements. State Implementation Plan (SIP). These corporation, has owned all of the stock of Dated: July 10, 2007. CFC1, a foreign corporation, since its revisions concerned San Joaquin Valley Air Pollution Control District Keith Takata, formation on January 1, year 1. CFC1 is an Acting Regional Administrator, Region IX. operating company that has owned all of the (SJVAPCD) Rule 4307, Boilers, Steam I stock of CFC2, a foreign corporation, since its Generators and Process Heaters—2.0 Part 52, chapter I, title 40 of the Code formation on January 1, year 1. On December MMBtu/hr to 5.0 MMBtu/hr; Rule 4308, of Federal Regulations is amended as 31, year 2, CFC1 has $200 of accumulated Boilers, Steam Generators and Process follows: Heaters—0.075 MMBtu/hr to 2.0 earnings and profits and CFC2 has a ($200) PART 52—[AMENDED] deficit in earnings and profits. On December MMBtu/hr; Rule 4309, Dryers, 31, year 2, CFC2 distributes all of its assets Dehydrators, and Ovens; Rule 4352, I 1. The authority citation for part 52 and liabilities to CFC1 in a liquidation to Solid Fuel Fired Boilers, Steam continues to read as follows: Generators and Process Heaters; and which section 332 applies. From January 1, Authority: 42 U.S.C. 7401 et seq. year 3, until December 31, year 4, CFC1 Rule 4905, Natural Gas-Fired, Fan-Type accumulates no additional earnings and Residential Central Furnaces. The direct I 2. Section 52.220 is amended by profits. On December 31, year 4, DC sells its final action was published without prior revising paragraph (c)(347)(i)(A)(1) to stock in CFC1. proposal because EPA anticipated no read as follows: (ii) Result. Pursuant to paragraph (c)(1) of adverse comment. The direct final rule this section, there are no earnings and profits stated that if adverse comments were § 52.220 Identification of plan. attributable to DC’s CFC1 stock. This amount received by June 29, 2007, EPA would * * * * * consists of the sum of the earnings and publish a timely withdrawal in the (c) * * * profits attributable to the CFC1 stock Federal Register. EPA received timely (347) * * * immediately before the liquidation (100% of adverse comments. Consequently, with (i) * * * the $200 accumulated earnings and profits of this revision we are withdrawing the (A) * * * CFC1 and 100% of CFC2’s ($200) deficit in direct final approval of SJVAPCD Rule (1) Rule 4307, adopted on April 20, earnings and profits) and the amount of 4352. EPA will either address the 2006. earnings and profits accumulated after the comments in a subsequent final action * * * * * section 332 liquidation (see also section based on the parallel proposal also [FR Doc. E7–14679 Filed 7–27–07; 8:45 am] 1248(c)(2)). published on May 30, 2007 (72 FR BILLING CODE 6560–50–P 29901), or repropose an alternative (d) Effective/applicability date. This action. As stated in the parallel section applies to income inclusions proposal, EPA will not institute a ENVIRONMENTAL PROTECTION that occur on or after July 30, 2007. second comment period on a AGENCY Kevin M. Brown, subsequent final action. The other rules approved in the May 30, 2007 direct 40 CFR Part 52 Deputy Commissioner for Services and Enforcement. final action, SJVAPCD Rules 4307, 4308, [EPA–R05–OAR–2007–0292; FRL–8442–9] 4309, and 4905, are not affected by this Approved: July 16, 2007. partial withdrawal and are incorporated Approval and Promulgation of Air Eric Solomon, into the SIP as of the effective date of Quality Implementation Plans; Indiana Assistant Secretary of the Treasury (Tax the May 30, 2007 direct final action. Policy). AGENCY: Environmental Protection DATES: This rule and withdrawal are Agency (EPA). [FR Doc. E7–14466 Filed 7–27–07; 8:45 am] effective July 30, 2007. ACTION: Direct final rule. BILLING CODE 4830–01–P ADDRESSES: EPA has established docket number EPA–R09–OAR–2007–0236 for SUMMARY: EPA is approving Indiana’s this action. The index to the docket is requests to amend its State available electronically at http:// Implementation Plan (SIP) for control of www.regulations.gov and in hard copy particulate matter in 326 IAC 6.5–7–13. at EPA Region IX, 75 Hawthorne Street, Indiana submitted the SIP revision San Francisco, California. While all requests to EPA on November 1, 2005 documents in the docket are listed in and March 20, 2007. The revisions the index, some information may be would change the source name from St.

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Mary’s to Holy Cross Services and included as part of the comment Title 326 of the Indiana Administrative Corporation (Saint Mary’s Campus), and that is placed in the public docket and Code (IAC), Rule 6.5–7, Section 13, to clarify and revise existing particulate made available on the Internet. If you clarify and amend existing PM emission matter (PM) emission limits for the submit an electronic comment, EPA limits. They also change the source boilers at that source to reflect current recommends that you include your name from St. Mary’s to Holy Cross operating conditions. These revisions name and other contact information in Services Corporation (Saint Mary’s will not result in an increase in PM. the body of your comment and with any Campus). DATES: This direct final rule will be disk or CD–ROM you submit. If EPA Indiana held public hearings on these effective September 28, 2007, unless cannot read your comment due to revisions February 2, and June 1, 2005; EPA receives adverse comments by technical difficulties and cannot contact June 7, and August 2, 2006. August 29, 2007. If adverse comments you for clarification, EPA may not be III. What Are the Changes From the are received, EPA will publish a timely able to consider your comment. Current Rule? withdrawal of the direct final rule in the Electronic files should avoid the use of On March 22, 2006 (71 FR 14383), Federal Register informing the public special characters, any form of EPA published a direct final rule that the rule will not take effect. encryption, and be free of any defects or viruses. approving revisions to the Indiana SIP ADDRESSES: Submit your comments, Docket: All documents in the docket in 326 IAC 6.5–7 to relocate and identified by Docket ID No. EPA–R05– are listed in the http:// recodify PM emission limits for all OAR–2007–0292, by one of the www.regulations.gov index. Although sources in St. Joseph County, Indiana. following methods: listed in the index, some information is Today’s action revises 326 IAC 6.5–7, 1. http://www.regulations.gov: Follow not publicly available, e.g., CBI or other Section 13, which contains particulate the on-line instructions for submitting information whose disclosure is emission limits for the boilers at St. comments. restricted by statute. Certain other Mary’s College in Notre Dame, Indiana, 2. E-mail: [email protected]. material, such as copyrighted material, to reflect current operating conditions 3. Fax: (312) 886–5824. will be publicly available only in hard and ownership by Holy Cross Services 4. Mail: John M. Mooney, Chief, copy. Publicly available docket Corporation of those boilers. Criteria Pollutant Section, Air Programs materials are available either Currently, SIP rule 326 IAC 6.5–7–13 Branch (AR–18J), U.S. Environmental electronically in http:// identifies St. Mary’s College as the Protection Agency, 77 West Jackson www.regulations.gov or in hard copy at owner, operator and permittee of the Boulevard, Chicago, Illinois 60604. the Environmental Protection Agency, subject boilers. It also incorrectly lists 5. Hand Delivery: John M. Mooney, Region 5, Air and Radiation Division, 77 boiler number 1 as 100% natural gas- Chief, Criteria Pollutant Section, Air West Jackson Boulevard, Chicago, fired, and boilers number 2 and 3 as Programs Branch (AR–18J), U.S. Illinois 60604. This Facility is open coal-fired. According to Indiana, Environmental Protection Agency, 77 from 8:30 a.m. to 4:30 p.m., Monday however, boilers numbers 1 and 2 are West Jackson Boulevard, Chicago, through Friday, excluding legal actually gas-fired, with the capability of Illinois 60604. Such deliveries are only holidays. We recommend that you burning number 2 fuel oil as a back-up, accepted during the Regional Office telephone Charles Hatten, while boiler number 3 exclusively burns normal hours of operation, and special Environmental Engineer, at (312) 886– natural gas. The revised rule corrects arrangements should be made for 6031 before visiting the Region 5 office. this error. It also tightens the applicable deliveries of boxed information. The FOR FURTHER INFORMATION CONTACT: PM limits for the two boilers that have Regional Office official hours of Charles Hatten, Environmental oil-burning capability (boilers number 1 business are Monday through Friday, and 2): from 0.110 lbs/MMBTU (12.90 8:30 a.m. to 4:30 p.m. excluding Federal Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), tons/year) to 0.014 lbs/MMBTU (3.9 holidays. tons/year). Instructions: Direct your comments to Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Finally, the SIP revision amends 326 Docket ID No. EPA–R05–OAR–2007– IAC 6.5–7–13 by correctly identifying 0292. EPA’s policy is that all comments Chicago, Illinois 60604, (312) 886–6031, [email protected]. the owner, operator and permittee of the received will be included in the public St. Mary’s boilers as Holy Cross SUPPLEMENTARY INFORMATION: docket without change and may be Services. made available online at http:// Throughout this document whenever www.regulations.gov, including any ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean IV. What Action is EPA Taking? personal information provided, unless EPA. This supplementary information EPA is approving source-specific the comment includes information section is arranged as follows: revisions to Indiana’s PM SIP in 326 claimed to be Confidential Business I. To Whom Does This Action Apply? IAC 6.5–7 to change the name of the Information (CBI) or other information II. What Is EPA Approving? owner, operator and permittee of the whose disclosure is restricted by statute. III. What Are the Changes from the Current three boilers at St. Mary’s College to Do not submit information that you Rule? Holy Cross Services Corporation (Saint IV. What Action Is EPA Taking? consider to be CBI or otherwise V. Statutory and Executive Order Reviews. Mary’s Campus), and to revise the PM protected through http:// limits to reflect current operating www.regulations.gov or e-mail. The I. To Whom Does This Action Apply? conditions of the boilers at St. Mary’s http://www.regulations.gov Web site is This action applies to Holy Cross College. an ‘‘anonymous access’’ system, which Services Corporation (Saint Mary’s We are publishing this action without means EPA will not know your identity Campus), Notre Dame, Indiana. prior proposal because we view this as or contact information unless you a noncontroversial amendment and provide it in the body of your comment. II. What Is EPA Approving? anticipate no adverse comments. If you send an e-mail comment directly EPA is approving revisions to However, in the proposed rules section to EPA without going through http:// Indiana’s PM SIP for the three boilers of this Federal Register publication, we www.regulations.gov, your e-mail located in St. Joseph County, Notre are publishing a separate document that address will be automatically captured Dame, Indiana. The revisions address will serve as the proposal to approve the

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state plan if relevant adverse written Executive Order 13175: Consultation Congressional Review Act comments are filed. This rule will be and Coordination With Indian Tribal The Congressional Review Act, 5 effective September 28, 2007 without Governments U.S.C. 801 et seq., as added by the Small further notice unless we receive relevant This rule also does not have tribal Business Regulatory Enforcement adverse written comments by August implications because it will not have a Fairness Act of 1996, generally provides 29, 2007. If we receive such comments, substantial direct effect on one or more that before a rule may take effect, the we will withdraw this action before the Indian tribes, on the relationship agency promulgating the rule must effective date by publishing a between the Federal Government and submit a rule report, which includes a subsequent document that will Indian tribes, or on the distribution of copy of the rule, to each House of the withdraw the final action. All public power and responsibilities between the Congress and to the Comptroller General comments received will then be Federal Government and Indian tribes, of the United States. EPA will submit a addressed in a subsequent final rule as specified by Executive Order 13175 report containing this rule and other based on the proposed action. The EPA (59 FR 22951, November 9, 2000). required information to the U.S. Senate, will not institute a second comment the U.S. House of Representatives, and Executive Order 13132: Federalism period. Any parties interested in the Comptroller General of the United commenting on this action should do so This action also does not have States prior to publication of the rule in at this time. If we do not receive any Federalism implications because it does the Federal Register. A major rule comments, this action will be effective not have substantial direct effects on the cannot take effect until 60 days after it September 28, 2007. states, on the relationship between the is published in the Federal Register. V. Statutory and Executive Order national government and the states, or This action is not a ‘‘major rule’’ as Reviews on the distribution of power and defined by 5 U.S.C. section 804(2). responsibilities among the various Under section 307(b)(1) of the CAA, Executive Order 12866: Regulatory levels of government, as specified in petitions for judicial review of this Planning and Review Executive Order 13132 (64 FR 43255, action must be filed in the United States August 10, 1999). This action merely Court of Appeals for the appropriate Under Executive Order 12866 (58 FR approves a state rule implementing a circuit by September 28, 2007. Filing a 51735, October 4, 1993), this action is Federal standard, and does not alter the petition for reconsideration by the not a ‘‘significant regulatory action’’ relationship or the distribution of power Administrator of this final rule does not and, therefore, is not subject to review and responsibilities established in the affect the finality of this rule for the by the Office of Management and Clean Air Act (CAA). purposes of judicial review nor does it Budget. extend the time within which a petition Executive Order 13045: Protection of for judicial review may be filed, and Executive Order 13211: Actions That Children From Environmental Health shall not postpone the effectiveness of Significantly Affect Energy Supply, and Safety Risks Distribution, or Use such rule or action. This action may not This rule also is not subject to be challenged later in proceedings to Because it is not a ‘‘significant Executive Order 13045 ‘‘Protection of enforce its requirements. (See section regulatory action’’ under Executive Children from Environmental Health 307(b)(2).) Risks and Safety Risks’’ (62 FR 19885, Order 12866 or a ‘‘significant energy List of Subjects in 40 CFR Part 52 action,’’ this action is also not subject to April 23, 1997), because it approves a Executive Order 13211, ‘‘Actions state rule implementing a Federal Environmental protection, Air Concerning Regulations That Standard. pollution control, Incorporation by reference, Intergovernmental relations, Significantly Affect Energy Supply, National Technology Transfer PM, Reporting and recordkeeping Distribution, or Use’’ (66 FR 28355, May Advancement Act 22, 2001). requirements. In reviewing SIP submissions, EPA’s Dated: July 11, 2007. Regulatory Flexibility Act role is to approve state choices, Bharat Mathur, provided that they meet the criteria of This action merely approves state law the CAA. In this context, in the absence Acting Regional Administrator, Region 5. as meeting Federal requirements and of a prior existing requirement for the I For the reasons stated in the preamble, imposes no additional requirements state to use voluntary consensus part 52, chapter I, of title 40 of the Code beyond those imposed by state law. standards (VCS), EPA has no authority of Federal Regulations is amended as Accordingly, the Administrator certifies to disapprove a SIP submission for follows: that this rule will not have a significant failure to use VCS. It would thus be economic impact on a substantial inconsistent with applicable law for PART 52—[AMENDED] number of small entities under the EPA, when it reviews a SIP submission, I Regulatory Flexibility Act (5 U.S.C. 601 1. The authority citation for part 52 to use VCS in place of a SIP submission continues to read as follows: et seq.). that otherwise satisfies the provisions of Authority: 42 U.S.C. 7401 et seq. Unfunded Mandates Reform Act the CAA. Thus, the requirements of section 12(d) of the National Subpart P—Indiana Because this rule approves pre- Technology Transfer and Advancement existing requirements under state law Act of 1995 (15 U.S.C. 272 note) do not I 2. § 52.770 is amended by adding and does not impose any additional apply. paragraph (c)(180) to read as follows: enforceable duty beyond that required by state law, it does not contain any Paperwork Reduction Act § 52.770 Identification of plan. unfunded mandate or significantly or This rule does not impose an * * * * * uniquely affect small governments, as information collection burden under the (c) * * * described in the Unfunded Mandates provisions of the Paperwork Reduction (180) On November 1, 2005, and Reform Act of 1995 (Pub. L. 104–4). Act of 1995 (44 U.S.C. 3501 et seq.). supplemented on March 20, 2007, the

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State of Indiana submitted a source revision. Upon the effective date of personal information provided, unless specific revision to its state approval of the Texas CAIR NOX the comment includes information implementation plan for control of Annual Abbreviated SIP revision, EPA claimed to be Confidential Business particulate matter in Title 326 of the by ministerial action will note in the Information (CBI) or other information Indiana Administrative Code (IAC), Texas CAIR NOX Annual Federal the disclosure of which is restricted by Rule 6.5–7, Section 13, which contains Implementation Plan’s (FIP) statute. Do not submit information particulate matter emission limits for incorporated regulations that the Texas through http://www.regulations.gov or Holy Cross Services Corporation, to rules for annual NOX allowances under e-mail, if you believe that it is CBI or reflect current operating conditions of Phase 1 of CAIR and allocating otherwise protected from disclosure. the boilers at St. Mary’s College, located allowances from the CSP apply, rather The http://www.regulations.gov Web in Notre Dame, Indiana. The revision in than the Federal FIP rules. site is an ‘‘anonymous access’’ system, 326 IAC 6.5–7–13 also changes the The intended effect of this action is to which means that EPA will not know source name from St. Mary’s to Holy reduce NOX emissions from the State of your identity or contact information Cross Services Corporation (Saint Texas that are contributing to unless you provide it in the body of Mary’s Campus). nonattainment of the PM2.5 National your comment. If you send an e-mail (i) Incorporation by reference. Indiana Ambient Air Quality Standard (NAAQS comment directly to EPA without going Administrative Code Title 326: Air or standard) in downwind states. This through http://www.regulations.gov, Pollution Control Board, Article 6.5: PM action is being taken under section 110 your e-mail address will be Limitations Except Lake County, Rule 7: of the Federal Clean Air Act (the Act or automatically captured and included as St. Joseph County, Section 13: Holy CAA). part of the comment that is placed in the Cross Services Corporation (Saint DATES: This rule is effective on public docket and made available on the Mary’s Campus). Approved by the September 28, 2007 without further Internet. If you submit an electronic Attorney General January 18, 2007. notice, unless EPA receives relevant comment, EPA recommends that you Approved by the Governor January 23, adverse comment by August 29, 2007. If include your name and other contact 2007. Filed with the Publisher January EPA receives such comment, EPA will information in the body of your 26, 2007. Published on the Indiana publish a timely withdrawal in the comment along with any disk or CD– Register Web site February 14, 2007, Federal Register informing the public ROM submitted. If EPA cannot read Document Identification Number that this rule will not take effect. your comment due to technical (DIN):20070214–IR–326060121FRA. ADDRESSES: difficulties and cannot contact you for Effective February 25, 2007. Submit your comments, identified by Docket ID No. EPA–R06– clarification, EPA may not be able to * * * * * OAR–2007–0252, by one of the consider your comment. Electronic files [FR Doc. E7–14476 Filed 7–27–07; 8:45 am] following methods: should avoid the use of special BILLING CODE 6560–50–P (1) http://www.regulations.gov : characters and any form of encryption Follow the on-line instructions for and should be free of any defects or submitting comments. viruses. For additional information ENVIRONMENTAL PROTECTION (2) E-mail: Mr. Jeff Robinson at about EPA’s public docket, visit the EPA AGENCY [email protected]. Please also cc Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. 40 CFR Parts 52 and 97 the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below. Docket: All documents in the docket [EPA–R06–OAR–2007–0252; FRL–8446–3] (3) U.S. EPA Region 6 ‘‘Contact Us’’ are listed in the http:// Web site: http://epa.gov/region6/ www.regulations.gov index. Although Approval and Promulgation of r6coment.htm. Please click on ‘‘6PD’’ listed in the index, some information is Implementation Plans; Texas; Clean (Multimedia) and select ‘‘Air’’ before not publicly available, e.g., CBI or other Air Interstate Rule Nitrogen Oxides submitting comments. information the disclosure of which is Annual Trading Program (4) Fax: Mr. Jeff Robinson, Chief, Air restricted by statute. Certain other AGENCY: Environmental Protection Permits Section (6PD–R), at fax number material, such as copyrighted material, Agency (EPA). 214–665–6762. will be publicly available only in hard ACTION: Direct final rule. (5) Mail: Mr. Jeff Robinson, Chief, Air copy. Publicly available docket Permits Section (6PD–R), Environmental materials are available either SUMMARY: EPA is taking a direct final Protection Agency, 1445 Ross Avenue, electronically in http;// action to approve a revision to the Texas Suite 1200, Dallas, Texas 75202–2733. www.regulations.gov or in hard copy at State Implementation Plan (SIP) (6) Hand or Courier Delivery: Mr. Jeff the Air Permits Section (6PD–R), submitted by the State of Texas on Robinson, Chief, Air Permits Section Environmental Protection Agency, 1445 August 4, 2006, as the Texas Clean Air (6PD–R), Environmental Protection Ross Avenue, Suite 700, Dallas, Texas Interstate Rule (CAIR) Nitrogen Oxides Agency, 1445 Ross Avenue, Suite 1200, 75202–2733. The file will be made (NOX) Annual Abbreviated SIP. The Dallas, Texas 75202–2733. Such available by appointment for public abbreviated SIP revision EPA is deliveries are accepted only between the inspection in the Region 6 FOIA Review approving includes the Texas hours of 8:30 a.m. and 4:30 p.m. Room between the hours of 8:30 a.m. methodologies for allocation of annual weekdays except for legal holidays. and 4:30 p.m. weekdays except for legal NOX allowances for Phase 1 of CAIR, Special arrangements should be made holidays. Contact the person listed in the control periods 2009 through 2014, for deliveries of boxed information. the FOR FURTHER INFORMATION CONTACT and for allocating allowances from the Instructions: Direct your comments to paragraph below to make an compliance supplement pool (CSP) in Docket ID No. EPA–R06–OAR–2007– appointment. If possible, please make the CAIR NOX annual trading program. 0252. EPA’s policy is that all comments the appointment at least two working EPA has determined that the Texas received will be included in the public days in advance of your visit. A 15 cent CAIR NOX Annual Abbreviated SIP docket without change and may be per page fee will be charged for making revision satisfies the applicable made available online at http:// photocopies of documents. On the day requirements of a CAIR abbreviated SIP www.regulations.gov, including any of the visit, please check in at the EPA

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Region 6 reception area on the seventh the CAIR NOX annual trading program, Texas rules for annual NOX allowances floor at 1445 Ross Avenue, Suite 700, as an abbreviated revision to the Texas would apply, rather than the Federal Dallas, Texas. SIP. EPA is approving the Texas rules, upon the effective date of The State submittal related to this SIP abbreviated SIP revision as meeting 40 approval. revision, and which is part of the EPA CFR 51.123(p)(1) and (p)(2). We will be We are publishing this rule without docket, is also available for public taking action on the remaining parts of prior proposal because we view this as inspection at the State Air Agency listed the Texas NOX Annual and SO2 CAIR a noncontroversial amendment and below during official business hours by SIP revision submittal at a later date and anticipate no relevant adverse appointment: in future Federal Registers. Texas is not comments. However, in the proposed Texas Commission on Environmental subject to the CAIR NOX ozone season rules section of this Federal Register Quality, Office of Air Quality, 12124 trading program. Please see the publication, we are publishing a Park 35 Circle, Austin, Texas 78753. Technical Support Document (TSD) for separate document that will serve as the FOR FURTHER INFORMATION CONTACT: If further information. The TSD is proposal to approve the SIP revision if you have questions concerning today’s available as specified in the section of relevant adverse comments are received. proposal, please contact Ms. Adina this document identified as ADDRESSES. This rule will be effective on September Wiley (6PD–R), Air Permits Section, The provisions of the Texas CAIR 28, 2007 without further notice unless Environmental Protection Agency, NOX Annual Federal Implementation we receive relevant adverse comment by Region 6, 1445 Ross Avenue (6PD–R), Plan (FIP) at 40 CFR 52.2283 require August 29, 2007. If we receive relevant Suite 1200, Dallas, TX 75202–2733. The owners and operators of NOX sources adverse comments, we will publish a telephone number is (214) 665–2115. located in Texas to meet the Federal timely withdrawal in the Federal Ms. Wiley can also be reached via NOX annual trading program found at Register informing the public that the electronic mail at [email protected]. 40 CFR part 97. This Federal trading rule will not take effect. We will address program’s rules include provisions at 40 all public comments in a subsequent SUPPLEMENTARY INFORMATION: CFR 97.144(a) and (b) that if EPA final rule based on the proposed rule. Throughout this document wherever, approves the Texas abbreviated SIP We will not institute a second comment any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is revision for NOX annual and CSP period on this action. Any parties used, we mean EPA. allocation methodologies, then the interested in commenting must do so Federal NO annual and CSP allocation now. Please note that if we receive Table of Contents X methodologies no longer apply. Instead, adverse comment on an amendment, I. What Action is EPA Taking? if EPA approves the Texas NOX annual paragraph, or section of this rule and if II. What is the Regulatory History of CAIR allocation methodology into the Texas that provision may be severed from the and the CAIR FIP? III. What are the General Requirements of SIP, then EPA under 40 CFR 52.2283 remainder of the rule, we may adopt as CAIR and the CAIR FIP? and 97.144(a) will not make allocations final those provisions of the rule that are IV. What are the Types of CAIR SIP for the CAIR NOX sources in Texas but not the subject of an adverse comment. will use the Texas SIP rules for Submittals? II. What Is the Regulatory History of the allocating annual NO allowances to V. What is EPA’s Analysis of the Texas CAIR X CAIR and the CAIR FIP? NOX Annual Abbreviated SIP Submittal? sources in Texas for Phase 1 of CAIR A. State Budget for NOX Annual Allowance (2009–2014). The Texas NOX EPA promulgated the CAIR on May Allocations methodology for allocating the CSP in 12, 2005 (70 FR 25162). In this rule, B. CAIR NOX Annual Cap-and-Trade the CAIR NOX Annual Trading Program EPA determined that 28 States and the Programs will be used to allocate allowances from District of Columbia contribute C. Applicability Provisions for non-EGU the CSP, instead of the federal significantly to nonattainment and NOX SIP Call Sources interfere with maintenance of the D. NO Annual Allowance Allocations methodology for allocating allowances X national ambient air quality standards E. Allocation of NOX Allowances from the from the CSP. EPA under 40 CFR Compliance Supplement Pool 52.2283 and 97.144(b) will not make (NAAQS) for fine particles (PM2.5) and/ F. Individual Opt-in Units allocations for the CSP for CAIR NOX or 8-hour ozone in downwind States in VI. Final Action sources in Texas and will record the the eastern part of the country. As a VII. Statutory and Executive Order Reviews allocations of the Texas CSP made result, EPA required those upwind States to revise their SIPs to include I. What Action is EPA Taking? under the approved SIP revision. If EPA’s direct final action approving control measures that reduce emissions On April 4, 2006, the State of Texas the Texas abbreviated SIP becomes of SO2, which is a precursor to PM2.5 submitted a revision to the Texas SIP. effective, then EPA is not required to formation, and/or NOX, which is a The submittal consists of new take any rulemaking action to change precursor to both ozone and PM2.5 regulations to implement the NOX the Federal CAIR NOX annual trading formation. For jurisdictions that Annual and SO2 CAIR programs in the program in 40 CFR part 97 or to change contribute significantly to downwind state. The affected state regulations that the Texas CAIR FIP for NOX annual PM2.5 nonattainment, CAIR sets annual we are approving today as part of the emissions in 40 CFR 52.2283. Rather State-wide emission reduction Texas CAIR NOX Annual Abbreviated EPA, by ministerial action, simply notes requirements (i.e., budgets) for SO2 and SIP are 30 TAC, Chapter 101, in Appendix A, 1 and 2, to Subpart EE annual State-wide emission reduction Subchapter H, Division 7, sections of 40 CFR part 97, that Texas has an requirements for NOX. Similarly, for 101.503, 101.504(a)(1), 101.504(b), approved SIP revision for NOX annual jurisdictions that contribute 101.506(a)(1), 101.506(b)(1), 101.506(c)– allowances for Phase 1 and for NOX significantly to 8-hour ozone (f), and 101.508. EPA is taking a direct allowance allocations from the Texas nonattainment, CAIR sets statewide final action to approve the State’s NOX CSP. Since the Federal CAIR NOX emission reduction requirements for annual allocation methodology for annual trading program’s rules at 40 NOX for the ozone season (defined at 40 Phase 1 (the control periods 2009 CFR part 97 provide for automatic CFR 97.302 as May 1st to September through 2014) and the State’s revision of the Texas CAIR FIP for 30th). Under CAIR, States may methodology for allocating the annual NOX emissions upon approval of implement these emission budgets by compliance supplement pool (CSP) in such an abbreviated SIP revision, the participating in the EPA-administered

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cap-and-trade programs or by adopting On April 28, 2006, EPA published choose to meet the CAIR requirements and submitting for EPA approval any two more CAIR-related final rules that by selecting an option that requires other control measures. added the States of Delaware and New EGUs to participate in the EPA- EPA found that Texas significantly Jersey to the list of States subject to administered CAIR cap-and-trade contributed to nonattainment of the CAIR for PM2.5 and announced EPA’s programs. For such States, EPA has PM2.5 standard in Illinois, resulting in final decisions on reconsideration of provided two approaches for submitting Texas being subject to the SO2 and five issues without making any and obtaining approval for CAIR SIP annual NOX requirements of CAIR. substantive changes to the CAIR revisions. States may submit full SIP There are no punitive consequences for requirements. On December 13, 2006, revisions that adopt the model CAIR Texas failing to submit SO2 and NOX EPA published minor, non-substantive cap-and-trade rules. If approved, these Annual CAIR SIPs. revisions that serve to clarify CAIR and SIP revisions will fully replace the CAIR CAIR sets forth what must be the CAIR FIP. FIPs. Alternatively, States may submit included in SIPs to address the abbreviated SIP revisions. The requirements of section 110(a)(2)(D) of III. What Are the General Requirements of CAIR and the CAIR FIP? provisions in the abbreviated SIP the Act with regard to interstate revision, if approved into a State’s SIP, transport for the 8-hour ozone and PM2.5 CAIR establishes State-wide emission will not replace that State’s CAIR FIP; NAAQS. EPA made national findings, budgets for SO2 and NOX and is to be however, the requirements for the CAIR effective May 25, 2005, that the affected implemented in two phases. The first FIPs at 40 CFR part 52 incorporate the States had failed to submit SIPs meeting phase of NOX reductions starts in 2009 provisions of the Federal CAIR trading the requirements of section 110(a)(2)(D). and continues through 2014, while the programs in 40 CFR part 97. The Federal The SIPs were due in July 2000, 3 years first phase of SO2 reductions starts in CAIR trading programs in 40 CFR part after the promulgation of the 8-hour 2010 and continues through 2014. The 97 provide that whenever EPA approves ozone and PM2.5 NAAQS. These May second phase of reductions for both an abbreviated SIP revision, the 25, 2005, findings started a 2-year clock NOX and SO2 starts in 2015 and provisions in the abbreviated SIP for EPA to promulgate a FIP to address continues thereafter. CAIR requires revision will be used in place of or in the requirements of section 110(a)(2)(D). States to implement the budgets by conjunction with, as appropriate, the Under CAA section 110(c)(1), EPA may either: (1) Requiring EGUs to participate corresponding provisions in 40 CFR part issue a FIP anytime after such findings in the EPA-administered cap-and-trade 97 of the State’s CAIR FIP (e.g., the NOX are made and must do so within two programs: or, (2) adopting other control allowance allocation methodology). years unless a SIP revision correcting measures of the State’s choosing and A State submitting an abbreviated SIP the deficiency is approved by EPA demonstrating that such control revision, may submit limited SIP before the FIP is promulgated. measures will result in compliance with revisions to tailor the CAIR FIP’s cap- On April 28, 2006, EPA promulgated the applicable State SO2 and NOX and-trade programs to the state FIPs for all States covered by CAIR in budgets. submitting the revision. An abbreviated order to ensure the emissions reductions The May 12, 2005 and April 28, 2006 SIP revision may establish certain required by CAIR are achieved on CAIR rules provide model rules that applicability and allowance allocation schedule. See 40 CFR 52.35 and 52.36. States must adopt (with certain limited provisions instead of or in conjunction Each CAIR State is subject to the FIP changes, if desired) if they want to with the corresponding provisions in until the State fully adopts, and EPA participate in the EPA-administered the CAIR FIP’s rules in that State. approves, a SIP revision meeting the trading programs. The December 13, Specifically, an abbreviated SIP revision requirements of CAIR. The CAIR FIPs 2006, revisions to CAIR and the CAIR may: require certain EGUs to participate in FIPs were non-substantive and, (1) Include NOX SIP Call trading the EPA-administered CAIR SO2, NOX therefore, do not affect EPA’s evaluation sources that are not EGUs under CAIR annual, and NOX ozone-season trading of a State’s SIP revision. programs, as appropriate, found at 40 With two exceptions, only States that in the CAIR FIP’s NOX ozone season trading program; CFR part 97. The CAIR FIPs’ SO2, NOX choose to meet the requirements of (2) Provide for allocation of NOX annual, and NOX ozone season trading CAIR through methods that exclusively programs impose essentially the same regulate EGUs are allowed to participate annual or ozone season allowances by requirements as, and are integrated in the EPA-administered trading the State, rather than the Administrator, with, the respective CAIR SIP trading programs. One exception is for States and using a methodology chosen by the programs. The integration of the CAIR that adopt the opt-in provisions of the State; FIP and SIP trading programs means model rules to allow non-EGUs (3) Provide for allocation of NOX that these trading programs will work individually to opt into the EPA- annual allowances from the CSP by the together to create effectively a single administered trading programs. The State, rather than by the Administrator, trading program for each regulated other exception is for States that include and using the State’s choice of allowed, alternative methodologies; or pollutant (SO2, NOX annual, and NOX all non-EGUs from their NO SIP Call X (4) Allow units that are not otherwise ozone season) in all States covered by trading programs in their CAIR NOX the CAIR FIPs’ or SIPs’ trading program ozone season trading programs. Texas CAIR units to opt individually into the for that pollutant. The CAIR FIPs also was not subject to the NO SIP Call and CAIR FIP’s cap-and-trade programs X under the opt-in provisions in the CAIR allow States to submit abbreviated SIP is not subject to the NOX ozone season revisions that, if approved by EPA, will requirements of CAIR; therefore, the FIP’s rules. automatically replace or supplement the second exception is not applicable. With approval of an abbreviated SIP corresponding CAIR FIP provisions revision, the State’s CAIR FIP remains (e.g., the methodology for allocating IV. What Are the Types of CAIR SIP in place, as tailored to sources in that Submittals? NOX allowances to sources in the state), State by the approved SIP revision. while the CAIR FIPs remain in place for States have the flexibility to choose Abbreviated SIP revisions can be all other provisions. See 40 CFR the type of control measures they will submitted in lieu of, or as part of, CAIR 51.123(p)(1)–(3), 71 FR 25328 and 25339 use to meet the requirements of CAIR. full SIP revisions. States may want to (April 28, 2006). EPA anticipates that most States will designate part of their full SIP as an

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abbreviated SIP for EPA to act on first CFR part 96 subparts A through I. While fuel factors of 1.0 for coal, 0.6 for oil, when the timing of the State’s the provisions of the NOX annual FIPs and 0.4 for other fuels. The CAIR model submission might not provide EPA with are similar, there are some differences. trading rules and the CAIR FIPs’ NOX sufficient time to approve the full SIP For example, the NOX Annual FIPs annual trading program also provide a prior to the deadline for recording NOX provide for a CSP, which is discussed new unit set-aside from which units allocations. This will help ensure that below and under which allowances may without five years of operation are the elements of the trading programs be awarded for early reductions of NOX allocated allowances based on the units’ where flexibility is allowed are annual emissions. prior year emissions. implemented according to the State’s EPA used the CAIR model trading The CAIR FIPs’ provisions provide decisions. Submission of an abbreviated rules as the basis for the SO2, NOX States with the flexibility to establish a SIP revision does not preclude future annual, and NOX ozone season trading different NOX allowance allocation submission of a CAIR full SIP revision. programs incorporated by reference into methodology that will be used to In this case, Texas asked EPA to process the States’ CAIR FIPs. The CAIR FIPs’ allocate allowances to sources in a State the submittal as an abbreviated SIP trading programs’ rules are virtually if certain requirements are met revision while the Texas Legislature identical to the CAIR model trading concerning the timing of submission of considered changes in the State’s CAIR rules, with changes made to account for units’ allocations to the Administrator authority. Texas anticipates submitting federal rather than state for recordation and the total amount of a revised NOX and SO2 CAIR SIP later implementation. The CAIR model SO2, allowances allocated for each control for full approval by EPA. NOX annual trading, and NOX ozone period. In adopting alternative NOX season trading rules and the respective allowance allocation methodologies, V. What Is EPA’s Analysis of Texas’s CAIR FIPs’ trading programs are States have flexibility with regard to: CAIR NOX Annual Abbreviated SIP designed to work together as integrated (1) The cost to recipients of the Submittal? SO2, NOX annual, and NOX ozone allowances, which may be distributed season trading programs. for free or auctioned; A. State Budget for NOX Annual Allowance Allocations Texas is subject to the CAIR FIP for (2) The frequency of allocations; PM2.5. This PM2.5 CAIR FIP for Texas, 40 (3) The basis for allocating The CAIR NOX annual budget for CFR 52.2283 and 52.2284, requires allowances, which may be distributed, Texas was developed from historical owners or operators of each NOX and for example, based on historical heat heat input data for EGUs. Using these SO2 source located in Texas to meet the input or electric and thermal output; data, EPA calculated annual regional requirements of the Federal CAIR NOX and heat input values, which were Annual and SO2 Trading Programs in 40 (4) The use of allowance set-asides multiplied by 0.15 lb/mmBtu, for phase CFR part 97. Consistent with the and, if used, their size. 1, and 0.125 lb/mmBtu, for phase 2, to flexibility given to States, States may Consistent with the flexibility given to obtain regional NOX budgets for 2009– submit abbreviated SIP revisions that States in their CAIR FIPs’ provisions, 2014 and for 2015 and thereafter, will replace or supplement, as Texas has chosen to replace the respectively. EPA derived the Texas appropriate, certain provisions of its provisions of the Texas CAIR NOX NOX annual budget from the regional CAIR FIP’s trading programs. The Annual FIP concerning the allocation of budgets using Texas heat input data August 4, 2006, submission from Texas NOX annual allowances for Phase 1 adjusted by fuel factors. is such an abbreviated SIP revision and (2009–2014) with its own methodology. The CAIR SIP requirements and the is for the NOX annual trading program. The Texas Commission on Texas CAIR NOX annual FIP establish Environmental Quality was directed by the budgets for Texas as 181,014 tons of C. Applicability Provisions for Non-EGU House Bill 2481 of the 79th Texas NOX annual emissions for 2009–2014 NOX SIP Call Sources Legislature to establish regulations that and 150,845 tons of NOX annual In general, the CAIR FIPs’ trading will allocate NOX allowances at no cost emissions in 2015 and thereafter. programs apply to any stationary, fossil- to the CAIR subject units in Texas. Texas’s submitted rules at 30 TAC, fuel-fired boiler or stationary, fossil- Accordingly, the TCEQ has adopted Chapter 101, Subchapter H, Division 7, fuel-fired combustion turbine serving at provisions establishing the annual NOX section 101.503(a) establish that the any time, since the later of November allocation methodology at 30 TAC, Texas NOX annual budgets are as listed 15, 1990 or the start-up of the unit’s Chapter 101, Subchapter H, Division 7, in 40 CFR 51.123 and 96.140 (181,014 combustion chamber, a generator with sections 101.503, 101.504, and 101.506. tons in 2009–2014 and 150,845 tons in nameplate capacity of more than 25 Section 101.503(a) establishes that the 2015 and thereafter). The Texas MWe producing electricity for sale. Texas NOX Annual budgets are as listed abbreviated SIP revision, being Because Texas was not included in the in 40 CFR 96.140 (181,014 tons in 2009– approved today, does not affect these NOX SIP Call trading program and is not 2014 and 150,845 tons in 2015 and budgets, which are total amounts of subject to the NOX ozone season thereafter). Additionally, section allowances available for allocation for provisions of CAIR, Texas does not have 101.503(b) establishes that the Texas each year under the EPA-administered or need the option of expanding the NOX Annual Trading Program will have cap-and-trade programs under the Texas applicability provisions of the CAIR a new unit set-aside of 9.5 percent of the CAIR NOX Annual FIP. In short, the NOX Ozone Season Trading Program. NOX trading budget for both Phase 1 Texas abbreviated SIP revision only and Phase 2 of CAIR. (We are not taking D. NOX Annual Allowance Allocations affects allocations of NOX annual action today on the Phase 2 allowance allowances under the established budget Under the NOX allowance allocation allocation methodology. Please see the for 2009–2014. methodology in the CAIR model trading TSD for further information.) rules and in the CAIR FIPs’ NOX annual Section 101.504 establishes the dates B. CAIR NOX Annual Cap-and-Trade trading program, NOX annual by which the TCEQ Executive Director Program allowances are allocated to units that must submit NOX annual allocations to The CAIR NOX annual FIPs for the have operated for five years, based on EPA for recordation in CAIR compliance States largely mirror the structure of the heat input data from a three-year period accounts. Per section 101.504(a)(1), the NOX SIP Call model-trading rule in 40 that are adjusted for fuel type by using TCEQ Executive Director will submit

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NOX allowances for units commencing new unit set-aside after the TCEQ allowances may be allocated, upon operation before January 1, 2001 Executive Director has made allocations request by a CAIR unit’s designated (referred to as existing units), by to the new units, the Executive Director representative, to (1) A unit that has October 31, 2006 for the 2009–2014 will proportionally allocate the made early NOX emission reductions in control periods. Allocations for these remaining allowances to existing units 2007 and 2008, or (2) to a CAIR unit existing units will be distributed according to the provisions of section whose compliance during the 2009 proportionally based on the unit’s share 101.506(e). Like the requirements for the control period would create an undue of the total baseline heat input existing units, the Texas allocation risk to the reliability of electricity according to section 101.506(c). The methodology at 101.506(f) requires that supply during such control period. In baseline heat input, calculated per the part 75 monitoring, recordkeeping, each instance, the CAIR designated section 101.506(b)(1), for each unit is and reporting requirements be used to representative of a CAIR unit must the average of the three highest amounts determine a unit’s total tons of NOX submit a written request for CSP of the unit’s adjusted control period emissions during a calendar year to the allowances to the TCEQ Executive heat input for 2000–2004. A unit’s extent the unit was otherwise subject to Director by July 1, 2009. The TCEQ adjusted control period heat input is part 75. Or, if a unit was not otherwise Executive Director will determine found by multiplying the control period subject to part 75, the best available data allocations of the CSP and submit this heat input by a fuel-adjustment factor as reported to the TCEQ Executive Director information to EPA by November 30, follows: 0.90 if the unit is coal-fired can be used. 2009. during the year; 0.50 if the unit is E. Allocation of NOX Allowances From F. Individual Opt-In Units natural gas-fired during the year; and the Compliance Supplement Pool 0.30 if the unit is not coal or natural gas- The opt-in provisions of the CAIR and fired during the year. Section 101.506(f) The CSP provides an incentive for the States FIPs’ provisions allow for provides that a unit’s control period early reductions in NOX annual certain non-EGUs (i.e., boilers, heat input, and a unit’s status as coal- emissions. The CSP consists of 200,000 combustion turbines, and other fired or natural gas-fired for a calendar CAIR NOX annual allowances of vintage stationary fossil-fuel-fired devices) that year must be determine in accordance 2009 for the entire CAIR region, and a do not meet the applicability criteria for with the monitoring, recordkeeping, and State’s share of the CSP is based upon a CAIR trading program to participate reporting requirements of 40 CFR part the State’s share of the projected voluntarily in (i.e., opt into) the CAIR 75 to the extent the unit was otherwise emission reductions under CAIR; trading programs. A non-EGU may opt Texas’s share of the CSP is 772 NO into one or more of the CAIR trading subject to the requirements of part 75 for X allowances. States may distribute CSP programs. In order to qualify to opt into the year. Or, if a unit was not otherwise allowances, one allowance for each ton a CAIR trading program, a unit must subject to part 75, the best available data of early reduction, to sources that make vent all emissions through a stack and reported to the TCEQ Executive Director NO reductions during 2007 or 2008 be able to meet monitoring, can be used. X beyond what is required by any recordkeeping, and reporting Under section 101.504(b), the TCEQ applicable State or Federal emission requirements of 40 CFR part 75. The Executive Director will submit NOX limitation. States also may distribute owners and operators seeking to opt a allowances for units commencing CSP allowances based upon a unit into a CAIR trading program must operation on or after January 1, 2001 demonstration of need for an extension apply for a CAIR opt-in permit. If the (referred to as new units), by October 31 of the 2009 deadline for implementing unit is issued a CAIR opt-in permit, the of the applicable control period, emission controls. unit becomes a CAIR unit, is allocated beginning in 2009. Section 101.506(b)(1) The CAIR and the Texas CAIR NOX allowances, and must meet the same specifies that for each control period in Annual FIP’s provisions allocate 772 allowance holding and emissions 2009–2014, allowances for new units NOX allowances to the Texas CSP (40 monitoring and reporting requirements are allocated from the 9.5 percent new CFR 51.123 and 97.143) and establish as other units subject to that CAIR unit set-aside. The new unit set aside specific methodologies for allocations of trading program. The opt-in provisions allocation methodology is outlined in CSP allowances. States may choose an provide for two methodologies for section 101.506(d). For the first control allowed, alternative CSP allocation allocating allowances for opt-in units, period in which a CAIR NOX unit methodology to be used to allocate CSP one methodology that applies to opt-in commences commercial operation, such allowances to sources in those States. units in general and a second unit will not receive a NOX allocation Consistent with the flexibility given to methodology that allocates allowances from the new unit set-aside. The CAIR States in the CAIR FIPs, Texas has only to opt-in units that the owners and designated representative of a new unit chosen to modify the provisions of the operators intend to repower before must submit a written request for new Texas CAIR NOX Annual FIP January 1, 2015. unit allowances by July 1 of the first concerning the allocation of allowances States have several options control period for which the allowance from the CSP. The Texas rules distribute concerning the opt-in provisions. The is requested and after the date that the CSP allowances using an allocation rules for each of the States’ CAIR FIPs’ unit commences commercial operation. methodology that is substantively trading programs include opt-in The request for allowances from the identical to the provisions in 40 CFR provisions that are essentially the same new unit set-aside cannot exceed the 96.143. The provisions for the allocation as those in the respective CAIR SIP unit’s total tons of NOX emissions as of CSP allowances in the Texas program model rules, except that the States’ reported to EPA for the calendar year are found at section 101.508 of 30 TAC CAIR FIPs’ opt-in provisions become immediately preceding such control Chapter 101. Section 101.508 authorizes effective in a State only if the State’s period. The TCEQ Executive Director the Texas Commission on abbreviated SIP revision adopts the opt- will review all requests for allowances Environmental Quality Executive in provisions. The State may adopt the from the new unit set-aside and Director to allocate for the control opt-in provisions entirely or may adopt distribute proportionally based on a period in 2009 up to the amount of CSP them but exclude one of the allowance unit’s share of the total requested allowances designated for Texas in 40 allocation methodologies. The State also allowances. If allowances remain in the CFR 96.143 (772 tons of NOX). The CSP has the option of not adopting any opt-

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in provisions in the abbreviated SIP not have a significant, adverse effect on policy on environmental justice. revision and thereby providing for its the supply, distribution, or use of Because this rule merely approves a CAIR FIP’s trading programs to be energy, this action is also not subject to state rule implementing a Federal implemented in the State without the Executive Order 13211, ‘‘Actions standard, EPA lacks the discretionary ability for units to opt into the Concerning Regulations That authority to modify today’s regulatory programs. Significantly Affect Energy Supply, decision on the basis of environmental Consistent with the flexibility given to Distribution, or Use’’ (66 FR 28355, May justice considerations. States in the FIPs’ provisions, Texas has 22, 2001). This action merely approves In reviewing SIP submissions, EPA’s chosen not to allow non-EGUs to state law as meeting Federal role is to approve State choices, participate in the Texas CAIR FIP NOX requirements and imposes no additional provided that they meet the criteria of annual trading program. Texas is not requirements beyond those imposed by the Act. In this context, in the absence subject to the CAIR NOX ozone season state law. Accordingly, the of a prior existing requirement for the FIP so the opt-in provisions for the Administrator certifies that this rule State to use voluntary consensus CAIR FIP NOX ozone season trading will not have a significant economic standards (VCS), EPA has no authority program are not applicable. We are not impact on a substantial number of small to disapprove a SIP submission for taking any action today on the Texas entities under the Regulatory Flexibility failure to use VCS. It would thus be CAIR SO2 SIP submittal. Act (5 U.S.C. 601 et seq.). Because this inconsistent with applicable law for EPA, when it reviews a SIP submission, VI. Final Action rule approves pre-existing requirements under state law and does not impose to use VCS in place of a SIP submission EPA is approving a revision to the any additional enforceable duty beyond that otherwise satisfies the provisions of Texas SIP, the Texas CAIR NOX Annual that required by state law, it does not the Act. Thus, the requirements of Abbreviated SIP revision, submitted on contain any unfunded mandate or section 12(d) of the National August 4, 2006, by the State of Texas significantly or uniquely affect small Technology Transfer and Advancement (Texas regulations, 30 TAC, Chapter governments, as described in the Act of 1995 (15 U.S.C. 272 note) do not 101, Subchapter H, Division 7, sections Unfunded Mandates Reform Act of 1995 apply. This rule does not impose an 101.503, 101.504(a)(1), 101.504(b), (Pub. L. 104–4). information collection burden under the 101.506(a)(1), 101.506(b)(1), and provisions of the Paperwork Reduction This rule also does not have tribal 101.506(c)–(f), and 101.508. Texas is Act of 1995 (44 U.S.C. 3501 et seq.). covered by the PM2.5 CAIR FIP, which implications because it will not have a requires participation in the EPA- substantial direct effect on one or more List of Subjects administered CAIR FIP cap-and-trade Indian tribes, on the relationship 40 CFR Part 52 programs for SO and NO annual between the Federal Government and 2 X Environmental protection, Air emissions. Under this abbreviated SIP Indian tribes, or on the distribution of pollution control, Intergovernmental revision and consistent with the power and responsibilities between the relations, Nitrogen dioxide, Ozone, flexibility given to Texas in its CAIR Federal Government and Indian tribes, Particulate matter, Reporting and NO Annual FIP’s provisions, the Texas as specified by Executive Order 13175 X recordkeeping requirements, Sulfur provisions for allocating allowances (65 FR 67249, November 9, 2000). This oxides. under the Texas CAIR FIP’s NOX annual action also does not have Federalism trading program for Phase 1 (2009–2014) implications because it does not have 40 CFR Part 97 substantial direct effects on the states, of CAIR are approved as part of the Environmental protection, Air on the relationship between the national Texas SIP. In addition, Texas provisions pollution control, Administrative government and the states, or on the that establish a methodology for practice and procedure, distribution of power and allocating NOX allowances in the CSP Intergovernmental relations, Nitrogen are approved as part of the Texas SIP. responsibilities among the various oxides, Ozone, Reporting and The abbreviated SIP revision meets the levels of government, as specified in recordkeeping requirements. applicable requirements in 40 CFR Executive Order 13132 (64 FR 43255, Dated: July 16, 2007. 51.123(p)(1) and (2) with regard to NOX August 10, 1999). This action merely Richard E. Greene, annual emissions and NOX CSP approves a state rule implementing a allocations. EPA is not making any Federal standard and indicates that Regional Administrator, EPA Region 6. I changes to the Texas CAIR NOX Annual approval will result in ministerial 40 CFR parts 52 and 97 are amended FIP’s provisions, except to the extent changes to the appropriate appendices as follows: that if EPA’s direct final action on the of the CAIR FIP’s trading rules and does Texas abbreviated SIP revision becomes not alter the relationship or the PART 52—[AMENDED] effective, then EPA, by ministerial distribution of power and I 1. The authority citation for part 52 action, will note in Appendix A, 1 and responsibilities established in the Act. continues to read as follows: 2, to Subpart EE of part 97, that Texas The EPA interprets Executive Order Authority: 42 U.S.C. 7401 et seq. has an approved SIP revision for NOX 13045, ‘‘Protection of Children from annual allowance allocations for Phase Environmental Health Risks and Safety Subpart SS—Texas 1 and for NOX allowance allocations Risks’’ (62 FR 19885, April 23, 1997), as from the Texas CSP. applying only to those regulatory I 2. Section 52.2270 is amended as actions that concern health or safety follows: VII. Statutory and Executive Order risks such that the analysis required I a. In paragraph (c) the table entitled Reviews under section 5–501 of the Executive ‘‘EPA Approved Regulations in the Under Executive Order 12866 (58 FR Order has the potential to influence the Texas SIP’’ is amended under Chapter 51735, October 4, 1993), this action is regulation. This rule is not subject to 101—General Air Quality Rules, not a ‘‘significant regulatory action’’ and Executive Order 13045 because it would Subchapter H—Emissions Banking and therefore is not subject to review by the approve a State program. Executive Trading, by adding in numerical order Office of Management and Budget. For Order 12898 (59 FR 7629, February 16, a new entry for Division 7—Clean Air this reason and because this action will 1994) establishes federal executive Interstate Rule.

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I b. In paragraph (e) the table entitled by adding a new entry at the end for the § 52.2270 Identification of plan. ‘‘EPA Approved Nonregulatory Texas Clean Air Interstate Rule Nitrogen * * * * * Provisions and Quasi-Regulatory Oxides Annual Trading Program (c) * * * Measures in the Texas SIP’’ is amended Abbreviated SIP Revision.

EPA APPROVED REGULATIONS IN THE TEXAS SIP

State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date

Chapter 101—General Air Quality Rules

*******

Subchapter H—Emissions Banking and Trading

*******

Division 7—Clean Air Interstate Rule

Section 101.503 ...... Clean Air Interstate Rule Oxides of Nitro- 07/12/06 07/30/07 [Insert FR page gen Annual Trading Budget. number where docu- ment begins] Section 101.504 ...... Timing Requirements for Clean Air Inter- 07/12/06 07/30/07 [Insert FR page Subsections state Rule Oxides of Nitrogen Allow- number where docu- 101.504(a)(2), ance Allocations. ment begins] 101.504(a)(3), 101.504(a)(4), 101.504(c), and 101.504(d) NOT IN SIP. Section 101.506 ...... Clean Air Interstate Rule Oxides of Nitro- 07/12/06 07/30/07 [Insert FR page Subsections gen Allowance Allocations. number where docu- 101.506(a)(2), ment begins] 101.506(b)(2), 101.506(b)(3), and 101.506(g) NOT IN SIP. Section 101.508 ...... Compliance Supplement Pool ...... 07/12/06 07/30/07 [Insert FR page number where docu- ment begins]

*******

* * * * * (e) ** *

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP

State sub- Name of SIP provision Applicable geographic or nonattainment mittal/effec- EPA approval date Comments area tive date

*******

Texas Clean Air Interstate Rule Statewide ...... 07/12/06 07/30/07 [Insert FR page Only CAIR Phase I Nitrogen Oxides Annual Trad- number where docu- NOX Annual and ing Program Abbreviated SIP ment begins] CSP Allocations Revision. approved into SIP.

*******

* * * * * I 4. Appendix A to Subpart EE is Texas (for control periods 2009–2014) amended by adding an entry for 2. * * * PART 97—[AMENDED] ‘‘Texas’’ to paragraphs 1. and 2. to read Texas as follows: [FR Doc. E7–14485 Filed 7–27–07; 8:45 am] I 3. The authority citation for part 97 Appendix A to Subpart EE of Part 97— BILLING CODE 6560–50–P continues to read as follows: States With Approved State Authority: 42 U.S.C. 7401, 7403, 7410, Implementation Plan Revisions 7426, 7601, and 7651, et seq. Concerning Allocations 1. * * *

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Proposed Rules Federal Register Vol. 72, No. 145

Monday, July 30, 2007

This section of the FEDERAL REGISTER DC 20250–0224, telephone (202) 720– need to participate in the sign-up contains notices to the public of the proposed 6603, facsimile (202) 690–1718, or e- period. Of the 46,220 total valid ballots issuance of rules and regulations. The mail at [email protected]. received in the 1991 referendum, purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: 27,879, or 60 percent, favored the persons an opportunity to participate in the amendments to the Order, and 18,341, rule making prior to the adoption of the final Executive Order 12866 rules. or 40 percent, opposed the amendments The Office of Management and Budget to the Order. This proposed rule would has waived the review process required provide those persons who are not in DEPARTMENT OF AGRICULTURE by Executive Order 12866 for this favor of the continuance of the Order action. amendments an opportunity to request a continuance referendum. Agricultural Marketing Service Executive Order 12988 The eligibility and participation 7 CFR Part 1205 This rule has been reviewed under requirements for producers and Executive Order 12988, Civil Justice importers are substantially the same as [Docket No. AMS–CN–07–0094; CN–07–006] Reform. It is not intended to have the rules that established the eligibility retroactive effect. This rule would not Cotton Research and Promotion and participation requirements for the preempt any State or local laws, 1991 referendum, and for the 1997 and Program: Procedures for Conduct of regulations, or policies, unless they Sign-Up Period 2001 sign-up period. The 1997 and 2001 present an irreconcilable conflict with sign-ups did not generate the required AGENCY: Agricultural Marketing Service. this rule. number of signatures to hold another ACTION: Proposed rule. The Cotton Research and Promotion referendum. The amendments proposed Act (7 U.S.C. 2101–2118) provides that in this action would update various SUMMARY: This proposed rule would administrative proceedings must be dates, name changes, addresses, and amend the rules and regulations exhausted before parties may file suit in make other miscellaneous changes. regarding the procedures for the court. Under Section 12 of the Act, any The proposed sign-up procedures conduct of a sign-up period for eligible person subject to an order may file with would not impose a substantial burden cotton producers and importers to USDA a petition stating that the order, or have a significant impact on persons request a continuance referendum on any provision of the order, or any subject to the Order, because the 1991 amendments to the Cotton obligation imposed in connection with participation is not mandatory, not all Research and Promotion Order (Order) the order is not in accordance with law persons subject to the Order are provided for in the Cotton Research and and requesting a modification of the expected to participate, and USDA will Promotion Act (Act) amendments of order or to be exempted therefrom. Such determine producer and importer 1990. The amendments would update person is afforded the opportunity for a eligibility. The information collection various dates, name changes, addresses, hearing on the petition. After the requirements under the Paperwork and make other administrative changes. hearing, USDA would rule on the Reduction Act are minimal. petition. The Act provides that the DATES: Comments must be received on Paperwork Reduction Act or before August 9, 2007. District Court of the United States in any district in which the person is an The information collections proposed ADDRESSES: Interested persons are inhabitant, or has his or her principal by this rule will be carried out under the invited to submit written comments place of business, has jurisdiction to Office of Management and Budget concerning this proposed rule to Shethir review the USDA’s ruling, provided a (OMB) Control Number 0581–0093. This M. Riva, Chief, Research and Promotion complaint is filed within 20 days from rule will not add to the overall burden Staff, Cotton Program, AMS, USDA, the date of the entry of ruling. currently approved by OMB and Stop 0224, 1400 Independence Ave., assigned OMB Control Number 0581– SW., Room 2639–S, Washington, DC Regulatory Flexibility Act 0093 under the provisions of the 20250–0224. Comments should be Pursuant to requirements set forth in Paperwork Reduction Act of 1995 (44 submitted in triplicate. Comments may the Regulatory Flexibility Act (RFA) [5 U.S.C. Chapter 35). This OMB Control also be submitted electronically through U.S.C. 601 et seq.], the Agricultural Number is referenced in Section www.regulations.gov. All comments Marketing Service has considered the 1205.541 of the regulations. should reference the docket number and economic effect of this action on small Background the date and page number of this issue entities and has determined that its of the Federal Register. All comments implementation will not have a The 1991 amendments to the Cotton received will be made available for significant economic impact on a Research and Promotion Order (7 CFR public inspection at Cotton Program, substantial number of small entities. 1205 et seq.) were implemented AMS, USDA, Stop 0224, 1400 There are currently approximately following the July 1991 referendum. The Independence Ave., SW., Room 2639–S, 19,000 producers, and approximately amendments were provided for in the Washington, DC 20250–0224 during 14,000 importers that are subject to the Cotton Research and Promotion Act (7 regular business hours. order. The majority of these producers U.S.C. 2101–2118) amendments of 1990. FOR FURTHER INFORMATION CONTACT: and importers are small businesses These amendments provided for: (1) Shethir M. Riva, Chief, Research and under the criteria established by the Importer representation on the Cotton Promotion Staff, Cotton Program, AMS, Small Business Administration. Board by an appropriate number of USDA, Stop 0224, 1400 Independence Only those eligible persons who are in persons, to be determined by USDA, Ave., SW., Room 2639–S, Washington, favor of conducting a referendum would who import cotton or cotton products

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into the U.S., and whom USDA selects 2006. Requests and supporting should be made effective as soon as from nominations submitted by documentation should be mailed to possible in order to best reflect importer organizations certified by USDA, FSA, DAFO, Attention: Rick applicable time frames in the Act. USDA; (2) assessments levied on Pinkston, PO Box 23103, Washington, List of Subjects in 7 CFR Part 1205 imported cotton and cotton products at DC 20026–3103. a rate determined in the same manner The sign-up period will be from Advertising, Agricultural research, as for U.S. cotton; (3) increasing the September 4, 2007, until November 30, Cotton, Marketing agreements, amount USDA can be reimbursed for the 2007. Producer and importer forms shall Reporting and recordkeeping conduct of a referendum from $200,000 only be counted if received by USDA requirements. to $300,000; (4) reimbursing government during the stated sign-up period. For the reasons set forth in the agencies that assist in administering the Section 8(c)2 of the Act provides that preamble, 7 CFR part 1205 is proposed collection of assessments on imported if USDA determines, based on the to be amended as follows: cotton and cotton products; and (5) results of the sign-up, that 10 percent or terminating the right of producers to more of the total number of eligible PART 1205—COTTON RESEARCH demand a refund of assessments. producers and importers that voted in AND PROMOTION the most recent 1991 referendum (i.e., On March 6, 2007, USDA issued a 1. The authority citation part 1205 4,622) request a continuance determination based on its review, (72 continues to read as follows: FR 9918), not to conduct a referendum referendum on the 1991 amendments, a regarding the 1991 amendments to the referendum will be held within 12 Authority: 7 U.S.C. 2101–2118. Order. However, the Act provides that months after the end of the sign-up 2. Section 1205.20 is revised to read USDA shall nevertheless conduct a period. In counting such requests, as follows: referendum at the request of 10 percent however, not more than 20 percent may or more of the total number of eligible be from producers from any one state or § 1205.20 Representative period. producers and importers that voted in from importers of cotton. For example, The term representative period means the most recent referendum. The Act when counting the requests, the AMS the 2006 calendar year. provides for a sign-up period during Cotton Program would determine the 3. In § 1205.26, paragraphs (a)(1) and which eligible cotton producers and total number of valid requests from all (a)(2)are revised as follows: importers may request that USDA cotton-producing states and from conduct a referendum on continuation importers. Not more than 20 percent of § 1205.26 Eligibility. of the 1991 amendments to the Order. the total requests will be counted from * * * * * Accordingly, USDA will provide all any one state or from importers toward (a) * * * eligible Upland cotton producers and reaching the 10 percent for 4,622 total (1) Any person who was engaged in importers an opportunity to request a signatures required to call for a the production of Upland cotton during continuance referendum regarding the referendum. If USDA determines that 10 calendar year 2006; and 1991 amendments to the Order. percent or more of the number of (2) Any person who was an importer The sign-up period will be provided producers and importers who voted in of Upland cotton and imported Upland for all eligible producers and importers. the most recent referendum favor a cotton in excess of the value of $2.00 Eligible cotton producers would be continuance referendum. A referendum per line item entry during calendar year provided the opportunity to sign-up to will be held. 2006. request a continuance referendum in This proposed rule would amend the * * * * * person at the county FSA office where procedures for the conduct of the 4. Section 1205.27 is revised to read their farm is located. If the producer’s current sign-up period. The current as follows: land is in more than one county, the rules and regulations provide for producer shall sign-up at the county sections on definitions, supervision of § 1205.27 Participation in the sign-up office where FSA administratively the sign-up period, eligibility, period. maintains and processes the producer’s participation in the sign-up period, The sign-up period will be from farm records. Producers who choose not counting requests, reporting results and September 4, 2007, through November to visit the county FSA office in person instructions and forms. 30, 2007. Those persons who favor the may request a sign-up form in the mail In section 1205.18 the term conduct of a continuance referendum from the same office. ‘‘Producer’’ is further defined to ensure and who wish to request that USDA USDA would mail sign-up that all producers that planted cotton conduct such a referendum may do so information, including a written request during 2006 will be eligible to by submitting such request in form, to all known, eligible cotton participate in the sign-up period. In accordance with this section. All importers. Importers who favor the sections 1205.20, 1205.26, and 1205.27 requests must be received by the conduct of a continuance referendum ‘‘calendar year 2001’’ would change to appropriate USDA office by November would return their signed request forms ‘‘calendar year 2006.’’ In sections 30, 2007. to USDA, FSA, DAFO, Attention: Rick 1205.27, 1205.28, and 1205.29 sign-up (a) Before the sign-up period begins, Pinkston, PO Box 23103, Washington, period conduct dates, FSA reporting FSA shall establish a list of known, DC 20026–3103. dates, and mailing addresses have been eligible, Upland cotton producers in the Importers who do not receive a updated. county that it serves during the request form in the mail by September A 10-day comment period is representative period, and AMS shall 4, 2007, and who meet the eligibility determined to be appropriate because also establish a list of known, eligible requirements to participate in the sign- these proposed eligibility and Upland cotton importers. up, may submit a written, signed participation requirements are (b) Before the start of the sign-up request for a continuance referendum. substantially the same as the eligibility period, AMS shall mail a request form Such request must be accompanied by and participation requirements that to each known, eligible, cotton importer. a copy of the U.S. Customs and Border were used in previous referenda and a Importers who wish to request a Protection Form 7501 showing payment sign-up period; participation is referendum and who do not receive a of a cotton assessment for calendar year voluntary; and this rule, if adopted, request form in the mail by September

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4, 2007, may participate in the sign-up forms and supporting documentation by 720 and 720B series airplanes. This period by submitting a signed, written October 31, 2007. proposed AD would require identifying request for a continuance referendum, 7. In § 1205.28, the first sentence is the material used in the elevator hinge along with a copy of a U.S. Customs and revised to read as follows: support fittings of the horizontal Border Protection form 7501 showing stabilizer trailing edge, doing repetitive payment of a cotton assessment for § 1205.28 Counting. detailed inspections for cracking of the calendar year 2006. Importers must County FSA offices and FSA, Deputy fittings and corrective actions if submit their requests and supporting Administrator for Field Operations necessary, and doing an eventual documents to USDA, FSA, DAFO, (DAFO), shall begin counting requests terminating action. This proposed AD Attention: Rick Pinkston, P.O. Box no later than November 1, 2007. * * * results from a report that stress 23103, Washington, DC 20026–3103. All 8. Section 1205.29 is revised to read corrosion cracking of the elevator hinge requests and supporting documents as follows: support fittings has been discovered on must be received by November 30, 2007. § 1205.29 Reporting results. several Model 707 airplanes. We are proposing this AD to prevent cracking of (c) Each person on the county FSA (a) Each county FSA office shall office lists may participate in the sign- the elevator hinge support fittings, prepare and transmit to the state FSA which could reduce the elevator support up period. Eligible producers must date office, by December 7, 2007, a written and sign their name on the ‘‘County stiffness and lead to in-flight airframe report of the number of eligible vibration, consequent damage to the FSA Office Sign-up Sheet.’’ A person producers who requested the conduct of whose name does not appear on the elevator and horizontal stabilizer, and a referendum, and the number of reduced controllability of the airplane. county FSA office list may participate in ineligible persons who made requests. DATES: We must receive comments on the sign-up period. Such person must be (b) DAFO shall prepare, by December this proposed AD by September 13, identified on FSA–578 during the 7, 2007, a written report of the number 2007. representative period or provide of eligible importers who requested the documentation that demonstrates that conduct of a referendum, and the ADDRESSES: Use one of the following the person was a cotton producer during number of ineligible persons who made addresses to submit comments on this the representative period. Cotton requests. proposed AD. producers not listed on the FSA–578 (c) Each State FSA office shall, by • DOT Docket Web site: Go to shall submit at least one sales receipt for December 7, 2007, forward all county http://dms.dot.gov and follow the cotton they planted during the reports to DAFO. By December 14, 2007, instructions for sending your comments representative period. Cotton producers DAFO shall forward its report of the electronically. • must make requests to the county FSA total number of eligible producers and Government-wide rulemaking Web office where the producer’s farm is importers that requested a continuance site: Go to http://www.regulations.gov located. If the producer’s land is in more referendum, through the sign-up period, and follow the instructions for sending than one county, the producer shall your comments electronically. to the Deputy Administrator, Cotton • make request at the county office where Program, AMS, Stop 0224, 1400 Mail: U.S. Department of FSA administratively maintains and Independence Ave., SW., Washington, Transportation, Docket Operations, M– processes the producer’s farm records. It DC 20250–0224. 30, West Building Ground Floor, Room is the responsibility of the person to W12–140, 1200 New Jersey Avenue, SE., provide the information needed by the Dated: July 23, 2007. Washington, DC 20590. county FSA office to determine Lloyd C. Day, • Fax: (202) 493–2251. eligibility. It is not the responsibility of Administrator, Agricultural Marketing • Hand Delivery: Room W12–140 on the county FSA office to obtain this Service. the ground floor of the West Building, information. If any person whose name [FR Doc. E7–14608 Filed 7–27–07; 8:45 am] 1200 New Jersey Avenue, SE., does not appear on the county FSA BILLING CODE 3410–02–P Washington, DC, between 9 a.m. and 5 office list fails to provide at least one p.m., Monday through Friday, except sales receipt for the cotton they Federal holidays. produced during the representative DEPARTMENT OF TRANSPORTATION Contact Boeing Commercial period, the county FSA office shall Airplanes, P.O. Box 3707, Seattle, determine that such person is ineligible Federal Aviation Administration Washington 98124–2207, for the service to participate in the sign-up period, and information identified in this proposed shall note ‘‘ineligible’’ in the remarks 14 CFR Part 39 AD. section next to the person’s name on the [Docket No. FAA–2007–28811; Directorate FOR FURTHER INFORMATION CONTACT: county FSA office sign-up sheet. In lieu Identifier 2006–NM–246–AD] Duong Tran, Aerospace Engineer, of personally appearing at a county FSA Airframe Branch, ANM–120S, FAA, office, eligible producers may request a RIN 2120–AA64 Seattle Aircraft Certification Office, sign-up form from the county FSA office Airworthiness Directives; Boeing 1601 Lind Avenue, SW., Renton, where the producer’s farm is located. If Model 707 Airplanes and Model 720 Washington 98057–3356; telephone the producer’s land is in more than one and 720B Series Airplanes (425) 917–6452; fax (425) 917–6590. county, the producer shall make the SUPPLEMENTARY INFORMATION: request for the sign-up form at the AGENCY: Federal Aviation county office where FSA Administration (FAA), Department of Comments Invited administratively maintains and Transportation (DOT). We invite you to submit any relevant processes the producer’s farm records. ACTION: Notice of proposed rulemaking written data, views, or arguments Such request must be accompanied by (NPRM). regarding this proposed AD. Send your a copy of at least one sales receipt for comments to an address listed in the cotton they produced during the SUMMARY: The FAA proposes to adopt a ADDRESSES section. Include the docket representative period. The appropriate new airworthiness directive (AD) for all number ‘‘FAA–2007–28811; Directorate FSA office must receive all completed Boeing Model 707 airplanes and Model Identifier 2006–NM–246–AD’’ at the

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beginning of your comments. We elevator support stiffness. This ‘‘Differences Between the Proposed AD specifically invite comments on the condition, if not corrected, could lead to and Service Bulletin.’’ overall regulatory, economic, in-flight airframe vibration, consequent Differences Between the Proposed AD environmental, and energy aspects of damage to the elevator and horizontal and Service Bulletin the proposed AD. We will consider all stabilizer, and reduced controllability of comments received by the closing date the airplane. The alert service bulletin specifies to and may amend the proposed AD in contact Boeing for instructions on how Relevant Service Information light of those comments. to repair certain conditions, but this We will post all comments we We have reviewed Boeing 707 Alert proposed AD would require repairing receive, without change, to http:// Service Bulletin A3518, dated October those conditions in one of the following dms.dot.gov, including any personal 9, 2006. The alert service bulletin ways: information you provide. We will also describes procedures for: • Using a method that we approve; or • Repetitively verifying whether or post a report summarizing each • Using data that meet the not the elevator hinge support fittings of substantive verbal contact with FAA certification basis of the airplane, and the horizontal stabilizer trailing edge are personnel concerning this proposed AD. that have been approved by an Using the search function of that Web made of 7079–T6 or 7075–T6 material; • Modifying certain rib web segments Authorized Representative for the site, anyone can find and read the Boeing Commercial Airplanes comments in any of our dockets, by fabricating and installing nutplates to create access to the web area for Delegation Option Authorization including the name of the individual Organization whom we have authorized who sent the comment (or signed the inspection; • to make those findings. comment on behalf of an association, Doing initial and repetitive The alert service bulletin does not business, labor union, etc.). You may inspections for cracking of hinge specify a number of work hours for review DOT’s complete Privacy Act support fittings made of 7079–T6 or modifying the rib web segments. Statement in the Federal Register 7075–T6 material, and corrective However, we have confirmed with published on April 11, 2000 (65 FR actions if necessary; and • Boeing that this action should take 19477–78), or you may visit http:// Eventually replacing all affected about 6 work hours and have estimated dms.dot.gov. hinge support fittings with new, improved fittings made of 7075–T7351 the costs to accomplish this proposed Examining the Docket material. AD accordingly. You may examine the AD docket on Corrective actions include repairing or The alert service bulletin specifies to the Internet at http://dms.dot.gov, or in replacing any cracked fitting with a new repeat the verification of the hinge person at the Docket Operations office or serviceable fitting made of 7079–T6 material at intervals not to exceed 180 between 9 a.m. and 5 p.m., Monday or 7075–T6 material, or with a new, days after the date on the alert service through Friday, except Federal holidays. improved fitting. Replacing any affected bulletin or before further flight after the The Docket Operations office (telephone fitting with a new, improved fitting replacement of any hinge support (800) 647–5527) is located on the made of 7075–T7351 material fitting, whichever occurs first. We have ground floor of the West Building at the eliminates the need for the repetitive confirmed with Boeing that repetitive DOT street address stated in the inspections for that fitting. verification at intervals not to exceed ADDRESSES section. Comments will be Accomplishing the actions specified in 180 days is not necessary. Therefore, available in the AD docket shortly after the service information is intended to this proposed AD would only require the Docket Management System receives adequately address the unsafe repeat verification of the hinge material them. condition. before further flight after the replacement of any hinge support Discussion FAA’s Determination and Requirements fitting. We have received a report indicating of the Proposed AD Costs of Compliance that stress corrosion cracking of the We have evaluated all pertinent elevator hinge support fittings (made of information and identified an unsafe There are about 185 airplanes of the 7079–T6 material) of the horizontal condition that is likely to exist or affected design in the worldwide fleet. stabilizer trailing edge has been develop on other airplanes of this same This proposed AD would affect about 52 discovered on several Model 707 type design. For this reason, we are airplanes of U.S. registry. The following airplanes. In some cases, multiple proposing this AD, which would require table provides the estimated costs for fittings on one stabilizer were found to accomplishing the actions specified in U.S. operators to comply with this be cracked; excessive cracking at the service information described proposed AD, at an average labor rate of multiple rib locations will reduce the previously, except as discussed under $80 per work hour.

ESTIMATED COSTS

Action Work hours Parts Cost per airplane Fleet cost

Material verification ...... 1 ...... No parts needed ...... $80 ...... $4,160. Detailed inspections ...... 24, per inspection cycle .... No parts needed ...... $1,920 ...... $47,840, per inspection cycle. Modification (fabrication 6 ...... Operator supplied ...... $480 ...... $24,960. and installation of nutplates). Terminating action ...... 132 ...... $53,078 1 or $87,750 2 ...... $63,638 1 or $98,310 2 ...... Up to $5,112,120. 1 For Group 1 airplanes. 2 For Group 2 airplanes.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. rib webs, in accordance with Part 2 of the Accomplishment Instructions of the service Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue bulletin. For any hinge support fitting found 2. The Federal Aviation to be cracked or damaged, before further rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 flight, do the actions of paragraph (h)(1) or Section 106, describes the authority of by adding the following new (h)(2) of this AD; in accordance with Part 3 the FAA Administrator. Subtitle VII, airworthiness directive (AD): of the Accomplishment Instructions of the Aviation Programs, describes in more service bulletin. Do all actions in accordance detail the scope of the Agency’s Boeing: Docket No. FAA–2007–28811; Directorate Identifier 2006–NM–246–AD. with the Accomplishment Instructions of the authority. service bulletin; except where the service We are issuing this rulemaking under Comments Due Date bulletin specifies to contact the manufacturer the authority described in Subtitle VII, (a) The FAA must receive comments on for repair procedures, this AD requires repair Part A, Subpart III, Section 44701, this AD action by September 13, 2007. using a method approved in accordance with ‘‘General requirements.’’ Under that Affected ADs the procedures specified in paragraph (k) of section, Congress charges the FAA with (b) None. this AD. promoting safe flight of civil aircraft in (1) Replace the fitting with a serviceable air commerce by prescribing regulations Applicability fitting made of 7079–T6 or 7075–T6 material. for practices, methods, and procedures (c) This AD applies to all Model 707–100 Repeat the detailed inspection thereafter at the Administrator finds necessary for long body, –200, –100B long body, and intervals not to exceed 180 days, until the safety in air commerce. This regulation –100B short body series airplanes; Model terminating action of paragraph (i) of this AD is within the scope of that authority 707–300, –300B, –300C, and –400 series has been done. because it addresses an unsafe condition airplanes; and Model 720 and 720B series (2) Replace the fitting with a new, that is likely to exist or develop on airplanes; certificated in any category. improved fitting made of 7075–T7351 products identified in this rulemaking Unsafe Condition material. action. (d) This AD results from a report that stress Terminating Action Regulatory Findings corrosion cracking of the elevator hinge support fittings of the horizontal stabilizer (i) For all airplanes: Within 48 months after We have determined that this trailing edge has been discovered on several the effective date of this AD, replace all hinge proposed AD would not have federalism Model 707 airplanes. We are issuing this AD support fittings made of 7079–T6 or 7075–T6 implications under Executive Order to prevent cracking of the elevator hinge material with new, improved fittings made of 13132. This proposed AD would not support fittings, which could reduce the 7075–T7351 material, in accordance with have a substantial direct effect on the elevator support stiffness and lead to in-flight Part 4 of the Accomplishment Instructions of States, on the relationship between the airframe vibration, consequent damage to the the service bulletin. Doing this action national Government and the States, or elevator and horizontal stabilizer, and terminates all requirements of paragraphs (g) on the distribution of power and reduced controllability of the airplane. and (h) of this AD. responsibilities among the various Compliance Parts Installation levels of government. (e) You are responsible for having the (j) As of the effective date of this AD, no For the reasons discussed above, I actions required by this AD performed within person may install, on any airplane, a new certify that the proposed regulation: the compliance times specified, unless the or serviceable hinge support fitting made of 1. Is not a ‘‘significant regulatory actions have already been done. action’’ under Executive Order 12866; 7079–T6 or 7075–T6 material, unless the 2. Is not a ‘‘significant rule’’ under the Service Bulletin Reference requirements of paragraph (h)(1) of this AD DOT Regulatory Policies and Procedures (f) The term ‘‘service bulletin,’’ as used in are accomplished. this AD, means the Accomplishment (44 FR 11034, February 26, 1979); and Alternative Methods of Compliance Instructions of Boeing 707 Alert Service 3. Will not have a significant (AMOCs) economic impact, positive or negative, Bulletin A3518, dated October 9, 2006. (k)(1) The Manager, Seattle Aircraft on a substantial number of small entities Material Identification under the criteria of the Regulatory Certification Office (ACO), FAA, has the (g) Within 180 days after the effective date authority to approve AMOCs for this AD, if Flexibility Act. of this AD or before further flight after any We prepared a regulatory evaluation requested in accordance with the procedures horizontal stabilizer is replaced: Verify the found in 14 CFR 39.19. of the estimated costs to comply with type of material used in the elevator hinge (2) To request a different method of this proposed AD and placed it in the support fittings of the horizontal stabilizer compliance or a different compliance time AD docket. See the ADDRESSES section trailing edge, in accordance with Part 1 of the Accomplishment Instructions of the service for this AD, follow the procedures in 14 CFR for a location to examine the regulatory 39.19. Before using any approved AMOC on evaluation. bulletin, then do the requirements of paragraph (g)(1) or (g)(2) of this AD, as any airplane to which the AMOC applies, List of Subjects in 14 CFR Part 39 applicable. Repeat the verification before notify your appropriate principal inspector (PI) in the FAA Flight Standards District Air transportation, Aircraft, Aviation further flight after the replacement of any hinge support fitting. Office (FSDO), or lacking a PI, your local safety, Safety. (1) For any hinge support fitting made of FSDO. The Proposed Amendment 7075–T7351 material: No further action is (3) An AMOC that provides an acceptable required by paragraph (h) or (i) of this AD. Accordingly, under the authority level of safety may be used for any repair (2) For any hinge support fitting made of required by this AD, if it is approved by an delegated to me by the Administrator, 7079–T6 or 7075–T6 material: Do the actions the FAA proposes to amend 14 CFR part Authorized Representative for the Boeing required by paragraph (h) of this AD. Commercial Airplanes Delegation Option 39 as follows: Repetitive Inspections, One-Time Authorization Organization who has been PART 39—AIRWORTHINESS Modification, and Corrective Actions authorized by the Manager, Seattle ACO, to DIRECTIVES (h) Before further flight after doing make those findings. For a repair method to paragraph (g) of this AD, do a detailed be approved, the repair must meet the 1. The authority citation for part 39 inspection for cracking of the hinge support certification basis of the airplane and the continues to read as follows: fittings and modify certain segments of the approval must specifically refer to this AD.

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Issued in Renton, Washington, on July 18, 1200 New Jersey Avenue SE., Discussion 2007. Washington, DC, between 9 a.m. and 5 We have received reports of wire Stephen P. Boyd, p.m., Monday through Friday, except bundle interference in the DA panel, Acting Manager, Transport Airplane Federal holidays. chafed wire bundles, and exposed Directorate, Aircraft Certification Service. Contact Hawker Beechcraft conductors, on Hawker Beechcraft [FR Doc. E7–14638 Filed 7–27–07; 8:45 am] Corporation, 9709 East Central, Wichita, Model Hawker 800XP airplanes. These BILLING CODE 4910–13–P Kansas 67206, for the service wire bundles consist of wiring for information identified in this proposed various airplane systems (e.g., primary AD. or secondary flight displays, air data DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: systems, communications, navigation, Philip Petty, Aerospace Engineer, warnings, and numerous other airplane Federal Aviation Administration Electrical Systems and Avionics, ACE– systems). The cause has been attributed 119W, FAA, Wichita Aircraft to improper wire routing resulting from 14 CFR Part 39 Certification Office, 1801 Airport Road, inadequate detailed assembly and [Docket No. FAA–2007–28810; Directorate Room 100, Mid-Continent Airport, installation instructions during Identifier 2007–NM–104–AD] Wichita, Kansas 67209; telephone (316) production of the airplanes. Chafing of 946–4139; fax (316) 946–4107. RIN 2120–AA64 wire bundles, if not corrected, could SUPPLEMENTARY INFORMATION: cause an electrical short and consequent Airworthiness Directives; Hawker Comments Invited loss of several functions essential for Beechcraft Model Hawker 800XP safe flight and smoke or fire in the flight Airplanes We invite you to submit any relevant compartment and main cabin. written data, views, or arguments AGENCY: Federal Aviation regarding this proposed AD. Send your Relevant Service Information Administration (FAA), Department of comments to an address listed in the We have reviewed Raytheon Service Transportation (DOT). ADDRESSES section. Include the docket Bulletin SB 24–3772, dated February ACTION: Notice of proposed rulemaking number ‘‘FAA–2007–28810; Directorate 2006. The service information describes (NPRM). Identifier 2007–NM–104–AD’’ at the procedures for doing a detailed beginning of your comments. We inspection of panel DA wiring for SUMMARY: The FAA proposes to adopt a specifically invite comments on the clearance and for signs of chafing or new airworthiness directive (AD) for overall regulatory, economic, exposed conductors, and repairing or certain Hawker Beechcraft Model environmental, and energy aspects of replacing the wires and cable ties with Hawker 800XP airplanes. This proposed the proposed AD. We will consider all new ones, if necessary. Accomplishing AD would require doing an inspection comments received by the closing date the actions specified in the service of panel DA wiring for clearance and for and may amend the proposed AD in information is intended to adequately signs of chafing or exposed conductors, light of those comments. address the unsafe condition. and repairing or replacing the wires and We will post all comments we cable ties if necessary. This proposed receive, without change, to http:// FAA’s Determination and Requirements of the Proposed AD AD results from reports of wire bundle dms.dot.gov, including any personal interference in the DA panel, chafed information you provide. We will also We have evaluated all pertinent wire bundles, and exposed conductors. post a report summarizing each information and identified an unsafe We are proposing this AD to prevent substantive verbal contact with FAA condition that is likely to exist or chafing of wire bundles, which could personnel concerning this proposed AD. develop on other airplanes of this same cause an electrical short and consequent Using the search function of that Web type design. For this reason, we are loss of several functions essential for site, anyone can find and read the proposing this AD, which would require safe flight and smoke or fire in the flight comments in any of our dockets, accomplishing the actions specified in compartment and main cabin. including the name of the individual the service information described who sent the comment (or signed the DATES: We must receive comments on previously, except as discussed under this proposed AD by September 13, comment on behalf of an association, ‘‘Difference Between the Proposed AD 2007. business, labor union, etc.). You may and Referenced Service Information.’’ review DOT’s complete Privacy Act ADDRESSES: Use one of the following Statement in the Federal Register Difference Between Proposed Rule and addresses to submit comments on this published on April 11, 2000 (65 FR Referenced Service Information proposed AD. 19477–78), or you may visit http:// Operators should note that, although • DOT Docket Web site: Go to dms.dot.gov. the Accomplishment Instructions of the http://dms.dot.gov and follow the referenced service information describe Examining the Docket instructions for sending your comments procedures for submitting a sheet electronically. You may examine the AD docket on recording compliance with the service • Government-wide rulemaking Web the Internet at http://dms.dot.gov, or in information, this proposed AD would site: Go to http://www.regulations.gov person at the Docket Operations office not require that action. and follow the instructions for sending between 9 a.m. and 5 p.m., Monday your comments electronically. through Friday, except Federal holidays. Costs of Compliance • Mail: U.S. Department of The Docket Operations office (telephone There are about 438 airplanes of the Transportation, Docket Operations, M– (800) 647–5527) is located on the affected design in the worldwide fleet. 30, West Building Ground Floor, Room ground level of the West Building at the This proposed AD would affect about W12–140, 1200 New Jersey Avenue SE., DOT street address stated in the 292 airplanes of U.S. registry. The Washington, DC 20590. ADDRESSES section. Comments will be proposed inspection would take about 2 • Fax: (202) 493–2251. available in the AD docket shortly after work hours per airplane, at an average • Hand Delivery: Room W12–140 on the Docket Management System receives labor rate of $80 per work hour. Based the ground floor of the West Building, them. on these figures, the estimated cost of

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the proposed AD for U.S. operators is PART 39—AIRWORTHINESS manufacturer, this AD does not include that $46,720, or $160 per airplane. DIRECTIVES requirement. Authority for This Rulemaking 1. The authority citation for part 39 Alternative Methods of Compliance (AMOCs) continues to read as follows: Title 49 of the United States Code (h)(1) The Manager, Wichita Aircraft specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. Certification Office, FAA, has the authority to rules on aviation safety. Subtitle I, § 39.13 [Amended] approve AMOCs for this AD, if requested in Section 106, describes the authority of accordance with the procedures found in 14 the FAA Administrator. Subtitle VII, 2. The Federal Aviation CFR 39.19. Aviation Programs, describes in more Administration (FAA) amends § 39.13 (2) To request a different method of detail the scope of the Agency’s by adding the following new compliance or a different compliance time authority. airworthiness directive (AD): for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on Hawker Beechcraft Corporation: Docket No. We are issuing this rulemaking under any airplane to which the AMOC applies, the authority described in Subtitle VII, FAA–2007–28810; Directorate Identifier 2007–NM–104–AD. notify your appropriate principal inspector Part A, Subpart III, Section 44701, (PI) in the FAA Flight Standards District ‘‘General requirements.’’ Under that Comments Due Date Office (FSDO), or lacking a PI, your local section, Congress charges the FAA with (a) The FAA must receive comments on FSDO. promoting safe flight of civil aircraft in this AD action by September 13, 2007. Issued in Renton, Washington, on July 18, air commerce by prescribing regulations Affected ADs 2007. for practices, methods, and procedures Stephen P. Boyd, (b) None. the Administrator finds necessary for Acting Manager, Transport Airplane safety in air commerce. This regulation Applicability Directorate, Aircraft Certification Service. is within the scope of that authority (c) This AD applies to Hawker Beechcraft [FR Doc. E7–14637 Filed 7–27–07; 8:45 am] because it addresses an unsafe condition Model Hawker 800XP airplanes, certificated BILLING CODE 4910–13–P that is likely to exist or develop on in any category; as identified in Raytheon products identified in this rulemaking Service Bulletin SB 24–3772, dated February action. 2006. DEPARTMENT OF TRANSPORTATION Regulatory Findings Unsafe Condition (d) This AD results from reports of wire Federal Aviation Administration We have determined that this bundle interference in the DA panel, chafed proposed AD would not have federalism wire bundles, and exposed conductors. We 14 CFR Part 39 implications under Executive Order are issuing this AD to prevent chafing of wire bundles, which could cause an electrical [Docket No. FAA–2007–28435; Directorate 13132. This proposed AD would not Identifier 2007–CE–054–AD] have a substantial direct effect on the short and consequent loss of several functions essential for safe flight and smoke States, on the relationship between the or fire in the flight compartment and main RIN 2120–AA64 national Government and the States, or cabin. on the distribution of power and Airworthiness Directives; GROB– responsibilities among the various Compliance WERKE GMBH & CO KG Models G102 levels of government. (e) You are responsible for having the ASTIR CS, G102 CLUB ASTIR III, G102 For the reasons discussed above, I actions required by this AD performed within CLUB ASTIR IIIb, and G102 the compliance times specified, unless the STANDARD ASTIR III Gliders certify that the proposed regulation: actions have already been done. 1. Is not a ‘‘significant regulatory AGENCY: Federal Aviation Inspection and Corrective Actions action’’ under Executive Order 12866; Administration (FAA), Department of 2. Is not a ‘‘significant rule’’ under the (f) Within 600 flight hours or 12 months Transportation (DOT). DOT Regulatory Policies and Procedures after the effective date of this AD, whichever occurs first, do a detailed inspection of panel ACTION: Notice of proposed rulemaking (44 FR 11034, February 26, 1979); and DA wiring for clearance and for signs of (NPRM). 3. Will not have a significant chafing or exposed conductors, in accordance economic impact, positive or negative, with the Accomplishment Instructions of SUMMARY: We propose to adopt a new on a substantial number of small entities Raytheon Service Bulletin SB 24–3772, dated airworthiness directive (AD) for the under the criteria of the Regulatory February 2006. If any wire is touching the products listed above. This proposed Flexibility Act. panel, structure, or equipment, or if evidence AD results from mandatory continuing of chafing or exposed conductors exists, airworthiness information (MCAI) We prepared a regulatory evaluation before further flight, repair or replace the of the estimated costs to comply with originated by an aviation authority of wires and cable ties with new ones, in another country to identify and correct this proposed AD and placed it in the accordance with the service bulletin. AD docket. See the ADDRESSES section an unsafe condition on an aviation Note 1: For the purposes of this AD, a product. The MCAI describes the unsafe for a location to examine the regulatory detailed inspection is: ‘‘An intensive evaluation. examination of a specific item, installation, condition as: or assembly to detect damage, failure, or As a result of the replacement action of the List of Subjects in 14 CFR Part 39 irregularity. Available lighting is normally G 103 TWIN ASTIR spar spigot assemblies, Air transportation, Aircraft, Aviation supplemented with a direct source of good the Gliding Federation of Australia issued a safety, Safety. lighting at an intensity deemed appropriate. directive to inspect the similar main spigots Inspection aids such as mirror, magnifying of single-seater sailplanes. The Proposed Amendment lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be The proposed AD would require actions Accordingly, under the authority required.’’ that are intended to address the unsafe delegated to me by the Administrator, (g) Although Raytheon Service Bulletin SB condition described in the MCAI. the FAA proposes to amend 14 CFR part 24–3772, dated February 2006, specifies to DATES: We must receive comments on 39 as follows: submit certain information to the this proposed AD by August 29, 2007.

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ADDRESSES: You may send comments by Discussion provided in the MCAI and related any of the following methods: service information. • The Luftfahrt-Bundesamt (LBA), DOT Docket Web Site: Go to http:// which is the airworthiness authority for We might also have proposed dms.dot.gov and follow the instructions Germany, has issued AD 91–5/2 Grob, different actions in this AD from those for sending your comments dated February 1, 1991 (referred to after in the MCAI in order to follow FAA electronically. this as ‘‘the MCAI’’), to correct an unsafe policies. Any such differences are • Fax: (202) 493–2251. highlighted in a NOTE within the • condition for the specified products. Mail: U.S. Department of The MCAI states: proposed AD. Transportation, Docket Operations, M– 30, West Building Ground Floor, Room As a result of the replacement action of the Costs of Compliance W12–140, 1200 New Jersey Avenue, SE., G 103 TWIN ASTIR spar spigot assemblies, the Gliding Federation of Australia issued a Based on the service information, we Washington, DC 20590. estimate that this proposed AD would • directive to inspect the similar main spigots Hand Delivery: U.S. Department of of single-seater sailplanes. affect about 75 products of U.S. registry. Transportation, Docket Operations, M– We also estimate that it would take The MCAI requires you to inspect the 30, West Building Ground Floor, Room about 24 work-hours per product to wing main spigot assembly before the W12–140, 1200 New Jersey Avenue, SE., comply with the basic requirements of next flight and replace it. You may Washington, DC 20590, between 9 a.m. this proposed AD. The average labor obtain further information by examining and 5 p.m., Monday through Friday, rate is $80 per work-hour. Required the MCAI in the AD docket. except Federal holidays. parts would cost about $840 per The MCAI compliance time required • Federal eRulemaking Portal: Go to product. Where the service information the wing main spigot assembly to be http://www.regulations.gov. Follow the lists required parts costs that are inspected before the next flight and instructions for submitting comments. covered under warranty, we have replacement of the wing spar spigot assumed that there will be no charge for Examining the AD Docket assembly no later than December 31, these costs. As we do not control 1992. The FAA did not issue an AD on You may examine the AD docket on warranty coverage for affected parties, the single-seat versions (Models G102 the Internet at http://dms.dot.gov; or in some parties may incur costs higher ASTIR CS, G102 CLUB ASTIR III, G102 person at the Docket Management than estimated here. Facility between 9 a.m. and 5 p.m., CLUB ASTIR IIIb, and G102 STANDARD ASTIR III) at the time the Based on these figures, we estimate Monday through Friday, except Federal the cost of the proposed AD on U.S. holidays. The AD docket contains this German airworthiness authority issued its AD. operators to be $207,000, or $2,760 per proposed AD, the regulatory evaluation, product. any comments received, and other Relevant Service Information information. The street address for the Authority for This Rulemaking Docket Office (telephone (800) 647– Grob Luft- und Raumfahrt has issued Service Bulletin TM 306–29; TM 320–5, Title 49 of the United States Code 5527) is in the ADDRESSES section. issue date: October 11, 1990. The specifies the FAA’s authority to issue Comments will be available in the AD rules on aviation safety. Subtitle I, docket shortly after receipt. actions described in this service information are intended to correct the section 106, describes the authority of FOR FURTHER INFORMATION CONTACT: Greg unsafe condition identified in the the FAA Administrator. ‘‘Subtitle VII: Davison, Glider Program Manager, FAA, MCAI. Aviation Programs,’’ describes in more Small Airplane Directorate, 901 Locust, detail the scope of the Agency’s Room 301, Kansas City, Missouri 64106; FAA’s Determination and Requirements authority. telephone: (816) 329–4130; fax: (816) of the Proposed AD We are issuing this rulemaking under 329–4090. This product has been approved by the authority described in ‘‘Subtitle VII, SUPPLEMENTARY INFORMATION: the aviation authority of another Part A, Subpart III, Section 44701: country, and is approved for operation General requirements.’’ Under that Comments Invited in the United States. Pursuant to our section, Congress charges the FAA with We invite you to send any written bilateral agreement with this State of promoting safe flight of civil aircraft in relevant data, views, or arguments about Design Authority, they have notified us air commerce by prescribing regulations this proposed AD. Send your comments of the unsafe condition described in the for practices, methods, and procedures to an address listed under the MCAI and service information the Administrator finds necessary for ADDRESSES section. Include ‘‘Docket No. referenced above. We are proposing this safety in air commerce. This regulation FAA–2007–28435; Directorate Identifier AD because we evaluated all is within the scope of that authority 2007–CE–054–AD’’ at the beginning of information and determined the unsafe because it addresses an unsafe condition your comments. We specifically invite condition exists and is likely to exist or that is likely to exist or develop on comments on the overall regulatory, develop on other products of the same products identified in this rulemaking economic, environmental, and energy type design. action. aspects of this proposed AD. We will Regulatory Findings consider all comments received by the Differences Between This Proposed AD closing date and may amend this and the MCAI or Service Information We determined that this proposed AD proposed AD because of those We have reviewed the MCAI and would not have federalism implications comments. related service information and, in under Executive Order 13132. This We will post all comments we general, agree with their substance. But proposed AD would not have a receive, without change, to http:// we might have found it necessary to use substantial direct effect on the States, on dms.dot.gov, including any personal different words from those in the MCAI the relationship between the national information you provide. We will also to ensure the AD is clear for U.S. Government and the States, or on the post a report summarizing each operators and is enforceable. In making distribution of power and substantive verbal contact we receive these changes, we do not intend to differ responsibilities among the various about this proposed AD. substantively from the information levels of government.

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For the reasons discussed above, I the Gliding Federation of Australia issued a actions from a manufacturer or other source, certify this proposed regulation: directive to inspect the similar main spigots use these actions if they are FAA-approved. 1. Is not a ‘‘significant regulatory of single-seater sailplanes. Corrective actions are considered FAA- action’’ under Executive Order 12866; The MCAI requires you to inspect the wing approved if they are approved by the State 2. Is not a ‘‘significant rule’’ under the main spigot assembly before the next flight of Design Authority (or their delegated DOT Regulatory Policies and Procedures and replace it. agent). You are required to assure the product is airworthy before it is returned to service. (44 FR 11034, February 26, 1979); and Actions and Compliance (3) Reporting Requirements: For any 3. Will not have a significant (f) Unless already done, do the following reporting requirement in this AD, under the economic impact, positive or negative, actions: provisions of the Paperwork Reduction Act on a substantial number of small entities (1) Within the next 10 hours time-in- (44 U.S.C. 3501 et. seq.), the Office of under the criteria of the Regulatory service (TIS) after the effective date of this Management and Budget (OMB) has Flexibility Act. AD, inspect both wing spar spigot assemblies approved the information collection We prepared a regulatory evaluation for cracks using a dye penetrant or magnetic requirements and has assigned OMB Control of the estimated costs to comply with particle method following Grob Luft- und Number 2120–0056. this proposed AD and placed it in the Raumfahrt Service Bulletin TM 306–29; TM Related Information AD docket. 320–5, issue date: October 11, 1990. The use of the magnification method is prohibited. (h) Refer to MCAI Federal Republic of List of Subjects in 14 CFR Part 39 Note 1: If dye penetrant method is used, Germany Luftfahrt-Bundesamt AD 91–5/2 great care should be exercised when cleaning Grob, dated February 1, 1991; and Grob Luft- Air transportation, Aircraft, Aviation und Raumfahrt Service Bulletin TM 306–29; safety, Safety. and/or etching the surfaces and interpreting surface faults. TM 320–5, issue date: October 11, 1990; for related information. The Proposed Amendment (2) Replace the wing main spigot assembly Accordingly, under the authority following Grob Luft- und Raumfahrt Service Issued in Kansas City, Missouri, on July 24, 2007. delegated to me by the Administrator, Bulletin TM 306–29; TM 320–5, issue date: the FAA proposes to amend 14 CFR part October 11, 1990, using whichever of the James E. Jackson, following compliance times that apply: 39 as follows: Acting Manager, Small Airplane Directorate, (i) If cracks are found during the inspection Aircraft Certification Service. PART 39—AIRWORTHINESS required in paragraph (f)(1) of this AD, before [FR Doc. E7–14641 Filed 7–27–07; 8:45 am] further flight; or DIRECTIVES (ii) If no cracks are found during the BILLING CODE 4910–13–P 1. The authority citation for part 39 inspection required in paragraph (f)(1) of this continues to read as follows: AD, within the next 12 months after the effective date of this AD. DEPARTMENT OF THE TREASURY Authority: 49 U.S.C. 106(g), 40113, 44701. FAA AD Differences Internal Revenue Service § 39.13 [Amended] Note 2: This AD differs from the MCAI 2. The FAA amends § 39.13 by adding and/or service information as follows: 26 CFR Part 1 the following new AD: (1) The MCAI compliance time required [REG–101001–05] GROB–WERKE GMBH & CO KG: Docket No. the wing main spigot assembly to be FAA–2007–28435; Directorate Identifier inspected before the next flight and RIN 1545-BE80 2007–CE–054–AD. replacement of the wing spar spigot assembly no later than December 31, 1992. This Comments Due Date Abandonment of Stock and Other proposed AD requires inspection within the Securities (a) We must receive comments by August next 10 hours TIS after the effective date of 29, 2007. this AD and replacement prior to further AGENCY: Internal Revenue Service (IRS), flight after the inspection where cracks are Treasury. Affected ADs found or 12 months after the effective date ACTION: (b) None. of this AD if no cracks are found. Notice of proposed rulemaking. Applicability (2) In lieu of authorizing a 10x magnifier SUMMARY: These proposed regulations for inspection as specified in the MCAI, this provide guidance concerning the (c) This AD applies to the gliders Model proposed AD requires you use either a dye G102 ASTIR CS, serial numbers (SNs) 1001 penetrant or magnetic particle inspection availability and character of a loss through 1536; Model G102 CLUB ASTIR III, method. deduction under section 165 of the SNs 5501 (suffix C) through 5652 (suffix C); Internal Revenue Code for losses Model G102 CLUB ASTIR IIIb, SNs 5501 Other FAA AD Provisions sustained from abandoned securities. (suffix Cb) through 5652 (suffix Cb); and (g) The following provisions also apply to These proposed regulations are Model G102 STANDARD ASTIR III, SNs this AD: 5501 (suffix S) through 5652 (suffix S), that necessary to clarify the tax treatment of (1) Alternative Methods of Compliance are: losses from abandoned securities and (1) Equipped with any wing spar spigot (AMOCs): The Manager, Standards Staff, will affect any taxpayer claiming a assembly that has not been replaced FAA, has the authority to approve AMOCs deduction for a loss from abandoned following Grob Luft- und Raumfahrt Service for this AD, if requested using the procedures securities after the date these Bulletin TM 306–29; TM 320–5, issue date: found in 14 CFR 39.19. Send information to ATTN: Greg Davison, Glider Program regulations are published as final October 11, 1990; and regulations in the Federal Register. (2) Are certificated in any category. Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri DATES: Written or electronic comments Subject 64106; telephone: (816) 329–4130; fax: (816) and requests for a public hearing must (d) Air Transport Association of America 329–4090. Before using any approved AMOC be received by October 29, 2007. on any airplane to which the AMOC applies, (ATA) Code 57: Wings. ADDRESSES: Send submissions to: notify your appropriate principal inspector Reason (PI) in the FAA Flight Standards District CC:PA:LPD:PR (REG–101001–05), room (e) The mandatory continuing Office (FSDO), or lacking a PI, your local 5205, Internal Revenue Service, P.O. airworthiness information (MCAI) states: FSDO. Box 7604, Ben Franklin Station, As a result of the replacement action of the (2) Airworthy Product: For any Washington, DC 20044. Submissions G 103 TWIN ASTIR spar spigot assemblies, requirement in this AD to obtain corrective may be hand-delivered Monday through

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Friday between the hours of 8 a.m. and exchange of securities as capital losses, that fails to qualify under section 332) 4 p.m. to CC:PA:LPD:PR (REG–101001– because both losses represent a loss of is prescribed by section 165(g)). 05), Courier’s Desk, Internal Revenue capital in a transaction entered into for Although a taxpayer need not Service, 1111 Constitution Avenue, profit. See H. Rep. No. 1860, 75th Cong., relinquish legal title to property in all NW., Washington, DC, 20224, or sent 3d Sess., at 18–19 (1938). cases to establish abandonment, in view electronically, via the IRS Internet site The Treasury Department and the IRS of the nature of a taxpayer’s rights in at http://www.irs.gov/regs or via the understand that some taxpayers have stock and other securities these Federal eRulemaking Portal at http:// taken the position that a loss under proposed regulations require that to www.regulations.gov (indicate IRS REG– section 165(a) resulting from the abandon a security, a taxpayer must 101001–05). abandonment of a security is not subject permanently surrender and relinquish FOR FURTHER INFORMATION CONTACT: to the loss characterization rules all rights in the security and receive no Concerning the proposed regulations, provided in section 165(g). consideration in exchange for the Lisa S. Dobson at (202) 622–7790, or Property that has become worthless to security. Sean M. Dwyer at (202) 622–5020; the taxpayer may give rise to a loss Abandonment or Cancellation of Other concerning submissions of comments deduction under section 165(a). In Debt Instruments general, worthlessness is determined by and requests for a hearing, Kelly Banks Section 166(a)(1) allows as a at (202) 622–7180 (not toll-free a combination of subjective and deduction any debt which becomes numbers). objective indicia including a subjective worthless within the taxable year. SUPPLEMENTARY INFORMATION: determination of worthlessness to the Under section 166(b), the basis for taxpayer and objective evidence of a determining the amount of the Background and Explanation of closed and completed transaction. See deduction is the adjusted basis of the Provisions Echols v. Commissioner, 950 F.2d 209 debt. Section 166(a)(2) permits a This document proposes to amend (5th Cir. 1991); Boehm v. Commissioner, deduction for partially worthless debts. § 1.165–5 of the Income Tax Regulations 326 U.S. 287 (1945). For purposes of It provides that the Secretary, when (26 CFR part 1) to provide guidance section 165(a), the act of abandonment satisfied that a debt is recoverable only concerning the Federal income tax is an event that establishes both of these in part, may allow a deduction for the treatment of abandoned securities. elements. Rev. Rul. 2004–58, 2004–1 CB debt in an amount not in excess of the 1043, see § 601.601(d)(2)(ii)(b). Abandonment of Securities part charged off within the taxable year. Although an act of abandonment may be The courts have noted that the tests for Section 165(a) of the Code allows a ‘‘one of several factors in the analysis of worthlessness under section 165 and deduction for any loss sustained during whether the taxpayer’s subjective under section 166 are fundamentally the the taxable year and not compensated determination of an asset’s same. See United States v. S.S. White for by insurance or otherwise. Section worthlessness is sustainable, Dental Mfg. Co., 274 U.S. 398, 401 1.165–1(d)(1) of the Income Tax abandonment is not an indispensable (1927). Regulations provides that a loss is requirement for a worthlessness A creditor may not voluntarily cancel treated as sustained during the taxable deduction under Code section 165.’’ a debt that has value and claim a year in which the loss occurs, as Echols, 950 F.2d at 212. Identifiable deduction under section 166 because evidenced by a closed and completed events may include ‘‘other acts or events the debt is now valueless. See Jostens, transaction, and as fixed by an which reflect the fact that the property Inc. v. Commissioner, 956 F.2d 175, identifiable event occurring in such is worthless.’’ Proesel v. Commissioner, 176–77 (8th Cir. 1992). taxable year. 77 T.C. 992, 1005 (1981). Two categories of worthless debts are Section 165(g)(1) provides that, if any The proposed regulations provide excepted from section 166: nonbusiness security that is a capital asset becomes that, for purposes of applying the loss debts under section 166(d) and debt worthless during the taxable year, the characterization rules of section 165(g), securities under section 166(e). Under resulting loss is treated as a loss from the abandonment of a security section 166(e), section 166 does not the sale or exchange of a capital asset establishes the worthlessness of the apply to a debt that is evidenced by a (that is, as a capital loss) on the last day security to the taxpayer. Under the security as defined in section of the taxable year. Section 165(g)(2) proposed regulations a loss established 165(g)(2)(C). Accordingly, the tax defines security as a share of stock in a by the abandonment of a security that is treatment of debt securities is discussed corporation; a right to subscribe for or a capital asset is treated as a loss from in the Abandonment of Securities to receive a share of stock in a the sale or exchange, on the last day of section of this preamble. corporation; or a bond, debenture, note the taxable year, of a capital asset, Section 166(d)(1)(A) provides that in or certificate or other evidence of unless the exception in section 165(g)(3) the case of a taxpayer other than a indebtedness issued by a corporation or applies. In characterizing losses corporation, section 166(a) does not government with interest coupons or in established by the abandonment of a apply to a nonbusiness debt. Instead, registered form. Section 165(g)(3) security in a manner consistent with under section 166(d)(1)(B), a provides an exception from capital loss other worthless security losses, the nonbusiness debt that becomes treatment for certain worthless proposed regulations further the worthless is considered a loss from the securities in a domestic corporation legislative intent to eliminate ‘‘peculiar sale or exchange of a capital asset held affiliated with the taxpayer. and anomalous results.’’ See H. Rep. No. for not more than one year. A The legislative history of the 1860, 75th Cong., 3d Sess., at 18–19 nonbusiness debt is defined in section predecessor of section 165(g) indicates (1938). See also § 1.332–2(b) and Rev. 166(d)(2) as a debt that is not created or that the provision was enacted to Rul. 2003–125, 2003–2 CB 1243, see acquired in connection with, or the remove the ‘‘peculiar and anomalous § 601.601(d)(2)(ii)(b), (wherein the worthlessness of which is not incurred results’’ that followed from treating character of a loss established in a in, the taxpayer’s trade or business. The losses from the worthlessness of transaction in which a shareholder legislative intent behind section 166(d) securities as ordinary losses or disposes of stock and receives no is in part to provide for parity of tax deductions, and losses from the sale or consideration (specifically, a liquidation treatment with worthless securities

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under section 165(g) and other will be published in the Federal year, of a capital asset. See section investments. See Putnam v. Register. 165(g)(1) and paragraph (c) of this Commissioner, 352 U.S. 82, 91–92 Although the proposed regulations section. To abandon a security, a (1956). provide that for purposes of section taxpayer must permanently surrender The Treasury Department and the IRS 165(g) the term worthless includes and relinquish all rights in the security request comments concerning the abandoned securities for which no and receive no consideration in Federal tax treatment of ‘‘abandoned consideration is received, there may be exchange for the security. For purposes debt’’ other than debt securities, other contexts under the Code or of this section, all the facts and including nonbusiness debts which, regulations in which the tax treatment circumstances determine whether the under section 166(d), are deductible of abandoned securities is unclear or in transaction is properly characterized as when worthless as short-term capital which abandonment and worthlessness an abandonment or other type of losses, and other debt instruments, the should be treated differently. In transaction, such as an actual sale or worthlessness of which gives rise to a addition to comments concerning the exchange, contribution to capital, bad debt deduction under section tax treatment of non-security debt dividend, or gift. 166(a). instruments, comments are requested * * * * * concerning the existence and Proposed Effective Date appropriate tax treatment of abandoned Linda E. Stiff, These proposed regulations are securities in other contexts. Acting Deputy Commissioner for Services and Enforcement. proposed to apply to an abandonment of Drafting Information securities occurring after the date these [FR Doc. E7–14616 Filed 7–27–07; 8:45 am] regulations are published as final The principal authors of these BILLING CODE 4830–01–P regulations in the Federal Register. No regulations are Lisa S. Dobson of the inference is intended regarding the Office of Associate Chief Counsel (Corporate) and Sean M. Dwyer of the treatment for Federal income tax DEPARTMENT OF DEFENSE purposes of an abandonment of Office of Associate Chief Counsel securities occurring before these (Income Tax and Accounting). Other Department of the Army; Corps of regulations are effective. personnel from Treasury Department Engineers and the IRS participated in their Special Analyses development. 33 CFR Part 334 It has been determined that this notice List of Subjects in 26 CFR Part 1 of proposed rulemaking is not a United States Army restricted area, Income taxes, Reporting and significant regulatory action as defined Kuluk Bay, Adak, Alaska recordkeeping requirements. in Executive Order 12866. Therefore, a AGENCY: U.S. Army Corps of Engineers, regulatory assessment is not required. It Proposed Amendments to the DoD. has been determined that section 553(b) Regulations of the Administrative Procedure Act (5 ACTION: Notice of proposed rulemaking Accordingly, 26 CFR part 1 is and request for comments. U.S.C. chapter 5) does not apply to these proposed to be amended as follows: regulations, and, because the regulation SUMMARY: The Corps of Engineers is does not impose a collection of PART 1—INCOME TAXES proposing to establish a restricted area information on small entities, the Paragraph 1. The authority citation within Kuluk Bay, Adak, Alaska. The Regulatory Flexibility Act (5 U.S.C. purpose of this restricted area is to chapter 6) does not apply. Pursuant to for part 1 continues to read, in part, as follows: ensure the security and safety of the Sea section 7805(f) of the Internal Revenue Based Radar, its crew, and other vessels Code, this notice of proposed Authority: 26 U.S.C. 7805 * * * transiting the area. The proposed rulemaking has been submitted to the Par. 2. Section 1.165–5 is amended as restricted area is within an established Chief Counsel for Advocacy of the Small follows: moorage restriction area for the U.S. Business Administration for comment 1. Paragraph (i) is redesignated as Navy. The restricted area will be marked on its impact on small businesses. paragraph (j). on navigation charts as a restricted area Comments and Requests for a Public 2. A new paragraph (i) is added. to insure security and safety for the Hearing The addition reads as follows: public. Before these proposed regulations are § 1.165–5 Worthless securities. DATES: Written comments must be adopted as final regulations, * * * * * submitted on or before August 29, 2007. consideration will be given to any (i) Abandonment of securities. For ADDRESSES: You may submit comments, written comments (a signed original and purposes of section 165 and this section, identified by docket number COE– eight (8) copies) or electronic comments a security that becomes wholly 2007–0023, by any of the following that are submitted timely to the IRS. The worthless includes a security described methods: Treasury Department and the IRS in paragraph (a) of this section that is Federal eRulemaking Portal: http:// specifically request comments on the abandoned and otherwise satisfies the www.regulations.gov. Follow the clarity of the proposed rule and how requirements for a deductible loss under instructions for submitting comments. they can be made easier to understand. section 165. If the abandoned security is E-mail: All comments will be available for a capital asset and is not described in [email protected]. Include public inspection and copying. A public section 165(g)(3) and paragraph (d) of the docket number COE–2007–0023 in hearing will be scheduled if requested this section (concerning worthless the subject line of the message. in writing by any person that timely securities of certain affiliated Mail: U.S. Army Corps of Engineers, submits written comments. If a public corporations), the resulting loss is Attn: CECW–CO (David B. Olson), 441 hearing is scheduled, notice of the date, treated as a loss from the sale or G Street, NW., Washington, DC 20314– time, and place for the public hearing exchange, on the last day of the taxable 1000.

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Hand Delivery/Courier: Due to SUPPLEMENTARY INFORMATION: Pursuant small governments will not be security requirements, we cannot to its authorities in Section 7 of the significantly and uniquely affected by receive comments by hand delivery or Rivers and Harbors Act of 1917 (40 Stat. this rulemaking. courier. 266; 33 U.S.C.1) and Chapter XIX, of the List of Subjects in 33 CFR Part 334 Instructions: Direct your comments to Army Appropriations Act of 1919 (40 docket number COE–2007–0023. All Stat. 892; 33 U.S.C.3), the Corps Danger zones, Marine safety, proposes to amend the restricted area comments received will be included in Navigation (water), Restricted areas, regulations in 33 CFR Part 334 by the public docket without change and Waterways. may be made available on-line at adding § 334.1325 as a restricted area http://regulations.gov, including any within Kuluk Bay, Adak, Alaska as For the reasons set out in the personal information provided, unless described below. The proposed preamble, the Corps proposes to amend the commenter indicates that the restricted area is completely within a 33 CFR Part 334 as follows: comment includes information claimed moorage restriction area for the United to be Confidential Business Information States Navy in Kuluk Bay, Adak, Alaska, PART 334–DANGER ZONE AND (CBI) or other information whose which was established at 33 CFR RESTRICTED AREA REGULATIONS disclosure is restricted by statute. Do 334.1320 and is designated on NOAA not submit information that you chart 16475. 1. The authority citation for 33 CFR consider to be CBI, or otherwise Procedural Requirements Part 334 continues to read as follows: protected, through regulations.gov or e- a. Review under Executive Order Authority: 40 Stat. 266 (33 U.S.C. 1) and mail. The regulations.gov Web site is an 12866. This proposed rule is issued 40 Stat. 892 (33 U.S.C. 3). anonymous access system, which means with respect to a military function of the 2. Add § 334.1325 to read as follows: we will not know your identity or Defense Department and the provisions contact information unless you provide of Executive Order 12866 do not apply. § 334.1325 United States Army restricted it in the body of your comment. If you b. Review under the Regulatory area, Kuluk Bay, Adak, Alaska. send an e-mail directly to the Corps Flexibility Act. This proposed rule has without going through regulations.gov, been reviewed under the Regulatory (a) The area. The area within a radius your e-mail address will be Flexibility Act (Pub. L. 96–354) which 1,000 yards around the Sea Base Radar automatically captured and included as requires the preparation of a regulatory mooring site in all directions from part of the comment that is placed in the flexibility analysis for any regulation latitude 51°53′05.4″ N, longitude public docket and made available on the that will have a significant economic 176°33′47.4″ W (NAD 83). Internet. If you submit an electronic impact on a substantial number of small (b) The regulation. (1) No vessel, comment, we recommend that you entities (i.e., small businesses and small person, or other craft shall enter or include your name and other contact Governments). The Corps expects that remain in the restricted area except as information in the body of your the economic impact of the may be authorized by the enforcing comment and with any disk or CD–ROM identification of this restrictive area agency. you submit. If we cannot read your would have practically no impact on the comment because of technical public, no anticipated navigational (2) A ring of eight lighted and marked difficulties and cannot contact you for hazard or interference with existing navigation buoys marking the perimeter clarification, we may not be able to waterway traffic, and accordingly, of the mooring anchor system will consider your comment. Electronic certifies that this proposed regulation, if provide a visible distance reference at a comments should avoid the use of any adopted, will have no significant radius of approximately 800 yards from special characters, any form of economic impact on small entities. latitude 51°53′05.4″ N, longitude encryption, and be free of any defects or c. Review under the National 176°33′47.4″ W (NAD 83). Each buoy viruses. Environmental Policy Act. Due to the has a white light, flashing at 3 second Docket: For access to the docket to administrative nature of this action and intervals with a 2 nautical mile range. read background documents or because there is no intended change in Vessels, persons or other craft must stay comments received, go to http:// the use of the area, the Corps expects at least 200 yards outside the buoys. that this regulation, if adopted, will not www.regulations.gov. All documents in (3) The regulation in this section shall the docket are listed. Although listed in have a significant impact to the quality of the human environment and therefore be enforced by personnel attached to the the index, some information is not Missile Defense Agency and/or by such publicly available, such as CBI or other preparation of an environmental impact other agencies as the Director, MDA– information whose disclosure is statement is not required. An AK, Fort Richardson, Alaska, may restricted by statute. Certain other environmental assessment will be designate. material, such as copyrighted material, prepared after the public notice period is not placed on the Internet and will be is closed and all comments have been Dated: July 25, 2007. publicly available only in hard copy received and considered. It may be Mark Sudol, reviewed at the district office listed at form. Acting Chief, Operations, Directorate of Civil the end of FOR FURTHER INFORMATION Consideration will be given to all Works. CONTACT, above. comments received within 30 days of d. Unfunded Mandates Act. This [FR Doc. E7–14651 Filed 7–27–07; 8:45 am] the date of publication of this notice. proposed rule does not impose an BILLING CODE 3710–92–P FOR FURTHER INFORMATION CONTACT: Mr. enforceable duty among the private David Olson, Headquarters, Operations sector and, therefore, it is not a Federal and Regulatory Community of Practice, private sector mandate and it is not Washington, DC at (202) 761–4922, or subject to the requirements of either Mr. Leroy Phillips, Corps of Engineers, Section 202 or Section 205 of the Alaska District, Regulatory Branch, at Unfunded Mandates Act. We have also (907) 753–2828. found under Section 203 of the Act, that

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DEPARTMENT OF COMMERCE ensure prompt consideration of any Bd.R. 41.3. See Manual of Patent comments. Examining Procedure, § 1002.02(f) (8th Patent and Trademark Office Because the comments will be made ed., Aug., 2006). available to the public, the comments Proposed Bd. R. 41.2 would also 37 CFR Part 41 should not include information that the revise Bd.R. 41.2 to eliminate a petition [Docket No.: PTO–P–2007–0006] submitter does not wish to have under Proposed Bd.R. 41.3 from the published. Comments that include definition of contested case. At the RIN 0651–AC12 confidentiality notices will not be present time, there are no petitions entered into the record. authorized in a contested case. Rules of Practice Before the Board of FOR FURTHER INFORMATION CONTACT: Patent Appeals and Interferences in Ex Fred Petitions Parte Appeals E. McKelvey or Allen R. MacDonald at 571–272–9797. Bd.R. 41.3 would be revised to include a delegation of authority from AGENCY: United States Patent and SUPPLEMENTARY INFORMATION: Trademark Office, Commerce. the Director to the Chief Administrative Explanation of Proposed Changes Patent Judge to decide certain petitions ACTION: Notice of proposed rule making. Existing rules in Part 1 are authorized by Part 41 as proposed to be SUMMARY: The Under Secretary of denominated as ‘‘Rule x’’ in this revised. The delegation of authority Commerce for Intellectual Property and supplementary information. A reference would be in addition to that already set Director of the United States Patent and to Rule 136(a) is a reference to 37 CFR out in Manual of Patent Examining Trademark Office proposes changes to 1.136(a) (2006). Procedure, § 1002.02(f) (8th ed., Aug., the rules governing practice before the Existing rules in Part 41 are 2006). The petitions would include (1) Board of Patent Appeals and denominated as ‘‘Bd.R. x’’ in this seeking an extension of time to file Interferences in ex parte patent appeals. supplementary information. A reference certain papers after an appeal brief is The changes are needed to permit the to Bd.R. 41.3 is a reference to 37 CFR filed in an ex parte appeal, and (2) to Board to handle an increasing number 41.3 (2006). enlarge the page limit of an appeal brief, of ex parte appeals in a timely manner. Proposed rules are denominated as reply brief, supplemental reply brief or The proposed rules seek to provide ‘‘Proposed Bd.R.’’ in this supplementary request for rehearing. examiners and Office reviewers with a information. Proposed Bd.R. 41.3(a) would require clear and complete statement of an The Board has jurisdiction to consider that a copy of any petition be forwarded appellant’s position at the time of filing and decide ex parte appeals in patent to the Chief Administrative Patent an appeal brief so as to enhance the applications (including reissue, design Judge, so as to minimize any chance that likelihood that appealed claims will be and plant patent applications) and ex a petition may be overlooked. allowed without the necessity of further parte reexamination proceedings. Proposed Bd.R. 41.3(b) would define proceeding with the appeal, minimize The Board is currently experiencing a the scope of petitions which can be filed the pendency of appeals before the large increase in the number of ex parte pursuant to the rules. Under Proposed Office, minimize the need for lengthy appeals. In FY 2006, the Board received Bd.R. 41.3(b), a petition could not be patent term adjustments in cases where 3,349 ex parte appeals. In FY 2007, the filed to seek review of issues committed claims become allowable as a result of Board expects to receive more than by statute to a panel. See, e.g., In re an action by the Board in an appeal, 4,000 ex parte appeals. In FY 2008, the Dickinson, 299 F.2d 954, 958, 133 USPQ provide uniform treatment of requests Board expects to receive over 5,000 ex 39, 43 (CCPA 1962). for an extension of time filed after an parte appeals. These rules are proposed Timeliness of Petitions to change procedures in such a way as appeal brief is filed, and make the Proposed Bd.R. 41.4(c) would be to allow the Board to continue to resolve decision-making process more efficient. revised to add the phrase ‘‘Except to the ex parte appeals in a timely manner. DATES: Comments are solicited from extent provided in this part’’ and to The proposed rules do not propose to interested individuals or entities. revise paragraph 2 to read: ‘‘Filing of a change any of the rules relating to inter Written comments must be received on notice of appeal and an appeal brief (see partes reexamination appeals. Nor do or before September 28, 2007. No public §§ 41.31(c) and 41.37(c)).’’ The revision the proposed rules propose to change hearing will be held. would restrict Proposed Bd.R. 41.4(c)(2) any of the rules relating to contested ADDRESSES: Submit comments: to the notice of appeal and appeal brief. cases. 1. By electronic mail to The Chief Administrative Patent Judge In some instances, the rules propose [email protected]. would determine whether extensions to adopt practices similar to those of the 2. By mail to Mail Stop Interference, are to be granted for the filing of most Court of Appeals for the Federal Circuit. Director of the United States Patent and other papers during the pendency of the For example, an appendix would be Trademark Office, P.O. Box 1450, appeal. Alexandria, VA 22313–1450. required, page limits would be set, and 3. By facsimile to 571–273–0042. a table of contents and a table of Definitions To the extent reasonably possible, the authorities would be required in briefs. Proposed Bd.R. 41.30 would be Office will make the comments Discussion of Specific Rules revised to add a definition of ‘‘record on available at http://www.uspto.gov/web/ appeal.’’ The record on appeal would offices/dcom/bpai/. To facilitate this Definitions consist of (1) the specification, (2) goal, the Office strongly encourages the Proposed Bd.R. 41.2 would revise drawings (if any), (3) U.S. patents cited submission of comments electronically, Bd.R. 41.2 to eliminate from the by the examiner or appellant, (4) in either ASCII format or ADOBE definition of ‘‘Board’’ any reference to a published U.S. applications cited by the portable document format (pdf). proceeding under Bd.R. 41.3 relating to examiner or appellant, (5) the appeal Regardless of which submission mode is petitions to the Chief Administrative brief, including all appendices, (6) the used to make a submission, the Patent Judge. The Director has delegated examiner’s answer, (7) any reply brief, submitter should write only ‘‘Ex parte authority to the Chief Administrative including any supplemental appendix, Appeal Rules’’ in the subject line to Patent Judge to decide petitions under (8) any supplemental examiner’s

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answer, (9) any supplemental reply requirement. The proposed rules will not be admitted, except as brief, (10) any request for rehearing, (11) contemplate that some petitions relating permitted by (1) Proposed Bd.R. any order or decision entered by the to non-appealable issues are to be 41.39(b)(1) (request to reopen Board or the Chief Administrative decided by the Chief Administrative prosecution after new rejection in an Patent Judge, and (12) any other Patent Judge. Some of those non- examiner’s answer), (2) Proposed Bd.R. document or evidence which was appealable issues include: (1) A petition 41.50(b)(1) (request to reopen considered by the Board as indicated in to exceed page limit and (2) a petition prosecution after entry of a any opinion accompanying any order or to extend time for filing a paper in the supplemental examiner’s answer decision. The definition would advise appeal after the filing of the appeal following a remand by the Board), (3) applicants of what documents the Board brief. An applicant or patent owner Proposed Bd.R. 41.50(d)(1) (request to would consider in resolving the appeal. dissatisfied with a decision of an reopen prosecution after entry of new The definition would also make it clear examiner on a non-appealable issue rejection by the Board), and (4) to any reviewing court what record was would be required to seek review by Proposed Bd.R. 41.50(e) (amendment considered by the Board. petition before an appeal is considered after recommendation by the Board). on the merits. Failure to timely file a Appeal to Board Proposed Bd.R. 41.33(d) would petition seeking review of a decision of provide that evidence filed after a notice Proposed Bd.R. 41.31(a) would the examiner related to a non- of appeal is filed and before an appeal provide that an appeal is taken from a appealable issue would generally brief is filed may be admitted (1) if the decision of the examiner to the Board by constitute a waiver to have those issues examiner determines that the evidence filing a notice of appeal. The following considered. The language ‘‘[f]ailure to overcomes some or all rejections under language would be acceptable under the timely file’’ would be interpreted to appeal and (2) appellant shows good rule as proposed: ‘‘An appeal is taken mean not filed within the time set out cause why the evidence was not earlier from the decision of the examiner in the rules. The object of the rule, as presented. The first step in an analysis entered [specify date appealed rejection proposed, would be to maximize of whether evidence may be admitted is was entered].’’ An appeal can be taken resolution of non-appealable issues a showing of good cause why the when authorized by the statute. 35 before an appeal is considered on the evidence was not earlier presented. The U.S.C. 134. The provision of Bd.R. merits. Under current practice, an Office has found that too often an 41.31(b) that a notice of appeal need not applicant or a patent owner often does applicant or a patent owner belatedly be signed has been removed. not timely seek to have non-appealable Accordingly, if promulgated, Proposed presents evidence as an afterthought issues resolved thereby necessitating a and that the evidence was, or should Bd.R. 41.31 would no longer provide remand by the Board to the examiner to that a notice of appeal need not be have been, readily available. Late have a non-appealable issue resolved. presentation of evidence is not signed. Instead, papers filed in The remand adds to the pendency of an connection with an appeal, including consistent with efficient administration application or reexamination of the appeal process. Under the rule, as the notice of appeal, would need to be proceeding and, in some instances, may signed. proposed, the Office would strictly unnecessarily enlarge patent term apply the good cause standard. Cf. Hahn Proposed Bd.R. 41.31(b) would adjustment. The Office would intend to v. Wong, 892 F.2d 1028, 13 USPQ2d require that the notice of appeal be strictly enforce the waiver provisions of 1313 (Fed. Cir. 1989). For example, a accompanied by the fee required by law Proposed Bd.R. 41.31(e), if promulgated, change of attorneys at the appeal stage and would refer to the rule that specifies with the view of making the appeal or an unawareness of the requirement of the required fee. process administratively efficient. While a rule would not constitute a showing Proposed Bd.R. 41.31(c) would the Office will retain discretion to of good cause. If good cause is not specify the time within which a notice excuse a failure to timely settle non- shown, the analysis ends and the of appeal would have to be filed in appealable issues, it is expected that evidence would not be admitted. In order to be considered timely. The time exercise of that discretion will be those cases where good cause is shown, for filing a notice of appeal appears in reserved for truly unusual a second analysis will be made to Rule 134. circumstances. Proposed Bd.R. 41.31(d) would determine if the evidence would provide that a request for an extension Amendments and Evidence Filed After overcome all rejections. Even where of time to file a notice of appeal in an Appeal and Before Brief good cause is shown, if the evidence application is governed by Rule 136(a). Proposed Bd.R. 41.33(a) would does not overcome all rejections, the Proposed Bd.R. 41.31(d) would also provide that an amendment filed after evidence would not be admitted. provide that a request for an extension the date a notice of appeal is filed and Alternatively, the examiner could of time to file a notice of appeal in an before an appeal brief is filed may be determine that the evidence does not ex parte reexamination proceeding is admitted as provided in Rule 116. overcome all the rejections and on that governed by Rule 550(c). Proposed Bd.R. 41.33(b) would give basis alone could refuse to admit the Proposed Bd.R. 41.31(e) would define the examiner discretion to permit entry evidence. a ‘‘non-appealable issue’’ as an issue of an amendment filed with or after an Proposed Bd.R. 41.33(e) would that is not subject to an appeal under 35 appeal brief is filed under two provide that evidence filed after an U.S.C. 134. Non-appealable issues are circumstances. A first circumstance appeal brief is filed will not be admitted issues (1) over which the Board does not would be to cancel claims, provided except as permitted by (1) Proposed exercise authority in appeal proceedings cancellation of claims does not affect Bd.R. 41.39(b)(1) (request to reopen and (2) which are handled by a petition. the scope of any other pending claim in prosecution after new rejection in Non-appealable issues include such the proceedings. A second circumstance examiner’s answer), (2) Proposed Bd.R. matters as an examiner’s refusal to (1) would be to rewrite dependent claims 41.50(b)(1) (request to reopen enter a response to a final rejection, (2) into independent form. prosecution after entry of a enter evidence presented after a final Proposed Bd.R. 41.33(c) would supplemental examiner’s answer rejection, (3) enter an appeal brief or a provide that all other amendments filed following a remand by the Board), and reply brief, or (4) withdraw a restriction after the date of an appeal brief is filed (3) Proposed Bd.R. 41.50(d)(1) (request

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to reopen prosecution after new of a remand the Board’s jurisdiction enter a paper notifying an applicant or rejection entered by the Board). ends. The Board also loses jurisdiction patent owner that an appeal stands as a matter of law when an appeal to the terminated would not affect the Jurisdiction Over Appeal Federal Circuit is filed in the USPTO. terminated status of the appeal. The Proposed Bd.R. 41.35(a) would See In re Allen, 115 F.2d 936, 47 USPQ language ‘‘proceedings are considered provide that the Board acquires 471 (CCPA 1940) and In re Graves, 69 terminated’’ would provide notice that jurisdiction upon entry of a docket F.3d 1147, 1149, 36 USPQ2d 1697, 1698 when no appeal brief is filed, the time notice by the Board. At an appropriate (Fed. Cir. 1995). A final decision is a for filing a continuing application under time after proceedings are completed panel decision which disposes of all 35 U.S.C. 120 would be before the time before the examiner, a docket notice issues with regard to a party eligible to expires for filing an appeal brief. would be entered in the application or seek judicial review and does not Proposed Bd.R. 41.37(b) would reexamination proceeding file and sent indicate that further action is needed. provide the appeal brief shall be to the appellant. By delaying the See Bd.R. 41.2 (definition of ‘‘final’’). accompanied by the fee required by transfer of jurisdiction until the appeal When a party requests rehearing, a Bd.R. 41.20(b)(2). is fully briefed and the position of the decision becomes final when the Board Proposed Bd.R. 41.37(c) would appellant is fully presented for decides the request for rehearing. A provide that an appellant must file an consideration by the examiner and the decision including a new rejection is an appeal brief within two months from the Office reviewers (appeal conferees), the interlocutory, not a final, order. If an filing of the notice of appeal. possibility exists that the examiner will appellant elects to ask for rehearing to Proposed Bd.R. 41.37(d) would find some or all of the appealed claims contest a new rejection, the decision on provide the time for filing an appeal patentable without the necessity of rehearing is a final decision for the brief is extendable under the provisions proceeding with the appeal and purpose of judicial review. of Rule 136(a) for applications and Rule invoking the jurisdiction of the Board. Bd.R. 41.35(c) would continue current 550(c) for ex parte reexamination For this reason, jurisdiction should practice and provide that the Director proceedings. Consideration was given to transfer to the Board only after (1) the could sua sponte order an appeal to be proposing a requirement for a petition to appellant has filed an appeal brief, (2) remanded to an examiner before entry of extend the time for filing an appeal the examiner has entered an answer, a Board decision. The Director has brief. However, in view of the pre- and (3) the appellant has filed a reply inherent authority to order a sua sponte appeal conference pilot program (see brief or the time for filing a reply brief remand to the examiner. Ordinarily, a Official Gazette of July 12, 2005; has expired. The current rule (Bd.R. rule is not necessary for the Director to http://www.uspto.gov/web/offices/com/ 41.35(a)) provides that the Board exercise inherent authority. However, in sol/og/2005/week28/patbref.htm), and acquires jurisdiction upon transmittal of this particular instance, it is believed in an effort to encourage continued the file, including all briefs and that a statement in the rule of the participation in that pilot program, examiner’s answers, to the Board. Director’s inherent authority serves an further consideration on whether to However, under the current practice, an appropriate public notice function. require a petition will be deferred appellant may or may not know the date pending further experience by the Office when a file is transmitted to the Board. Appeal Brief in the pre-appeal conference pilot Most files are now electronic files Proposed Bd.R. 41.37 would provide program. (Image File Wrapper or IFW file) as for filing an appeal brief to perfect an Proposed Bd.R. 41.37(e) would opposed to paper files. Accordingly, a appeal and would set out the provide that an appeal brief must paper file is no longer transmitted to the requirements for appeal briefs. The contain, under appropriate headings Board. Under current practice, the appeal brief is a highly significant and in the order indicated, the following Board prepares a docket notice which is document in an ex parte appeal. Appeal items: (1) Statement of the real party in (1) entered in the IFW file and (2) sent brief experience under current Bd.R. interest, (2) statement of related cases, to appellant. Upon receipt of the docket 41.37 has been mixed. Proposed Bd.R. (3) jurisdictional statement, (4) table of notice, appellant knows that the Board 41.37 seeks (1) to take advantage of contents, (5) table of authorities, (6) has acquired jurisdiction over the provisions of Bd.R. 41.37 which have status of claims, (7) status of appeal. Proposed Bd.R. 41.35(a) proved useful, (2) clarify provisions amendments, (8) rejections to be essentially would codify current which have been subject to varying reviewed, (9) statement of facts, (10) practice and establish a precise date, interpretations by counsel, and (3) add argument, and (11) an appendix known to all involved, as to when provisions which are expected to make containing (a) claims section, (b) claim jurisdiction is transferred to the Board. the decision-making process more support section, (c) drawing analysis Proposed Bd.R. 41.35(b) would focused and efficient. section, (d) means or step plus function provide that the jurisdiction of the Proposed Bd.R. 41.37(a) would analysis section, (e) evidence section, Board ends when the Board (1) orders provide that an appeal brief shall be and (f) related cases section. The items a remand, or (2) enters a final decision filed to perfect an appeal. Upon a failure are otherwise defined in other and judicial review is timely sought, or to timely file an appeal brief, subsections of Proposed Bd.R. 41.37 (3) enters a final decision and the time proceedings on the appeal process and, where applicable, would apply to for seeking judicial review has expired. would be considered terminated. The appeal briefs, reply briefs (Proposed There are two occasions when a remand language ‘‘without further action on the Bd.R. 41.41), and supplemental reply is entered. First, a remand is entered part of the Office’’ would provide notice briefs (Proposed Bd.R. 41.44). when the Board is of the opinion that that no action, including entry of a Proposed Bd.R. 41.37(f) would require clarification on a point of fact or law is paper by the Office, would be necessary a ‘‘statement of real party in interest’’ needed. See Proposed Bd.R. 41.50(b). for the appeal to be considered which would include an identification Second, a remand is entered when an terminated. Proposed Bd.R. 41.37(a) of the name of the real party in interest. appellant elects further prosecution would not preclude the Office from The principal purpose of an before the examiner following entry of entering a paper notifying an applicant identification of the name of the real a new rejection by the Board. See or patent owner that the appeal has been party in interest is to permit members of Proposed Bd.R. 41.50(d)(1). Upon entry terminated. Any failure of the Office to the Board to assess whether recusal is

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required or would otherwise be A notice of appeal and a request for a amendment filed October 31, 2006, was appropriate. Another purpose is to assist one-month extension of time under Rule not entered by the examiner, but an employees of the Board to comply with 136(a) was filed on November 15, 2006. amendment filed November 1, 2006, the Ethics in Government Act. Since a The time for filing an appeal brief is two was entered by the examiner.’’ real party in interest can change during months after the filing of a notice of Proposed Bd.R. 41.37(m) would the pendency of an appeal, there would appeal. Bd.R. 41.37(c). The time for require an appeal brief to set out the be a continuing obligation to update the filing an appeal brief expired on January ‘‘rejections to be reviewed,’’ including real party in interest during the 16, 2007 (Monday, January 15, 2007, the claims subject to each rejection. pendency of the appeal. being a Federal holiday). The appeal Examples might read as follows under a Proposed Bd.R. 41.37(g) would brief is being filed on January 16, 2007.’’ heading styled ‘‘Rejections to be require an appeal brief to include a If during the preparation of a reviewed’’: (1) ‘‘Rejection of claim 2 as ‘‘statement of related cases.’’ The jurisdictional statement, an appellant being anticipated under 35 U.S.C. 102(b) statement of related cases would becomes aware that its application is over Johnson.’’ (2) ‘‘Rejection of claims identify related cases by (1) application abandoned, appellant could then take 2–3 as being unpatentable under 35 number, patent number, appeal number steps to revive the application, if revival U.S.C. 103(a) over Johnson and Young.’’ or interference number or (2) court is appropriate. See Rule 137. (3) ‘‘Rejection of claim 2 as failing to docket number. The statement would Proposed Bd.R. 41.37(i) would require comply with the written description encompass all prior or pending appeals, an appeal brief to contain a ‘‘table of requirement of the first paragraph of 35 interferences or judicial proceedings contents’’ identifying the items listed in U.S.C. 112.’’ (4) ‘‘Rejection of claim 2 as known to appellant (or appellant’s legal Proposed Bd.R. 41.37(e) along with a failing to comply with the enablement representative or any assignee) that page reference where each item begins. requirement of the first paragraph of 35 relate to, directly affect, or would be In the case of a reply brief, the table of U.S.C. 112.’’ (5) ‘‘Rejection of claim 3 directly affected by or have a bearing on contents would identify the items under 35 U.S.C. 251 based on the Board’s decision in the appeal. A required by the reply brief rule recapture.’’ copy of any final or significant (Proposed Bd.R. 41.41(d)). In the case of Proposed Bd.R. 41.37(n) would interlocutory decision rendered by the a supplemental reply brief, the table of require a ‘‘statement of facts.’’ Appellant Board or a court in any proceeding contents would identify the items would set out in an objective and non- identified under this paragraph shall be required by the supplemental reply brief argumentative manner the material facts included in the related cases section of rule (Proposed Bd.R. 41.44(d)). relevant to the rejections on appeal, the appendix. A significant Proposed Bd.R. 41.37(j) would require preferably in numbered paragraphs. A interlocutory decision would include (1) an appeal brief to contain a ‘‘table of clear, concise and complete statement of a decision on a patentability motion in authorities.’’ This item would list (1) relevant facts will clarify the position of an interference, or (2) a decision court and administrative decisions an appellant on dispositive issues and interpreting a claim in an interference or (alphabetically arranged), (2) statutes, assist the examiner in reconsidering the by a court. Appellant would be under a and (3) other authorities, along with a patentability of the rejected claims. A continuing obligation to update this reference to the pages of the appeal brief fact would be required to be supported item during the pendency of the appeal. where each authority is cited. A similar by a reference to the page number of the Proposed Bd.R. 41.37(h) would requirement applies to a reply brief and record on appeal. Where appropriate, require an appeal brief to contain a a supplemental reply brief. the citation should also be to a specific ‘‘jurisdictional statement’’ which would Proposed Bd.R. 41.37(k) would line and to a drawing figure and element set out why appellant believes that the require an appeal brief to include a number of the record on appeal (see Board has jurisdiction to consider the ‘‘status of pending claims’’ (e.g., Proposed Bd.R. 41.37(t)). Statements of appeal. The jurisdictional statement rejected—appealed, rejected—not facts should be set out in short would include a statement of (1) the appealed, cancelled, allowable, declarative sentences, and each statute under which the appeal is taken, withdrawn from consideration, or sentence should address a single fact. (2) the date of the decision from which objected to). An example of a status of For example, ‘‘In rejecting claims 1–5, the appeal is taken, (3) the date the pending claims might read as follows the examiner cites Jones (App. [App. notice of appeal was filed, and (4) the under a heading styled ‘‘Status of meaning appendix], page 8, lines x–y).’’ date the appeal brief is being filed. If a pending claims:’’ ‘‘Claims 1–7 are ‘‘Jones describes a widget (App., page notice of appeal or an appeal brief is pending in the application on appeal: 19, col. 8, lines 3–4 and App., page 16, filed after the time specified in the Claim 1 (rejected—not appealed), Figure 1, elements 12 and 13).’’ A rules, appellant would have to indicate Claims 2–3 (rejected—appealed), Claim compound statement of fact is not (1) the date an extension of time was 4 (restricted and withdrawn from proper, e.g., ‘‘Jones describes a widget requested and (2) the date the request consideration), Claim 5 (objected to as (App., page 19, col. 8, lines 3–4) and was granted. A jurisdictional statement depending from rejected claim), and Smith does not describe a device.’’ A would minimize the chance that the Claims 6–7 (allowable).’’ statement of facts would have to be non- Board would consider an appeal when Proposed Bd.R. 41.37(l) would require argumentative, meaning that an the application on appeal is abandoned an appeal brief to indicate the ‘‘status of appellant would not be able to argue its or a reexamination proceeding on amendments’’ for all amendments filed appeal in the statement of facts. Rather, appeal has terminated. An example of a after final rejection (e.g., entered or not the statement of facts is designed to jurisdictional statement in an entered). Examples of a status of require an appellant to set out the facts application under a heading styled amendments might read as follows which the appellant considers material ‘‘Jurisdictional statement’’ would be: under a heading styled ‘‘Status of for resolution of the appeal, thereby ‘‘The Board has jurisdiction under 35 amendments’’: (1) ‘‘No amendment was assisting the examiner initially and, if U.S.C. 134(a). The Examiner entered a filed after final rejection.’’ (2) ‘‘An necessary, the Board thereafter to focus final rejection on August 1, 2006, setting amendment filed October 31, 2006, was on the dispositive portions of the a three-month period for response. The not entered by the examiner.’’ (3) ‘‘An record. For example, in the case of a time for responding to the final rejection amendment filed November 1, 2006, rejection for obviousness under § 103, expired on November 1, 2006. Rule 134. was entered by the examiner.’’ (4) ‘‘An the facts should address at least the

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scope and content of the prior art, any through the record here either more an appeal brief were never earlier differences between the claim on appeal efficient or more pleasant. And it is presented to the examiner even though and the prior art, and the level of skill simply not true, we want to emphasize, they could have been presented in the art. In the past, some appellants that if a litigant presents an overload of (without filing a Rule 116 response). To have provided minimal factual irrelevant or non-probative facts, promote clarity, Proposed Bd.R. 41.37(o) development in an appeal brief, somehow the irrelevancies will add up would also require that each rejection apparently believing that the Board will to relevant evidence * * *’’); and (5) for which review is sought shall be scour the record to divine the facts. It DeSilva v. DiLeonardi, 181 F.3d 865, separately argued under a separate should be remembered that when the 867 (7th Cir. 1999) (‘‘[An appeal] brief heading. Also, Proposed Bd.R. 41.37(o) appeal reaches the Board, the panel must make all arguments accessible to would provide that any finding made or members do not know anything about the judges, rather than ask them to play conclusion reached by the examiner that the appellant’s invention or the archaeologist with the record.’’ See also is not challenged would be presumed to prosecution history of the application (1) Shiokawa v. Maienfisch, 56 USPQ2d be correct. Proposed Bd.R. 41.37(o) on appeal. Likewise, too often an 1970, 1975 (Bd. Pat. App. & Int. 2000) would also refer to paragraphs (4) appellant will not support a statement and (2) LeVeen v. Edwards, 57 USPQ2d through (8) of the rule where additional of fact in an appeal brief by an explicit 1406, 1413 (Bd. Pat. App. & Int. 2000). requirements for making arguments in reference to the evidence. A statement Proposed Bd.R. 41.37(o) would response to statutory rejections would of fact based on the specification would require an appeal brief to contain an be found. be proper if supported by a reference to argument comprising an analysis Proposed Bd.R. 41.37(o)(1) would page and line (and where appropriate explaining, as to each rejection to be provide that when a rejection applies to also to drawing figure and element reviewed, why the appellant believes two or more claims, the appellant could number). A statement of fact based on the examiner erred as to each rejection elect to (1) have all claims stand or fall a patent would be proper if it is to be reviewed. The analysis would together or (2) argue the separate supported by a reference to a column have to address all points made by the patentability of individual claims. The and line (and where appropriate also to examiner with which the appellant choice would be up to the appellant. a drawing figure and element number). disagrees. The presentation of a concise, However, if the appeal brief fails to A statement of fact based on an affidavit but comprehensive, argument in make an explicit or clear election, the would be proper if supported by a response to the final rejection will Board would (1) treat all claims subject reference to a page and line number or efficiently frame any dispute between to the rejection as standing or falling to a page and paragraph number of the the appellant and the examiner not only together and (2) select a single claim to affidavit; the affidavit would appear in for the benefit of the Board but also for decide the appeal as to that rejection. the evidence section of the appendix. consideration by the examiner and Any doubt as to whether an election has The Office is proposing requiring a Office reviewers (appeal conferees) and been made would be resolved against reference to a specific citation because provide the best opportunity for the appellant. For each claim argued an appellant should not expect the resolution of the dispute without the separately, a subheading identifying the examiner or the Board to search the necessity of proceeding with the appeal. claim by number would be required. record to determine whether a statement Where an argument has previously been The requirement for a separate of fact is supported by the evidence. presented to the examiner, the analysis subheading in the appeal brief is to Proposed Bd.R. 41.37(n), as well as would have to identify where any minimize any chance the examiner or other proposed rules, is consistent with argument being made to the Board was the Board would overlook an argument the approaches taken by federal courts made in the first instance to the directed to the separate patentability of concerning appeal brief practice and examiner. Where an argument has not a particular claim. In the past, other briefing practice: (1) Clintec previously been made to the examiner, appellants have been confused about Nutrition Co. v. Baxa Corp., 988 F. an appellant would be required to say whether a statement of what a claim Supp. 1109, 1114, n.16, 44 USPQ2d so in the appeal brief so that the covers is sufficient to constitute an 1719, 1723, n.16 (N.D. Ill. 1997) (where examiner would know that the argument that the claim is separately a party points the court to a multi-page argument is new. An example where an patentable. It is not. A statement that a exhibit without citing a specific portion argument might not previously have claim contains a limitation not present or page, the court will not pour over the been made to an examiner might occur in another claim would not in and of documents to extract the relevant under the following fact scenario. A first itself be sufficient to satisfy the information); (2) Ernst Haas Studio, Inc. office action rejects claims over requirement of Proposed Bd.R. v. Palm Press, Inc., 164 F.3d 110, 112, Reference A. Applicant amends the 41.37(o)(1) that a separate argument be 49 USPQ2d 1377, 1379 (2d Cir. 1999) claims to avoid Reference A. The made. Unless an appellant plans to (‘‘Appellant’s Brief is at best an examiner enters a final rejection now argue the separate patentability of a invitation to the court to scour the relying on References A and B. claim, the appellant would not discuss record, research any legal theory that Applicant elects to appeal without filing or refer to the claim in the argument comes to mind, and serve generally as a response under Rule 116. While section of the appeal brief. A copy of the an advocate for appellant. We decline applicants are encouraged to file a claims will be before the Board in the the invitation.’’); (3) Winner response under Rule 116 to possibly ‘‘claims section’’ (Proposed Bd.R. International Royalty Corp. v. Wang, avoid an appeal all together, at the 41.37(p)). In an application containing 202 F.3d 1340, 1351, 53 USPQ2d 1580, present time there is no requirement for claims 1–3 where the examiner has 1589 (Fed. Cir. 2000) (‘‘[W]e will not an applicant to file a Rule 116 response. made (1) a Section 102 rejection or (2) search the record on the chance of Whether such a requirement should be a Section 103 rejection or (3) both a discovering * * * whether the district made in the future will be held in Section 102 and 103 rejection, examples court abused its discretion.’’); (4) abeyance pending experience under the of a proper statement of ‘‘claims Gorence v. Eagle Food Centers, Inc., 242 rules as proposed, should they standing or falling together’’ would be F.3d 759, 762–63 (7th Cir. 2001) (‘‘Little ultimately be promulgated. The Board as follows: (1) ‘‘With respect to the has been done * * * to make slogging has found that many arguments made in rejection under Section 102, claims 1–

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3 stand or fall together.’’ (2) ‘‘With reliance on Reference C for the first time in and use the subject matter of the respect to the rejection under Section the final rejection (App., page 4), appellant’s rejected claims, or (3) set forth the best 103, claims 1–2 stand or fall together; response includes a new argument which has mode contemplated by the inventor of claim 3 is believed to be separately not been previously presented to the carrying out the claimed invention. examiner. The response is [concisely state Proposed Bd.R. 41.37(o)(5) would patentable.’’ (3) ‘‘With respect to the the response].’’ Use of this format will rejection under Section 102, claims 1– minimize any chance that the examiner will require, for each rejection under 35 2 stand or fall together; claim 3 is overlook an argument when preparing the U.S.C. 112, second paragraph, that the believed to be separately patentable. examiner’s answer. argument shall also specify how the rejected claims particularly point out With respect to the rejection under The recommended argument formats and distinctly claim the subject matter Section 103, the claims stand or fall are intended to be efficient protocols for which appellant regards as the together.’’ assisting the Board in focusing on any Proposed Bd.R. 41.37(o)(2) would invention. differences between the examiner’s and Proposed Bd.R. 41.37(o)(6) would provide that the Board would only appellant’s positions. consider arguments that (1) are require, for each rejection under 35 Paragraphs (4) through (8) of Proposed U.S.C. 102 (anticipation), that the presented in the argument section of the Bd.R. 41.37(o) would reinstitute specific appeal brief and (2) address claims set argument shall also identify any specific requirements not found in Bd.R. 41.37, limitations in the rejected claims which out in the claim support section of the but that appeared in the prior rule (37 appendix. Appellant would waive all are not described (explicitly or CFR 1.192(c)(8)(i) through (v)) (2004). inherently) in the prior art relied upon arguments which could have been, but Since promulgation of Bd.R. 41.37, were not, addressed in the argument in support of the rejection and, suggestions from outside the Office have therefore, why the rejected claims are section of the appeal brief. A first been made to have the Office reinsert example would be where Argument 1 patentable under 35 U.S.C. 102. the requirements of former Rule Proposed Bd.R. 41.37(o)(7) would and Argument 2 are presented in 192(c)(8)(i) through (v) into the rules. response to a final rejection, but only require, for each rejection under 35 These paragraphs would require that U.S.C. 103, that the argument shall (1) Argument 1 is presented in the appeal appellants expressly address the brief. Only Argument 1 would be specify the errors in the rejection, (2) if statutory requirements for patentability. appropriate, specify the specific considered. Argument 2 would be Paragraphs (4) through (7), as under the waived. A second example would be limitations in the rejected claims that Office’s prior rules, would address are not described in the prior art relied where an applicant presents an affidavit rejections under 35 U.S.C. 102, 103 and under Rule 131 or Rule 132 to the upon in support of the rejection, and (3) 112 (first and second paragraphs). There explain how those limitations render examiner, but does not argue the are, of course, other rejections which are relevance of the affidavit in the appeal the claimed subject matter unobvious based on other sections of the Patent over the prior art. A general argument brief. The Board would not consider the Law, e.g., 35 U.S.C. 101 (non-statutory that all limitations are not described in affidavit in deciding the appeal. subject matter, same invention double Proposed Bd.R. 41.37(o)(3) would a single prior art reference would not patenting, and lack of utility), 35 U.S.C. satisfy the requirements of this require that, when responding to points 251 (recapture and presenting claims in made in the final rejection, the appeal paragraph. reissue applications that are broader Proposed Bd.R. 41.37(o)(8) would brief shall specifically (1) identify each than original patent claims), and 35 require for any rejection other than point made by the examiner and (2) U.S.C. 305 (presenting claims in re- those mentioned in Proposed Bd.R. indicate where appellant previously examination proceedings that are 41.37(o)(4) through (7) that the responded to each point that appellant broader than original patent claims). argument shall specify the errors in the has not previously responded to the Likewise, there are non-statutory rejection, including where appropriate point. In supporting any argument, the rejections, such as obvious double the specific limitations in the rejected appellant shall refer to a page and, patenting and interference estoppel. claims upon which the appellant relies where appropriate a line, in the Since the vast majority of the rejections to establish error. evidence section of the appendix, are based on sections 102, 103 and 112, Proposed Bd.R. 41.37(p) would specification, drawings (if any), U.S. it is proposed to have requirements in require an appeal brief to contain a patents, and published U.S. the rules related only to those rejections. ‘‘claims section’’ in the appendix which applications. Examples of argument Setting out requirements for other would consist of an accurate clean copy formats that would be acceptable under rejections is presently viewed as in numerical order of all claims pending Proposed Bd.R. 41.37(o)(3) follow. counterproductive and complicated in the application or reexamination Example 1. In the case where an argument since it would be impossible to address proceeding on appeal. The claims had been previously presented to the all the various possibilities for those section of the appendix would include examiner, the following format would be other rejections. Accordingly, a ‘‘catch- all pending claims, not just those under acceptable under Proposed Bd.R. 41.37(o)(3). ‘‘The examiner states that Reference A all’’ for other rejections is set out in rejection. The status of each claim teaches element B. Final Rejection, App., Proposed Bd.R. 41.37(o)(8). would have to be indicated. page x, lines y–z. In response, appellant Proposed Bd.R. 41.37(o)(4) would Proposed Bd.R. 41.37(q) would previously pointed out to the examiner why require, for each rejection under 35 require an appeal brief to contain a the examiner is believed to have erred. App., U.S.C. 112, first paragraph, that the ‘‘claim support section’’ of the pages 8–9. The response is [concisely state argument shall also specify the errors in appendix. The claim support section the response].’’ A similar format has been the rejection and how the rejected would replace Bd.R. 41.37(c)(1)(v) successfully used for some years in claims comply with the first paragraph which requires a concise explanation of oppositions and replies filed in interference of 35 U.S.C. 112, including, as the subject matter defined in each of the cases. Example 2. Alternatively, in the case appropriate, how the specification and independent claims on appeal. The where an argument has not been previously drawings, if any, (1) describe the subject claim support section, for each claim made to the examiner, the following format matter defined by the rejected claims, argued separately (see Proposed Bd.R. would be acceptable under Proposed Bd.R. (2) enable any person skilled in the art 41.37(o)(1)), would consist of an 41.37(o)(3). ‘‘In response to the examiner’s to which the invention pertains to make annotated copy of the claim indicating

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in bold face between braces ({}) after sequence residue number, each cited U.S. patents and published U.S. each limitation where, by page and line limitation is shown in the drawing or applications, would constitute the numbers, the limitation is described in sequence. A drawing analysis has been record upon which the appeal would be the specification as filed. Braces ({}) are required in interference cases since decided. The word ‘‘evidence’’ would used instead of brackets [ ] because 1998 and has proven useful to the Board be construed broadly and would include brackets are used in reissue claim in understanding claimed inventions amendments, affidavits or declaration, practice. Unlike the ‘‘claims section’’ described in applications and patents non-patent literature, foreign patents (see Proposed Bd.R. 41.37(p)), only involved in an interference. The and publications, published PCT those claims being argued separately drawing analysis section is expected to documents, and any other material would need to appear in the ‘‘claim be equally useful in ex parte appeals. If admitted into the record by the support section.’’ A significant objective there is no drawing or amino acid or examiner. The evidence section would of the ‘‘claim support section’’ would be nucleotide material sequence, the include (1) table of contents, (2) the to provide the examiner and the Board drawing analysis section would state Office action setting out the rejection on with appellant’s perspective on where that there is no drawing or sequence. appeal (including any Office action that language of the claims (including The purpose of requiring a statement is may be incorporated by reference), (3) specific words used in the claims, but to be certain that a drawing analysis has all evidence (except the specification, not in the specification) finds support in not been overlooked. any drawings, U.S. patents and the specification. Finding support for Proposed Bd.R. 41.37(s) would published U.S. applications) upon language in the claims can help the require an appeal brief to contain a which the examiner relied in support of examiner and the Board construe ‘‘means or step plus function analysis the rejection on appeal, (4) the relevant claimed terminology and limitations section’’ in the appendix. The means or portion of papers filed by the appellant when applying the prior art. The claim step plus function analysis section during prosecution before the examiner support section of the appendix would would replace the requirement of which show that an argument being help the Board to interpret the scope of current Bd.R. 41.37(c)(1)(v) relating to made on appeal was made in the first claims, or the meaning of words in a identification of structure, material or instance to the examiner, (5) affidavits claim, before applying the prior art. acts for means or step plus function or declarations upon which the Practice under current Bd.R. claims limitations contained in appellant relied before the examiner, 41.37(c)(1)(v) has not been efficient appealed claims. Under Proposed Bd.R. and (6) other evidence upon which the because of the diverse manners in 41.37(s), the means or step plus function appellants relied before the examiner. If which different appellants have analysis section would include each the examiner believes that other attempted to comply with the current claim argued separately (see Proposed material should be included in the practice. One significant problem faced Bd.R. 41.37(o)(1)) that contains a evidence section, the examiner would by the Board under the current practice limitation that appellant regards as a be able to attach that evidence to the occurs when the language of a claim means or step plus function limitation examiner’s answer. Pursuant to does not have direct antecedent in the form permitted by the sixth Proposed Bd.R. 41.37(v)(1), all pages of language in the specification. In order paragraph of 35 U.S.C. 112. Further, for an appeal brief or a reply brief for the Board to understand the scope of each such claim, a copy of the claim (including appendices to those briefs) a claim or the meaning of a term in the would be reproduced indicating in bold would be consecutively numbered face between braces ({}) the specific claim, the Board primarily relies on the beginning with page 1. Appeal briefs, portions of the specification and specification. Moreover, in practice examiner’s answers, reply briefs, drawing that describe the structure before the Office, a claim is given its supplemental examiner’s answers, material or acts corresponding to each broadest reasonable construction supplemental reply briefs, and opinions claimed function. If the appealed claims consistent with the specification. of the Board would be able to cite the do not contain any means or step plus However, when the language of the ‘‘record’’ by reference to a page of the function limitations, the section would claim does not find correspondence in evidence section or any supplemental state that there is no means or step plus appendix. If the appellant, the the specification, as filed, often it is function limitation in any claim on examiner, and the Board all cite to a difficult to determine the meaning of a appeal. The Office is proposing to well-defined record, confusion over particular word in a claim or to give the require a particular format for the means what a reference to a piece of evidence claim its broadest reasonable or step plus function analysis section to means should be diminished. interpretation. The claim support avoid the confusion that arises from the Proposed Bd.R. 41.37(u) would section of the appendix would give the variety of ways appellants employ require an appeal brief to contain a examiner and the Board the appellant’s under current practice in attempting to ‘‘related cases section’’ in the appendix. view on where the claim is supported comply with the requirements of Bd.R. The related cases section would consist by the application, as filed. The 41.37(c)(1)(v). A means or step plus of copies of orders and opinions proposed requirement, if promulgated, function analysis essentially tracking required to be cited pursuant to would significantly improve the Proposed Bd.R. 41.37(s) has been used Proposed Bd.R. 41.37(g). efficiency of the Board’s handling of in interference cases since 1998 and has Proposed Bd.R. 41.37(v) would appeals. been helpful in determining the scope of require an appeal brief to be presented Proposed Bd.R. 41.37(r) would require claims involved. in a particular format. The appeal brief an appeal brief to contain a ‘‘drawing Proposed Bd.R. 41.37(t) would require would have to comply with the format analysis section’’ in the appendix. For an appeal brief to contain an ‘‘evidence of Rule 52 as well as with other each claim argued separately (see section’’ in the appendix. The evidence requirements set out in Proposed Bd.R. Proposed Bd.R. (o)(1)), the drawing section continues, in part, the practice 41.37(v)(1) through (6). analysis section would consist of an under Bd.R. 41.37(c)(1)(ix). The Proposed Bd.R. 41.37(v)(1) would annotated copy of the claim in evidence section and any supplemental require that the pages of an appeal brief, numerical sequence, indicating in bold appendix filed pursuant to Proposed including all appendices, would be face between braces ({}) after each Bd.R. 41.41(h), as well as the consecutively numbered using Arabic limitation where, by reference or specification, any drawings, and any numerals beginning with the first page

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of the appeal brief, which would be representative, as appropriate, and a be extendable under the provisions of numbered page 1. This practice would mailing address, telephone number, fax Rule 136(a) as to applications and under prevent (1) re-starting numbering with number and e-mail address. the provisions of Rule 550(c) as to each section of the appendix or (2) using reexamination proceedings. However, a Examiner’s Answer Roman numeral page numbers, e.g., I, II, request for an extension of time for V, etc., or page numbers with letters, Proposed Bd.R. 41.39(a) would filing a request under Proposed Bd.R. e.g., ‘‘a’’, ‘‘b’’, ‘‘c’’, ‘‘i’’, ‘‘ii’’, etc. The provide that within such time and 41.39(b)(2) would have to be presented lines on each page of the appeal brief, manner as may be directed by the as a petition under Proposed Bd.R. and where practical, the appendices, Director and if the examiner determines 41.3(a) and (c). A decision on the would be consecutively line numbered that the appeal should go forward, the petition would be made by the Chief beginning with line 1 at the top of each examiner shall enter an examiner’s Administrative Patent Judge or an page. Line numbering has been used for answer responding to the appeal brief. employee to whom the Chief some time in interference cases and has The specific requirements of what Administrative Patent Judge has been found to be useful when making would be required in an examiner’s delegated authority to make the reference in oppositions, replies, and answer would appear in the Manual of decision. The decision would be opinions of the Board. Patent Examining Procedure. governed by Rule 41.4(a). The reason for Proposed Bd.R. 41.37(v)(2) would Proposed Bd.R. 41.39(b) would the requirement for a petition is to require that text in an appeal brief provide that an examiner’s answer may minimize the time an appeal is pending. would be double spaced except in include a new rejection. In the past, the In the past, appellants have taken headings, tables of contents, tables of rules and the MPEP have used the advantage of the provisions of Rule authorities, signature blocks and phrase ‘‘new ground of rejection.’’ The 136(a) to file a reply to maintain the certificates of service. Block quotations phrase ‘‘new rejection’’ implies that the appeal. The length of possible patent would be indented. Footnotes, which ground, or basis, for the rejection is term adjustment (35 U.S.C. are discouraged, would have to be new. Accordingly, in Proposed Bd.R. 154(b)(2)(iii)) is based on the time an double spaced. 41.39(b) and elsewhere in the proposed appeal is pending. The provisions of Proposed Bd.R. 41.37(v)(3) would rules, the phrase ‘‘new rejection’’ rather Rule 136(a) are not consistent with require that margins shall be at least one than ‘‘new ground of rejection’’ is used. efficient handling of appeals after the inch (2.5 centimeters) on all sides. Line If an examiner’s answer contains a time an appeal brief is filed. The Office numbering could appear within the left rejection designated as a new rejection, does not believe that an applicant margin. appellant, within two months from the should be able to add to any patent term Proposed Bd.R. 41.37(v)(4) would date of the examiner’s answer, would be adjustment by the automatic extensions require that the font would be readable required to exercise one of two options of time that are available through Rule and clean and equivalent to 14 point or the application will be deemed to be 136(a). Appellants should expect strict Times New Roman, including the font abandoned or the reexamination application of the ‘‘good cause’’ for block quotations and footnotes. proceeding will be deemed to be standard of Bd.R. Rule 41.4(a). Proposed Bd.R. 41.37(v)(5) would terminated. provide that an appeal brief may not Proposed Bd.R. 41.39(b)(1) would Reply Brief exceed 25 pages, excluding any (1) provide that the first option would be to Proposed Bd.R. 41.41(a) would statement of the real party in interest, request that prosecution be reopened provide that an appellant may file a (2) statement of related cases, (3) table before the examiner by filing a reply single reply brief responding to the of contents, (4) table of authorities, (5) under § 1.111 of this title with or examiner’s answer. signature block and (6) appendix. To without amendment or submission of Proposed Bd.R. 41.41(b) would give meaning to the 25-page limitation, evidence. Any amendment or evidence provide that the time for filing a reply an appeal brief would not be permitted would have to be relevant to the new brief would be within two months of the to incorporate by reference arguments rejection. A request that complies with date the examiner’s answer is entered. from other papers in the evidence this paragraph would be entered and the Proposed Bd.R. 41.41(c) would appendices or from any other source. application or patent under provide that a request for an extension The prohibition against incorporation reexamination would be reconsidered of time shall be presented as a petition by reference is necessary to prevent an by the examiner under the provisions of under § 41.3(a) and (c) of this part. A appellant from adding to the length of § 1.112 of this title. A request under this decision on the petition shall be an appeal brief. Cf. DeSilva v. paragraph would be treated as a request governed by § 41.4(a) of this part. The DiLeonardi, 181 F.3d 865, 866–67 (7th to withdraw the appeal. provisions of Rule 136(a) would no Cir. 1999) (‘‘[A]doption by reference Proposed Bd.R. 41.39(b)(2) would longer apply to extensions of time to file amounts to a self-help increase in the provide that the second option would be a reply brief. length of the appellate brief. * * * to request that the appeal be maintained Proposed Bd.R. 41.41(d) would [I]ncorporation by reference is a by filing a reply brief as set forth in provide that a reply brief shall be pointless imposition on the court’s time. Proposed Bd.R. 41.41. A reply brief limited to responding to points made in A brief must make all arguments could not be accompanied by any the examiner’s answer. Except as accessible to the judges, rather than ask amendment or evidence, except an otherwise set out in these proposed them to play archaeologist with the amendment canceling one or more rules, the form and content of a reply record.’’) (citation omitted). A claims which are subject to the new brief would be governed by the prohibition against incorporation by rejection. A reply brief which is requirements for an appeal brief as set reference has been the practice in accompanied by evidence or any other out in Proposed Bd.R. 41.37. A reply interference cases since 1998 and has amendment would be treated as a brief would not be able to exceed fifteen minimized the chance that an argument request to reopen prosecution pursuant pages, excluding any (1) table of is overlooked. to Proposed Bd.R. 41.39(b)(1). contents, (2) table of authorities, (3) Proposed Bd.R. 41.37(v)(6) would Proposed Bd.R. 41.39(c) would statement of timeliness, (4) signature require a signature block which would provide that the time for filing a request block and (5) supplemental appendix. A identify the appellant or appellant’s under Proposed Bd.R. 41.39(b)(1) would reply brief would be required to contain,

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under appropriate headings and in the efficient handling of appeals. As a result the examiner’s answer, believes that an order indicated, the following items: (1) of appellants adding new details and amendment is appropriate, the Table of contents, (2) table of arguments, an examiner often has to appellant may file a request for authorities, (3) statement of timeliness, enter a supplemental examiner’s answer continued examination or, in the case of (4) statement of facts in response to any to respond to details and arguments not a reexamination proceeding, ask that the new rejection in examiner’s answer, (5) previously considered by the examiner proceeding be reopened. argument, and, where appropriate, (6) and that should have been presented in Examiner’s Response To Reply Brief supplemental appendix. If the the appeal brief. An example of an examiner’s answer contains a new acceptable format for presenting an Proposed Bd.R. 41.43 would provide rejection, designated as such, the page argument in a reply brief (where there that upon consideration of a reply brief, limit would be twenty-five pages and was no new rejection in the examiner’s the examiner may withdraw a rejection not fifteen pages. answer) might read as follows: First and reopen prosecution or may enter a Proposed Bd.R. 41.41(e) would paragraph: ‘‘This is a reply to the supplemental examiner’s answer require a reply brief to contain a examiner’s answer entered [insert the responding to the reply brief. statement of timeliness. The statement date the answer was entered].’’ Last Supplemental Reply Brief of timeliness would have to establish paragraph: ‘‘For the reasons given in that the reply brief is being timely filed this reply brief and in the appeal brief, Proposed Bd.R. 41.44(a) would by including a statement of the date the reversal of the examiner’s rejection is provide that, if the examiner enters a examiner’s answer was entered and the requested.’’ All paragraphs between the supplemental examiner’s answer, the date the reply brief is being filed. If the first and last paragraphs would read: appellant would be able to file a single reply brief is filed after the time ‘‘On page x, lines y-z of the examiner’s supplemental reply brief responding to specified in this subpart, appellant must answer, the examiner states that [state the supplemental examiner’s answer. indicate the date an extension of time what the examiner states]. The response Proposed Bd.R. 41.44(b) would was requested and the date the request is [concisely state the response].’’ As provide that the appellant would have was granted. An example of a statement part of each response, the appellant to file a supplemental reply brief within of timeliness would be: ‘‘The examiner’s would have to refer to the page number two months from the date of the filing answer was entered on October 14, and line or drawing element number of of the examiner’s supplemental answer. 2006. The time for filing a reply brief the evidence section. Any response Proposed Bd.R. 41.44(c) would expired on December 14, 2006. Bd.R. which is not concise probably would provide that a request for an extension 41.41(b). A request for extension of time not comply with Proposed Bd.R. of time shall be presented as a petition to file the reply brief on December 21, 41.41(g). Frequently, new details and under Proposed Bd.R. 41.3(a) and (c). A 2006, was filed on December 1, 2006, arguments surface in reply briefs. By decision on the petition shall be and was granted by the Chief Proposed Bd.R. 41.41(g), the Office governed by Bd.R. 41.4(a). Administrative Patent Judge on seeks to confine reply briefs to what Proposed Bd.R. 41.44(d) would December 10, 2006. The reply brief is they ought to be—a response to points provide that, except as otherwise set out being timely filed on December 21, raised in the examiner’s answer. If in this rule, the form and content of a 2006.’’ A reply brief which is not timely Proposed Bd.R. 41.41 is promulgated supplemental reply brief are governed filed would not be considered by the and, notwithstanding what the rule by the requirements for appeal briefs as examiner or the Board. seeks to achieve, it turns out that too set out in Proposed Bd.R. 41.37. A Proposed Bd.R. 41.41(f) would require many resources of the Office are needed supplemental reply brief would have to a statement of additional facts, but only to enforce the reply brief rule and contain, under appropriate headings when the appellant has elected to file a considerable time is wasted in resolving and in the order indicated, the following reply brief in response to a new improper reply brief issues. items: (1) Table of contents, (2) table of rejection in an examiner’s answer Consideration could be given to further authorities, (3) statement of timeliness, entered pursuant to Proposed Bd.R. limiting the nature of replies filed in ex and (4) argument. Proposed Bd.R. 41.39(b)(2). When a statement of parte appeals. 41.44(d) would also provide that the additional facts is required, it would Proposed Bd.R. 41.41(h) would argument portion of a supplement reply have to meet the requirements of require that a supplemental appendix be brief would be limited to ten pages and Proposed Bd.R. 41.37(n), but would made part of the reply brief if the to responding to points made in the have to be limited to facts relevant to examiner entered a new rejection in the supplemental examiner’s answer. A the new rejection. If there is no new examiner’s answer and appellant elects request to exceed the page limit would rejection in the examiner’s answer, there to respond to the new rejection in a be presented as a petition under would be no statement of additional reply brief. The supplemental appendix Proposed Bd.R. 41.3. facts. would include (1) table of contents, (2) Proposed Bd.R. 41.44(e) would Proposed Bd.R. 41.41(g) would examiner’s answer, and (3) all evidence provide that a supplemental reply brief require that an argument appear in the relied upon by the examiner in support would have to contain a statement of reply brief, which would be limited to of the new rejection which does not timeliness, including a statement of the responding to points made in the already appear in the evidence section date the supplemental examiner’s examiner’s answer. No general of the appendix accompanying the answer was entered and the date the restatement of the case would be appeal brief, except the specification, supplemental reply is being filed. If the permitted in a reply brief. An argument any drawings, U.S. patents and supplemental reply brief is filed after which could have been, but which was published U.S. applications. the time specified in this subpart, not, made in the appeal brief cannot be Proposed Bd.R. 41.41(i) would appellant would have to indicate the made in a reply brief. The Office has provide that an amendment or new date an extension of time was requested found a restatement of the case in a evidence may not accompany a reply and the date the request was granted. reply brief to be a serious distraction. brief. The Office has found that Proposed Bd.R. 41.44(f) would Adding details or additional arguments, appellants continue to attempt to file provide that a supplemental reply brief if not responsive to points made by the amendments and evidence with reply shall be limited to responding to points examiner, does not contribute to the briefs. If an appellant, after reviewing made in the supplemental examiner’s

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answer. The supplemental reply brief appellant should improve the accuracy whole or in part on the grounds and on preferably would adhere to the of any transcript. the claims specified by the examiner. following format: ‘‘On page x, lines y-z Proposed Bd.R. 41.47(h) would Proposed Bd.R. 41.50(a) would continue of the supplemental examiner’s answer, provide that unless otherwise ordered the practice that an affirmance of a the examiner states that [state what the by the Board, argument on behalf of rejection of a claim on any of the examiner states]. The response is [state appellant at an oral hearing would be grounds specified constitutes a general the response].’’ As part of each limited to 20 minutes. affirmance of the decision of the response, appellant would have to refer Proposed Bd.R. 41.47(i) would examiner on that claim, except as to any to the page number and line or drawing provide that at oral hearing only ground specifically reversed. number of the evidence section of the evidence that has been previously Proposed Bd.R. 41.50(b) would appendix accompanying the appeal presented to, entered by and considered provide that the Board may remand an brief or supplemental appendix by the primary examiner would be application to the examiner. Upon entry accompanying the reply brief. No considered and that no additional of a remand, the Board would no longer general restatement of the case would be evidence may be offered to the Board in have jurisdiction unless an appellant permitted in a supplemental reply brief. support of the appeal. An argument not timely files a request for rehearing. If the A new argument would not be able to presented in a brief could not be made request for rehearing does not result in be made in a supplemental reply brief. at the oral hearing. modification of the remand, the Board Proposed Bd.R. 41.44(g) would Proposed Bd.R. 41.47(j) would would then lose jurisdiction. Upon provide that an amendment or new provide that notwithstanding Proposed remand, should examiner enter a evidence may not accompany a Bd.R. 41.47(i), an appellant could rely supplemental examiner’s answer in on and call the Board’s attention to a supplemental reply brief. response to the remand, appellant recent court or Board opinion which would be required to exercise one of Oral Hearing could have an effect on the manner in two options to avoid abandonment of Proposed Bd.R. 41.47(a) would which the appeal is decided. the application or termination of the Proposed Bd.R. 41.47(k) would provide that if the appellant desires an reexamination proceeding. Either option provide that visual aids may be used at oral hearing, appellant must file, as a would have to be exercised within two an oral hearing. However, visual aids separate paper, a written request months from the date of the must be limited to copies of documents captioned: ‘‘REQUEST FOR ORAL supplemental examiner’s answer. in the record on appeal. A document not HEARING.’’ Proposed Bd.R. 41.50(b)(1) specifies previously entered by the examiner the first option and would provide that Proposed Bd.R. 41.47(b) would could not be used as a visual aid. When appellant could request that prosecution provide that a request for oral hearing an appellant seeks to use a visual aid, be reopened before the examiner by shall be accompanied by the fee one copy should be provided for each filing a reply under Rule 111, with or required by § 41.20(b)(3). judge and one copy for the record of the without amendment or submission of Proposed Bd.R. 41.47(c) would appeal. evidence. Any amendment or evidence provide that the time for filing a request Proposed Bd.R. 41.47(l) would would have to be relevant to the issues for an oral hearing would be within two provide that failure of an appellant to set forth in the remand or raised in the months of the date of entry of the attend an oral hearing would be treated supplemental examiner’s answer. A examiner’s answer or a supplemental as a waiver of the oral hearing. Over the request that complies with this examiner’s answer. years the Board has become concerned paragraph would be entered and the Proposed Bd.R. 41.47(d) would with the large number of requests for application or patent under provide that a request for an extension postponements. In some cases, multiple reexamination would be reconsidered of time to request an oral hearing would requests in a single appeal are submitted by the examiner under the provisions of have to be presented as a petition under for postponement of an oral hearing. Rule 112. A request under Proposed § 41.3(a) and (c) of this part. A decision Apart from the fact that a postponement Bd.R. 41.50(b)(1) would be treated as a on the petition shall be governed by can lead to large patent term request to dismiss the appeal. § 41.4(a) of this part. adjustments, efficiency dictates that the Proposed Bd.R. 41.50(b)(2) specifies Proposed Bd.R. 41.47(e) would Board be able to set an oral hearing the second option and would provide provide that if an oral hearing is schedule with an expectation that in a that appellant could request that the properly requested, a date for the oral large majority of the cases the oral appeal be re-docketed. The request hearing would be set. hearing will timely occur or the would have to be accompanied by a Proposed Bd.R. 41.47(f) would appellant will waive oral hearing. The reply brief as set forth in Proposed Bd.R. provide that if an oral hearing is set, Board will continue to handle requests 41.41. An amendment or evidence could then within such time as the Board may for postponement of oral hearings on an not accompany the reply brief. A reply order, appellant shall confirm ad hoc basis. However, postponements brief that is accompanied by an attendance at the oral hearing. Failure to would no longer be granted on a routine amendment or evidence would be timely confirm attendance would be basis. A request for a postponement treated as a request to reopen taken as a waiver of any request for an made immediately after a notice of oral prosecution pursuant to Proposed Bd.R. oral hearing. hearing is mailed is more likely to 41.50(b)(1). Proposed Bd.R. 41.47(g) would receive favorable treatment, particularly Proposed Bd.R. 41.50(c) would provide that at the time appellant since it may be possible to set an oral provide that a remand is not a final confirms attendance at the oral hearing, hearing date prior to the originally decision. Following proceedings on appellant would be required to supply scheduled oral hearing date. remand, and with respect to affirmed a list of technical terms and other rejections and claims not involved in unusual words which can be provided Decisions and Other Actions by the the remand, an appellant could request to any individual transcribing an oral Board the Board to enter a final decision so hearing. The current practice of the Proposed Bd.R. 41.50(a) would that the appellant could then seek Board is to transcribe all oral arguments. provide that the Board may affirm or judicial review as to those rejections A list of technical terms provided by reverse a decision of the examiner in and claims. Only a final decision of the

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Board is subject to appeal. Copelands’ as a recommendation that if some petition shall be governed by Bd.R. Enterprises, Inc. v. CNV, Inc., 887 F.2d undefined limitation is added the claim 41.4(a). 1065, 12 USPQ2d 1562 (Fed. Cir. 1989) would be patentable. When the Board Rehearing (en banc). makes a recommendation, appellant Proposed Bd.R. 41.50(d) would may file an amendment in conformity Proposed Bd.R. 41.52(a) would provide that, should the Board have with the recommendation. An authorize an appellant to file a single knowledge of a basis not involved in the amendment in conformity with the request for rehearing. appeal for rejecting a pending claim, the recommendation would be deemed to Proposed Bd.R. 41.52(b) would Board may enter a new rejection. A overcome the specific rejection. An provide that a request for rehearing pending claim could be a claim not examiner would have authority to enter would be due within two months from rejected by the examiner. A new an additional rejection of a claim the date of the decision entered by the rejection would not be considered final amended in conformity with a Board. for purposes of judicial review. A new recommendation provided that the Proposed Bd.R. 41.52(c) would rejection is not considered a final additional rejection constitutes a new provide that a request for an extension agency action because the appellant has rejection. For example, the examiner of time would have to be presented as not explained to the Board, without may know of additional prior art not a petition under Proposed Bd.R. 41.3(a) amendment or new evidence, or to the known to the Board that would meet the and (c). A decision on the petition Office, with an amendment or new claim as amended. It is because of the would be governed by Bd.R. 41.4(a). evidence or both, why the rejection is possibility that an examiner may know Proposed Bd.R. 41.52(d) would not proper. Proposed Bd.R. 41.50(d) of additional prior art that a provide that a request for rehearing shall places an appellant under a burden to recommendation would be expected to state with particularity the points explain to the Board or the Office why be a relatively rare event. believed to have been misapprehended a new rejection is not proper before it Proposed Bd.R. 41.50(f) would or overlooked by the Board. A request burdens a court with judicial review. A provide that the Board could enter an for rehearing would not be able to response by an appellant may convince order requiring appellant to brief exceed ten pages, excluding any table of the Office that a new rejection should be additional issues or supply additional contents, table of authorities, statement withdrawn. If the Board enters a new evidence or both if the Board believes of timeliness and signature block. A rejection, appellant would have to doing so would be of assistance in request for rehearing would have to exercise one of two options with respect reaching a decision on the appeal. contain, under appropriate headings to the new rejection to avoid dismissal Proposed Bd.R. 41.50(f) continues a and in the order indicated, the following of the appeal as to any claim subject to practice which has been in existence items: (1) Table of contents, (2) table of the new rejection. Either option would since 1999. See, e.g., (1) 37 CFR 1.196(d) authorities, (3) statement of timeliness, have to be exercised within two months (1999) and (2) Bd.R. 41.50(d). Practice and (4) argument. from the date of the new rejection. under Bd.R. 41.50(d) has been highly Proposed Bd.R. 41.52(e) would Proposed Bd.R. 41.50(d)(1) specifies useful and complements the authority of provide that a statement of timeliness that a first option would be to submit an Office personnel to request additional establish that the request for rehearing amendment of the claims subject to a material under Rule 105. Appellant was timely filed by including a new rejection or new evidence relating would be given a non-extendable time statement of the date the decision to the new rejection or both and request period within which to respond to the sought to be reheard was entered and that the matter be reconsidered by the order. In setting the length of the non- the date the request for rehearing is examiner. The proceedings would be extendable time period, the Board being filed. If the request for rehearing remanded to the examiner. A new would take into account the extent of is filed after the time specified in this rejection would be binding on the the information requested and the time subpart, appellant would be required to examiner unless, in the opinion of the of year a response would be due. For indicate the date an extension of time examiner, the amendment or new example, it is not likely that the Board was requested and the date the request evidence overcomes the new rejection. would set a date for response between was granted. In the event the examiner maintains the Christmas Day and New Year’s Day. Proposed Bd.R. 41.52(f) would rejection, appellant would be able to Failure of appellant to timely respond to provide that in a request for rehearing, again appeal to the Board. the order could result in dismissal of the the argument preferably should adhere Proposed Bd.R. 41.50(d)(2) specifies appeal in whole or in part. An appeal to the following format: ‘‘On page x, that a second option would be to request might be dismissed in part if the order lines y-z of the Board’s opinion, the rehearing pursuant to Proposed Bd.R. sought further briefing or evidence or Board states that [set out what was 41.52. The request for rehearing would both related to one rejection but not stated]. The point misapprehended or have to be based on the record before another rejection, particularly where the overlooked was made to the Board in the Board and no new evidence or two rejections apply to different claims. [identify paper, page and line where amendments would be permitted. Proposed Bd.R. 41.50(g) would argument was made to the Board]. The Proposed Bd.R. 41.50(e) would provide for extensions of time to response is [state response].’’ As part of provide that the Board, in its opinion in respond to actions of the Board under each response, appellant shall refer to support of its decision, could include a Proposed Bd.R. 41.50(b) and (d). the page number and line or drawing recommendation, explicitly designated Proposed Bd.R. 41.50(g) would element number of the evidence section. as such, of how a claim on appeal may provide that a request for an extension No general restatement of the case be amended to overcome a specific of time to respond to a request for would be permitted in a request for rejection. For the recommendation to be briefing and information under rehearing. A new argument could not be binding, it would have to be explicitly Proposed Bd.R. 41.50(f) is not made in a request for rehearing, except designated as a recommendation. For authorized. A request for an extension in two instances. example, a conclusion or comment by of time to respond to Board action under Proposed Bd.R. 41.52(f)(1) would the Board that a claim, notwithstanding Proposed Bd.R. 41.50(b) and (d) would authorize in a first instance an appellant appellant’s argument, is so broad as to be presented as a petition under Bd.R. to respond to a new rejection entered read on the prior art should not be taken 41.3(a) and (c). A decision on the pursuant to Proposed Bd.R. 41.50(d)(2).

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Proposed Bd.R. 41.52(f)(2) would circumstance would be matters within (16) establishing a format for a request authorize an appellant to rely on and the discretion of the Board. for rehearing to include: (a) Table of call the Board’s attention to a recent contents, (b) table of authorities, (c) Rule Making Considerations decision of a court or the Board that is statement of timeliness, and (d) relevant to an issue decided in the Administrative Procedure Act argument; and (17) providing sanctions appeal. Generally, the recent court The notable changes in the proposed to be imposed on the appellant for decision would be a decision of the rules are: (1) Providing additional misconduct during prosecution of the Supreme Court or the Court of Appeals delegated authority from the Director to appeal. for the Federal Circuit. the Chief Administrative Patent Judge to The changes in the proposed rules Proposed Bd.R. 41.52(g) would decide certain petitions authorized by relate solely to the procedure to be provide that an amendment or new Part 41 as proposed, including requests followed in filing and prosecuting an ex evidence could not accompany a request for extension of time to file certain parte appeal to the Board. Therefore, for rehearing. papers after the appeal brief and these rule changes involve interpretive Proposed Bd.R. 41.52(h) would requests to enlarge the page limit on rules, or rules of agency practice and provide that a decision will be rendered certain appeal papers; (2) defining the procedure under 5 U.S.C. 553(b)(A), and on a request for rehearing. The decision record on appeal to clarify what prior notice and an opportunity for on rehearing would be deemed to documents the Board will consider in public comment are not required incorporate the decision sought to be resolving the appeal; (3) requiring the pursuant to 5 U.S.C. 553(b)(A) (or any reheard except for those portions of the notice of appeal to be signed; (4) other law). See Bachow decision sought to be reheard providing a definition of non-appealable Communications Inc. v. FCC, 237 F.3d specifically modified on rehearing. A issues; (5) transferring jurisdiction of an 683, 690 (DC Cir. 2001) (rules governing decision on rehearing would be appeal to the Board upon entry of a an application process are ‘‘rules of considered final for purposes of judicial docket notice by the Board; (6) agency organization, procedure, or review, except when otherwise noted in relinquishing the Board’s jurisdiction in practice’’ and exempt from the the decision on rehearing. an appeal when the Board orders a Administrative Procedure Act’s notice Action Following Decision remand or enters a final decision and and comment requirement); Merck & Co., Inc. v. Kessler, 80 F.3d 1543, 1549– Proposed Bd.R. 41.54 would provide judicial review is sought or the time for 50, 38 USPQ2d 1347, 1351 (Fed. Cir. that, after a decision by the Board and seeking judicial review expires; (7) 1996) (the rules of practice promulgated subject to appellant’s right to seek changing the format and content of the under the authority of former 35 U.S.C. judicial review, the proceeding will be appeal brief to require the following 6(a) (now in 35 U.S.C. 2(b)(2)) are not returned to the examiner for such additional sections: (a) Jurisdictional substantive rules (to which the notice further action as may be consistent with statement, (b) table of contents, (c) table and comment requirements of the the decision by the Board. of authorities, and (d) statement of facts; (8) changing the format and content of Administrative Procedure Act apply)); Sanctions the appeal brief appendix to include the Fressola v. Manbeck, 36 USPQ2d 1211, Proposed Bd.R. 41.56 would provide following additional sections: (a) claim 1215 (D.D.C. 1995) (‘‘it is extremely for sanctions. support section, (b) drawing analysis doubtful whether any of the rules Proposed Bd.R. 41.56(a) would section, (c) means or step plus function formulated to govern patent and trade- provide that a sanction could be analysis section, and (d) an expanded mark practice are other than imposed against an appellant for evidence section to include, inter alia, ‘interpretive rules, general statements of misconduct, including, (1) failure to relevant Office action(s) and portions of policy, * * * procedure, or practice’’’ comply with an order entered in the papers filed by appellant during (quoting C.W. Ooms, The United States appeal or an applicable rule, (2) prosecution; (9) providing page limits Patent Office and the Administrative advancing or maintaining a misleading for all briefs; (10) prohibiting Procedure Act, 38 Trademark Rep. 149, or frivolous request for relief or incorporation by reference in briefs; (11) 153 (1948)); Eli Lilly & Co. v. Univ. of argument, or (3) engaging in dilatory establishing a format for a reply brief to Washington, 334 F.3d 1264, 1269 n.1, tactics. include: (a) Table of contents, (b) table 67 USPQ2d 1161, 1165 n.1 (Fed. Cir. Proposed Bd.R. 41.56(b) would of authorities, (c) statement of 2003) (add parenthetical). provide that the nature of possible timeliness, (d) statement of facts in Regulatory Flexibility Act sanctions, includes entry of (1) an order response to a new ground of rejection in declining to enter a docketing notice, (2) examiner’s answer, (e) argument, and As previously discussed, the changes an order holding certain facts to have where appropriate, (f) supplemental in the proposed rules involve been established in the appeal, (3) an appendix; (12) providing for a interpretive rules, or rules of agency order expunging a paper or precluding supplemental reply brief, if a practice and procedure, and prior notice an appellant from filing a paper, (4) an supplemental examiner’s answer is and an opportunity for public comment order precluding an appellant from furnished by the examiner; (13) are not required pursuant to 5 U.S.C. presenting or contesting a particular establishing a format for a supplemental 553(b)(A) (or any other law). Because issue, (5) an order excluding evidence, reply brief to include: (a) Table of prior notice and an opportunity for (6) an order requiring a terminal contents, (b) table of authorities, (c) public comment are not required for the disclaimer of patent term, (7) an order statement of timeliness, and (d) changes in the proposed rules, a final holding an application on appeal to be argument; (14) requiring appellant to Regulatory Flexibility Act analysis is abandoned or a reexamination supply a list of technical terms and also not required for the changes in the proceeding terminated, (8) an order other unusual words at the time of proposed rules. See 5 U.S.C. 603. dismissing an appeal, (9) an order confirmation of the oral hearing to aid Nevertheless, the USPTO is publishing denying an oral hearing, or (10) an order in transcription at the oral hearing; (15) a notice of proposed rule making in the terminating oral hearing. eliminating requests for extension of Federal Register and in the Official Whether and which sanction, if any, time to respond to a request for further Gazette of the United States Patent and should be imposed in any specific briefing and information by the Board; Trademark Office, in order to solicit

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public participation with regard to this control number 0651–0031. The United Board means the Board of Patent rule package. States Patent and Trademark Office is Appeals and Interferences and includes: The USPTO received approximately not resubmitting an information (1) For a final Board action in an 443,000 patent applications in Fiscal collection package to OMB for its review appeal or contested case, a panel of the Year 2006. The proposed rules apply and approval because the changes in Board. only to those applications where an this proposed rule would not affect the (2) For non-final actions, a Board appeal brief is filed with the Board. In information collection requirements member or employee acting with the Fiscal Year 2006, approximately 18,500 associated with the information authority of the Board. appeal briefs were filed. Of those 18,500 collection under OMB control number * * * * * appeal briefs, approximately 4,000 were 0651–0031. Contested case means a Board filed by small entities. Thus, the number Comments are invited on: (1) Whether proceeding other than an appeal under of small entities affected by these the collection of information is 35 U.S.C. 134. An appeal in an inter proposed rule changes is not substantial necessary for proper performance of the partes reexamination proceeding is not (approximately 0.9%). Also, the functions of the agency; (2) the accuracy a contested case. proposed rules do not of the agency’s estimate of the burden; * * * * * disproportionately impact small (3) ways to enhance the quality, utility, 2. In § 41.3, revise paragraphs (a) and entities. and clarity of the information to be (b) to read as follows: The proposed rules which change the collected; and (4) ways to minimize the format and content of briefs may require burden of the collection of information § 41.3 Petitions. the appellant to spend additional time to respondents. (a) Deciding official. A petition in preparing a compliant brief. The Interested persons are requested to authorized by this part must be effect of such rules, however, will be to send comments regarding these addressed to the Chief Administrative enhance the likelihood that the information collections, including Patent Judge. In addition to complying appealed claims will be allowed suggestions for reducing this burden, to with all other requirements of this title, without the necessity of further Robert Clarke, Director, Office of Patent a copy of the petition must also be proceeding with the appeal and improve Legal Administration, United States forwarded to the Office addressed to: the efficiency of the decision-making Patent and Trademark Office, Chief Administrative Patent Judge, process at the Board. Any additional Washington, DC 20231, or to the Office Board of Patent Appeals and time burden that is imposed by the of Information and Regulatory Affairs, Interferences, United States Patent and proposed rules relating to briefs is OMB, 725 17th Street, NW., Trademark Office, P.O. Box 1450, believed to be de minimus in Washington, DC 20503, (Attn: PTO Desk Alexandria, VA 22313–1450. The Chief comparison to the reduction in Officer). Administrative Patent Judge may pendency that appellant gains as a Notwithstanding any other provision delegate authority to decide petitions. result of early identification of of law, no person is required to respond (b) Scope. This section covers allowable claims or a more efficient to nor shall a person be subject to a petitions on matters pending before the decision-making process. Moreover, the penalty for failure to comply with a Board, petitions authorized by this part fees associated with filing an appeal collection of information subject to the and petitions seeking relief under 35 with the Board are set by statute, and requirements of the Paperwork U.S.C. 135(c); otherwise see §§ 1.181 to are not proposed for change in this rule Reduction Act unless that collection of 1.183 of this title. The following matters making. These proposed procedural information displays a currently valid are not subject to petition: rules do not significantly increase the OMB control number. (1) Issues committed by statute to a panel. cost of filing or prosecuting an appeal List of Subjects in 37 CFR Part 41 before the Board. (2) In pending contested cases, Accordingly, these proposed rules do Administrative practice and procedural issues. See § 41.121(a)(3) and not have significant economic impact on procedure, Inventions and patents, § 41.125(c). a substantial number of small entities. Lawyers. * * * * * For the reasons stated in the 3. In § 41.4, revise paragraphs (b) and Executive Order 13132 preamble, the Under Secretary of (c) to read as follows: This rule making does not contain Commerce for Intellectual Property and § 41.4 Timeliness. policies with federalism implications Director of the United States Patent and sufficient to warrant preparation of a Trademark Office proposes to amend 37 * * * * * Federalism Assessment under Executive CFR part 41 as follows: (b) Late filings. (1) A request to revive Order 13132 (Aug. 4, 1999). an application which becomes PART 41—PRACTICE BEFORE THE abandoned or a reexamination Executive Order 12866 BOARD OF PATENT APPEALS AND proceeding which becomes terminated This rule making has been determined INTERFERENCES under §§ 1.550(d) or 1.957(b) or (c) of to be not significant for purposes of this title as a result of a late filing may Executive Order 12866 (Sept. 30, 1993). 1. The authority citation for part 41 is be filed pursuant to § 1.137 of this title. amended to read as follows: (2) A late filing that does not result in Paperwork Reduction Act Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, an application becoming abandoned or This proposed rule involves 23, 32, 132, 133, 134, 135, 306, and 315. a reexamination proceeding becoming information collection requirements terminated under §§ 1.550(d) or 1.957(b) which are subject to review by the Subpart A—General Provisions or (c) of this title may be excused upon Office of Management and Budget 1. In § 41.2, revise the definitions of a showing of excusable neglect or a (OMB) under the Paperwork Reduction ‘‘Board’’ and ‘‘Contested case’’ to read as Board determination that consideration Act of 1995 (44 U.S.C. 3501 et seq.). The follows: on the merits would be in the interests collection of information involved in of justice. this proposed rule has been reviewed § 41.2 Definitions. (c) Scope. Except to the extent and previously approved by OMB under * * * * * provided in this part, this section

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governs proceedings before the Board, § 41.33 Amendments and evidence after (b) Fee. The appeal brief shall be but does not apply to filings related to appeal. accompanied by the fee required by Board proceedings before or after the (a) Amendment after notice of appeal § 41.20(b)(2) of this subpart. Board has jurisdiction (§ 41.35), such as: and prior to appeal brief. An (c) Time for filing appeal brief. (1) Extensions during prosecution (see amendment filed after the date a notice Appellant must file an appeal brief § 1.136 of this title). of appeal is filed and prior to the date within two months from the date of the (2) Filing of a notice of appeal and an an appeal brief is filed may be admitted filing of the notice of appeal (§ 41.31(a)). appeal brief (see §§ 41.31(c) and as provided in § 1.116 of this title. (d) Extension of time to file appeal 41.37(c)). (b) Amendment with or after appeal brief. The time for filing an appeal brief (3) Seeking judicial review (see brief. An amendment filed on or after is extendable under the provisions of §§ 1.301 to 1.304 of this title). the date an appeal brief is filed may be § 1.136(a) of this title for applications admitted: and § 1.550(c) of this title for ex parte Subpart B—Ex Parte Appeals (1) To cancel claims. To cancel claims reexamination proceedings. provided cancellation of claims does not 4. Revise § 41.30 to add a definition (e) Content of appeal brief. The appeal affect the scope of any other pending of ‘‘record on appeal’’ to read as follows: brief must contain, under appropriate claim in the application or patent under headings and in the order indicated, the § 41.30 Definitions. reexamination, or following items: * * * * * (2) To convert dependent claim to (1) Statement of the real party in Record on appeal. The record on independent claim. To rewrite interest. appeal consists of the specification, dependent claims into independent (2) Statement of related cases. drawings, if any, U.S. patents cited by form. (3) Jurisdictional statement. the examiner or appellant, published (c) Other amendments. No other (4) Table of contents. U.S. applications cited by the examiner amendments filed after the date an (5) Table of authorities. or appellant, the appeal brief, including appeal brief is filed will be admitted, (6) Status of claims. all appendices, the examiner’s answer, except as permitted by §§ 41.39(b)(1), (7) Status of amendments. any reply brief, including any 41.50(b)(1), 41.50(d)(1) or 41.50(e) of (8) Rejections to be reviewed. this subpart. supplemental appendix, any (9) Statement of facts. (d) Evidence after notice of appeal (10) Argument. supplemental examiner’s answer, any and prior to appeal brief. Evidence filed (11) An appendix containing a claims supplemental reply brief, any request after the date a notice of appeal is filed section, a claim support section, a for rehearing, any order or decision and prior to the date an appeal brief is drawing analysis section, a means or entered by the Board or the Chief filed may be admitted if the examiner step plus function analysis section, an Administrative Patent Judge, and any determines that the evidence overcomes evidence section and a related cases other document or evidence which was some or all rejections under appeal and section. considered by the Board as indicated in appellant shows good cause why the (f) Statement of real party in interest. any opinion accompanying any order or evidence was not earlier presented. The ‘‘statement of the real party in decision. (e) Other evidence. All other evidence interest’’ shall identify the name of the 5. Revise § 41.31 to read as follows: filed after the date an appeal brief is real party in interest. The real party in § 41.31 Appeal to Board. filed will not be admitted, except as interest must be identified in such a (a) Notice of appeal. An appeal is permitted by §§ 41.39(b)(1), 41.50(b)(1) manner as to readily permit a member taken to the Board by filing a notice of or 41.50(d)(1) of this subpart. of the Board to determine whether 7. Revise § 41.35 to read as follows: appeal. recusal would be appropriate. Appellant (b) Fee. The notice of appeal shall be § 41.35 Jurisdiction over appeal. is under a continuing obligation to update this item during the pendency of accompanied by the fee required by (a) Beginning of jurisdiction. The the appeal. § 41.20(b)(1). jurisdiction of the Board begins when a (g) Statement of related cases. The (c) Time for filing notice of appeal. A docket notice is entered by the Board. notice of appeal must be filed within the (b) End of jurisdiction. The ‘‘statement of related cases’’ shall time period provided under § 1.134 of jurisdiction of the Board ends when the identify, by application, patent, appeal, this title. Board orders a remand (see § 41.50(b) or interference, or court docket number, all (d) Extensions of time to file notice of § 41.50(d)(1) of this subpart) or enters a prior or pending appeals, interferences appeal. The time for filing a notice of final decision (see § 41.2 of this subpart) or judicial proceedings, known to appeal is extendable under the and judicial review is sought or the time appellant, appellant’s legal provisions of § 1.136(a) of this title for for seeking judicial review has expired. representative or any assignee, and that applications and § 1.550(c) of this title (c) Remand ordered by the Director. are related to, directly affect, or would for ex parte reexamination proceedings. Prior to entry of a decision on the be directly affected by, or have a bearing (e) Non-appealable issues. A non- appeal by the Board (§ 41.50), the on the Board’s decision in the appeal. A appealable issue is an issue not subject Director may sua sponte order an copy of any final or significant to an appeal under 35 U.S.C. 134. An application or reexamination interlocutory decision rendered by the applicant or patent owner dissatisfied proceeding on appeal to be remanded to Board or a court in any proceeding with a decision of an examiner on a the examiner. identified under this paragraph shall be non-appealable issue shall timely seek 8. Revise § 41.37 to read as follows: included in the related cases section of review by petition before jurisdiction the appendix. Appellant is under a over an appeal is transferred to the § 41.37 Appeal brief. continuing obligation to update this Board (§ 41.35). Failure to timely file a (a) Requirement for appeal brief. An item during the pendency of the appeal. petition seeking review of a decision of appeal brief shall be timely filed to (h) Jurisdictional statement. The the examiner related to a non- perfect an appeal. Upon failure to file an ‘‘jurisdictional statement’’ shall appealable issue may constitute a appeal brief, the proceedings on the establish the jurisdiction of the Board to waiver to have that issue considered. appeal are terminated without further consider the appeal. The jurisdictional 6. Revise § 41.33 to read as follows: action on the part of the Office. statement shall include a statement of

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the statute under which the appeal is separately argued under a separate and distinctly claim the subject matter taken, the date of the decision from heading. For arguments traversing a which appellant regards as the which the appeal is taken, the date the rejection made under 35 U.S.C. 102, 103 invention. notice of appeal was filed, and the date or 112, see also paragraphs (o)(4) (6) Rejection under 35 U.S.C. 102. For the appeal brief is being filed. If a notice through (o)(7) of this section. For each rejection under 35 U.S.C. 102 of appeal or an appeal brief is filed after arguments traversing other rejections, (anticipation), the argument shall also the time specified in this subpart, see also paragraph (o)(8) of this section. specify why the rejected claims are appellant must also indicate the date an (1) Claims standing or falling together. patentable by identifying any specific extension of time was requested and, if When a rejection applies to two or more limitation in the rejected claims which known, the date the request was claims, as to that rejection, the appellant is not described in the prior art relied granted. may elect to have all claims stand or fall upon in support of the rejection. (i) Table of contents. A ‘‘table of together, or argue the separate (7) Rejection under 35 U.S.C. 103. For contents’’ shall list, along with a patentability of individual claims. If the each rejection under 35 U.S.C. 103, if reference to the page where each item appeal brief fails to make an explicit appropriate, the argument shall specify begins, the items required to be listed in election, the Board will treat all claims the errors in the rejection and, if the appeal brief (see paragraph (e) of subject to a rejection as standing or appropriate, specify the specific this section), reply brief (see § 41.41(d) falling together, and select a single limitations in the rejected claims that of this subpart) or supplemental reply claim to decide the appeal as to that are not described in the prior art relied brief (see § 41.44(d) of this subpart), as rejection. Any doubt as to whether an upon in support of the rejection, and appropriate. election has been made or whether an explain how those limitations render (j) Table of authorities. A ‘‘table of election is clear will be resolved against the claimed subject matter unobvious authorities’’ shall list cases the appellant. Any claim argued over the prior art. A general argument (alphabetically arranged), statutes and separately shall be placed under a that all limitations are not described in other authorities along with a reference subheading identifying the claim by a single prior art reference does not to the pages where each authority is number. A statement that merely points satisfy the requirements of this cited in the appeal brief, reply brief, or out what a claim recites will not be paragraph. supplemental reply brief, as considered an argument for separate (8) Other rejections. For each rejection appropriate. patentability of the claim. other than those referred to in (k) Status of pending claims. The (2) Arguments considered. Only those paragraphs (o)(4) through (o)(7), the ‘‘status of pending claims’’ shall include arguments which are presented in the argument shall specify the errors in the a statement of the status of all pending argument section of the appeal brief and rejection, including where appropriate, claims (e.g., rejected, allowed, that address claims set out in the claim the specific limitations in the rejected cancelled, withdrawn from support section of the appendix will be claims upon which the appellant relies consideration, or objected to). considered. Appellant waives all other to establish error. (l) Status of amendments. The ‘‘status arguments. (p) Claims section. The ‘‘claims of amendments’’ shall indicate the (3) Format of argument. Unless a section’’ of the appendix shall consist of status of all amendments filed after final response is purely legal in nature, when an accurate clean copy in numerical rejection (e.g., whether entered or not responding to a point made in the order of all claims pending in the entered). examiner’s rejection, the appeal brief application or reexamination (m) Rejections to be reviewed. The shall specifically identify the point proceeding on appeal. The status of ‘‘rejections to be reviewed’’ shall set out made by the examiner and indicate each claim shall be set out after the the rejections to be reviewed, including where appellant previously responded claim number and in parentheses (e.g., the claims subject to each rejection. to the point or state that appellant has 1 (rejected), 2 (withdrawn), 3 (objected (n) Statement of facts. The ‘‘statement not previously responded to the point. to), and 4 (allowed)). of facts’’ shall set out in an objective and In identifying any point made by the (q) Claim support section. For each non-argumentative manner the material examiner, the appellant shall refer to a claim argued separately (see paragraph facts relevant to the rejections on page and, where appropriate, a line, of (o)(1) of this section), the ‘‘claim appeal. A fact shall be supported by a the record on appeal. support section’’ of the appendix shall reference to a specific page number and, (4) Rejection under 35 U.S.C. 112, first consist of an annotated copy of the where applicable, a specific line or paragraph. For each rejection under 35 claim indicating in bold face between drawing numerals of the record on U.S.C. 112, first paragraph, the braces ({}) the page and line after each appeal. A general reference to a argument shall also specify the errors in limitation where the limitation is document as a whole or to large the rejection and how the rejected described in the specification as filed. portions of a document does not comply claims comply with the first paragraph (r) Drawing analysis section. For each with the requirements of this paragraph. of 35 U.S.C. 112 including, as claim argued separately (see paragraph (o) Argument. The ‘‘argument’’ shall appropriate, how the specification and (o)(1) of this section) and having at least explain why the examiner is believed to drawings, if any, describe the subject one limitation illustrated in a drawing have erred as to each rejection to be matter defined by the rejected claims, or amino acid or nucleotide material reviewed. Any explanation must enable any person skilled in the art to sequence, the ‘‘drawing analysis address all points made by the examiner which the invention pertains to make section’’ of the appendix shall consist of with which the appellant disagrees and and use the subject matter of the an annotated copy of the claim must identify where the argument was rejected claims, or set forth the best indicating in bold face between braces made in the first instance to the mode contemplated by the inventor of ({}) where each limitation is shown in examiner or state that the argument has carrying out the claimed invention. the drawings or sequence. If there is no not previously been made to the (5) Rejection under 35 U.S.C. 112, drawing or sequence, the drawing examiner. Any finding made or second paragraph. For each rejection analysis section shall state that there is conclusion reached by the examiner that under 35 U.S.C. 112, second paragraph, no drawing or sequence. is not challenged will be presumed to be the argument shall also specify how the (s) Means or step plus function correct. Each rejection shall be rejected claims particularly point out analysis section. For each claim argued

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separately (see paragraph (o)(1) of this of contents, tables of authorities and § 41.41 of this subpart. A reply brief section) and for each limitation that signature blocks. Block quotations must may not be accompanied by any appellant regards as a means or step be double spaced and indented. amendment or evidence, except an plus function limitation in the form (3) Margins. Margins shall be at least amendment canceling one or more permitted by the sixth paragraph of 35 one inch (2.5 centimeters) on all sides. claims which are subject to the new U.S.C. 112, the ‘‘means or step plus Line numbering may be within the left rejection. A reply which is accompanied function analysis section’’ of the margin. by evidence or any other amendment appendix shall consist of an annotated (4) Font. The font shall be readable will be treated as a request to reopen copy of the claim indicating in bold face and clean, equivalent to 14 point Times prosecution pursuant to paragraph (b)(1) between braces ({}) the page and line of New Roman, including the font for of this section. the specification and the drawing figure block quotations and footnotes. (c) Extension of time to file request. and element numeral that describes the (5) Length of appeal brief. An appeal The time for filing a request under structure, material or acts corresponding brief may not exceed 25 pages, § 41.39(b)(1) is extendable under the to each claimed function. If there is no excluding any statement of the real means or step plus function limitation, party in interest, statement of related provisions of § 1.136(a) of this title as to the means or step plus function analysis cases, table of contents, table of applications and under the provisions of section shall state that there are not authorities, signature block, and § 1.550(c) of this title as to means or step plus function limitations appendix. An appeal brief may not reexamination proceedings. A request in the claims to be considered. incorporate another paper by reference. for an extension of time for filing a (t) Evidence section. The ‘‘evidence A request to exceed the page limit shall request under paragraph (b)(2) of this section’’ shall contain only papers be made by petition under § 41.3 filed section shall be presented as a petition which have been entered by the at least ten calendar days prior to the under § 41.3 of this part. examiner. The evidence section shall date the appeal brief is due. 10. Revise § 41.41 to read as follows: include: (6) Signature block. The signature (1) A table of contents. block must identify the appellant or § 41.41 Reply brief. (2) The Office action setting out the appellant’s representative, as (a) Reply brief authorized. An rejection on appeal. If the Office action appropriate, and a registration number, appellant may file a single reply brief incorporates by reference any other a correspondence address, a telephone responding to the points made in the Office action, then the Office action number, a fax number and an e-mail examiner’s answer. incorporated by reference shall also address. appear in the evidence section. 9. Revise § 41.39 to read as follows: (b) Time for filing reply brief. If the (3) All evidence relied upon by the appellant elects to file a reply brief, the § 41.39 Examiner’s answer. examiner in support of the rejection on reply brief must be filed within two appeal (including non-patent literature (a) Answer. If the examiner months of the date of the mailing of the and foreign application and patent determines that the appeal should go examiner’s answer. documents), except the specification, forward, then within such time and manner as may be established by the (c) Extension of time to file reply brief. any drawings, U.S. patents or published A request for an extension of time to file U.S. applications. Director the examiner shall enter an examiner’s answer responding to the a reply brief shall be presented as a (4) The relevant portion of a paper petition under § 41.3 of this subpart. filed by the appellant before the appeal brief. examiner which shows that an argument (b) New rejection in examiner’s (d) Content of reply brief. A reply brief being made on appeal was made in the answer. An examiner’s answer may shall be limited to responding to points first instance to the examiner. include a new rejection. If an examiner’s made in the examiner’s answer. Except (5) Affidavits and declarations, if any, answer contains a rejection designated as otherwise set out in this section, the and attachments to declarations, relied as a new rejection, appellant must, form and content of a reply brief are upon by appellant before the examiner. within two months from the date of the governed by the requirements for an (6) Other evidence, if any, relied upon examiner’s answer, exercise one of the appeal brief as set out in § 41.37 of this by the appellant before the examiner. following two options or the application subpart. A reply brief may not exceed (u) Related cases section. The ‘‘related will be deemed to be abandoned or the fifteen pages, excluding any table of cases section’’ shall consist of copies of reexamination proceeding will be contents, table of authorities, statement orders and opinions required to be cited deemed to be terminated. of timeliness, signature block, and pursuant to paragraph (g) of this section. (1) Request to reopen prosecution. supplemental appendix required by this (v) Appeal brief format requirements. Request that prosecution be reopened section. If the examiner enters and An appeal brief shall comply with § 1.52 before the examiner by filing a reply designates a rejection as a new rejection, of this title and the following additional under § 1.111 of this title with or the reply brief may not exceed twenty- requirements: without amendment or submission of five pages, excluding any table of (1) Page and line numbering. The evidence. Any amendment or evidence contents, table of authorities, statement pages of the appeal brief, including all must be responsive to the new rejection. of timeliness, signature block, and sections of the appendix, shall be A request that complies with this supplemental appendix required by this consecutively numbered using Arabic paragraph will be entered and the section. A request to exceed the page numerals beginning with the first page application or patent under limit shall be made by petition under of the appeal brief, which shall be reexamination will be reconsidered by § 41.3 of this part and filed at least ten numbered page 1. The lines on each the examiner under the provisions of calendar days before the reply brief is page of the appeal brief and, where § 1.112 of this title. A request under this practical, the appendix shall be paragraph will be treated as a request to due. A reply brief must contain, under consecutively numbered beginning with withdraw the appeal. appropriate headings and in the order line 1 at the top of each page. (2) Request to maintain the appeal. indicated, the following items: (2) Double spacing. Double spacing Request that the appeal be maintained (1) Table of contents—see § 41.37(i) of shall be used except in headings, tables by filing a reply brief as set forth in this subpart.

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(2) Table of authorities—see § 41.37(j) supplemental reply brief within two (d) Extension of time to file request for of this subpart. months from the date of the mailing of oral hearing. A request for an extension (3) Statement of timeliness—see the examiner’s supplemental answer. of time shall be presented as a petition paragraph (e) of this section. (c) Extension of time to file under § 41.3 of this subpart. (4) Statement of facts—see paragraph supplemental reply brief. A request for (e) Date for oral hearing. If an oral (f) of this section. an extension of time shall be presented hearing is properly requested, the Board (5) Argument. as a petition under § 41.3. shall set a date for the oral hearing. (6) Supplemental appendix. (d) Content of supplemental reply (f) Confirmation of oral hearing. (e) Statement of timeliness. The brief. Except as otherwise set out in this Within such time as may be ordered by ‘‘statement of timeliness’’ shall include subparagraph, the form and content of a the Board, appellant shall confirm the date that the examiner’s answer was supplemental reply brief are governed attendance at the oral hearing. Failure to entered and the date that the reply is by the requirements for appeal briefs as timely confirm attendance will be taken being filed. If the reply brief is filed after set out in § 41.37 of this subpart. A as a waiver of any request for an oral the time specified in this subpart, supplemental reply brief may not hearing. appellant must indicate the date an exceed ten pages, excluding the table of (g) List of terms. At the time appellant extension of time was requested and the contents, table of authorities, and confirms attendance at the oral hearing, date the request was granted. statement of timeliness and signature appellant shall supply a list of technical (f) Statement of additional facts. The block. A request to exceed the page limit terms and other unusual words which ‘‘statement of additional facts’’ shall shall be made by petition under § 41.3 can be provided to any individual consist of a statement of the additional of this part and filed at least ten transcribing an oral hearing. facts that appellant believes are calendar days before the supplemental (h) Length of argument. Unless necessary to address the points raised in reply brief is due. A supplemental reply otherwise ordered by the Board, the examiner’s answer and, as to each brief must contain, under appropriate argument on behalf of appellant shall be fact, must identify the point raised in headings and in the order indicated, the limited to 20 minutes. the examiner’s answer to which the fact following items: (i) Oral hearing limited to record. At relates. (1) Table of contents—see § 41.37(i) of oral hearing only the record on appeal (g) Argument. A reply brief is limited this subpart. will be considered. No additional to responding to points made in the (2) Table of authorities—see § 41.37(j) evidence may be offered to the Board in examiner’s answer. Arguments generally of this subpart. support of the appeal. Any argument not (3) Statement of timeliness—see restating the case will not be permitted presented in a brief cannot be raised at paragraph (e) of this section. an oral hearing. in a reply brief. (4) Argument—see paragraph (f) of (h) Supplemental appendix. If the (j) Recent legal development. this section. Notwithstanding subparagraph (i) of this examiner entered a new rejection in the (e) Statement of timeliness. The section, an appellant or the examiner examiner’s answer and appellant elects ‘‘statement of timeliness’’ shall establish may rely on and call the Board’s to respond to the new rejection in a that the supplemental reply brief was attention to a recent court or Board reply brief, this item shall include: timely filed by including a statement of (1) A table of contents—see § 41.37(i) the date the supplemental examiner’s opinion which could have an effect on of this subpart. answer was entered and the date the the manner in which the appeal is (2) The examiner’s answer. supplemental reply brief is being filed. decided. (k) Visual aids. Visual aids may be (3) All evidence upon which the If the supplemental reply brief is filed examiner relied in support of the new after the time specified in this subpart, used at an oral hearing, but must be rejection that does not already appear in appellant must indicate the date an limited to copies of documents in the the evidence section accompanying the extension of time was requested and the record on appeal. At the oral hearing, appeal brief, except the specification, date the request was granted. appellant should provide one copy of any drawings, U.S. patents and U.S. (f) Argument. The ‘‘argument’’ shall each visual aid for each judge and one published applications. be limited to responding to points made copy for the record. (i) No amendment or new evidence. in the supplemental examiner’s answer. (l) Failure to attend oral hearing. No amendment or new evidence may Arguments generally restating the case Failure of an appellant to attend an oral accompany a reply brief. will not be permitted in a supplemental hearing will be treated as a waiver of 11. Revise § 41.43 to read as follows: reply brief. oral hearing. (g) No amendment or new evidence. 14. Revise § 41.50 to read as follows: § 41.43 Examiner’s response to reply brief. No amendment or new evidence may Upon consideration of a reply brief, § 41.50 Decisions and other actions by the accompany a supplemental reply brief. Board. the examiner may withdraw a rejection 13. Revise § 41.47 to read as follows: and reopen prosecution or may enter a (a) Affirmance and reversal. The supplemental examiner’s answer § 41.47 Oral hearing. Board may affirm or reverse an responding to the reply brief. (a) Request for oral hearing. If examiner’s rejection in whole or in part. 12. Add § 41.44 to read as follows: appellant desires an oral hearing, Affirmance of a rejection of a claim appellant must file, as a separate paper, constitutes a general affirmance of the § 41.44 Supplemental reply brief. [new rule a written request captioned: ‘‘REQUEST decision of the examiner on that claim, number] FOR ORAL HEARING’’. except as to any rejection specifically (a) Supplemental reply brief (b) Fee. A request for oral hearing reversed. authorized. If an examiner enters a shall be accompanied by the fee (b) Remand. The Board may remand supplemental examiner’s answer, an required by § 41.20(b)(3) of this subpart. an application to the examiner. If in appellant may file a single supplemental (c) Time for filing request for oral response to the remand, the examiner reply brief responding to the hearing. Appellant must file a request enters a supplemental examiner’s supplemental examiner’s answer. for oral hearing within two months from answer, within two months the (b) Time for filing supplemental reply the date of the examiner’s answer or appellant shall exercise one of the brief. Appellant must file a supplemental examiner’s answer. following two options to avoid

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abandonment of the application or (2) Request for rehearing. Submit a under § 41.3 at least ten calendar days termination of a reexamination request for rehearing pursuant to § 41.52 before the request for rehearing is due. proceeding: of this subpart relying on the record on A request for rehearing must contain, (1) Request to reopen prosecution. appeal. under appropriate headings and in the Request that prosecution be reopened (e) Recommendation. In its opinion in order indicated, the following items: before the examiner by filing a reply support of its decision, the Board may (1) Table of contents—see § 41.37(i) of under § 1.111 of this title with or include a recommendation, explicitly this subpart. without amendment or submission of designated as such, of how a claim on (2) Table of authorities—see 41.37(j) evidence. Any amendment or evidence appeal may be amended to overcome a of this subpart. must be responsive to the remand or specific rejection. When the Board (3) Statement of timeliness—see issues discussed in the supplemental makes a recommendation, appellant paragraph (e) of this section. examiner’s answer. A request that may file an amendment or take other (4) Argument—see paragraph (f) of complies with this paragraph will be action consistent with the this section. entered and the application or patent recommendation. An amendment or (e) Statement of timeliness. The under reexamination will be other action, otherwise complying with ‘‘statement of timeliness’’ shall establish reconsidered by the examiner under the statutory patentability requirements, that the request for rehearing was timely provisions of § 1.112 of this title. A will overcome the specific rejection. An filed by including a statement of the request under this paragraph will be examiner, however, may enter a new date the decision sought to be reheard treated as a request to dismiss the rejection of a claim amended in was entered and the date the request for appeal. conformity with a recommendation, rehearing is being filed. If the request for (2) Request to maintain the appeal. when appropriate. rehearing is filed after the time specified The appellant may request that the (f) Request for briefing and in this subpart, appellant must indicate Board re-docket the appeal (see information. The Board may enter an the date an extension of time was § 41.35(a) of this subpart) and file a order requiring appellant to brief requested and the date the request was reply brief as set forth in § 41.41 of this matters or supply information or both granted. subpart. A reply brief may not be that the Board believes would assist in (f) Argument. In filing a request for accompanied by any amendment or deciding the appeal. Appellant will be rehearing, the argument shall adhere to evidence. A reply brief which is given a non-extendable time period the following format: ‘‘On page x, lines accompanied by an amendment or within which to respond to the order. y–z of the Board’s opinion, the Board evidence will be treated as a request to Failure of appellant to timely respond to states that [set out what was stated]. The reopen prosecution pursuant to the order may result in dismissal of the point misapprehended or overlooked paragraph (b)(1) of this section. appeal in whole or in part. was made to the Board in [identify (c) Remand not final action. (g) Extension of time to take action. A paper, page and line where argument Whenever a decision of the Board request for an extension of time to was made to the Board]. The response includes a remand, the decision shall respond to a request for briefing and is [state response].’’ As part of each not be considered a final decision of the information under paragraph (f) of this response, appellant shall refer to the Board. When appropriate, upon section is not authorized. A request for page number and line or drawing conclusion of proceedings on remand an extension of time to respond to Board number of the record on appeal. No before the examiner, the Board may action under paragraphs (b) and (d) of general restatement of the case is enter an order making its decision final. this section shall be presented as a permitted in a request for rehearing. A new argument cannot be made in a (d) New rejection. Should the Board petition under § 41.3 of this subpart. 15. Revise § 41.52 to read as follows: request for rehearing, except: have a basis not involved in the appeal (1) New rejection. Appellant may for rejecting any pending claim, it may § 41.52 Rehearing. respond to a new rejection entered enter a new rejection. A new rejection (a) Request for rehearing authorized. pursuant to § 41.50(d)(2) of this subpart. shall be considered an interlocutory An appellant may file a single request (2) Recent legal development. order and shall not be considered a final for rehearing. Appellant may rely on and call the decision. If the Board enters a new (b) Time for filing request for Board’s attention to a recent court or rejection, within two months appellant rehearing. Any request for rehearing Board opinion which is relevant to an must exercise one of the following two must be filed within two months from issue decided in the appeal. options with respect to the new the date of the decision entered by the (g) No amendment or new evidence. rejection to avoid dismissal of the Board. No amendment or new evidence may appeal as to any claim subject to the (c) Extension of time to file request for accompany a request for rehearing. new rejection: rehearing. A request for an extension of (h) Decision on rehearing. A decision (1) Reopen prosecution. Submit an time shall be presented as a petition will be rendered on a request for amendment of the claims subject to a under § 41.3 of this subpart. rehearing. The decision on rehearing is new rejection or new evidence relating (d) Content of request for rehearing. A deemed to incorporate the underlying to the new rejection or both, and request request for rehearing shall state with decision sought to be reheard except for that the matter be reconsidered by the particularity the points believed to have those portions of the underlying examiner. The application or been misapprehended or overlooked by decision specifically modified on reexamination proceeding on appeal the Board. The form of a request for rehearing. A decision on rehearing is will be remanded to the examiner. A rehearing is governed by the final for purposes of judicial review, new rejection by the Board is binding on requirements of § 41.37(v) of this except when otherwise noted in the the examiner unless, in the opinion of subpart, except that a request for decision on rehearing. the examiner, the amendment or new rehearing may not exceed ten pages, 16. Revise § 41.54 to read as follows: evidence overcomes the new rejection. excluding any table of contents, table of In the event the examiner maintains the authorities, statement of timeliness, and § 41.54 Action following decision. new rejection, appellant may again signature block. A request to exceed the After a decision by the Board and appeal to the Board. page limit shall be made by petition subject to appellant’s right to seek

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judicial review, the application or requests to EPA on November 1, 2005 final rule will be withdrawn and all reexamination proceeding will be and March 20, 2007. The revisions public comments received will be returned to the jurisdiction of the would change the source name from St. addressed in a subsequent final rule examiner for such further action as may Mary’s to Holy Cross Services based on this proposed rule. EPA will be appropriate consistent with the Corporation (Saint Mary’s Campus), and not institute a second comment period. decision by the Board. clarify and revise existing particulate Any parties interested in commenting 17. Add § 41.56 to read as follows: matter (PM) emission limits for the on this action should do so at this time. boilers at that source to reflect current Please note that if EPA receives adverse § 41.56 Sanctions. operating conditions. These revisions comment on an amendment, paragraph, (a) Imposition of sanctions. A will not result in an increase in PM or section of this rule and if that sanction may be imposed against an emissions. provision may be severed from the appellant for misconduct, including: remainder of the rule, EPA may adopt (1) Failure to comply with an order DATES: Comments must be received on or before August 29, 2007. as final those provisions of the rule that entered in the appeal or an applicable are not the subject of an adverse rule. ADDRESSES: Submit your comments, comment. For additional information, (2) Advancing or maintaining a identified by Docket ID No. EPA–R05– see the direct final rule which is located misleading or frivolous request for relief OAR–2007–0292, by one of the in the Rules section of this Federal or argument. following methods: Register. (3) Engaging in dilatory tactics. 1. http://www.regulations.gov: Follow Dated: July 11, 2007. (b) Nature of sanction. Sanctions may the on-line instructions for submitting include entry of: comments. Bharat Mathur, (1) An order declining to enter a 2. E-mail: [email protected]. Acting Regional Administrator, Region 5. docketing notice. 3. Fax: (312) 886–5824. [FR Doc. E7–14477 Filed 7–27–07; 8:45 am] (2) An order holding certain facts to 4. Mail: John M. Mooney, Chief, BILLING CODE 6560–50–P have been established in the appeal. Criteria Pollutant Section, Air Programs (3) An order expunging a paper or Branch (AR–18J), U.S. Environmental precluding an appellant from filing a Protection Agency, 77 West Jackson ENVIRONMENTAL PROTECTION paper. Boulevard, Chicago, Illinois 60604. AGENCY (4) An order precluding an appellant 5. Hand Delivery: John M. Mooney, 40 CFR Parts 52 and 97 from presenting or contesting a Chief, Criteria Pollutant Section, Air particular issue. Programs Branch (AR–18J), U.S. [EPA–R06–OAR–2007–0252; FRL–8446–2] (5) An order excluding evidence. Environmental Protection Agency, 77 (6) An order requiring terminal West Jackson Boulevard, Chicago, Approval and Promulgation of disclaimer of patent term. Illinois 60604. Such deliveries are only Implementation Plans; Texas; Clean (7) An order holding an application accepted during the Regional Office Air Interstate Rule Nitrogen Oxides on appeal to be abandoned or a normal hours of operation, and special Annual Trading Program reexamination proceeding terminated. arrangements should be made for AGENCY: Environmental Protection (8) An order dismissing an appeal. deliveries of boxed information. The Agency (EPA). (9) An order denying an oral hearing. Regional Office official hours of (10) An order terminating an oral business are Monday through Friday, ACTION: Proposed rule. hearing. 8:30 a.m. to 4:30 p.m. excluding Federal holidays. SUMMARY: EPA is proposing to approve Dated: July 19, 2007. Please see the direct final rule which a revision to the Texas State Jon W. Dudas, is located in the Rules section of this Implementation Plan (SIP) submitted by Under Secretary of Commerce for Intellectual Federal Register for detailed the State of Texas on August 4, 2006, as Property, and Director of the United States instructions on how to submit the Texas Clean Air Interstate Rule Patent and Trademark Office. comments. (CAIR) Nitrogen Oxides (NOX) Annual [FR Doc. E7–14645 Filed 7–27–07; 8:45 am] Abbreviated SIP. The abbreviated SIP BILLING CODE 3510–16–P FOR FURTHER INFORMATION CONTACT: revision EPA is proposing to approve Charles Hatten, Environmental includes the Texas methodologies for Engineer, Criteria Pollutant Section, Air allocation of annual NOX allowances for Programs Branch (AR–18J), ENVIRONMENTAL PROTECTION Phase 1 of CAIR, the control periods Environmental Protection Agency, AGENCY 2009 through 2014, and for allocating Region 5, 77 West Jackson Boulevard, allowances from the compliance 40 CFR Part 52 Chicago, Illinois 60604, (312) 886–6031, supplement pool (CSP) in the CAIR NOX [email protected]. annual trading program. EPA is [EPA–R05–OAR–2007–0292; FRL–8443–1] SUPPLEMENTARY INFORMATION: In the proposing to determine that the Texas Approval and Promulgation of Air Final Rules section of this Federal CAIR NOX Annual Abbreviated SIP Quality Implementation Plans; Indiana Register, EPA is approving the State’s revision satisfies the applicable SIP submittal as a direct final rule requirements of a CAIR abbreviated SIP AGENCY: Environmental Protection without prior proposal because the revision. Upon the effective date of Agency (EPA). Agency views this as a noncontroversial approval of the Texas CAIR NOX ACTION: Proposed rule. submittal and anticipates no adverse Annual Abbreviated SIP revision, EPA comments. A detailed rationale for the by ministerial action will note in the SUMMARY: EPA is proposing to approve approval is set forth in the direct final Texas CAIR NOX Annual Federal Indiana’s requests to amend its State rule. If no adverse comments are Implementation Plan’s (FIP) Implementation Plan (SIP) for control of received in response to this rule, no incorporated regulations that the Texas particulate matter in 326 IAC 6.5–7–13. further activity is contemplated. If EPA rules for annual NOX allowances under Indiana submitted the SIP revision receives adverse comments, the direct Phase 1 of CAIR and allocating

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allowances from the CSP apply, rather FOR FURTHER INFORMATION CONTACT: If will be withdrawn and all public than the Federal FIP rules. you have questions concerning today’s comments received will be addressed in The intended effect of this action is to proposal, please contact Ms. Adina a subsequent final rule based on this reduce NOX emissions from the State of Wiley (6PD–R), Air Permits Section, proposed rule. EPA will not institute a Texas that are contributing to Environmental Protection Agency, second comment period. Any parties nonattainment of the PM2.5 National Region 6, 1445 Ross Avenue (6PD–R), interested in commenting on this action Ambient Air Quality Standard (NAAQS Suite 1200, Dallas, TX 75202–2733. The should do so at this time. Please note or standard) in downwind states. This telephone number is (214) 665–2115. that if EPA receives adverse comment action is being taken under section 110 Ms. Wiley can also be reached via on an amendment, paragraph, or section of the Federal Clean Air Act (the Act or electronic mail at [email protected]. of the rule, and if that provision may be CAA). SUPPLEMENTARY INFORMATION: In the severed from the remainder of the rule, DATES: Comments must be received on final rules section of this Federal EPA may adopt as final those provisions or before August 29, 2007. Register, EPA is approving the State’s of the rule that are not the subject of an ADDRESSES: Comments may be mailed to SIP submittal as a direct final rule adverse comment. Mr. Jeff Robinson, Chief, Air Permits without prior proposal because the Section (6PD–R), Environmental Agency views this as a noncontroversial For additional information, see the Protection Agency, 1445 Ross Avenue, submittal and anticipates no relevant direct final rule which is located in the Suite 1200, Dallas, Texas 75202–2733. adverse comments. A detailed rationale rules section of this Federal Register. Comments may also be submitted for the approval is set forth in the direct Dated: July 16, 2007. electronically or through hand delivery/ final rule. If no relevant adverse Richard E. Greene, courier by following the detailed comments are received in response to instructions in the ADDRESSES section of this action, no further activity is Regional Administrator, EPA Region 6. the direct final rule located in the rules contemplated. If EPA receives relevant [FR Doc. E7–14484 Filed 7–27–07; 8:45 am] section of this Federal Register. adverse comments, the direct final rule BILLING CODE 6560–50–P

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Notices Federal Register Vol. 72, No. 145

Monday, July 30, 2007

This section of the FEDERAL REGISTER advised to go to the Commission’s Web and regulations of the Commission and contains documents other than rules or site, http://www.usccr.gov, or to contact the Federal Advisory Committee Act. proposed rules that are applicable to the the Southern Regional Office at the Dated at Washington, DC, July 25, 2007. public. Notices of hearings and investigations, above e-mail or street address. committee meetings, agency decisions and Ivy L. Davis, The meeting will be conducted rulings, delegations of authority, filing of Acting Chief, Regional Programs petitions and applications and agency pursuant to the provisions of the rules Coordination Unit. and regulations of the Commission and statements of organization and functions are [FR Doc. E7–14670 Filed 7–27–07; 8:45 am] examples of documents appearing in this FACA. BILLING CODE 6335–02–P section. Dated in Washington, DC, July 23, 2007. Ivy Davis, COMMISSION ON CIVIL RIGHTS Acting Chief, Regional Programs DEPARTMENT OF COMMERCE Coordination Unit. Agenda and Notice of Public Meeting [FR Doc. E7–14609 Filed 7–27–07; 8:45 am] International Trade Administration of the Tennessee Advisory Committee BILLING CODE 6335–02–P [A–570–890]

Notice is hereby given, pursuant to Wooden Bedroom Furniture from the the provisions of the rules and COMMISSION ON CIVIL RIGHTS People’s Republic of China: regulations of the U.S. Commission on Preliminary Results of Antidumping Agenda and Notice of Public Meeting Civil Rights (Commission), and the Duty Changed Circumstances Review Federal Advisory Committee Act of the Virginia State Advisory (FACA), that a planning meeting with Committee AGENCY: Import Administration, briefing of the Tennessee Advisory International Trade Administration, Committee to the Commission will Notice is hereby given, pursuant to Department of Commerce. the provisions of the rules and convene at 1 p.m. and adjourn at 5 p.m. SUMMARY: In response to a joint request regulations of the U.S. Commission on on Monday, August 6, 2007 at the from Tradewinds Furniture Ltd. Civil Rights and the regulations of the Hamilton County Commissioner (‘‘Tradewinds Furniture’’) and Federal Advisory Committee Act Conference Room, 25 Georgia Avenue, Tradewinds International Enterprise (FACA), that a conference call of the Chattanooga, Tennessee. The purpose of Ltd. (‘‘Tradewinds Intl.’’), the Virginia Advisory Committee will the planning meeting with briefing is to Department of Commerce convene at 11 a.m. and adjourn at 1 p.m. give an orientation to members, discuss (‘‘Department’’) initiated a changed on Friday, August 10, 2007. The the Committee’s report on school circumstances review of the purpose of the planning meeting is for desegregation, receive a briefing on antidumping duty order on wooden the committee to plan conduct an religious freedom for prisoners, and bedroom furniture (‘‘WBF’’) from the orientation for new committee members discuss future activities of the People’s Republic of China (‘‘PRC’’). We and plan future projects. Committee. preliminarily find that Tradewinds Members of the public are entitled to This conference call is available to the Furniture is the successor–in-interest to submit written comments; the public through the following call-in Nanhai Jiantai Woodwork Co. (‘‘Nanhai comments must be received in the number: 866–270–0762. Any interested Jiantai’’), but that Tradewinds Intl. is Southern Regional Office by Monday, member of the public may call this not the successor–in-interest to Nanhai August 20, 2007. The address is 61 number and listen to the meeting. Jiantai’s affiliated exporter, Fortune Forsyth Street, SW., Suite 18T40, Callers can expect to incur charges for Glory Industrial Limited (‘‘Fortune Atlanta, Georgia 30303. Persons wishing calls not initiated using the supplied Glory’’). to e-mail their comments, or to present call-in number or over wireless lines, EFFECTIVE DATE: their comments verbally at the meeting, and the Commission will not refund any July 30, 2007. or who desire additional information incurred charges. Callers will incur no FOR FURTHER INFORMATION CONTACT: should contact Peter Minarik, Ph.D., charge for calls using the call-in number Juanita H. Chen or Robert A. Bolling, Regional Director, Southern Regional over land-line connections. Persons AD/CVD Operations, Office 8, Import Office, U.S. Commission on Civil Rights with hearing impairments may also Administration, International Trade at (404) 562–7000 [TDY 202–376–8116], follow the proceedings by first calling Administration, U.S. Department of or by e-mail at: [email protected]. the Federal Relay Service at 1–800–977– Commerce, 1401 Constitution Avenue, Hearing-impaired persons who will 8339 and providing the Service with the NW, Washington, DC 20230; telephone: attend the meeting and require the conference call number. 202–482–1904 or 202–482–3434, services of a sign language interpreter To ensure that the Commission respectively. should contact the Regional Office at secures an appropriate number of lines SUPPLEMENTARY INFORMATION: least ten (10) working days before the for the public, persons are asked to scheduled date of the meeting. register by contacting Barbara de La Background Records generated from this meeting Viez, Civil Rights Analyst, the Eastern On January 4, 2005, the Department may be inspected and reproduced at the Regional Office, 202–376–7533, TTY published in the Federal Register the Southern Regional Office, as they 202–376–8116, by 4 p.m., August 3, antidumping duty order on WBF from become available, both before and after 2007. the PRC. See Notice of Amended Final the meeting. Persons interested in the The meeting will be conducted Determination of Sales at Less Than work of this advisory committee are pursuant to the provisions of the rules Fair Value and Antidumping Duty

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Order: Wooden Bedroom Furniture supplemental questionnaire to chests5, door chests6, chiffoniers7, From the People’s Republic of China, 70 Tradewinds Furniture and Tradewinds hutches8, and armoires9; (6) desks, FR 329 (January 4, 2005). As part of the Intl. On June 12, 2007, Tradewinds computer stands, filing cabinets, book antidumping duty order on WBF from Furniture and Tradewinds Intl. cases, or writing tables that are attached the PRC, Nanhai Jiantai and Fortune submitted their response to the to or incorporated in the subject Glory received a separate rate of 6.65 supplemental questionnaire merchandise; and (7) other bedroom percent. See 70 FR at 331. On November (‘‘Supplemental Response’’). furniture consistent with the above list. 20, 2006, the Department published in The scope of the order excludes the the Federal Register an amended final Scope of Order following items: (1) seats, chairs, determination and antidumping duty benches, couches, sofas, sofa beds, order on WBF from the PRC, as a result The product covered by the order is stools, and other seating furniture; (2) of litigation and a decision by the wooden bedroom furniture. Wooden mattresses, mattress supports (including United States Court of International bedroom furniture is generally, but not box springs), infant cribs, water beds, Trade (‘‘CIT’’). See Notice of Amended exclusively, designed, manufactured, and futon frames; (3) office furniture, Final Determination of Sales at Less and offered for sale in coordinated such as desks, stand–up desks, Than Fair Value and Antidumping Duty groups, or bedrooms, in which all of the computer cabinets, filing cabinets, Order/Pursuant to Court Decision: individual pieces are of approximately credenzas, and bookcases; (4) dining Wooden Bedroom Furniture From the the same style and approximately the room or kitchen furniture such as dining People’s Republic of China, 71 FR 67099 same material and/or finish. The subject tables, chairs, servers, sideboards, (November 20, 2006). As a result of the merchandise is made substantially of buffets, corner cabinets, china cabinets, CIT’s decision, Nanhai Jiantai and wood products, including both solid and china hutches; (5) other non– Fortune Glory received an amended wood and also engineered wood bedroom furniture, such as television separate rate of 7.24 percent. See 71 FR products made from wood particles, cabinets, cocktail tables, end tables, at 67101. fibers, or other wooden materials such occasional tables, wall systems, book On November 22, 2006, Tradewinds as plywood, oriented strand board, cases, and entertainment systems; (6) Furniture and Tradewinds Intl. filed a bedroom furniture made primarily of particle board, and fiberboard, with or joint submission requesting that the wicker, cane, osier, bamboo or rattan; (7) without wood veneers, wood overlays, Department conduct a changed side rails for beds made of metal if sold circumstances review of the or laminates, with or without non–wood separately from the headboard and antidumping duty order on WBF from components or trim such as metal, footboard; (8) bedroom furniture in the PRC to confirm that Tradewinds marble, leather, glass, plastic, or other which bentwood parts predominate10; Furniture and Tradewinds Intl. are the resins, and whether or not assembled, (9) jewelry armories11; (10) cheval successors–in-interest to Nanhai Jiantai completed, or finished. and Fortune Glory, respectively (‘‘Joint The subject merchandise includes the 5 A chest is typically a case piece taller than it Request’’). On November 30, 2006, is wide featuring a series of drawers and with or following items: (1) wooden beds such without one or more doors for storing clothing. The Tradewinds Furniture and Tradewinds as loft beds, bunk beds, and other beds; piece can either include drawers or be designed as Intl. submitted a public version of a (2) wooden headboards for beds a large box incorporating a lid. sales chart provided in their November (whether stand–alone or attached to side 6 A door chest is typically a chest with hinged doors to store clothing, whether or not containing 22, 2006, request. rails), wooden footboards for beds, On January 18, 2007, the Department drawers. The piece may also include shelves for wooden side rails for beds, and wooden televisions and other entertainment electronics. published its notice of initiation of a canopies for beds; (3) night tables, night 7 A chiffonier is typically a tall and narrow chest changed circumstances review to stands, dressers, commodes, bureaus, of drawers normally used for storing undergarments determine whether Tradewinds and lingerie, often with mirror(s) attached. Furniture and Tradewinds Intl. are mule chests, gentlemen’s chests, 8 A hutch is typically an open case of furniture successors–in-interest to Nanhai Jiantai bachelor’s chests, lingerie chests, with shelves that typically sits on another piece of and Fortune Glory, respectively. See wardrobes, vanities, chessers, furniture and provides storage for clothes. chifforobes, and wardrobe–type 9 An armoire is typically a tall cabinet or Wooden Bedroom Furniture from the wardrobe (typically 50 inches or taller), with doors, People’s Republic of China: Initiation of cabinets; (4) dressers with framed glass and with one or more drawers (either exterior below Antidumping Duty Changed mirrors that are attached to, or above the doors or interior behind the doors), incorporated in, sit on, or hang over the shelves, and/or garment rods or other apparatus for Circumstances Review, 72 FR 2262 storing clothes. Bedroom armoires may also be used 1 (January 18, 2007). As part of the notice dresser; (5) chests–on-chests , to hold television receivers and/or other audio- of initiation, the Department invited highboys2, lowboys3, chests of drawers4, visual entertainment systems. interested parties to submit comments 10 As used herein, bentwood means solid wood on the request for a changed made pliable. Bentwood is wood that is brought to a curved shape by bending it while made pliable circumstances review within 15 days of with moist heat or other agency and then set by publication of the notice. See 72 FR at cooling or drying. See Customs’ Headquarters’ 2264. No interested parties provided 1 A chest-on-chest is typically a tall chest-of- Ruling Letter 043859, dated May 17, 1976. 11 comments. drawers in two or more sections (or appearing to be Any armoire, cabinet or other accent item for On March 30, 2007, the Department in two or more sections), with one or two sections the purpose of storing jewelry, not to exceed 24’’ in width, 18’’ in depth, and 49’’ in height, including mounted (or appearing to be mounted) on a slightly issued a questionnaire to Tradewinds a minimum of 5 lined drawers lined with felt or Furniture and Tradewinds Intl. larger chest; also known as a tallboy. felt-like material, at least one side door (whether or regarding their successor–in-interest 2 A highboy is typically a tall chest of drawers not the door is lined with felt or felt-like material), changed circumstances review request. usually composed of a base and a top section with with necklace hangers, and a flip-top lid with inset drawers, and supported on four legs or a small chest mirror. See Issues and Decision Memorandum from On April 20, 2007, Tradewinds (often 15 inches or more in height). Laurel LaCivita to Laurie Parkhill, Office Director, Concerning Jewelry Armoires and Cheval Mirrors in Furniture and Tradewinds Intl. 3 A lowboy is typically a short chest of drawers, submitted their response to the the Antidumping Duty Investigation of Wooden not more than four feet high, normally set on short Bedroom Furniture from the People’s Republic of Department’s questionnaire legs. China, dated August 31, 2004. See also Wooden (‘‘Questionnaire Response’’). On June 5, 4 A chest of drawers is typically a case containing Bedroom Furniture from the People’s Republic of 2007, the Department issued a drawers for storing clothing. Continued

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mirrors12 ; (11) certain metal parts13 ; subheadings are provided for that, other than a name change, all other (12) mirrors that do not attach to, convenience and customs purposes, our information remained the same. See incorporate in, sit on, or hang over a written description of the scope of this Joint Request, at Exhibits 3 and 5. dresser if they are not designed and proceeding is dispositive. Tradewinds Furniture reported that, thereafter, a company (whose name is marketed to be sold in conjunction with Preliminary Results of Review a dresser as part of a dresser–mirror set; reported as proprietary, hereinafter and (13) upholstered beds14. In a changed circumstances review referred to as ‘‘Company A’’) purchased Imports of subject merchandise are involving a successor–in-interest the majority of assets of Foshan Jiantai classified under subheading determination, the Department typically in August 2004. See Joint Request, at 9403.50.9040 of the HTSUS as ‘‘wooden examines several factors including, but Exhibit 6; Questionnaire Response, at . . . beds’’ and under subheading not limited to, changes in: (1) Exhibit 22 (Asset Transfer Contract). 9403.50.9080 of the HTSUS as ‘‘other . management; (2) production facilities; Company A established Tradewinds . . wooden furniture of a kind used in (3) supplier relationships; and (4) Furniture to take over Foshan Jiantai’s the bedroom.’’ In addition, wooden customer base. See Certain Cut–to- furniture production operations. headboards for beds, wooden footboards Length Carbon Steel Plate from Tradewinds Furniture provided the PRC for beds, wooden side rails for beds, and Romania: Initiation and Preliminary certificate of approval, as well as the wooden canopies for beds may also be Results of Changed Circumstances Foshan City registration and business entered under subheading 9403.50.9040 Antidumping Duty Administrative license, in support of this contention. of the HTSUS as ‘‘parts of wood’’ and Review, 70 FR 22847 (May 3, 2005). See Joint Request, at Exhibits 7–8; framed glass mirrors may also be While no single factor or combination of Questionnaire Response, at 1. entered under subheading 7009.92.5000 factors will necessarily be dispositive, Tradewinds Furniture reported that of the HTSUS as ‘‘glass mirrors . . . the Department generally will consider Foshan Jiantai is no longer producing framed.’’ This order covers all wooden the new company to be the successor to WBF or providing any services. See bedroom furniture meeting the above the predecessor if the resulting Questionnaire Response, at 3. description, regardless of tariff operations are essentially the same as Tradewinds Furniture also stated that it classification. Although the HTSUS those of the predecessor company. See, has taken over complete operational e.g., Notice of Initiation of Antidumping control of the furniture production China: Notice of Final Results of Changed Duty Changed Circumstances Review: operations from Foshan Jiantai. See Circumstances Review and Revocation in Part, 71 Certain Forged Stainless Steel Flanges Supplemental Response, at 1. FR 38621 (July 7, 2006). from India, 71 FR 327 (January 4, 2006). Tradewinds Furniture gave a written 12 Cheval mirrors are, i.e., any framed, tiltable Thus, if the record demonstrates that, description of the ownership and ″ mirror with a height in excess of 50 that is with respect to the production and sale management changes from Nanhai mounted on a floor-standing, hinged base. Additionally, the scope of the order excludes of the subject merchandise, the new Jiantai through to Tradewinds combination cheval mirror/jewelry cabinets. The company operates as the same business Furniture, which included a discussion excluded merchandise is an integrated piece entity as the predecessor company, the of the board of director changes, and consisting of a cheval mirror, i.e., a framed tiltable Department may assign the new noted that 16 out of 19 key management mirror with a height in excess of 50 inches, mounted on a floor-standing, hinged base, the company the cash deposit rate of its employees of Nanhai Jiantai remain cheval mirror serving as a door to a cabinet back predecessor. See, e.g., Fresh and Chilled with Tradewinds Furniture. See Joint that is integral to the structure of the mirror and Atlantic Salmon from Norway: Final Request, at 6–7 and Exhibits 11–12; which constitutes a jewelry cabinet lined with Results of Changed Circumstances Questionnaire Response, at 2; fabric, having necklace and bracelet hooks, mountings for rings and shelves, with or without a Antidumping Duty Administrative Supplemental Response, at 2–3. working lock and key to secure the contents of the Review, 64 FR 9979, 9980 (March 1, Tradewinds Furniture also provided jewelry cabinet back to the cheval mirror, and no 1999). flowcharts in support, which outline drawers anywhere on the integrated piece. The fully these changes from Nanhai Jiantai, assembled piece must be at least 50 inches in Tradewinds Furniture Ltd. height, 14.5 inches in width, and 3 inches in depth. through the name change to Foshan See Wooden Bedroom Furniture From the People’s In the Joint Request, Tradewinds Jiantai, and its subsequent acquisition Republic of China: Final Results of Changed Furniture claims that it is the successor– by Company A, through to the Circumstances Review and Determination To in-interest to Nanhai Jiantai. establishment of Tradewinds Furniture. Revoke Order in Part, 72 FR 38621 (January 9, Tradewinds Furniture submitted See Joint Request, at Exhibit 10; 2007). documentation showing that in 13 Metal furniture parts and unfinished furniture Questionnaire Response, at Exhibit 23; parts made of wood products (as defined above) February 2004, a government change in Supplemental Response, at Exhibit 28. that are not otherwise specifically named in this administrative boundaries resulted in a Tradewinds Furniture also provided scope (i.e., wooden headboards for beds, wooden change in name for Nanhai Jiantai to charts and descriptions of the changes footboards for beds, wooden side rails for beds, and Foshan Jiantai Woodwork Co. (‘‘Foshan wooden canopies for beds) and that do not possess to the organizational structure, lists of the essential character of wooden bedroom Jiantai’’). Tradewinds Furniture the assets and equipment that were part furniture in an unassembled, incomplete, or provided documentation showing that of Company A’s acquisition of Foshan unfinished form. Such parts are usually classified this change was in name only, including Jiantai, and compared the production under the Harmonized Tariff Schedule of the the State Council of the PRC’s approval facilities and offices used by Nanhai United States (‘‘HTSUS’’) subheading 9403.90.7000. 14 Upholstered beds that are completely of the adjustment to the administrative Jiantai to those used by Tradewinds upholstered, i.e., containing filling material and region in Foshan City (see Joint Request, Furniture. See Joint Request, at 8–9 and completely covered in sewn genuine leather, at Exhibit 1), the People’s Government Exhibits 13–16; Questionnaire synthetic leather, or natural or synthetic decorative of Guangdong Province’s mandate for Response, at 4–5. fabric. To be excluded, the entire bed (headboards, footboards, and side rails) must be upholstered implementation of the change (see Joint In addition, Tradewinds Furniture except for bed feet, which may be of wood, metal, Request, at Exhibit 2), and the alteration provided a comparison chart of the or any other material and which are no more than detail (see Joint Request, at Exhibit 4). international suppliers for Nanhai nine inches in height from the floor. See Wooden Tradewinds Furniture also provided the Jiantai and Tradewinds Furniture, as Bedroom Furniture from the People’s Republic of China: Final Results of Changed Circumstances business licenses and certificates of well as copies of purchase orders placed Review and Determination to Revoke Order in Part, approval for both Nanhai Jiantai and by both, explaining that changes in 72 FR 7013 (February 14, 2007). Foshan Jiantai, in support of its claim suppliers were due to standard

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reevaluations of the relationship, as well Response, at 3 and Exhibit 25. their briefs: (1) a statement of the issue, as non–competitive pricing. See Joint Tradewinds Intl. provided a flowchart and (2) a brief summary of the Request, at 9–10 and Exhibits 17–18. that indicated board of director changes argument. Briefs must be served on Further, Tradewinds Furniture stated from Fortune Glory to Tradewinds Intl. interested parties in accordance with 19 that it has ‘‘substantially the same’’ See Questionnaire Response, at Exhibit C.F.R. 351.309. Any interested party customer base as Nanhai Jiantai, 23; Supplemental Response, at Exhibit may request a hearing within 20 days of provided a customer comparison chart, 28. Tradewinds Intl. elaborated on and publication of this notice. Any hearing, and explained that the loss of customers provided various documentation on if requested, will be held no later than and addition of new customers is certain name changes, which resulted in 25 days after publication of this notice, typical for any company. See Joint the name Tradewinds Intl. See Joint unless the Department alters this time Request, at 10 and Exhibit 19. Finally, Request, at 5 and Exhibit 9; limit, pursuant to 19 C.F.R. 351.310(d). Tradewinds Furniture provided Questionnaire Response, at 4 and In accordance with 19 C.F.R. shipping records for Foshan Jiantai and Exhibit 26. Tradewinds Intl. also 351.216(e), the Department intends to Tradewinds Furniture and stated that provided the business registration issue the final results of this changed there is ‘‘significant parity of shipment certificates for Fortune Glory and circumstances review no later than 270 quantities and values’’ (both in pieces Tradewinds Intl. See Questionnaire days after the date on which this review and in sales). See Joint Request, at 11– Response, at 3–4 and Exhibits 24 and was initiated. 12 and Exhibits 20–21. 27. Tradewinds Intl. claims that Fortune This notice is issued and published in Upon review of the submitted Glory will transfer its export functions accordance with sections 751(b)(1) and information and material, we to Tradewinds Intl. when it is named as 777(i)(1) of the Tariff Act of 1930, as preliminarily find that Tradewinds the successor–in-interest to Fortune amended, and 19 C.F.R. 351.216 and 19 Furniture has provided sufficient Glory, and that ‘‘{n}o structural, C.F.R. 351.221(c)(3). evidence in support of its claim that it management, employee, supplier, Dated: July 23, 2007. is the successor–in-interest to Nanhai customer, or other changes are David M. Spooner, Jiantai. The name change from Nanhai anticipated as a result of the transfer.’’ Jiantai to Foshan Jiantai, Company A’s See Questionnaire Response, at 4. Assistant Secretary for Import acquisition of the majority of Foshan Upon review of the submitted Administration. Jiantai’s assets, the creation of information and material, we [FR Doc. E7–14668 Filed 7–27–07; 8:45 am] Tradewinds Furniture by Company A, preliminarily find that Tradewinds Intl. Billing Code: 3510–DS–S and Tradewinds Furniture’s current has failed to provide sufficient evidence operational control of the furniture in support of its claim that it is the production resulted in minimal successor–in-interest to Fortune Glory. DEPARTMENT OF COMMERCE changes. In their totality, we Tradewinds Intl. admits that Fortune International Trade Administration preliminarily find that Tradewinds Glory remains the exporter for Furniture’s management, production Tradewinds Furniture and has not Applications for Duty-Free Entry of facilities, supplier relationships and transferred its export functions to Scientific Instruments customer base remain essentially the Tradewinds Intl. The Department same as that of Nanhai Jiantai. Based generally will consider the new Pursuant to Section 6(c) of the upon the above, we preliminarily company to be the successor to the Educational, Scientific and Cultural determine that Tradewinds Furniture is predecessor if the resulting operations Materials Importation Act of 1966 (Pub. the successor–in-interest to Nanhai are essentially the same as those of the L. 89–651, as amended by Pub. L. 106– Jiantai and, therefore, should be given predecessor company. See Stainless 36; 80 Stat. 897; 15 CFR part 301), we the same antidumping duty treatment as Steel Flanges From India, 71 FR 31156. invite comments on the question of Nanhai Jiantai. As Tradewinds Intl. has not yet taken whether instruments of equivalent The cash deposit determination from over the export functions of Fortune scientific value, for the purposes for this changed circumstances review will Glory, its current operations are not which the instruments shown below are apply to all entries of subject essentially the same as those of Fortune intended to be used, are being merchandise entered, or withdrawn Glory. While Tradewinds Intl. claims manufactured in the United States. from warehouse, for consumption on or that no changes are anticipated to the Comments must comply with 15 CFR after the date of publication of the final structure, management, employees, 301.5(a)(3) and (4) of the regulations and results of this changed circumstances suppliers, customers, or otherwise, such be filed within 20 days with Statutory review. See Notice of Final Results of a claim is speculative at this time, and Import Programs Staff, U.S. Department Antidumping Duty Changed therefore premature. Based upon the of Commerce, Room 2104, 14th and Circumstances Review; Certain Forged above, we preliminarily determine that Constitution Ave., NW., Washington, Stainless Steel Flanges From India, 71 Tradewinds Intl. is not the successor– DC 20230. Applications may be FR 31156 (June 1, 2006). This cash in-interest to Fortune Glory at this time examined between 8:30 a.m. and 5:00 deposit rate shall remain in effect until and, therefore, should not be given the p.m. in Room 2104, U.S. Department of further notice. same antidumping duty treatment as Commerce. Fortune Glory. Docket Number: 07–041. Applicant: Tradewinds International Enterprise University of Georgia, Driftmier Ltd. Public Comment Engineering Center, Athens, GA. In the Joint Request, Tradewinds Intl. Interested parties are invited to Instrument: Electron Microscope, Model claims that it is the successor–in- submit case briefs on these preliminary Inspect F. Manufacturer: FEI Company, interest to Fortune Glory. Tradewinds results no later than seven days after The Netherlands. Intended Use: The Intl. states that ‘‘Fortune Glory publication of this notice. Rebuttal instrument is intended to be used to continues to operate as the exporter for briefs, limited to arguments raised in the investigate the morphology, size and Tradewinds Furniture’’ and outlined its case briefs, may be filed no later than size distribution of various synthesized current functions and operations. See five days after the case brief deadline. nanomaterials. Results will be used to Joint Request, at 2; Questionnaire Parties are requested to submit with optimize the growth conditions to

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achieve controlled growth of low-dimensional materials including should expect to serve 2-year terms, nanostructures with desired carbon nanotubes and semiconductor pursuant to the Council’s Charter. morphology, size and functionalities. nanowires in order to: (1) Correlate DATES: Applications are due by August Application accepted by Commissioner electrical properties with optical 31, 2006. of Customs: June 29, 2007. techniques to understand the role of ADDRESSES: Application kits may be Docket Number: 07–045. Applicant: excitons in the measured optical obtained from Mary Grady, 6600 Florida Fish and Wildlife Research properties, (2) Determine the limits to Kalanianaole Hwy, Suite 301, Honolulu, Institute, Saint Petersburg, FL. carbon nanotube device performance by HI 96825 or [email protected]. Instrument: Electron Microscope, Model measuring the scattering lengths which Completed applications should be sent JEM–1400. Manufacturer: JEOL Ltd., degrade their performance and (3) to the same address. Applications are Japan. Intended Use: The instrument is Develop a fundamental understanding also available online at: http:// intended to be used to visualize the of low-dimensional materials in hawaiihumpbackwhale.noaa.gov. ultrastructure of various organisms to particular unique aspects of one- FOR FURTHER INFORMATION CONTACT: understand growth and disease dimensional metals. Naomi McIntosh, 6600 Kalanianaole processes. Examples include studies of: The instrument must provide a Hwy, Suite 301, Honolulu, HI 96825 or screening for viruses in sea grass, fish temperature at the sample down to 5 K, [email protected] or testis and ovarian development, cool down time to 5 K as low as 6 hours, 808.397.2651. termination of harmful algal blooms and with 15 hours between refills, Z- the reproductive developmental resolution to 0.01 nm and achievable SUPPLEMENTARY INFORMATION: The processes in the blue crab and in clams. vacuum to 10 to the 11th mbar with HIHWNMS Advisory Council was Application accepted by Commissioner guaranteed atomic resolution in established in March 1996 to assure of Customs: June 11, 2007. constant current and constant height on continued public participation in the Docket Number: 07–046. Applicant: Au(111). Application accepted by management of the Sanctuary. Since its Howard Hughes Medical Institute, Commissioner of Customs: June 29, establishment, the Council has played a Chevy Chase, MD. Instrument: Electron 2007. vital role in the decisions affecting the Microscope, Model Tecnai G2 20 TWIN. Dated: July 25, 2007. Sanctuary surrounding the main Manufacturer: FEI Company, Czech Faye Robinson, Hawaiian Islands. Republic. Intended Use: The instrument Director, Statutory Import Programs Staff, The Council’s twenty-four voting is intended to be used initially for a Import Administration. members represent a variety of local large scale brain imaging effort based on [FR Doc. E7–14669 Filed 7–27–07; 8:45 am] user groups, as well as the general public, plus ten local, state and federal thin sections of tissue from model BILLING CODE 3510–DS–P organisms such as the rat, the fruit fly governmental jurisdictions. and the nematode. The objective is to The Council is supported by three provide complete brain circuitry DEPARTMENT OF COMMERCE committees: a Research Committee information based on high resolution chaired by the Research representative, imaging of these organisms. Application National Oceanic and Atmospheric and Education Committee chaired by accepted by Commissioner of Customs: Administration the Education representative, and a July 16, 2007. Conservation Committee chaired by the Docket Number: 07–048. Applicant: Availability of Seats for the Hawaiian Conservation representative, each The University of Michigan, Department Islands Humpback Whale National respectively dealing with matters of Materials Science and Engineering, Marine Sanctuary Advisory Council concerning research, education and resource protection. Ann Arbor, MI. Instrument: Low Voltage AGENCY: National Marine Sanctuary The Council represents the Electron Microscope. Manufacturer: Program (NMSP), National Ocean coordination link between the Delong Instruments, Czech Republic. Service (NOS), National Oceanic and Sanctuary and the state and federal Intended Use: The instrument is Atmospheric Administration, management agencies, user groups, intended to be used for the design and Department of Commerce (DOC). optimization of materials that can be researchers, educators, policy makers, ACTION: Notice and request for and other various groups that help to used to create a stable, sensitive applications. interface between electrically active focus efforts and attention on the tissue and electronic devices and to SUMMARY: The Hawaiian Islands humpback whale and its habitat around characterize the thickness, morphology, Humpback Whale National Marine the main Hawaiian Islands. crystallinity, and uniformity of coatings Sanctuary (HIHWNMS or Sanctuary) is The Council functions in an advisory developed to accommodate the seeking applicants for both primary and capacity to the Sanctuary Manager and variations in mechanical properties, alternate members of the following seats is instrumental in helping to develop electrical activity, and bioactive on its Sanctuary Advisory Council policies and program goals, and to response across the interface between a (Council): Education, Fishing, Hawaii identify education, outreach, research, mechanical device and tissue. County, Honolulu County, Kauai long-term monitoring, resource Application accepted by Commissioner County, Maui County, Native Hawaiian, protection and revenue enhancement of Customs: July 19, 2007. and Research. Applicants are chosen priorities. The Council works in concert Docket Number: 07–042. Applicant: based upon their particular expertise with the Sanctuary Manager by keeping University of Arizona, Department of and experience in relation to the seat for him or her informed about issues Physics, Tucson, AZ. Instrument: Low which they are applying; community ofconcern throughout the Sanctuary, Temperature Ultra-high Vacuum and professional affiliations; philosphy offering recommendations on specific Scanning Tunneling Microscope. regarding the protection and issues, and aiding the Manager in Manufacturer: Omicron management of marine resources; and achieving the goals of the Sanctuary NanoTechnology GmbH, Germany. possibly the length of residence in the program within the context of Hawaii’s Intended Use: The instrument is are affected by the Sanctuary. marine programs and policies. intended to be used to study several Applicants who are chosen as members Authority: 16 U.S.C. 1431, et seq.

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(Federal Domestic Assistance Catalog authority of the Marine Mammal provide necessary input to ensure that Number 11.429 Marine Sanctuary Program) Protection Act of 1972, as amended (16 National Oceanic and Atmospheric Dated: July 19, 2007. U.S.C. 1361 et seq.), the regulations Administration (NOAA) science Daniel J. Basta, governing the taking and importing of programs are of the highest quality and Director, National Marine Sanctuary Program, marine mammals (50 CFR part 216), the provide optimal support to resource National Ocean Services, National Oceanic Endangered Species Act of 1973, as management. and Atmospheric Administration. amended (ESA; 16 U.S.C. 1531 et seq.), Time and Date: The meeting will be [FR Doc. 07–3680 Filed 7–27–07; 8:45 am] and the regulations governing the held Wednesday August 22, 2007, from 8:30 a.m. to 3:30 p.m. and Thursday BILLING CODE 3510–NK–M taking, importing, and exporting of endangered and threatened species (50 August 23, 2007, from 10 a.m. to 3:45 CFR 222–226). p.m. These times and the agenda topics DEPARTMENT OF COMMERCE This amendment extends the action described below are subject to change. area to include all U.S. waters of the Please refer to the web page http:// National Oceanic and Atmospheric North Atlantic Ocean (with the www.sab.noaa.gov/Meetings/ Administration exception of the Gulf of Mexico, the meetings.html for the most up-to-date meeting agenda. RIN 0648–XB55 U.S. Virgin Islands, and Puerto Rico). In compliance with the National Place: The meeting will be held both Marine Mammals; File No. 633–1778 Environmental Policy Act of 1969 (42 days at the Mystic Hilton Hotel, 20 U.S.C. 4321 et seq.), a supplemental Coogan Boulevard, Mystic, Connecticut AGENCY: National Marine Fisheries environmental assessment was prepared 06355, pending approval of a purchase Service (NMFS), National Oceanic and analyzing the effects of the permitted order. Please check the SAB Web site Atmospheric Administration (NOAA), activities. After a Finding of No http://www.sab.noaa.gov for Commerce. Significant Impact, the determination confirmation of the venue. ACTION: Notice; issuance of permit was made that it was not necessary to Status: The meeting will be open to amendment. prepare an environmental impact public participation with a 30-minute statement. public comment period on August 22 SUMMARY: Notice is hereby given that Issuance of this permit amendment, as (check Web site to confirm time). The the Center for Coastal Studies, Principal required by the ESA, was based on a SAB expects that public statements Investigator: Richard Delaney, has been finding that such permit: (1) was presented at its meetings will not be issued an amendment to scientific applied for in good faith; (2) will not repetitive of previously submitted research Permit No. 633–1778. operate to the disadvantage of such verbal or written statements. In general, ADDRESSES: The amendment and related endangered species; and (3) is each individual or group making a documents are available for review consistent with the purposes and verbal presentation will be limited to a upon written request or by appointment policies set forth in section 2 of the total time of five (5) minutes. Written in the following offices: ESA. comments (at least 35 copies) should be Permits, Conservation and Education received in the SAB Executive Director’s Dated: July 25, 2007. Office by August 15, 2007 to provide Division, Office of Protected Resources, P. Michael Payne, NMFS, 1315 East-West Highway, Room sufficient time for SAB review. Written Chief, Permits, Conservation and Education 13705, Silver Spring, MD 20910; phone comments received by the SAB Division, Office of Protected Resources, Executive Director after August 15, (301)713–2289; fax (301)427–2521; National Marine Fisheries Service. Northeast Region, NMFS, One 2007, will be distributed to the SAB, but [FR Doc. E7–14672 Filed 7–27–07; 8:45 am] may not be reviewed prior to the Blackburn Drive, Gloucester, MA BILLING CODE 3510–22–S meeting date. Seats will be available on 01930–2298; phone (978)281–9300; fax a first-come, first-served basis. (978)281–9394; and Matters To Be Considered: The Southeast Region, NMFS, 263 13th DEPARTMENT OF COMMERCE meeting will include the following Avenue South, Saint Petersburg, Florida topics: (1) the Merger of the Ocean 33701; phone (727)824–5312; fax National Oceanic and Atmospheric Exploration and National Undersea (727)824–5309. Administration (NOAA) Research Programs; (2) the Results from FOR FURTHER INFORMATION CONTACT: the Ocean Exploration Advisory Science Advisory Board; Notice of Brandy Hutnak or Carrie Hubard, Working Group Workshop on Planning Open Meeting (301)713–2289. the Maiden Voyage of the Okeanos SUPPLEMENTARY INFORMATION: On March AGENCY: Office of Oceanic and Explorer; (3) Nekton Studies around 21, 2005, notice was published in the Atmospheric Research (OAR), National Bear Seamount; (4) Extended Federal Register (70 FR 13481) that a Oceanic and Atmospheric Continental Shelf Exploration; (5) scientific research permit (No. 633– Administration (NOAA), Department of Update on the NOAA Response to the 1778), issued June 26, 2006 (71 FR Commerce (DOC). External Review of NOAA’s Ecosystem 40995), had been requested by the ACTION: Notice of open meeting. Research and Science Enterprise; (6) above-named individual. A portion of Report on the NOAA Response to the the action area, as originally requested, SUMMARY: The Science Advisory Board National Research Council Decadal was left out of the permit as an (SAB) was established by a Decision Survey; (7) Update on the NOAA oversight, although it was previously Memorandum dated September 25, Response to the Hurricane Intensity analyzed. On March 11, 2007, the 1997, and is the only Federal Advisory Research Working Group Reports; (8) applicant requested that the permit be Committee with responsibility to advise the Results of the SAB Climate Working amended to include the entire action the Under Secretary of Commerce for Group’s Climate Observations and area, as requested in the original Oceans and Atmosphere on strategies Analysis Program Review; (9) Report on application. This amendment was for research, education, and application the Recommendations from the Data issued on July 19, 2007. The requested of science to operations and information Archive and Access Requirements amendment has been granted under the services. SAB activities and advice Working Group; and (10) Updates from

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SAB Working Groups on Partnerships, Commodity Exchange Act, 7 U.S.C. Dated: July 24, 2007. Fire Weather Research, and Social 12a(5) (2000). Regulation 41.3 requires Eileen Donovan, Science. securities brokers and dealers Acting Secretary of the Commission. FOR FURTHER INFORMATION CONTACT: Dr. submitting requests for exemptive [FR Doc. 07–3696 Filed 7–27–07; 8:45 am] Cynthia Decker, Executive Director, orders to provide specified written BILLING CODE 6351–01–M Science Advisory Board, NOAA, Rm. information in support of such requests. 11230, 1315 East-West Highway, Silver Regulation 41.3 was promulgated in Spring, Maryland 20910. (Phone: 301– response to the requirement in the COMMODITY FUTURES TRADING 734–1156, Fax: 301–713–1459, E-mail: Commodity Futures Modernization Act COMMISSION [email protected]); or visit the of 2000 that the Commission establish procedures for requesting such orders. Agency Information Collection NOAA SAB Web site at http:// Activities Under OMB Review: Notice www.sab.noaa.gov. An agency may not conduct or sponsor, and a person is not required to of Intent To Renew Collection 3038– Dated: July 23, 2007. respond to, a collection of information 0054, Establishing Procedures for Mark E. Brown unless it displays a currently valid OMB Entities Operating as Exempt Markets Chief Financial Officer and Chief control number. The OMB control AGENCY: Commodity Futures Trading Administrative Officer, Office of Oceanic and numbers for the CFTC’s regulations Commission. Atmospheric Research, National Oceanic and were published on December 30, 1981. Atmospheric Administration. ACTION: Notice. See 46 FR 63035 (Dec. 30, 1981). The [FR Doc. E7–14581 Filed 7–27–07; 8:45 am] Federal Register notice with a 60-day SUMMARY: In compliance with the BILLING CODE 3510–KD–P comment period soliciting comments on Paperwork Reduction Act (44 U.S.C. this collection of information was 3501 et seq.), this notice announces that published on May 23, 2007 (72 FR the Information Collection Request (ICR) COMMODITY FUTURES TRADING 28959). abstracted below has been forwarded to COMMISSION Burden statement: The respondent the Office of Management and Budget burden for this collection is estimated to (OMB) for review and comment. The Agency Information Collection average 6 hours per response. These ICR describes the nature of the Activities Under OMB Review estimates include the time needed to information collection and the expected AGENCY: Commodity Futures Trading review instructions; develop, acquire, costs and burden; it includes the actual Commission. install, and utilize technology and data collection instruments [if any]. ACTION: Notice. systems for the purposes of collecting, DATES: Comments must be submitted on validating, and verifying information, or before August 29, 2007. SUMMARY: In compliance with the processing and maintaining information FOR FURTHER INFORMATION CONTACT: Riva Paperwork Reduction Act (44 U.S.C. and disclosing and providing Spear Adriance, Division of Market 3501 et seq., this notice announces that information; adjust the existing ways to Oversight, U.S. Commodity Futures the Information Collection Request (ICR) comply with any previously applicable Trading Commission, 1155 21st Street, abstracted below has been forwarded to instructions and requirements; train NW., Washington, DC 20581, (202) 418– the Office of Management and Budget personnel to be able to respond to a 5494; FAX: (202) 418–5527; e-mail: (OMB) for review and comment. The collection of information; and transmit [email protected] and refer to OMB ICR describes the nature of the or otherwise disclose the information. Control No. 3038–0054. information collection and its expected Respondents/Affected Entities: SUPPLEMENTARY INFORMATION: costs and burden. Futures Commission Merchants, Title: Establishing Procedures for DATES: Comments must be submitted on Introducing Brokers, Commodity Pool Entities Operating as Exempt Markets, or before August 29, 2007. Operators, Commodity Trading OMB Control No. 3038–0054. This is a FOR FURTHER INFORMATION: Christopher Advisors, Associated Persons, Floor request for extension of a currently W. Cummings, Division of Clearing and Brokers, Floor Traders, Securities approved information collection. Intermediary Oversight, CFTC, (202) Brokers and Dealers. Abstract: Sections 2(h)(3) through (5) 418-5445; FAX: (202) 418-5426; e-mail: Estimated number of respondents: of the Commodity Exchange Act (Act) [email protected] and refer to OMB 410. provides that exempt commercial Control No. 3038–0049. Estimated total annual burden on markets are markets excluded from the SUPPLEMENTARY INFORMATION: respondents: 3,197 hours. Act’s other requirements. The rules Title: Procedural Requirements for Frequency of collection: On occasion. implement the qualifying conditions of Requests for Interpretative, No-Action, Send comments regarding the burden the exemption. Rule 36.3(a) implements and Exemptive Letters (OMB Control estimated or any other aspect of the the notification requirements, and rule No. 3038–0049). This is a request for information collection, including 36.3(b)(1) establishes information extension of a currently approved suggestions for reducing the burden, to requirements for exempt commercial information collection. the addresses listed below. Please refer markets consistent with section Abstract: Commission Regulation to OMB Control No. 3038–0049 in any 2(h)(5)(B) of the Act. An exempt 140.99 requires persons submitting correspondence. commercial market may provide the requests for exemptive, no-action, and Christopher W. Cummings, Division Commission with access to transactions interpretative letters to provide specific of Clearing and Intermediary Oversight, conducted on the facility or it can written information, certified as to U.S. Commodity Futures Trading satisfy its reporting requirements by completeness and accuracy, and to Commission, 1155 21st Street, NW., complying with the Commission’s update that information to reflect Washington, DC 20581; and Office of reporting requirements. The Act material changes. Regulation 140.99 was Information and Regulatory Affairs, affirmatively vests the Commission with promulgated pursuant to the Office of Management and Budget, comprehensive anti-manipulation Commission’s rulemaking authority Attention: Desk Officer for CFTC, 725 enforcement authority over these contained in section 8a(5) of the 17th Street, Washington, DC 20503. trading facilities. The Commission is

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charged with monitoring these markets Information and Regulatory Affairs, to any financial activity. In general, for manipulation and enforcing the anti- Office of Management and Budget, Title V requires financial institutions to manipulation provisions of the Act. The Attention: Desk Officer for CFTC, 725 provide notice to consumers about the informational requirements imposed by 17th Street, Washington, DC 20503. institution’s privacy policies and proposed rules are designed to ensure Dated: July 24, 2007. practices, to restrict the ability of a that the Commission can effectively Eileen A. Donovan, financial institution to share nonpublic perform these functions. Section 5d of personal information about consumers Acting Secretary of the Commission. the Act establishes a category of market to nonaffiliated third parties, and to exempt from Commission oversight [FR Doc. 07–3697 Filed 7–27–07; 8:45 am] permit consumers to prevent the referred to as an ‘‘exempt board of BILLING CODE 6351–01–M institution from disclosing nonpublic trade.’’ Rule 36.2 implements personal information about them to regulations that define those certain non-affiliated third parties by COMMODITY FUTURES TRADING commodities that are eligible to trade on ‘‘opting out’’ of that disclosure. These COMMISSION an exempt board of trade. Rule 36.2(b) regulations implement the mandates of implements the notification Agency Information Collection Section 124 and Title V of the GLB Act. requirements of section 5d of the Act. Activities Under OMB Review: Notice An agency may not conduct or Rule 36.2(b)(1) requires exempt boards of Intent To Renew Collection 3038– sponsor, and a person is not required to of trade relying on this exemption to 0055, Privacy of Consumer Financial respond to, a collection of information disclose to traders that the facility and Information unless it displays a currently valid OMB trading on the facility is not regulated control number. The OMB control by the Commission. This requirement is AGENCY: Commodity Futures Trading numbers for the CFTC’s regulations necessary to make manifest the nature of Commission. were published on December 30, 1981. the market and to avoid misleading the ACTION: Notice. See 46 FR 63035 (Dec. 30, 1981). The public. Federal Register notice with a 60-day An agency may not conduct or SUMMARY: In compliance with the comment period soliciting comments on sponsor, and a person is not required to Paperwork Reduction Act (44 U.S.C. this collection of information was respond to, a collection of information 3501 et seq.), this notice announces that published on May 22, 2007 (72 FR unless it displays a currently valid OMB the Information Collection Request (ICR) 28686). control number. The OMB control abstracted below has been forwarded to numbers for the CFTC’s regulations the Office of Management and Budget Burden statement: The respondent were published on December 30, 1981. (OMB) for review and comment. The burden for this collection is estimated to See 46 FR 63035 (Dec. 30, 1981). The ICR describes the nature of the average .27 hours per response. These Federal Register notice with a 60-day information collection and its expected estimates include the time needed to comment period soliciting comments on costs and burden; it includes the actual review instructions; develop, acquire, this collection of information was data collection instruments [if any]. install, and utilize technology and published on May 22, 2007 (72 FR DATES: Comments must be submitted on systems for the purposes of collecting, 28686). or before August 29, 2007. validating, and verifying information, Burden statement: The respondent processing and maintaining information FOR FURTHER INFORMATION OR A COPY burden for this collection is estimated to and disclosing and providing CONTACT: Lawrence B. Patent, Deputy average 20 hours per response. These information; adjust the existing ways to Director, Division of Clearing and estimates include the time needed to comply with any previously applicable Intermediary Oversight, U.S. review instructions; develop, acquire, instructions and requirements; train Commodity Futures Trading install, and utilize technology and personnel to be able to respond to a Commission, 1155 21st Street, NW., systems for the purposes of collecting, collection of information; and transmit Washington, DC 20581, (202) 418–5439; validating, and verifying information, or otherwise disclose the information. FAX: (202) 418–5536; e-mail: processing and maintaining information [email protected] and refer to OMB Respondents/Affected Entities: 4,500. and disclosing and providing Control No. 3038–0055. Estimated number of responses: information; adjust the existing ways to 342,000. comply with any previously applicable SUPPLEMENTARY INFORMATION: instructions and requirements; train Title: Privacy of Consumer Financial Estimated total annual burden on personnel to be able to respond to a Information, OMB Control No. 3038– respondents: 93,420 hours. collection of information; and transmit 0055. This is a request for extension of Frequency of collection: On Occasion. or otherwise disclose the information. a currently approved information collection. Send comments regarding the burden Respondents/Affected Entities: 20. estimated or any other aspect of the Estimated number of responses: 20. Abstract: Section 124 of the Estimated total annual burden on Commodity Futures Modernization Act information collection, including respondents: 200 hours. of 2000 (‘‘CFMA’’) amended the suggestions for reducing the burden, to Frequency of collection: On Occasion. Commodity Exchange Act (the ‘‘Act’’) the addresses listed below. Please refer Send comments regarding the burden and added a new Section 5g to the Act to OMB Control No. 3038–0055 in any estimated or any other aspect of the to make the Commission a Federal correspondence. information collection, including functional regulatory for purposes of Lawrence B. Patent, Deputy Director, suggestions for reducing the burden, to applying the provisions of Title V, Division of Clearing and Intermediary the addresses listed below. Please refer Subtitle A of the Gramm-Leach-Bliley Oversight, U.S. Commodity Futures to OMB Control No. 3038–0054 in any Act (‘‘GLB Act’’) addressing consumer Trading Commission, 1155 21st Street, correspondence. Riva Spear Adriance, privacy to any futures commission NW., Washington, DC 20581, and Office Division of Market Oversight, U.S. merchant, commodity trading advisor, of Information and Regulatory Affairs, Commodity Futures Trading commodity pool operator or introducing Office of Management and Budget, Commission, 1155 21st Street, NW., broker that is subject to the Attention: Desk Officer for CFTC, 725 Washington, DC 20581, and Office of Commission’s jurisdiction with respect 17th Street, Washington, DC 20503.

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Dated: July 24, 2007. registrants and to compare it to CORPORATION FOR NATIONAL AND Eileen Donovan, information provided by entities making COMMUNITY SERVICE Acting Secretary of the Commission. solicitations. [FR Doc. 07–3698 Filed 7–27–07; 8:45 am] An agency may not conduct or Invitation to the Public To Collaborate in Furtherance of Our Agency’s BILLING CODE 6351–01–M sponsor, and a person is not required to respond to, a collection of information Strategic Plan unles it displays a currently valid OMB AGENCY: Corporation for National and COMMODITY FUTURES TRADING control number. The OMB control Community Service. COMMISSION numbers for the CFTC’s regulations ACTION: Notice of invitation to the were published on December 30, 1981. public. Agency Information Collection See 46 FR 63035 (Dec. 30, 1981). The Activities Under OMB Review Federal Register notice with a 60-day SUMMARY: The Corporation for National AGENCY: Commodity Futures Trading comment period soliciting comments on and Community Service (hereinafter the Commission. this collection of information was ‘‘Corporation’’) through this notice ACTION: Notice. published on May 23, 2007 (72 FR informs the public of its policy of 28960). inviting potential collaborators to work SUMMARY: In compliance with the Burden statement: The respondent with the Corporation in achieving the Paperwork Reduction Act (44 U.S.C. burden for this collection is estimated to goals set out in its strategic plan. It 3501 et seq.), this notice announces that average .09 hours per response. These includes the Corporation’s mission the Information Collection Request (ICR) estimates include the time needed to statement and a description of the abstracted below has been forwarded to review instructions; develop, acquire, strategic goals and implementation steps the Office of Management and Budget install, and utilize technology and that the agency intends on following. (OMB) for review and comment. The systems for the purposes of collecting, This is not a notice of available grant ICR describes the nature of the validating, and verifying information, funding or an invitation to apply for information collection and its expected processing and maintaining grant funding or other financial or costs and burden. information, and disclosing and material support. DATES: Comments must be submitted on providing information; adjust the DATES: Collaboration proposals may be or before August 29, 2007. existing ways to comply with any submitted at any time until further FOR FURTHER INFORMATION CONTACT: previously applicable instructions and notice. Christopher W. Cummings, Division of requirements; train personnel to be able ADDRESSES: Collaboration proposals, Clearing and Intermediary Oversight, to respond to a collection of identified by the Corporation program CFTC, (202) 418–5445; FAX: (202) 418– information; and transmit or otherwise or strategic goal that is the focus of the 5426; e-mail: [email protected] and disclose the information. refer to OMB Control No. 3038–0049. proposed activity, may be submitted by Respondents/Affected Entities: any of the following methods: SUPPLEMENTARY INFORMATION: Futures Commission Merchants, (1) By mail sent to: Corporation for Title: Registration under the Introducing Brokers, Commodity Pool National and Community Service; Commodity Exchange Act (OMB Control Operators, Commodity Trading Attention: Jonathan Williams, Office of No. 3038–0023). This is a request for Advisors, Associated Persons of each of Corporate Relations, Room 10301; 1201 extension of a currently approved the foregoing, Floor Brokers, and Floor New York Avenue, NW., Washington, information collection. Traders. Abstract: The Commodity Exchange DC 20525. Estimated number of respondents: Act (Act) authorizes the Commission to (2) By hand delivery or courier to the 70,708. deny, revoke or condition registration Corporation’s mailroom at Room 8102C under the Act if an applicant or Estimated total annual burden on at the mail address given in paragraph registrant is subject to various statutory respondents: 6,628 hours. (1) above, between 9 a.m. and 4 p.m., disqualifications from registration, such Frequency of collection: On occasion. Monday through Friday, except Federal holidays. as a prior registration revocation or Send comments regarding the burden conviction of a felony or certain estimated or any other aspect of the FOR FURTHER INFORMATION CONTACT: misdemeanors. The registration information collection, including Jonathan Williams at (202) 606–6644, or application, which must be updated as suggestions for reducing the burden, to by e-mail at: [email protected]. necessary, requires information about an the addresses listed below. Please refer SUPPLEMENTARY INFORMATION: From time applicant’s or registrant’s disciplinary to OMB Control No. 3038–0023 in any to time, the Corporation receives a history so that the person’s fitness for correspondence. proposal from a non-government entity registration may be evaluated. In Christopher W. Cummings, Division interested in collaborating on addition, basic identifying information of Clearing and Intermediary Oversight, implementation of one or more is required so that a database will be U.S. Commodity Futures Trading initiatives relating to the Corporation’s available to current and prospective Commission, 1155 21st Street, NW., strategic goals as set out in the Strategic customers, the public, and the news Washington, DC 20581; and Office of Plan. For example, a proposal may media. Information and Regulatory Affairs, involve the Corporation coordinating its The information on registration Office of Management and Budget, grantees to work with the non- applications is used to develop a Attention: Desk Officer for CFTC, 725 government entity in implementing database known as BASIC (Background 17th Street, Washington, DC 20503. national and community service Affiliation Status Information Center), activities that achieve mutually which is Internet-accessible and Dated: July 24, 2007. desirable results. Because such consulted frequently by customers, Eileen Donovan, proposals are considered valuable in prospective customers, the general Acting Secretary of the Commission. achieving our strategic goals, by this public, and the news media to review [FR Doc. 07–3699 Filed 7–27–07; 8:45 am] notice we encourage and invite data provided by applicants and BILLING CODE 6351–01–M potential collaborators to study our

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Strategic Plan and to submit relevant DEPARTMENT OF DEFENSE focused on increased payment rates for collaboration proposals. individual providers to determine the Office of the Secretary On February 8, 2006, the Corporation impact on access to care. This expansion of the demonstration released its Strategic Plan for 2006– Expansion of a TRICARE applies to Critical Access Hospitals 2010. The plan, which benefited from Demonstration Project for the State of (CAH) within the State of Alaska. extensive public input, is a blueprint for Alaska Hospitals are authorized TRICARE increasing the effectiveness of the AGENCY: Department of Defense. institutional providers under 10 U.S.C. Corporation’s programs and operations, 1079(j)(2) and (4). Under 10 U.S.C. and for defining the unique role that ACTION: Notice of expansion of a TRICARE demonstration project for the 1079(j)(2), the amount to be paid to national service can play in building a hospitals, skilled nursing facilities State of Alaska. culture of citizenship, service, and (SNFs), and other institutional providers responsibility in America. A link to the SUMMARY: This notice is to advise under TRICARE, shall, by regulation, full text of the Strategic Plan and related interested parties of an expansion of a ‘‘shall be determined to the extent documents may be found under the Military Health System (MHS) practicable in accordance with the same ‘‘About Us’’ column at the following demonstration project entitled TRICARE reimbursement rules as apply to Web site: http:// Provider Reimbursement Demonstration payments to providers of services of the www.nationalservice.gov/. Project for the State of Alaska. The same type under Medicare.’’ Under 32 CFR 199.14(a)(1)(ii)(D)(1) through (9) it Chief elements of the plan include: original demonstration notice was specifically lists those hospitals that are • published on November 20, 2006 (71 FR Revised Mission Statement. The 67112–67113) and described a exempt from the DRG-based payment Corporation’s revised mission statement demonstration project to increase system. Critical access hospitals are not reads, ‘‘Improve lives, strengthen reimbursement for individual providers listed as excluded, thereby making them communities, and foster civic in the State of Alaska. The subject to the DRG-based payment engagement through service and demonstration project will now also system. Critical access hospitals are not volunteering.’’ include increased reimbursement for listed as exempt, because at the time • Statement of Guiding Principles. health care services by hospitals that this regulatory provision was written, CAHs were not a recognized entity. The plan articulates 10 principles, have been designated as Critical Access Hospitals (CAH) in the State of Alaska. Legislation enacted as part of the including putting the needs of local Balanced Budget Act (BBA) of 1997 communities first and strengthening the TRICARE, under the demonstration project, will reimburse CAHs in a authorized states to establish State public-private partnerships that Medicare Rural Hospital Flexibility underpin all of our programs. similar manner as they are reimbursed under Medicare. The expansion of the Programs, under which certain facilities • Identification of Five Focus Areas. demonstration project will test the effect participating in Medicare could become The plan identities four focus areas of this change on CAH provider Critical Access Hospitals (CAHs). CAHs where the Corporation intends to make participation in TRICARE, beneficiary represent a separate provider type with a significant difference in the next five access to care, cost of health care their own Medicare conditions of years: (1) Mobilizing More Volunteers; services, military medical readiness, participation as well as a separate (2) Ensuring a Brighter Future for All of morale and welfare. In particular, the payment method. Since that time, a America’s Youth; (3) Engaging Students demonstration will test whether the number of hospitals have taken the necessary steps to be designated as in Communities; (4) Harnessing Baby increased costs of provider payments CAHs. Since the statutory authority Boomers’ Experience; and (5) Directing are offset in whole or part by savings in requires TRICARE to apply the same resources to address disaster relief and travel costs, lost duty time, and other reimbursement rules as apply to factors. This demonstration will be preparedness. Each focus area requires payments to providers of services of the conducted under statutory authority that the Corporation’s programs and same type under Medicare to the extent provided in 10 U.S.C. 1092. initiatives work together to achieve practicable, TRICARE has the authority common objectives and measurable DATES: Effective Date: The expansion of through the publication of a proposed targets. the demonstration will be effective July and final rule to exempt critical access • Blueprint for Managerial 1, 2007, and will continue for a period hospitals from the DRG-based payment of 3 years from the date of the original Excellence. The plan outlines ways to system and adopt a method similar to demonstration. create and foster shared values that Medicare principles for these hospitals. ADDRESSES: strengthen service delivery and ensure TRICARE Management The purpose of the demonstration is to Activity (TMA), Medical Benefits and workforce accountability. provide this exemption immediately to Reimbursement Systems (MB&RS), CAHs in the State of Alaska. If your organization is interested in 16401 E. Centretech Parkway, Aurora, Currently under TRICARE, CAHs are working with the Corporation in CO 80011. subject to the TRICARE DRG-based achieving its goals, you are encouraged FOR FURTHER INFORMATION CONTACT: For payment system. Under the to submit a collaboration proposal that questions pertaining to the expansion of demonstration project, CAHs will be is tied to the Corporation’s Strategic the demonstration/Critical Access reimbursed under a manner similar to Plan, strategic goals, and related Hospital portion of the demonstration, the Centers for Medicare and Medicaid programs and initiatives. Ann N. Fazzini, 303.676.3803. Services (CMS) payment methodology Dated: July 24, 2007. SUPPLEMENTARY INFORMATION: of 101 percent of reasonable costs for inpatient care and outpatient care. David Eisner, A. Background CAHs in the State of Alaska are Chief Executive Officer. For additional information on the currently receiving reimbursement for [FR Doc. E7–14653 Filed 7–27–07; 8:45 am] TRICARE demonstration project for the billed charges for facility charges for BILLING CODE 6050–$$–P State of Alaska, please see 71 FR 67112– outpatient care. Under the 67113. The demonstration notice demonstration, the 101% of reasonable

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costs will be calculated by multiplying maximizing the potential pool of the Defense Science Board. Individuals the billed charge of each claim by the healthcare providers in Alaska. submitting a written statement must hospital’s cost-to-charge ratio, and then Dated: July 24, 2007. submit their statement to the Designated adding 1% to that amount. L.M. Bynum, Federal Official at the address detailed below, at any point, however, if a B. Current Status of Access Alternate OSD Federal Register Liaison Officer, DoD. written statement is not received at least CAH providers in Alaska have 10 calendar days prior to the meeting, [FR Doc. E7–14681 Filed 7–27–07; 8:45 am] notified the Department that they are which is the subject of this notice, then considering no longer treating military BILLING CODE 5001–06–P it may not be provided to or considered beneficiaries due to low payment rates. by the Defense Science Board. The The alternatives to local purchase of DEPARTMENT OF DEFENSE Designated Federal Official will review services for military officials are to all timely submissions with the Defense transport patients to Seattle or another Office of the Secretary Science Board Chairperson, and ensure location for treatment, or to relocate they are provided to members of the scarce military medical assets to Alaska Defense Science Board Defense Science Board before the to provide services. The first is an meeting that is the subject of this notice. AGENCY: Department of Defense. expensive proposition that brings with FOR FURTHER INFORMATION CONTACT: MAJ it considerable lost duty time and other ACTION: Notice of Advisory Committee Chad Lominac, USAF, Defense Science complications; the second approach is Meetings. Board, 3140 Defense Pentagon, Room untenable in wartime, and as a practical SUMMARY: The Defense Science Board 3C553, Washington, DC 20301–3140, via matter medical practice in Alaska would Task Force on Developmental Test and e-mail at [email protected], or not provide sufficient opportunity for Evaluation will meet in closed session via phone at (703) 571–0081. military medical specialists to maintain on August 22–23, 2007 and September Dated: July 23, 2007. their skills. 19–20, 2007 at Science Applications L.M. Bynum, C. Description of Expansion of International Corporation (SAIC), 4001 OSD Federal Register, Liaison Officer, Demonstration Project N. Fairfax Drive, Arlington, VA. These Department of Defense. meetings will examine Test & [FR Doc. 07–3700 Filed 7–27–07; 8:45 am] Under this demonstration, DoD will Evaluation roles and responsibilities, BILLING CODE 5001–06–M also waive, for services provided in the policy and practices, and recommend State of Alaska, the provisions of 10 changes that may contribute to U.S.C. 1079(j)(2), as implemented by 32 improved success in Initial Operational DEPARTMENT OF DEFENSE CFR 199.14(a) that do not exempt CAH Test and Evaluation along with quicker providers from the Medicare Diagnostic delivery of improved capability and Office of the Secretary Related Group payment methodology sustainability to Warfighters. for inpatient services. Instead, CAHs The mission of the Defense Science Defense Science Board will be reimbursed under the Centers for Board is to advise the Secretary of AGENCY: Department of Defense. Medicare and Medicaid Services (CMS) Defense and the Under Secretary of payment methodology of 101 percent of ACTION: Notice of Advisory Committee Defense for Acquisition, Technology & Meetings. reasonable costs for inpatient care and Logistics on scientific and technical outpatient care. matters as they affect the perceived SUMMARY: The Defense Science Board This action will directly increase needs of the Department of Defense. At Task Force on Defense Industrial overall reimbursement levels for CAH these meetings, the Defense Science Structure for Transformation will meet providers, and is expected to result in Board Task Force will assess: OSD in closed session on August 14, 2007, at increased access to care for military organization roles and responsibilities Science Applications International beneficiaries; reduced travel to Seattle, for T&E oversight; changes required to Corporation (SAIC), 4001 N. Fairfax accompanied by a reduction in lost duty establish statutory authority for OSD Drive, Arlington, VA. This meeting will days; and improved morale for military DT&E oversight, and recommend characterize the degree of changed members and families as a result of improvements in the DT&E process to needed in industry due to the changing increased access and reduced discover sustainability problems earlier, nature of DoD and the industrial Base. separation. and thus improve likelihood of It will also examine the effectiveness of D. Implementation operational sustainability in IOT&E. existing mitigation measures and make The task force’s findings and recommendations to ensure future The expansion of the demonstration recommendations, pursuant to 41 CFR competition and innovation throughout will be effective for inpatient 102–3.140 through 102–3.165, will be all tiers of the defense industrial base. admissions on and after July 1, 2007 and presented and discussed by the The briefing will contain proprietary for outpatient services provided on and membership of the Defense Science material and ensuing discussions will after July 1, 2007. Board prior to being presented to the be at the collateral secret level. The mission of the Defense Science E. Evaluation Government’s decisionmaker. Pursuant to 41 CFR 102–3.120 and Board is to advise the Secretary of An independent evaluation of the 102–3.150, the Designated Federal Defense and the Under Secretary of demonstration will be conducted. The Officer for the Defense Science Board Defense for Acquisition, Technology & evaluation will be designed to use a will determine and announce in the Logistics on scientific and technical combination of administrative and Federal Register when the findings and matters as they affect the perceived survey measures of health care access to recommendations of the May 31, 2007 needs of the Department of Defense. At provide analyses and comment on the meeting are deliberated by the Defense the meeting, the Defense Science Board effectiveness of the demonstration in Science Board. Task Force will: describe the defense meeting its goal of improving Interested persons may submit a industry required to cope with the beneficiary access to healthcare by written statement for consideration by international security environment in

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the 21st century. Additionally, the task Dates: Applications Available: July Estimated Average Size of Awards: force will address the implications for 30, 2007. $2,500,000. the industrial base of increased DoD Deadline for Transmittal of Maximum Award: We will reject any acquisition of services, as well as the Applications: August 29, 2007. application that proposes a budget implications for the financial viability of exceeding $2,500,000 for a single budget Full Text of Announcement the defense industrial base as the sector period of 12 months. The Assistant adapts to changing DoD needs for I. Funding Opportunity Description Secretary for Postsecondary Education defense-related products and services. Purpose of Program: To provide may change the maximum amount The task force’s findings and grants or enter into cooperative through a notice published in the recommendations, pursuant to 41 CFR agreements to improve postsecondary Federal Register. 102–3.140 through 102–3.165, will be education opportunities by focusing on Estimated Number of Awards: 1. presented and discussed by the problem areas or improvement Note: The Department is not bound by any membership of the Defense Science approaches in postsecondary education. estimates in this notice. Board prior to being present to the This program supports reforms, Project Period: Up to 18 months. Government’s decisionmaker. innovations, and significant Pursuant to 41 CFR 102–3.120 and improvements of postsecondary III. Eligibility Information 102–3.150, the Designated Federal education that respond to problems of Officer for the Defense Science Board 1. Eligible Applicants: Institutions of national significance and serve as will determine and announce in the higher education, combinations of such national models. institutions, and other public and Federal Register when the findings and Priority: In accordance with 34 CFR recommendations of the May 31, 2007 nonprofit institutions and agencies 75.105(b)(2)(i), we are particularly (including State agencies). meeting are deliberated by the Defense interested in applications that address Science Board. 2. Cost Sharing or Matching: This the following priority. Interested persons may submit a program does not require cost sharing or Invitational Priority: For FY 2007 this written statement for consideration by matching. priority is an invitational priority. the Defense Science Board. Individuals Under 34 CFR 75.105(c)(1), we do not IV. Application and Submission submitting a written statement must give an application that meets this Information submit their statement to the Designated invitational priority a competitive or Federal Official at the address detailed 1. Address to Request Application absolute preference over other below, at any point, however, if a Package: Frank Frankfort, U.S. applications. This priority encourages written statement is not received at least Department of Education, 1990 K Street, 10 calendar days prior to the meeting, proposals designed to support the NW., Washington, DC 20006–8544. which is the subject of this notice, then formation of at least one consortium of Telephone: (202) 502–5713, FAX: (202) it may not be provided to or considered institutions of higher education, 502–7877, or by e-mail: by the Defense Science Board. The associations, and/or public and private [email protected]. Designated Federal Official will review non-profit organizations (including If you use a telecommunications all timely submissions with the Defense State agencies) to develop methods and device for the deaf (TDD), call the Science Board Chairperson, and ensure implement mechanisms to measure, Federal Relay Service (FRS), toll free, at they are provided to members of the assess and report on postsecondary 1–800–877–8339. Defense Science Board before the student achievement and institutional Individuals with disabilities can meeting that is the subject of this notice. performance outcomes at the obtain a copy of the application package institutions participating in the FOR FURTHER INFORMATION CONTACT: MAJ in an alternative format (e.g., Braille, consortium. Data reports should be Chad Lominac, USAF, Defense Science large print, audiotape, or computer accessible and useful to students, Board, 3140 Defense Pentagon, Room diskette) by contacting the program 3C553, Washington, DC 20301–3140, via parents, educators, policymakers, contact person listed in this section. e-mail at [email protected], or institutions, and the public. It is 2. Content and Form of Application via phone at (703) 571–0081. understood that there may be some Submission: Requirements concerning variation among consortium members— the content of an application, together Dated: July 23, 2007. as a result of differences in institution with the forms you must submit, are in L.M. Bynum, type, mission, academic program or the application package for this OSD Federal Register Liaison Officer, student population—in the data competition. Department of Defense. elements collected, assessed, and Page Limit: The application narrative [FR Doc. 07–3701 Filed 7–27–07; 8:45 am] reported for the purpose of this project. (Part III of the application) is where you, BILLING CODE 5001–06–M Program Authority: 20 U.S.C. 1138– the applicant, address the selection 1138d. criteria that reviewers use to evaluate Applicable Regulations: The your application. You must limit the DEPARTMENT OF EDUCATION Education Department General application narrative (Part III) to the Administrative Regulations (EDGAR) in equivalent of no more than 25 pages, Office of Postsecondary Education; 34 CFR parts 74, 75, 77, 79, 80, 82, 84, using the following standards: Overview Information; Fund for the 85, 86, 97, 98, and 99. • A ‘‘page’’ is 8.5″ x 11″, on one side Improvement of Postsecondary Note: The regulations in 34 CFR part 86 only, with 1″ margins at the top, bottom, Education—Special Focus apply to institutions of higher education and both sides. Competition: Postsecondary Student only. • Double space (no more than three Achievement and Institutional lines per vertical inch) all text in the Performance Pilot Program; Notice II. Award Information application narrative, including titles, Inviting Applications for New Awards headings, footnotes, quotations, for Fiscal Year (FY) 2007 Type of Award: Discretionary grants or cooperative agreements. references, and captions, as well as all Catalog of Federal Domestic Assistance Estimated Available Funds: text in charts, tables, figures, and (CFDA) Number: 84.116C. $2,500,000. graphs.

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• Use a font that is either 12 point or 6. Other Submission Requirements: stamped by the Grants.gov system later larger or no smaller than 10 pitch Applications for grants under this than 4:30 p.m., Washington, DC time, on (characters per inch). competition must be submitted the application deadline date. When we • Use one of the following fonts: electronically unless you qualify for an retrieve your application from Times New Roman, Courier, Courier exception to this requirement in Grants.gov, we will notify you if we are New, or Arial. An application submitted accordance with the instructions in this rejecting your application because it in any other font (including Times section. was date and time stamped by the Roman and Arial Narrow) will not be a. Electronic Submission of Grants.gov system after 4:30 p.m., accepted. Applications. Washington, DC time, on the The page limit does not apply to Part Applications for grants under the application deadline date. I, the cover sheet; Part II, the budget Fund for the Improvement of • The amount of time it can take to section, including the narrative budget Postsecondary Education—Special upload an application will vary justification; Part IV, the assurances and Focus Competition: Postsecondary depending on a variety of factors certifications; or the one-page abstract, Student Achievement and Institutional including the size of the application and the curricula vitae (three-page, Performance Pilot Program, CFDA the speed of your Internet connection. condensed vitae are preferred), the Number 84.116C, must be submitted Therefore, we strongly recommend that bibliography, or the letters of support. electronically using the you do not wait until the application However, you must include all of the Governmentwide Grants.gov Apply site deadline date to begin the submission application narrative in Part III. at http://www.Grants.gov Through this process through Grants.gov. We will reject your application if— site, you will be able to download a • • You should review and follow the You apply these standards and copy of the application package, Education Submission Procedures for exceed the page limit; or complete it offline, and then upload and submitting an application through • submit your application. You may not e- You apply other standards and Grants.gov that are included in the mail an electronic copy of a grant exceed the equivalent of the page limit. application package for this competition 3. Submission Dates and Times: application to us. to ensure that you submit your Applications Available: (July 30, We will reject your application if you application in a timely manner to the 2007). submit it in paper format unless, as Deadline for Transmittal of described elsewhere in this section, you Grants.gov system. You can also find the Applications: August 29, 2007. qualify for one of the exceptions to the Education Submission Procedures Applications for grants under this electronic submission requirement and pertaining to Grants.gov at http://e- program must be submitted submit, no later than two weeks before Grants.ed.gov/help/ electronically using the Grants.gov GrantsgovSubmissionProcedures.pdf. the application deadline date, a written • Apply site (Grants.gov). For information statement to the Department that you To submit your application via (including dates and times) about how qualify for one of these exceptions. Grants.gov, you must complete all steps to submit your application Further information regarding in the Grants.gov registration process electronically, or in paper format by (see http://www.grants.gov/applicants/ calculation of the date that is two weeks _ mail or hand delivery if you qualify for before the application deadline date is get registered.jsp). These steps include an exception to the electronic provided later in this section under (1) registering your organization, a submission requirement, please refer to Exception to Electronic Submission multi-part process that includes section IV. 6. Other Submission Requirement. registration with the Central Contractor Requirements in this notice. You may access the electronic grant Registry (CCR); (2) registering yourself We do not consider an application application for the Fund for the as an Authorized Organization that does not comply with the deadline Improvement of Postsecondary Representative (AOR); and (3) getting requirements. Education—Special Focus Competition: authorized as an AOR by your Individuals with disabilities who Postsecondary Student Achievement organization. Details on these steps are need an accommodation or auxiliary aid and Institutional Performance Pilot outlined in the Grants.gov 3-Step in connection with the application Program at http://www.Grants.gov. You Registration Guide (see http:// process should contact the person listed must search for the downloadable www.grants.gov/section910/Grants. under For Further Information Contact application package for this competition govRegistrationBrochure.pdf). You also in section VII of this notice. If the by the CFDA number. Do not include must provide on your application the Department provides an accommodation the CFDA number’s alpha suffix in your same D-U-N-S Number used with this or auxiliary aid to an individual with a search (e.g., search for 84.326, not registration. Please note that the disability in connection with the 84.326A). registration process may take five or application process, the individual’s Please note the following: more business days to complete, and application remains subject to all other • When you enter the Grants.gov site, you must have completed all requirements and limitations in this you will find information about registration steps to allow you to submit notice. submitting an application electronically successfully an application via 4. Intergovernmental Review: This through the site, as well as the hours of Grants.gov. In addition you will need to program is subject to Executive Order operation. update your CCR registration on an 12372 and the regulations in 34 CFR • Applications received by Grants.gov annual basis. This may take three or part 79. Information about are date and time stamped. Your more business days to complete. Intergovernmental Review of Federal application must be fully uploaded and • You will not receive additional Programs under Executive Order 12372 submitted, and must be date and time point value because you submit your is in the application package for this stamped by the Grants.gov system no application in electronic format, nor program. later than 4:30 p.m., Washington, DC will we penalize you if you qualify for 5. Funding Restrictions: We reference time, on the application deadline date. an exception to the electronic regulations outlining funding Except as otherwise noted in this submission requirement, as described restrictions in the Applicable section, we will not consider your elsewhere in this section, and submit Regulations section of this notice. application if it is date and time your application in paper format.

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• You must submit all documents contact the person listed under FOR If you qualify for an exception to the electronically, including all information FURTHER INFORMATION CONTACT electronic submission requirement, you you typically provide on the following in section VII in this notice and provide may mail (through the U.S. Postal forms: Application for Federal an explanation of the technical problem Service or a commercial carrier) your Assistance (SF 424), the Department of you experienced with Grants.gov, along application to the Department. You Education Supplemental Information for with the Grants.gov Support Desk Case must mail the original and two copies SF 424, Budget Information—Non- Number. We will accept your of your application, on or before the Construction Programs (ED 524), and all application if we can confirm that a application deadline date, to the necessary assurances and certifications. technical problem occurred with the Department at the applicable following Please note that two of these forms—the Grants.gov system and that that problem address: SF 424 and the Department of Education affected your ability to submit your By mail through the U.S. Postal Service: Supplemental Information for SF 424— application by 4:30 p.m., Washington, U.S. Department of Education, have replaced the ED 424 (Application DC time, on the application deadline Application Control Center, for Federal Education Assistance). date. The Department will contact you • Attention: CFDA Number 84.116C, You must attach any narrative after a determination is made on 400 Maryland Avenue, SW., sections of your application as files in whether your application will be Washington, DC 20202–4260. a .DOC (document), .RTF (rich text), or accepted. or .PDF (Portable Document) format. If you Note: The extensions to which we refer in upload a file type other than the three this section apply only to the unavailability By mail through a commercial carrier: file types specified in this paragraph or of, or technical problems with, the Grants.gov U.S. Department of Education, submit a password-protected file, we system. We will not grant you an extension Application Control Center, Stop will not review that material. if you failed to fully register to submit your 4260, Attention: CFDA Number • Your electronic application must application to Grants.gov before the 84.116C, 7100 Old Landover Road, comply with any page-limit application deadline date and time or if the Landover, MD 20785–1506. technical problem you experienced is requirements described in this notice. Regardless of which address you use, • unrelated to the Grants.gov system. After you electronically submit you must show proof of mailing your application, you will receive from Exception to Electronic Submission consisting of one of the following: Grants.gov an automatic notification of Requirement: You qualify for an (1) A legibly dated U.S. Postal Service receipt that contains a Grants.gov exception to the electronic submission postmark. tracking number. (This notification requirement, and may submit your (2) A legible mail receipt with the indicates receipt by Grants.gov only, not application in paper format, if you are date of mailing stamped by the U.S. receipt by the Department.) The unable to submit an application through Postal Service. Department then will retrieve your the Grants.gov system because— • (3) A dated shipping label, invoice, or application from Grants.gov and send a You do not have access to the receipt from a commercial carrier. second notification to you by e-mail. Internet; or (4) Any other proof of mailing • You do not have the capacity to This second notification indicates that acceptable to the Secretary of the U.S. upload large documents to the the Department has received your Department of Education. Grants.gov system; application and has assigned your If you mail your application through application a PR/Award number (an ED- and the U.S. Postal Service, we do not • specified identifying number unique to No later than two weeks before the accept either of the following as proof your application). application deadline date (14 calendar • of mailing: We may request that you provide us days or, if the fourteenth calendar day (1) A private metered postmark. original signatures on forms at a later before the application deadline date (2) A mail receipt that is not dated by date. falls on a Federal holiday, the next the U.S. Postal Service. Application Deadline Date Extension business day following the Federal If your application is postmarked after in Case of Technical Issues with the holiday), you mail or fax a written the application deadline date, we will Grants.gov System: If you are statement to the Department, explaining not consider your application. experiencing problems submitting your which of the two grounds for an application through Grants.gov, please exception prevent you from using the Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before contact the Grants.gov Support Desk at Internet to submit your application. 1–800–518–4726. You must obtain a relying on this method, you should check If you mail your written statement to with your local post office. Grants.gov Support Desk Case Number the Department, it must be postmarked and must keep a record of it. no later than two weeks before the c. Submission of Paper Applications If you are prevented from application deadline date. If you fax by Hand Delivery. electronically submitting your your written statement to the If you qualify for an exception to the application on the application deadline Department, we must receive the faxed electronic submission requirement, you date because of technical problems with statement no later than two weeks (or a courier service) may deliver your the Grants.gov system, we will grant you before the application deadline date. paper application to the Department by an extension until 4:30 p.m., Address and mail or fax your hand. You must deliver the original and Washington, DC time, the following statement to: Frank Frankfort, U.S. two copies of your application by hand, business day to enable you to transmit Department of Education, 1990 K Street, on or before the application deadline your application electronically or by NW., Washington, DC 20006–8544, date, to the Department at the following hand delivery. You also may mail your FAX: (202) 502–7877. address: U.S. Department of Education, application by following the mailing Your paper application must be Application Control Center, Attention: instructions described elsewhere in this submitted in accordance with the mail CFDA Number 84.116C, 550 12th Street, notice. or hand delivery instructions described SW., Room 7041, Potomac Center Plaza, If you submit an application after 4:30 in this notice. Washington, DC 20202–4260. p.m., Washington, DC time, on the b. Submission of Paper Applications The Application Control Center application deadline date, please by Mail. accepts hand deliveries daily between 8

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a.m. and 4:30 p.m., Washington, DC http://www.ed.gov/fund/grant/apply/ Dated: July 25, 2007. time, except Saturdays, Sundays, and appforms/appforms.html. James F. Manning, Federal holidays. 4. Performance Measures: The success Acting Assistant Secretary for Postsecondary Note for Mail or Hand Delivery of Paper of the FIPSE program depends upon (1) Education. Applications: If you mail or hand deliver the extent to which funded projects are [FR Doc. E7–14671 Filed 7–27–07; 8:45 am] your application to the Department— being replicated (i.e., adopted or BILLING CODE 4000–01–P (1) You must indicate on the envelope adapted by others); and (2) the manner and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, in which projects are being including suffix letter, if any, of the institutionalized and continued after ENVIRONMENTAL PROTECTION competition under which you are submitting funding. If funded, you will be asked to AGENCY your application; and collect and report data from your project [FRL 8447–4] (2) The Application Control Center will on steps taken toward achieving these mail to you a notification of receipt of your goals. Consequently, applicants are Gulf of Mexico Program Management grant application. If you do not receive this advised to include these two outcomes Committee Meeting notification within 15 business days from the in conceptualizing the design, application deadline date, you should call implementation, and evaluation of their AGENCY: Environmental Protection the U.S. Department of Education Agency (EPA). Application Control Center at (202) 245– proposed projects. 6288. Institutionalization and replication ACTION: Notice of meeting. are important outcomes that ensure the SUMMARY: V. Application Review Information Under the Federal Advisory ultimate success of consortia funded Committee Act (Pub. L. 92–463), EPA 1. Selection Criteria: The selection through this program. gives notice of a meeting of the Gulf of criteria for this competition are from 34 VII. Agency Contact Mexico Program (GMP) Management CFR 75.210 of EDGAR and are listed in Committee Meeting (MC). the application package. For Further Information Contact: For information on access or services 2. Review and Selection Process: A Frank Frankfort, Fund for the for individuals with disabilities, please three-member panel of non-federal Improvement of Postsecondary contact Gloria Car, U.S. EPA, at (228) reviewers will evaluate each Education, U.S. Department of 688–2421 or [email protected]. To application. Each reviewer assigns Education, 1990 K Street, NW., 6th request accommodation of a disability, points for each selection criterion and Floor, Washington, DC 20006. please contact Gloria Car, preferably at prepares evaluation comments. Telephone: (202) 502–7513. e-mail: least 10 days prior to the meeting, to VI. Award Administration Information [email protected]. give EPA as much time as possible to process your request. 1. Award Notices: If your application If you use a TDD, call the FRS, toll is successful, we notify your U.S. free, at 1–800–877–8339. DATES: The meeting will be held on Wednesday, August 22, 2007, from 1:30 Representative and U.S. Senators and VIII. Other Information send you a Grant Award Notice (GAN). p.m. to 5 p.m. and Thursday, August 23, We may notify you informally, also. Alternative Format: Individuals with 2007, from 8:30 a.m. to 12:30 p.m. If your application is not evaluated or disabilities can obtain this document ADDRESSES: The meeting will be held at not selected for funding, we notify you. and a copy of the application package in the Mississippi Department of Marine 2. Administrative and National Policy an alternative format (e.g., Braille, large Resources, 1141 Bayview Avenue, Requirements: We identify print, audiotape, or computer diskette) Biloxi, Mississippi, 39530, (228) 688– administrative and national policy on request to the program contact 3726. requirements in the application package person listed under For Further FOR FURTHER INFORMATION CONTACT: and reference these and other Information Contact in section VII in Gloria D. Car, Designated Federal requirements in the Applicable this notice. Officer, Gulf of Mexico Program Office, Regulations section in this notice. Electronic Access to This Document: Mail Code EPA/GMPO, Stennis Space We reference the regulations outlining You can view this document, as well as Center, MS 39529–6000 at (228) 688– the terms and conditions of an award in all other documents of this Department 2421. the Applicable Regulations section in published in the Federal Register, in this notice and include these and other SUPPLEMENTARY INFORMATION: The text or Adobe Portable Document specific conditions in the GAN. The proposed agenda includes the following Format (PDF) on the Internet at the GAN also incorporates your approved topics: Gulf of Mexico Program following site: http://www.ed.gov/news/ application as part of your binding Alliance—Status Brief; Report on fedregister. commitments under the grant. Important Emerging Legislative Actions 3. Reporting: At the end of your To use PDF you must have Adobe Relevant to the Alliance and/or Gulf project period, you must submit a final Acrobat Reader, which is available free Program; Coastal America Update: performance report, including financial at this site. If you have questions about Designation of Veracruz Aquarium and information, as directed by the using PDF, call the U.S. Government J.L. Scott Marine Education Center as Secretary. If you receive a multi-year Printing Office (GPO), toll free, at 1– Coastal Ecosystem Learning Centers award, you must submit an annual 888–293–6498; or in the Washington, (CELCs); Binational Harmful Algal performance report that provides the DC, area at (202) 512–1530. Bloom Veracruz Monitoring Pilot; most current performance and financial Note: The official version of this document NASA Remote Sensing—Gulf of Mexico expenditure information as directed by is the document published in the Federal Alliance Applications Initiative; the Secretary under 34 CFR 75.118. The Register. Free Internet access to the official Wastewater to Wetlands; USGS/DOI Secretary may also require more edition of the Federal Register and the Code Alliance Coordination; and Gulf frequent performance reports under 34 of Federal Regulations is available on GPO Regional Sediment Management Master CFR 75.720(c). For specific Access at: http://www.gpoaccess.gov/nara/ Plan. requirements on reporting, please go to index.html. The meeting is open to the public.

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Dated: July 23, 2007. Guatemala with the customary escort indicated for that notice or to the offices Gloria D. Car, and security practices required of all of the Board of Governors. Comments Designated Federal Officer. carriers for that particular area. must be received not later than August [FR Doc. E7–14676 Filed 7–27–07; 8:45 am] Cross-Complainant alleges that it 14, 2007. A. Federal Reserve Bank of Atlanta BILLING CODE 6560–50–P negotiated the disposition of its claim directly with KEI Logix and continued (David Tatum, Vice President) 1000 to do business with the company. Cross- Peachtree Street, N.E., Atlanta, Georgia 30309: FEDERAL MARITIME COMMISSION Complainant contends that in May 2007, KEI Logix not only breached the 1. The John Charles Simpson, Jr., [Docket No. 07–05] agreement reached by the parties for the Trust; the Angela Katherine Simpson disposition of the claim, but also Trust (the Trusts); Simeon A. Thibeaux, K.E.I. Enterprise dba KEI Logix v. refused to deliver three containers in Jr., as trustee of the Trusts, all of Greenwest Activewear, Inc.; Greenwest transit unless Cross-Complainant Alexandria, Louisiana; and John C. Activewear, Inc. v. K.E.I. Enterprise immediately paid the full amount of its Simpson, New Orleans, Louisiana; to dba KEI Logix and Great White Fleet, outstanding invoices. Cross- retain control of the outstanding shares Ltd.; Notice of Filing of Cross- Complainant alleges that KEI Logix did of Red River Bancshares, Inc., and Complaint this to recoup the money that it owed thereby retain control of Red River to Cross-Complainant in their Bank, both of Alexandria, Louisiana. Notice is given that a cross-complaint In addition, the Trusts, Simeon has been filed with the Federal agreement. Accordingly, to mitigate its prospective damages attributable to KEI Thibeaux, Jr., and John Simpson also Maritime Commission (‘‘Commission’’) have applied to collectively acquire by Greenwest Activewear, Inc. (‘‘Cross- Logix’s breach, Cross-Complainant asserts that it had no alternative but to additional voting shares of Red River Complainant’’) against K.E.I. Enterprise Bancshares, Inc., and Red River Bank. dba KEI Logix (‘‘KEI Logix’’) and Great tender three checks totaling $101,019.08 White Fleet, Ltd. (‘‘Great White’’) for the release of its containers, then to Board of Governors of the Federal Reserve (collectively, ‘‘Cross-Respondents’’) in place a stop-payment order on them. System, July 25, 2007. this proceeding noticed at 72 FR 32,666. Cross-Complainant claims that it offered Robert deV. Frierson, Cross-Complainant alleges that Cross- to reissue the checks and to pay $2,500 Deputy Secretary of the Board. Respondents violated the Shipping Act in attorneys fees, but KEI Logix declined [FR Doc. E7–14656 Filed 7–27–07; 8:45 am] of 1984 by failing to establish, observe the offer. BILLING CODE 6210–01–S and enforce just and reasonable Cross-Complainant requests that the practices in connection with its Commission require Cross-Respondents shipments of fabric to Guatemala. 46 to pay reparations of $152,152.90 for the FEDERAL RESERVE SYSTEM U.S.C. 41102(c). Cross-Complainant is stolen cargo plus attorneys fees, and to Formations of, Acquisitions by, and demanding that Cross-Respondents pay mitigate damages relative to freight Mergers of Bank Holding Companies its claim of $152,152.90 for loss of cargo charges. Additionally, Cross- plus attorneys fees. In the alternative, Complainant requests that any hearings The companies listed in this notice Cross-Complainant asks that its request be conducted in either Washington, DC have applied to the Board for approval, for damages be offset ‘‘by the amount of at the Federal Maritime Commission or pursuant to the Bank Holding Company freight charges claimed by KEI Logix in Los Angeles, California. Act of 1956 (12 U.S.C. 1841 et seq.) less the amount of KEI Logix invoice (BHC Act), Regulation Y (12 CFR Part relative to the lost shipment*** and Bryant L. VanBrakle, 225), and all other applicable statutes the difference paid to them.’’ Secretary. and regulations to become a bank Cross-Complainant asserts that it [FR Doc. 07–3692 Filed 7–27–07; 8:45 am] holding company and/or to acquire the booked the transport of fabric in August assets or the ownership of, control of, or BILLING CODE 6730–01–P 2006 with KEI Logix from Port the power to vote shares of a bank or Hueneme, California, to Villanueva, bank holding company and all of the Guatemala. KEI Logix and Great White banks and nonbanking companies FEDERAL RESERVE SYSTEM issued separate bills of lading as owned by the bank holding company, through bills to the aforementioned Change in Bank Control Notices; including the companies listed below. ports in California and Guatemala. Great Acquisition of Shares of Bank or Bank The applications listed below, as well White issued its bill of lading depicting Holding Companies as other related filings required by the KEI Logix as the shipper. Cross- Board, are available for immediate Complainant alleges that the cargo was The notificants listed below have inspection at the Federal Reserve Bank stolen while in transit by an inland applied under the Change in Bank indicated. The application also will be carrier in Guatemala booked by Great Control Act (12 U.S.C. 1817(j)) and available for inspection at the offices of White. In September 2006, Cross- § 225.41 of the Board’s Regulation Y (12 the Board of Governors. Interested Complainant filed its claim of CFR 225.41) to acquire a bank or bank persons may express their views in $152,152.90 for the stolen cargo with holding company. The factors that are writing on the standards enumerated in KEI Logix, who then presented the considered in acting on the notices are the BHC Act (12 U.S.C. 1842(c)). If the claim to Great White for disposition. set forth in paragraph 7 of the Act (12 proposal also involves the acquisition of Cross-Complainant contends that U.S.C. 1817(j)(7)). a nonbanking company, the review also Great White wrongfully denied the The notices are available for includes whether the acquisition of the claim by evoking force majeure immediate inspection at the Federal nonbanking company complies with the pursuant to an inland bill of lading that Reserve Bank indicated. The notices standards in section 4 of the BHC Act Cross-Complainant believes was never also will be available for inspection at (12 U.S.C. 1843). Unless otherwise produced. Moreover, Cross-Complainant the office of the Board of Governors. noted, nonbanking activities will be asserts that Great White failed to prove Interested persons may express their conducted throughout the United States. that the goods were released in views in writing to the Reserve Bank Additional information on all bank

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holding companies may be obtained on the Committee for overlapping four- expenses that are incurred to attend from the National Information Center year terms. meetings and conduct Committee- Web site at www.ffiec.gov/nic/. DATES: All nominations must be related business, in accordance with Unless otherwise noted, comments received no later than 4 p.m. EDT on Standard Government Travel regarding each of these applications August 31, 2007 at the address listed Regulations. Individuals who are must be received at the Reserve Bank below. appointed to serve as public members indicated or the offices of the Board of ADDRESSES: All nominations should be are authorized also to receive a stipend Governors not later than August 24, mailed or delivered to Dr. Jerry for attending Committee meetings and 2007. Holmberg, Executive Secretary, to carry out other Committee-related A. Federal Reserve Bank of Chicago Advisory Committee on Blood Safety business. Individuals who are appointed (Burl Thornton, Assistant Vice and Availability; Office of Public Health to serve as representative members for a President) 230 South LaSalle Street, and Science; Department of Health and particular interest group or industry are Chicago, Illinois 60690-1414: Human Services; 1101 Wootton not authorized to receive a stipend for 1. Greenwoods Financial Group, Inc., Parkway, Suite 250; Rockville, MD the performance of these duties. Rio, Wisconsin; to become a bank 20852. Telephone: (240) 453–8803. This announcement is to solicit holding company by acquiring 100 FOR FURTHER INFORMATION CONTACT: Dr. nominations of qualified candidates to percent of the voting shares of Jerry Holmberg, Executive Secretary, fill positions on the ACBSA that are Greenwood’s Bancorporation, Inc., and Advisory Committee on Blood Safety scheduled to be vacated in the public thereby indirectly acquire The and Availability. See ADDRESSES for member category. The positions are Greenwood’s State Bank, both of Lake contact information. scheduled to be vacated on or before Mills, Wisconsin. December 31, 2007. SUPPLEMENTARY INFORMATION: The In connection with this application, Advisory Committee on Blood Safety A copy of the Committee charter and Applicant also has applied to acquire and Availability shall provide advice to roster of the current membership can be The Greenwood’s Financial Services, the Secretary and to the Assistant obtained by contacting Dr. Holmberg or Inc., Lake Mills, Wisconsin, and thereby Secretary for Health. The Committee by accessing the ACBSA Web site at engage in the sale of insurance in a town shall advise on a range of policy issues http://www.hhs.gov/bloodsafety. less than 5,000, pursuant to section to include: (1) Definition of public 225.28(b)(11)(iii)(A) of Regulation Y. Nominations health parameters around safety and Board of Governors of the Federal Reserve availability of the blood and blood In accordance with the charter, System, July 25, 2007. products, (2) broad public health, persons nominated for appointment as Robert deV. Frierson, ethical and legal issues related to members of the ACBSA should be Deputy Secretary of the Board. transfusion and transplantation safety, among authorities knowledgeable in [FR Doc. E7–14655 Filed 7–27–07; 8:45 am] and (3) the implications for safety and blood banking, transfusion medicine, plasma therapies, transfusion and BILLING CODE 6210–01–S availability of various economic factors affecting product cost and supply. transplantation safety, bioethics, and/or The ACBSA consists of 18 voting related disciplines. Nominations should members. The Committee is composed be typewritten. The following DEPARTMENT OF HEALTH AND of 12 public members, including the information should be included in the HUMAN SERVICES Chair, and six (6) representative package of material submitted for each individual being nominated for Solicitation of Nominations for members. The public members are consideration of appointment: (a) The Membership on the Advisory selected from State and local name, return address, daytime Committee on Blood Safety and organizations, advocacy groups, telephone number and affiliation(s) of Availability provider organizations, academic researchers, ethicists, private the individual being nominated, the AGENCY: Department of Health and physicians, scientists, consumer basis for the individual’s nomination, Human Services, Office of the Secretary, advocates, legal organizations, and from the category for which the individual is Office of Public Health and Science. among communities of persons who are being nominated, and a statement ACTION: Notice. frequent recipients of blood or blood bearing an original signature of the products. The six individuals who are nominated individual that, if appointed, SUMMARY: The Office of Public Health appointed as official representative he or she is willing to serve as a member and Science (OPHS) is seeking members are selected to serve the of the Committee; (b) the name, return nominations of qualified individuals to interests of the blood and blood address, and daytime telephone number be considered for appointment as products industry or professional at which the nominator may be members of the Advisory Committee on organizations associated with contacted. Organizational nominators Blood Safety and Availability (ACBSA). transfusion or transplantation safety. must identify a principal contact person ACBSA is a Federal advisory committee The representative members are selected in addition to the contact; and (c) a copy in the Department of Health and Human from the following groups: The AABB, of a current curriculum vitae or resume Services. Management support for the the Plasma Protein Therapeutic for the nominated individual. activities of this Committee are the Association (PPTA), one of the two Individuals can nominate themselves responsibility of the OPHS. major distributors of blood on a rotating for consideration of appointment to the The qualified individuals will be basis, a trade organization or Committee. All nominations must nominated to the Secretary of the manufacturer of blood, plasma, or other include the required information. Department of Health and Human tissue test kits or equipment, and a Incomplete nominations will not be Services for consideration of purchaser of blood and blood products processed for consideration. The letter appointment as members of the ACBSA. from major hospital organization. from the nominator and certification of Members of the Committee, including All ACBSA members are authorized the nominated individual must bear the Chair, are appointed by the to receive the prescribed per diem original signatures; reproduced copies Secretary. Members are invited to serve allowance and reimbursement for travel of these signatures are not acceptable.

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The Department of Health and Human included in the Special Exposure Cohort 1975, or in combination with work days Services is committed to ensuring that under the Energy Employees within the parameters established for one or women, minority groups, and Occupational Illness Compensation more other classes of employees in the individuals with physical disabilities Program Act of 2000. The initial Special Exposure Cohort. are adequately represented on the proposed definition for the class being This designation will become Committee. Nominations of qualified evaluated, subject to revision as effective on July 22, 2007, unless candidates from these categories are warranted by the evaluation, is as Congress provides otherwise prior to the encouraged. The Department also seeks follows: effective date. After this effective date, to have geographic diversity reflected in Facility: Lawrence Livermore National HHS will publish a notice in the the composition of the Committee. Laboratory. Federal Register reporting the addition The Standards of Ethical Conduct for Location: All areas. of this class to the SEC or the result of Employees of the Executive Branch are Job Titles and/or Job Duties: All any provision by Congress regarding the applicable to individuals who are workers. decision by HHS to add the class to the appointed as public members of Federal Period of Employment: January 1, SEC. advisory committees. Individuals 1950 through December 31, 1973. FOR FURTHER INFORMATION CONTACT: appointed to serve as public members of FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Federal advisory committees are Larry Elliott, Director, Office of Compensation Analysis and Support, classified as special Government Compensation Analysis and Support, National Institute for Occupational employees (SGEs). SGEs are National Institute for Occupational Safety and Health (NIOSH), 4676 Government employees for purposes of Safety and Health (NIOSH), 4676 Columbia Parkway, MS C–46, the conflict of interest laws. Therefore, Columbia Parkway, MS C–46, Cincinnati, OH 45226, Telephone 513– individuals appointed to serve as public Cincinnati, OH 45226, Telephone 513– 533–6800 (this is not a toll-free members of the ACBSA are subject to an 533–6800 (this is not a toll-free number). Information requests can also ethics review. The ethics review is number). Information requests can also be submitted by e-mail to conducted to determine if the be submitted by e-mail to [email protected]. individual has any interests and/or [email protected]. John Howard, activities in the private sector that may John Howard, Director, National Institute for Occupational conflict with performance of their Safety and Health. official duties as a member of the Director, National Institute for Occupational [FR Doc. 07–3688 Filed 7–27–07; 8:45 am] Committee. Individuals appointed to Safety and Health. serve as public members of the [FR Doc. 07–3687 Filed 7–27–07; 8:45 am] BILLING CODE 4160–17–M Committee will be required to disclose BILLING CODE 4163–19–M information regarding financial DEPARTMENT OF HEALTH AND holdings, consultancies, and research HUMAN SERVICES grants and/or contracts. DEPARTMENT OF HEALTH AND HUMAN SERVICES Dated: July 23, 2007. National Institute for Occupational Jerry A. Holmberg, National Institute for Occupational Safety and Health; Designation of a Executive Secretary, Advisory Committee on Safety and Health; Designation of a Class of Employees for Addition to the Blood Safety and Availability. Class of Employees for Addition to the Special Exposure Cohort [FR Doc. E7–14611 Filed 7–27–07; 8:45 am] Special Exposure Cohort AGENCY: National Institute for BILLING CODE 4150–41–P AGENCY: National Institute for Occupational Safety and Health Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). DEPARTMENT OF HEALTH AND (NIOSH), Department of Health and ACTION: Notice. HUMAN SERVICES Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and National Institute for Occupational Human Services (HHS) gives notice of a Safety and Health SUMMARY: The Department of Health and Human Services (HHS) gives notice of a decision to designate a class of employees at the W.R. Grace site, Erwin, Decision To Evaluate a Petition To decision to designate a class of Tennessee, as an addition to the Special Designate a Class of Employees at employees at the Los Alamos National Exposure Cohort (SEC) under the Energy Lawrence Livermore National Laboratory, Los Alamos, New Mexico, Employees Occupational Illness Laboratory, Livermore, CA, To Be as an addition to the Special Exposure Compensation Program Act of 2000. On Included in the Special Exposure Cohort (SEC) under the Energy June 22, 2007, the Secretary of HHS Cohort Employees Occupational Illness Compensation Program Act of 2000. On designated the following class of AGENCY: National Institute for June 22, 2007, the Secretary of HHS employees as an addition to the SEC: Occupational Safety and Health designated the following class of Atomic Weapons Employer (AWE) (NIOSH), Department of Health and employees as an addition to the SEC: employees who were monitored or should Human Services (HHS). have been monitored for potential exposure Employees of the Department of Energy ACTION: Notice. to thorium while working in any of the 100 (DOE), its predecessor agencies, or DOE series buildings or Buildings 220, 230, 233, SUMMARY: The Department of Health and contractors or subcontractors who were 234, 301, or 310 at the W.R. Grace site at Human Services (HHS) gives notice as monitored or should have been monitored for Erwin, Tennessee for a number of work days radiological exposures while working in required by 42 CFR 83.12(e) of a aggregating at least 250 work days from operational Technical Areas with a history of January 1, 1958 through December 31, 1970, decision to evaluate a petition to radioactive material use at the Los Alamos or in combination with work days within the designate a class of employees at National Laboratory (LANL) for a number of parameters established for one or more other Lawrence Livermore National work days aggregating at least 250 work days classes of employees in the Special Exposure Laboratory, Livermore, California, to be from March 15, 1943 through December 31, Cohort.

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This designation will become information is exempt from mandatory Information Services, CMS, Room N2– effective on July 22, 2007, unless disclosure under the above-cited 04–27, 7500 Security Boulevard, Congress provides otherwise prior to the statutes. Baltimore, Maryland 21244–1850. He effective date. After this effective date, SEP Meeting on: Minority Research can also be reached at 410–786–5357 or HHS will publish a notice in the Infrastructure Support Program (M– by e-mail at [email protected]. Federal Register reporting the addition RISP). Dated: July 18, 2007. Date: August 23, 2007 (Open on of this class to the SEC or the result of William Saunders, any provision by Congress regarding the August 23 from 2 p.m to 2:15 p.m. and closed for the remainder of the meeting). Acting Deputy Director, Office of Information decision by HHS to add the class to the Services, Centers for Medicare & Medicaid SEC. Place: John M. Eisenberg Building, Services. AHRQ Conference Center, 540 Gaither FOR FURTHER INFORMATION CONTACT: [FR Doc. E7–14631 Filed 7–27–07; 8:45 am] Road, Rockville, Maryland 20850. Larry Elliott, Director, Office of BILLING CODE 4120–03–P Compensation Analysis and Support, Contact Person: Anyone wishing to National Institute for Occupational obtain a roster of members, agenda or Safety and Health (NIOSH), 4676 minutes of the non-confidential portions DEPARTMENT OF HEALTH AND Columbia Parkway, MS C–46, of this meeting should contact Mrs. HUMAN SERVICES Cincinnati, OH 45226, Telephone 513– Bonnie Campbell, Committee 533–6800 (this is not a toll-free Management Officer, Office of Food and Drug Administration number). Information requests can also Extramural Research, Education and be submitted by e-mail to Priority Populations, AHRQ, 540 Assuring Radiation Protection; [email protected]. Gaither Road, Room 2038, Rockville, Cooperative Agreement; Request for Maryland 20850, Telephone (301) 427- Applications: RFA-FDA-CDRH–07–004; John Howard 1554. Catalog of Federal Domestic Director, National Institute for Occupational Agenda items for this meeting are Assistance Number: 93.103 Safety and Health. subject to change as priorities dictate. [FR Doc. 07–3686 Filed 7–27–07; 8:45 am] AGENCY: Food and Drug Administration, Dated: July 23, 2007. BILLING CODE 4160–17–M HHS. Carolyn M. Clancy, ACTION: Notice. Director. DEPARTMENT OF HEALTH AND [FR Doc. 07–3679 Filed 7–27–07; 8:45 am] I. Funding Opportunity Description HUMAN SERVICES BILLING CODE 4160–90–M The Food and Drug Administration (FDA) is announcing its intention to Agency for Healthcare Research and receive and consider applications for Quality Notice of Meeting DEPARTMENT OF HEALTH AND the award of a cooperative agreement in HUMAN SERVICES In accordance with section 10(d) of fiscal year 2007 (FY07) to provide the Federal Advisory Committee Act (5 Centers for Medicare & Medicaid support in furtherance of FDA’s U.S.C., Appendix 2), announcement is Services responsibilities, under section 532 of made of a Health Care Policy and the Federal Food, Drug, and Cosmetic Research Special Emphasis Panel (SEP) Privacy Act of 1974; Retraction of a Act (21 U.S.C. 360ii), to establish and meeting. New System of Records carry out a comprehensive radiation A Special Emphasis Panel is a group control program. An estimated amount of experts in fields related to health care AGENCY: Department of Health and of support in FY07 will be for up to research who are invited by the Agency Human Services (HHS), Centers for $400,000, with an additional 5 years of for Healthcare Research and Quality Medicare & Medicaid Services (CMS). support, subject to the condition that in (AHRQ), and agree to be available, to ACTION: Notice of retraction of a new addition to FDA funds, augmenting conduct on an as needed basis, system of records. funds are transferred to FDA from other scientific reviews of applications for Federal agencies to fully support this AHRQ support. Individual members of SUMMARY: The Centers for Medicare & program. Funds may not be used to fund the Panel do not attend regularly- Medicaid Services CMS inadvertently or conduct international activities or scheduled meetings and do not serve for published a new system of records titled initiatives. As the lead Federal agency, fixed terms or a long period of time. ‘‘Post Acute Care Payment Reform/ FDA intends to collect funds from all Rather, they are asked to participate in Continuity of Assessment Report and other contributing Federal agencies particular review meetings which Evaluation Demonstration and through Interagency Agreements and require their type of expertise. Evaluation (PAC–CARE)’’ System No. fund one award for up to $400,000 in Substantial segments of the upcoming 09–70–0569 in the Federal Register (FR) total costs (including both direct and SEP meeting listed below will be closed on Thursday, April 19, 2007 (72 FR indirect costs). After the first year, to the public in accordance with the 19711). CMS is withdrawing the notice additional years of noncompetitive Federal Advisory Committee Act, due to comments received that a routine support are predicated upon acceptable section 10(d) of 5 U.S.C., Appendix 2 use disclosure provision necessary to performance during the preceding year and 5 U.S.C. 552b (c)(6). Grant carry out essential parts of the and the availability of Federal funds. applications for the Announcement of demonstration project was inadvertently The cooperative agreement will allow Availability of Funds for Grants omitted. The notice of a new system of FDA to continue to work with the regarding Minority Research records will be republished at a later Nuclear Regulatory Commission and its Infrastructure Support Program (M– date with the routine use included. predecessor organizations, the RISP) applications are to be reviewed FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency and and discussed at this meeting. These Inquiries may be directed to: CMS the Federal Emergency Management discussions are likely to reveal personal Privacy Officer, Division of Privacy Agency, to provide financial support for information concerning individuals Compliance, Enterprise Architecture a forum established to foster the associated with the applications. This and Strategy Group, Office of exchange of ideas and information

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among the States and the Federal IV. Submission Information/ applicants will need prior to beginning Government concerning radiation Requirements the online registration, as well as steps control. This forum has made it possible Applications for this program must be to walk applicants through the for State and Federal agencies to work made electronically. To apply, registration process. together to study existing and potential applicants should visit http:// Additional information concerning radiological health problems of mutual www.grants.gov1 and follow the the application process for this interest and to apply their increasingly instructions under ‘‘Apply for Grants.’’ cooperative agreement can be found on limited resources with maximum The required application, SF424 FDA’s Web site (http://www.fda.gov/ efficiency in seeking ways to address (Research & Related) (also referred to as cdrh) and also through the Grants.gov these problems, fostering coordination, the ‘‘SF424 (R&R)’’), can be completed Web site (http://www.grants.gov). and providing original views. and submitted online. The package Submission Date: The application should be labeled ‘‘Response to FDA receipt date August 14, 2007. No II. Award Information RFA number is FD07–004’’. If you supplemental or addendum material will be accepted after the receipt date. The objective of this cooperative experience technical difficulties with agreement is to coordinate Federal, your online submission, you should V. Agency Contacts contact the Grants.gov Customer State, and Tribal activities to achieve For additional information regarding Response Center. Information about effective solutions to present and future the administrative and financial submitting an application electronically radiation control problems. The management aspects of this notice, can be found at http://www.grants.gov. recipient of this cooperative agreement contact Gladys M. Bohler, Food and In order to apply electronically, the award will be expected to obtain the Drug Administration (HFA–500), 5630 applicant must have a DUNS number States’ cooperation and participation on Fishers Lane, Rm. 2105, Rockville, MD and register in the Central Contractor committees and working groups 20857; 301–827–7168, FAX: 301–827– Registration (CCR) database. In addition, established to deal with individual 7101; e-mail: gladys.melendez- problems. The recipient will also plan applicants will be required to register with the Credential Provider. [email protected]. and facilitate an annual meeting, and For additional information regarding Information about this is available at develop and offer educational activities the programmatic aspects of this notice, http://apply.grants.gov/OrcRegister,1 or to demonstrate mutually beneficial contact Sara Sutphin, Center for Devices by calling ORC’s help desk at 800–816– techniques, procedures, and systems and Radiological Health (HFZ–205), 5548. relevant to the mission of assuring Dun and Bradstreet Number (DUNS): Food and Drug Administration, 1350 radiation protection. The recipient will As of October 1, 2003, applicants are Piccard Dr., Rockville, MD 20850; 240– establish committees to address, required to have a DUNS number to 276–3225, FAX: 240–276–3201; e-mail: evaluate, and offer solutions for a wide apply for a grant or cooperative [email protected]. range of radiation health and protection agreement from the Federal Dated: July 23, 2007. issues. Examples of relevant areas of Government. The DUNS number is a 9- Jeffrey Shuren, interest include, but are not limited to: digit identification number that Assistant Commissioner for Policy. (1) The application of x-rays to the uniquely identifies business entities. healing arts, (2) the application of [FR Doc. E7–14610 Filed 7–27–07; 8:45 am] Obtaining a DUNS number is easy and BILLING CODE 4160–01–S medical/nonmedical ionizing radiation, there is no charge. To obtain a DUNS and (3) the control and mitigation of number, call Dun and Bradstreet at 1– radiation exposure from all sources. 866–705–5711 and identify yourself as a DEPARTMENT OF HEALTH AND Copyright Material: Applicants and Federal grant applicant. HUMAN SERVICES applicants’ subgrantees and Central Contractor Registration: subcontractors must ensure that any Applicants must also register in the National Institutes of Health projects developed in whole or in part Central Contractor Registration (CCR) with Federal funds will be made database. Applicants must have a DUNS Proposed collection; Comment available to other State, territorial, local, number to begin registration in the CCR Request; Physicians’ Experience of and tribal agencies by FDA or its agents. database. The CCR is a database is a Ethical Dilemmas and Resource Any copyrighted or copyrightable works government wide repository of Allocation shall be subject to a royalty-free, commercial and financial information SUMMARY: In accordance with the nonexclusive, and irrevocable license to for all organizations conducting Paperwork Reduction Act of 1995 (Pub. the Federal Government to reproduce, business with the Federal Government. L. 104–13) and Office of Management publish, or otherwise use them, and to Registration with CCR will eventually and Budget (OMB) regulations at 5 CFR authorize others to do so for Federal become a requirement for grant Part 1320 (60 FR 44978, August 29, Government purposes. applicants and is consistent with the 1995), this notice announces the government wide management reform to III. Eligibility Information intention of the Department of create a citizen-centered Web presence Bioethics, National Institutes of Health This cooperative agreement is and build e-gov infrastructures in and (NIHDCB) to request approval for a new available to any domestic private or across agencies to establish a ‘‘single information collection, Physicians’ public nonprofit organization (including face to industry.’’ The preferred method Experience of Ethical Dilemmas and State and local units of government) and for completing registration is on the Resource Allocation. The proposed 1 to any domestic for-profit organization. Internet at http://www.ccr.gov. This information collection was previously For-profit organizations must exclude Web site provides a CCR handbook with published in the Federal Register on fees or profit from their requested detailed information on data that May 17, 2007, on pages 27817–18 and support. Organizations described in allowed 60–days for public comment. 1 (FDA has verified the Web site address, but FDA section 501(c)(4) of the Internal Revenue is not responsible for any subsequent changes to the Two public comments were received. Code of 1968 that engage in lobbying are Web site after this document publishes in the The purpose of this notice is to allow an not eligible to receive awards. Federal Register.) additional 30 days for public comment.

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The National Institutes of Health may mechanical, or other technological as amended. The grant applications not conduct or sponsor, and the collection techniques or other forms of and/or contract proposals, and the respondent is not required to respond information technology. discussions could disclose confidential to, an information collection that has Direct Comments to OMB: Written trade secrets or commercial property been extended, revised, or implemented comments and/or suggestions regarding such as patentable material, and on or after October 1, 1995, unless it the item(s) contained in this notice, personal information concerning displays a currently valid OMB control especially regarding the estimated individuals associated with the grant number. public burden and associated response applications and/or contract proposals, Proposed Collection: Title: time, should be directed to the: Office the disclosure of which would Physicians’ Experience of Ethical of Management and Budget, Office of constitute a clearly unwarranted Dilemmas and Resource Allocation. Regulatory Affairs, New Executive invasion of personal privacy. Type of Information Collection Request: Office Building, Room 10235, Name of Committee: National Advisory New. Need and Use of Information Washington, DC 20503, Attention: Desk Research Resources Council. Collection: Health care costs are rising Officer for NIH. To request more Date: September 11, 2007. ceaselessly and there are currently no information on the proposed project or Open: 8 a.m. to 12:30 p.m. generally accepted way of controlling to obtain a copy of the data collection Agenda: NCRR Director’s Report and other them. This study will access the plans and instruments, contact: Dr. business of the Council. experience of physicians regarding Marion Danis, Department of Bioethics, Place: National Institutes of Health, resource allocation in clinical practice, DCB, CC, NIH, Building 10, Room 1C Building 31, 31 Center Drive, Floor 6C, Room 10, Bethesda, MD 20892. and how allocation decisions made at 118, 9000 Rockville Pike, Bethesda, MD other levels shapes this experience. The Closed: 1:15 p.m. to 4 p.m. 20892–1156, or call non-toll-free Agenda: To review and evaluate grant primary objectives of the study are to number 301–435–8727 or e-mail your applications and/or proposals. determine if physicians make decisions request, including your address to: Place: National Institutes of Health, to withhold interventions on the basis of [email protected]. Building 31, 31 Center Drive, Floor 6C, Room cost, how often they report doing so, Comments Due Date: Comments 10, Bethesda, MD 20892. what types of care are withheld, and regarding this information collection are Contact Person: Louise E. Ramm, PhD, what criteria are used in making such best assured of having their full effect if Deputy Director, National Center for decisions. The findings will provide received within 30-days of the date of Research Resources, National Institutes of valuable information concerning: (1) this publication. Health, Building 31, Room 3B11, Bethesda, The practice of resource allocation in MD 20892, 301–496–6023, clinical practice, (2) the possible effects Dated: July 24, 2007. [email protected]. David K. Henderson, Any member of the public interested in of perceived constraints on this practice; presenting oral comments to the committee and (3) international comparisons on Deputy Director, Warren G. Magnuson Clinical Center, National Institutes of Health. may notify the Contact Person listed on this these two aspects. Frequency of notice at least 10 days in advance of the Response: Once. Affected Public: Rebecca Chen, meeting. Interested individuals and Individuals or households; Businesses Senior Department Administrator, representatives of organizations may submit or other for-profit; Not-for-profit Department of Clinical Bioethics, Warren G. a letter of intent, a brief description of the institutions. Type of Respondents: Magnuson Clinical Center, National Institutes organization represented, and a short Physicians. The annual reporting of Health. description of the oral presentation. Only one burden is as follows: Estimated Number [FR Doc. 07–3681 Filed 7–27–07; 8:45 am] representative of an organization may be of Respondents: 250; Estimated Number BILLING CODE 4140–01–M allowed to present oral comments and if accepted by the committee, presentations of Responses per Respondent: 1; may be limited to five minutes. Both printed Average Burden Hours per Response: and electronic copies are requested for the 0.3674; and Estimated Total Annual DEPARTMENT OF HEALTH AND HUMAN SERVICES record. In addition, any interested person Burden Hours Requested: 91.85. The may file written comments with the annualized cost to respondents is committee by forwarding their statement to National Institutes of Health estimated at: $5,218. There are no the Contact Person listed on this notice. The Capital Costs, Operating Costs and/or National Center for Research statement should include the name, address, telephone number and when applicable, the Maintenance Costs to report. Resources; Notice of Meeting Request for Comments: Written business or professional affiliation of the comments and/or suggestions from the Pursuant to section 10(d) of the interested person. public and affected agencies should Federal Advisory Committee Act, as In the interest of security, NIH has instituted stringent procedures for entrance address one or more of the following amended (5 U.S.C. Appendix 2), notice onto the NIH campus. All visitor vehicles, points: (1) Evaluate whether the is hereby given of a meeting of the including taxicabs, hotel, and airport shuttles proposed collection of information is National Advisory Research Resources will be inspected before being allowed on necessary for the proper performance of Council. campus. visitors will be asked to show one the function of the agency, including The meeting will be open to the form of identification (for example, a whether the information will have public as indicated below, with government-issued photo ID, driver’s license, practical utility; (2) Evaluate the attendance limited to space available. or passport) and to state the purpose of their accuracy of the agency’s estimate of the Individuals who plan to attend and visit. burden of the proposed collection of need special assistance, such as sign Information is also available on the information, including the validity of language interpretation or other Institutes’s/Center’s home page: http:// www.ncrr.nih.gov/newspub/minutes.htm, the methodology and assumptions used; reasonable accommodations, should where an agenda and any additional (3) Enhance the quality, utility, and notify the Contact Person listed below information for the meeting will be posted clarity of the information to be in advance of the meeting. when available. collected; and (4) Minimize the burden The meeting will be closed to the (Catalogue of Federal Domestic Assistance of the collection of information on those public in accordance with the Program Nos. 93.306, Comparative Medicine; who are to respond, including the use provisions set forth in sections 93.333, Clinical Research; 93.371, Biomedical of appropriate automated, electronic, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Technology; 93.389, Research Infrastructure,

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93.306, 93.333, National Institutes of Health, Dated: July 23, 2007. DEPARTMENT OF HEALTH AND HHS) Jennifer Spaeth, HUMAN SERVICES Dated: July 23, 2007. Director, Office of Federal Advisory Jennifer Spaeth, Committee Policy. National Institutes of Health Director, Office of Federal Advisory [FR Doc. 07–3684 Filed 7–27–07; 8:45 am] National Institute on Alcohol Abuse Committee Policy. BILLING CODE 4140–01–M and Alcoholism; Notice of Closed [FR Doc. 07–3682 Filed 7–27–07; 8:45 am] Meeting BILLING CODE 4140–01–M DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the HUMAN SERVICES Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES National Institutes of Health is hereby given of the following meeting. National Institutes of Health National Institute of Allergy and The meeting will be closed to the Infectious Diseases; Notice of Closed public in accordance with the National Human Genome Research Meeting provisions set forth in sections Institute; Notice of Closed Meetings 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the Pursuant to section 10(d) of the as amended. The grant applications and Federal Advisory Committee Act, as Federal Advisory Committee Act, as the discussions could disclose amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial is hereby given of the following is hereby given of the following property such as patentable material, meetings. meeting. and personal information concerning The meetings will be closed to the individuals associated with the grant The meeting will be closed to the public in accordance with the applications, the disclosure of which public in accordance with the provisions set forth in sections would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections invasion of personal privacy. as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Name of Committee: National Institute on the discussions could disclose Alcohol Abuse and Alcoholism Special confidential trade secrets or commercial the discussions could disclose Emphasis Panel, FASD-Related Application property such as patentable material, confidential trade secrets or commercial Review. and personal information concerning property such as patentable material, Date: August 15, 2007. individuals associated with the grant and personal information concerning Time: 10:30 a.m. to 11:30 a.m. individuals associated with the grant Agenda: To Review and Evaluate Grant applications, the disclosure of which Applications. would constitute a clearly unwarranted applications, the disclosure of which Place: National Institutes of Health, 5635 invasion of personal privacy. would constitute a clearly unwarranted Fishers Lane, Bethesda, MD 20892. Name of Committee: Center for Inherited invasion of personal privacy. Contact Person: Katrina L. Foster, PhD, Disease Research Access Committee, CIDR A. Name of Committee: National Institute of Scientific Review Administrator, National Inst on Alcohol Abuse & Alcoholism, Date: September 7, 2007. Allergy and Infectious Diseases Special National Institutes of Health, 5635 Fishers Time: 9 a.m. 12 p.m. Emphasis Panel, ‘‘HIV/AIDS Program Project Agenda: To Review and Evaluate Grant Lane, Rm. 3037, Rockville, MD 20852, 301– Application’’. Applications. 443–3037, [email protected]. Place: National Institutes of Health, Date: August 20, 2007. (Catalogue of Federal Domestic Assistance National Human Genome Research Institute, Time: 11 a.m. to 3 p.m. Program Nos. 93.271, Alcohol Research 5635 Fishers Lane, Suite 4076, Rockville, MD Agenda: To Review and Evaluate Grant Career Development Awards for Scientists 20852 (Telephone Conference Call). Applications. and Clinicians; 93.272, Alcohol National Contact Person: Jerry Roberts, PhD, Place: National Institutes of Health, Research Service Awards for Research Scientific Review Administrator, Scientific Rockledge 6700, 6700B Rockledge Drive, Training; 93.273, Alcohol Research Programs; Review Branch, National Human Genome 3119, Bethesda, MD 20817 (Telephone 93.891, Alcohol Research Center Grants, Research Institute, National Institutes of Conference Call). National Institutes of Health, HHS) Health, 5636 Fishers Lane, Suite 4076, MSC Contact Person: Thomas J. Palker, PhD, Dated: July 23, 2007. 9305, Bethesda, MD 20892–9306, (301)–402– Scientific Review Administrator, Scientific 0838, [email protected]. Jennifer Spaeth, Review Program, DHHS/NIH/NIAID/DEA, Name of Committee: Center for Inherited Director, Office of Federal Advisory Room 3119, 6700B Rockledge Drive, MSC– Disease Research Access Committee, CIDR B. Committee Policy. Date: September 7, 2007. 7616, Bethesda, MD 20892–7616, 301–402– [FR Doc. 07–3685 Filed 7–27–07; 8:45 am] 8399, [email protected]. Time: 12:01 p.m. to 3 p.m. BILLING CODE 4140–01–M Agenda: To Review and Evaluate Grant (Catalogue of Federal Domestic Assistance Applications. Program Nos. 93.855, Allergy, Immunology, Place: The National Institutes of Health, and Transplantation Research; 93.856, DEPARTMENT OF HOMELAND National Human Genome Research Institute, Microbiology and Infectious Diseases SECURITY 5635 Fishers Lane, Suite 4076, Rockville, MD Research, National Institutes of Health, HHS) 20852 (Telephone Conference Call). Contact Person: Rudy Pozzatti, PhD, Dated: July 23, 2007. Federal Emergency Management Agency Scientific Review Administrator, Scientific Jennifer Spaeth, Review Branch, National Human Genome Director, Office of Federal Advisory [FEMA–1711–DR] Research Institute, 5635 Fishers Lane, Suite Committee Policy. 4076, MSC 9306, Bethesda, MD 20852, (301)– Kansas; Amendment No. 3 to Notice of [FR Doc. 07–3683 Filed 7–27–07; 8:45 am] 402–0838, [email protected]. a Major Disaster Declaration (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Program Nos. 93.172, Human Genome AGENCY: Federal Emergency Research, National Institutes of Health, HHS). Management Agency, DHS.

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ACTION: Notice. DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SUMMARY: This notice amends the notice of a major disaster declaration for the Federal Emergency Management Federal Emergency Management State of Kansas (FEMA–1711–DR), dated Agency Agency July 2, 2007, and related determinations. [FEMA–1713–DR] DATES: Effective Date: July 18, 2007. [FEMA–1699–DR] North Dakota; Major Disaster and FOR FURTHER INFORMATION CONTACT: Kansas; Amendment No. 12 to Notice Related Determinations Peggy Miller, Disaster Assistance of a Major Disaster Declaration AGENCY: Federal Emergency Directorate, Federal Emergency Management Agency, DHS. Management Agency, Washington, DC AGENCY: Federal Emergency 20472, (202) 646–2705. Management Agency, DHS. ACTION: Notice. SUPPLEMENTARY INFORMATION: The notice ACTION: Notice. SUMMARY: This is a notice of the of a major disaster declaration for the Presidential declaration of a major State of Kansas is hereby amended to SUMMARY: This notice amends the notice disaster for the State of North Dakota include the following areas among those of a major disaster declaration for the (FEMA–1713–DR), dated July 17, 2007, and related determinations. areas determined to have been adversely State of Kansas (FEMA–1699–DR), dated affected by the catastrophe declared a May 6, 2007, and related DATES: Effective Date: July 17, 2007. major disaster by the President in his determinations. FOR FURTHER INFORMATION CONTACT: declaration of July 2, 2007. Peggy Miller, Disaster Assistance Crawford and Greenwood Counties for DATES: Effective Date: July 18, 2007. Directorate, Federal Emergency Management Agency, Washington, DC Individual Assistance. FOR FURTHER INFORMATION CONTACT: 20472, (202) 646–2705. Anderson, Bourbon, Butler, Chautauqua, Peggy Miller, Disaster Assistance Cherokee, Coffey, Franklin, Osage, and SUPPLEMENTARY INFORMATION: Notice is Directorate, Federal Emergency Woodson Countries for Individual Assistance hereby given that, in a letter dated July (already designated for emergency protective Management Agency, Washington, DC 17, 2007, the President declared a major measures [Category B], limited to direct 20472, (202) 646–2705. disaster under the authority of the Federal assistance under the Public SUPPLEMENTARY INFORMATION: The notice Robert T. Stafford Disaster Relief and Assistance program.) of a major disaster declaration for the Emergency Assistance Act, 42 U.S.C. Crawford, Greenwood, and Harper 5121–5206 (the Stafford Act), as follows: Counties for Public Assistance. State of Kansas is hereby amended to Labette County for Public Assistance include the following areas among those I have determined that the damage in (already designated for Individual areas determined to have been adversely certain areas of the State of North Dakota Assistance.) affected by the catastrophe declared a resulting from severe storms and flooding Allen, Cowley, Elk, Linn, Miami, major disaster by the President in his during the period of June 2–18, 2007, is of Montgomery, Neosho, and Wilson Counties sufficient severity and magnitude to warrant declaration of May 6, 2007. a major disaster declaration under the Robert for Public Assistance (already designated for T. Stafford Disaster Relief and Emergency Individual Assistance and emergency McPherson and Smith Counties for Assistance Act, 42 U.S.C. 5121–5206 (the protective measures [Category B], limited to Individual Assistance. Pottawatomie County for Individual Stafford Act). Therefore, I declare that such direct Federal assistance under the Public a major disaster exists in the State of North Assistance program.) Assistance (already designated for Public Assistance.) Dakota. Anderson, Bourbon, Butler, Chautauqua, In order to provide Federal assistance, you Cowley, Harvey, Marshall, McPherson, Cherokee, Coffey, Franklin, Osage, and are hereby authorized to allocate from funds Woodson Counties for Public Assistance Morris, Pawnee, and Smith Counties for available for these purposes such amounts as (already designated for emergency protective Public Assistance. you find necessary for Federal disaster measures [Category B], limited to direct (The following Catalog of Federal Domestic assistance and administrative expenses. Federal assistance under the Public Assistance Numbers (CFDA) are to be used You are authorized to provide Public Assistance program.) for reporting and drawing funds: 97.030, Assistance in the designated areas, Hazard (The following Catalog of Federal Domestic Community Disaster Loans; 97.031, Cora Mitigation throughout the State, and any Assistance Numbers (CFDA) are to be used Brown Fund Program; 97.032, Crisis other forms of assistance under the Stafford Act that you deem appropriate. Consistent for reporting and drawing funds: 97.030, Counseling; 97.033, Disaster Legal Services with the requirement that Federal assistance Community Disaster Loans; 97.031, Cora Program; 97.034, Disaster Unemployment be supplemental, any Federal funds provided Brown Fund Program; 97.032, Crisis Assistance (DUA); 97.046, Fire Management Counseling; 97.033, Disaster Legal Services under the Stafford Act for Hazard Mitigation Assistance; 97.048, Individuals and Program; 97.034, Disaster Unemployment will be limited to 75 percent of the total Households Housing; 97.049, Individuals and Assistance (DUA); 97.046, Fire Management eligible costs. Federal funds provided under Households Disaster Housing Operations; Assistance; 97.048, Individuals and the Stafford Act for Public Assistance will be Households Housing; 97.049, Individuals and 97.050, Individuals and Households limited to 75 percent of the total eligible Households Disaster Housing Operations; Program—Other Needs; 97.036, Public costs, except for any particular projects that are eligible for a higher Federal cost-sharing 97.050 Individuals and Households Program- Assistance Grants; 97.039, Hazard Mitigation percentage under the FEMA Public Other Needs; 97.036, Public Assistance Grant Program.) Assistance Pilot Program instituted pursuant Grants; 97.039, Hazard Mitigation Grant R. David Paulison, to 6 U.S.C. 777. If Other Needs Assistance Program. Administrator, Federal Emergency under Section 408 of the Stafford Act is later R. David Paulison, Management Agency. requested and warranted, Federal funding under that program will also be limited to 75 Administrator, Federal Emergency [FR Doc. E7–14635 Filed 7–27–07; 8:45 am] percent of the total eligible costs. Further, Management Agency. BILLING CODE 9110–10–P you are authorized to make changes to this [FR Doc. E7–14632 Filed 7–27–07; 8:45 am] declaration to the extent allowable under the BILLING CODE 9110–10–P Stafford Act.

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I do hereby determine the following (The following Catalog of Federal Domestic Program; 97.034, Disaster Unemployment areas of the State of North Dakota to Assistance Numbers (CFDA) are to be used Assistance (DUA); 97.046, Fire Management have been affected adversely by this for reporting and drawing funds: 97.030, Assistance; 97.048, Individuals and declared major disaster: Community Disaster Loans; 97.031, Cora Households Housing; 97.049, Individuals and Brown Fund Program; 97.032, Crisis Households Disaster Housing Operations; Barnes, Bowman, Dickey, Grant, LaMoure, Counseling; 97.033, Disaster Legal Services 97.050, Individuals and Households Logan, McHenry, Ransom, Richland, Sargent, Program; 97.034, Disaster Unemployment Program—Other Needs, 97.036, Public and Stutsman Counties for Public Assistance. Assistance (DUA); 97.046, Fire Management Assistance Grants; 97.039, Hazard Mitigation All counties and Tribes within the State of Assistance; 97.048, Individuals and Grant Program.) North Dakota are eligible to apply for Households Housing; 97.049, Individuals and assistance under the Hazard Mitigation Grant Households Disaster Housing Operations; R. David Paulison, Program. 97.050 Individuals and Households Administrator, Federal Emergency (The following Catalog of Federal Domestic Program—Other Needs, 97.036, Public Management Agency. Assistance (CFDA) Numbers are to be used Assistance Grants; 97.039, Hazard Mitigation [FR Doc. E7–14633 Filed 7–27–07; 8:45 am] for reporting and drawing funds: 97.030, Grant Program.) BILLING CODE 9110–10–P Community Disaster Loans; 97.031, Cora R. David Paulison, Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Administrator, Federal Emergency Management Agency. DEPARTMENT OF HOMELAND Program; 97.034, Disaster Unemployment SECURITY Assistance (DUA); 97.046, Fire Management [FR Doc. E7–14634 Filed 7–27–07; 8:45 am] Assistance; 97.048, Individuals and BILLING CODE 9110–10–P U.S. Citizenship and Immigration Households Housing; 97.049, Individuals and Households Disaster Housing Operations; Services 97.050, Individuals and Households DEPARTMENT OF HOMELAND Agency Information Collection Program—Other Needs; 97.036, Public SECURITY Assistance Grants; 97.039, Hazard Mitigation Activities: Form I–566, Extension of an Grant Program.) Existing Information Collection; Federal Emergency Management Comment Request R. David Paulison, Agency Administrator, Federal Emergency [FEMA–1709–DR] ACTION: 60-Day Notice of Information Management Agency. Collection Under Review: Form I–566, [FR Doc. E7–14647 Filed 7–27–07; 8:45 am] Texas; Amendment No. 5 to Notice of Interagency Record of Individual BILLING CODE 9110–10–P a Major Disaster Declaration Requesting Change/Adjustment to or From A or G Status or Requesting A, G, AGENCY: Federal Emergency or NATO Dependent Employment Management Agency, DHS. DEPARTMENT OF HOMELAND Authorization; OMB Control No. 1615– SECURITY ACTION: Notice. 0027. SUMMARY: This notice amends the notice Federal Emergency Management The Department of Homeland of a major disaster declaration for the Agency Security, U.S. Citizenship and State of Texas (FEMA–1709–DR), dated Immigration Services has submitted the [FEMA–1707–DR] June 29, 2007, and related following information collection request determinations. Oklahoma; Amendment No. 1 to Notice for review and clearance in accordance of a Major Disaster Declaration DATES: Effective Date: July 18, 2007. with the Paperwork Reduction Act of FOR FURTHER INFORMATION CONTACT: 1995. The information collection is AGENCY: Federal Emergency Peggy Miller, Disaster Assistance published to obtain comments from the Management Agency, DHS. Directorate, Federal Emergency public and affected agencies. Comments ACTION: Notice. Management Agency, Washington, DC are encouraged and will be accepted for 20472, (202) 646–2705. sixty days until September 28, 2007. SUMMARY: This notice amends the notice of a major disaster declaration for the SUPPLEMENTARY INFORMATION: The notice Written comments and suggestions State of Oklahoma (FEMA–1707–DR), of a major disaster declaration for the regarding items contained in this notice dated June 7, 2007, and related State of Texas is hereby amended to and especially with regard to the determinations. include the following areas among those estimated public burden and associated areas determined to have been adversely response time should be directed to the DATES: Effective Date: July 23, 2007. affected by the catastrophe declared a Department of Homeland Security FOR FURTHER INFORMATION CONTACT: major disaster by the President in his (DHS), USCIS, Chief, Regulatory Peggy Miller, Disaster Assistance declaration of June 29, 2007. Management Division, Clearance Office, Directorate, Federal Emergency Baylor, Brown, Callahan, Coleman, 111 Massachusetts Avenue, NW., 3rd Management Agency, Washington, DC Comanche, Erath, Hamilton, Jones, Llano, floor, Suite 3008, Washington, DC 20472, (202) 646–2705. Mason, Mills, Montague, San Saba, and Wise 20529. Comments may also be SUPPLEMENTARY INFORMATION: The notice Counties for Public Assistance, including submitted to DHS via facsimile to 202– of a major disaster declaration for the direct Federal assistance. 272–8352, or via e-mail at: State of Oklahoma is hereby amended to Archer and Wichita Counties for Public [email protected]. When submitting include the following areas among those Assistance, including direct Federal comments by e-mail please add the areas determined to have been adversely assistance, (already designated for Individual OMB Control Number 1615–0027 in the Assistance.) affected by the catastrophe declared a subject box. major disaster by the President in his (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Written comments and suggestions declaration of June 7, 2007. for reporting and drawing funds: 97.030, from the public and affected agencies Canadian, Cotton, Grady, Grant, Hughes, Community Disaster Loans; 97.031, Cora concerning the collection of information Logan, McClain, McIntosh, Pawnee, and Brown Fund Program; 97.032, Crisis should address one or more of the Tillman Counties for Public Assistance. Counseling; 97.033, Disaster Legal Services following four points:

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(1) Evaluate whether the proposed Suite 3008, Washington, DC 20529, for the purpose of enhancement of the collection of information is necessary telephone number 202–272–8377. survival of the species. for the proper performance of the Dated: July 25, 2007. Marine Mammals functions of the agency, including Richard Sloan whether the information will have The public is invited to comment on Chief, Regulatory Management Division, U.S. the following applications for a permit practical utility; Citizenship and Immigration Services, (2) Evaluate the accuracy of the Department of Homeland Security. to conduct certain activities with marine agencies estimate of the burden of the mammals. The applications were [FR Doc. E7–14654 Filed 7–27–07; 8:45 am] proposed collection of information, submitted to satisfy requirements of the including the validity of the BILLING CODE 4410–10–P Marine Mammal Protection Act of 1972, methodology and assumptions used; as amended (16 U.S.C. 1361 et seq.), and (3) Enhance the quality, utility, and the regulations governing marine clarity of the information to be DEPARTMENT OF THE INTERIOR mammals (50 CFR Part 18). Written collected; and Fish and Wildlife Service data, comments, or requests for copies (4) Minimize the burden of the of the complete applications or requests collection of information on those who Receipt of Applications for Permit for a public hearing on these are to respond, including through the applications should be submitted to the use of appropriate automated, AGENCY: Fish and Wildlife Service, Director (address above). Anyone electronic, mechanical, or other Interior. requesting a hearing should give technological collection techniques or ACTION: Notice of receipt of applications specific reasons why a hearing would be other forms of information technology, for permit. appropriate. The holding of such a e.g., permitting electronic submission of hearing is at the discretion of the SUMMARY: responses. The public is invited to Director. comment on the following applications Overview of This Information to conduct certain activities with Applicant: Patrick T. Beane, Enumclaw, Collection endangered species and/or marine WA, PRT–158704. (1) Type of Information Collection: mammals. The applicant requests a permit to import a polar bear (Ursus maritimus) Extension of an existing information DATES: Written data, comments or sport hunted from the Northern Beaufort collection. requests must be received by August 29, Sea polar bear population in Canada for (2) Title of the Form/Collection: 2007. personal, noncommercial use. Interagency Record of Individual ADDRESSES: Documents and other Requesting Change/Adjustment to or information submitted with these Dated: July 13, 2007. From A or G Status or Requesting A, G, applications are available for review, Michael S. Moore, or NATO Dependent Employment subject to the requirements of the Senior Permit Biologist, Branch of Permits, Authorization. Privacy Act and Freedom of Information Division of Management Authority. (3) Agency form number, if any, and Act, by any party who submits a written [FR Doc. E7–14675 Filed 7–27–07; 8:45 am] the applicable component of the request for a copy of such documents BILLING CODE 4310–55–P Department of Homeland Security within 30 days of the date of publication sponsoring the collection: Form I–566. of this notice to: U.S. Fish and Wildlife U.S. Citizenship and Immigration Service, Division of Management DEPARTMENT OF THE INTERIOR Services. Authority, 4401 North Fairfax Drive, (4) Affected public who will be asked Room 700, Arlington, Virginia 22203; Fish and Wildlife Service or required to respond, as well as brief fax 703/358–2281. abstract: Primary: Individuals or Endangered Species Recovery Permit households. This information collection FOR FURTHER INFORMATION CONTACT: Applications facilitates processing of applications for Division of Management Authority, AGENCY: Fish and Wildlife Service, benefits filed by dependents of telephone 703/358–2104. Interior. diplomats, international organizations, SUPPLEMENTARY INFORMATION: ACTION: Notice of receipt of permit and NATO personnel by U.S. Endangered Species Citizenship and Immigration Services, applications; request for comment. The public is invited to comment on and the Department of State. SUMMARY: We invite the public to (5) An estimate of the total number of the following applications for a permit comment on the following applications respondents and the amount of time to conduct certain activities with to conduct certain activities with estimated for an average respondent to endangered species. This notice is endangered species. respond: 5,800 responses at 15 minutes provided pursuant to Section 10(c) of (.250) per response. the Endangered Species Act of 1973, as DATES: Comments on these permit (6) An estimate of the total public amended (16 U.S.C. 1531 et seq.). applications must be received on or burden (in hours) associated with the Written data, comments, or requests for before August 29, 2007. collection: annual burden hours. 1,450 copies of these complete applications ADDRESSES: Written data or comments annual burden hours. should be submitted to the Director should be submitted to the U.S. Fish If you have additional comments, (address above). and Wildlife Service, Chief, Endangered suggestions, or need a copy of the Applicant: Ronald R. Shimitz, Species, Ecological Services, 911 NE. information collection instrument, Watertown, SD, PRT–156517. 11th Avenue, Portland, Oregon 97232– please visit the USCIS Web site at: The applicant requests a permit to 4181 (telephone: 503–231–2063; fax: http://www.regulations.gov/fdmspublic/ import the sport-hunted trophy of one 503–231–6243). Please refer to the component/main. We may also be male bontebok (Damaliscus pygargus respective permit number for each contacted at: USCIS, Regulatory pygargus) culled from a captive herd application when submitting comments. Management Division, 111 maintained under the management All comments received, including Massachusetts Avenue, NW., 3rd floor, program of the Republic of South Africa, names and addresses, will become part

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of the official administrative record and cannot guarantee that we will be able to Pacific hawksbill turtle (Eretmochelys may be made available to the public. do so. imbricate) in conjunction with scientific FOR FURTHER INFORMATION CONTACT: Comments and materials received will research on the islands of Maui, Linda Belluomini, Fish and Wildlife be available for public inspection, by Moloka’i, and Hawai’i in the State of Biologist, at the above Portland address appointment, during normal business Hawaii for the purpose of enhancing its (telephone: 503–231–2063; fax: 503– hours at the above address. survival. 231–6243). Dated: May 31, 2007. Public Review of Comments SUPPLEMENTARY INFORMATION: The David J. Wesley, We solicit public review and following applicants have applied for Acting Regional Director, Region 1, U.S. Fish comment on this recovery permit scientific research permits to conduct and Wildlife Service. application. Before including your certain activities with endangered [FR Doc. E7–14639 Filed 7–27–07; 8:45 am] address, phone number, e-mail address, species pursuant to section 10(a)(1)(A) BILLING CODE 4310–55–P or other personal identifying of the Endangered Species Act (16 information in your comment, you U.S.C. 1531 et seq.). The U.S. Fish and should be aware that your entire Wildlife Service (we) solicits review and DEPARTMENT OF THE INTERIOR comment—including your personal comment from local, State, and Federal Fish and Wildlife Service identifying information—may be made agencies, and the public on the publicly available at any time. While following permit requests. Endangered Species Recovery Permit you can ask us in your comment to Permit No. 149046 Applications withhold your personal identifying information from public review, we Applicant: Chris T. Thurman, AGENCY: Fish and Wildlife Service, cannot guarantee that we will be able to Monitcello, Mississippi. Interior. do so. The applicant requests a permit to ACTION: Notice of receipt of permit Comments and materials received will purchase, in interstate commerce, one applications; request for comment. be available for public inspection, by female and one male captive bred appointment, during normal business SUMMARY: Hawaiian (=nene) goose (Branta We invite the public to hours at the above address. comment on the following applications [=Nesochen] sandvicensis) for Dated: June 20, 2007. enhancing its propagation and survival. to conduct certain activities with endangered species. David J. Wesley This notification covers activities Acting Regional Director, Region 1, U.S. Fish DATES: Comments on these permit conducted by the applicant over the and Wildlife Service. next 5 years. applications must be received on or before August 29, 2007. [FR Doc. E7–14640 Filed 7–27–07; 8:45 am] Permit No. 149068 BILLING CODE 4310–55–P ADDRESSES: Written data or comments Applicant: Eric A. VanderWerf, should be submitted to the U.S. Fish Honolulu, Hawaii. and Wildlife Service, Chief, Endangered DEPARTMENT OF THE INTERIOR The applicant requests a permit to Species, Ecological Services, 911 NE., take (locate and monitor nests, capture, 11th Avenue, Portland, Oregon 97232– Fish and Wildlife Service band, transmitter, collect biological 4181 (telephone: 503–231–2063; fax: Endangered and Threatened Species samples, and release) the Oahu elepaio 503–231–6243). Please refer to the Permit Applications (Chasiempis sandwichensis ibidis) on respective permit number for each application when submitting comments. the island of Oahu, Hawaii, take (locate AGENCY: Fish and Wildlife Service, and monitor nests, capture, band, All comments received, including Interior. names and addresses, will become part collect biological samples, and release) ACTION: Notice of receipt of applications. the Newell’ shearwater (Puffinus of the official administrative record and auricularis newelli) on Lehua Islet, may be made available to the public. SUMMARY: The following applicants have Hawaii, and take (capture, band, collect FOR FURTHER INFORMATION CONTACT: applied for scientific research permits to biological samples, and release) the Linda Belluomini, Fish and Wildlife conduct certain activities with Hawaiian duck (Anas wyvilliana) on the Biologist, at the above Portland address endangered species pursuant to section islands of Kauai, Oahu, Maui, and (telephone: 503–231–2063; fax: 503– 10(a)(1)(A) of the Endangered Species Hawaii in the state of Hawaii in 231–6243). Act of 1973, as amended. conjunction with scientific research for SUPPLEMENTARY INFORMATION: The DATES: To ensure consideration, written the purpose of enhancing their survival. following applicants have applied for comments must be received on or before scientific research permits to conduct August 29, 2007. Public Review of Comments certain activities with endangered ADDRESSES: Written comments should We solicit public review and species pursuant to section 10(a)(1)(A) be submitted to the Chief, Endangered comment on each of these recovery of the Endangered Species Act (16 Species Division, Ecological Services, permit applications. U.S.C. 1531 et seq.). The U.S. Fish and P.O. Box 1306, Room 4102, Before including your address, phone Wildlife Service (‘‘we’’) solicits review Albuquerque, New Mexico 87103. number, e-mail address, or other and comment from local, State, and Documents and other information personal identifying information in your Federal agencies, and the public on the submitted with these applications are comment, you should be aware that following permit requests. available for review, subject to the your entire comment—including your Permit No. 829250 requirements of the Privacy Act and personal identifying information—may Freedom of Information Act. Documents be made publicly available at any time. Applicant: Hawaii Wildlife Fund, will be available for public inspection, While you can ask us in your comment Volcano, Hawaii by appointment only, during normal to withhold your personal identifying The permittee requests an amendment business hours at the U.S. Fish and information from public review, we to take (collect tissue samples) the Wildlife Service, 500 Gold Ave., SW.,

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Room 4102, Albuquerque, New Mexico. to determine whether or not the Authority: 16 U.S.C. 1531 et seq. Please refer to the respective permit American burying beetle continues to Dated: June 7, 2007. number for each application when occupy specific locations within their Christopher T. Jones, submitting comments. historic range. Regional Director, Region 2, Albuquerque, FOR FURTHER INFORMATION CONTACT: Permit TE–155413 New Mexico. Chief, Endangered Species Division, [FR Doc. E7–14644 Filed7–27–07; 8:45 am] Applicant: Murray Itzkowitz, P.O. Box 1306, Room 4102, BILLING CODE 4310–55–P Albuquerque, New Mexico 87103, (505) Bethlehem, Pennsylvania. 248–6920. Applicant requests a new permit for SUPPLEMENTARY INFORMATION: research and recovery purposes to DEPARTMENT OF THE INTERIOR conduct presence/absence surveys for Public Availability of Comments the endangered Pecos gambusia Fish and Wildlife Service Before including your address, phone (Gambusia nobilis) and Leon Springs number, e-mail address, or other pupfish (Cyprinodon bovinus) in Texas. Issuance of Permits personal identifying information in your Permit TE–150490 comment, you should be aware that AGENCY: Fish and Wildlife Service, your entire comment—including your Applicant: Tetra Tech, Portland, Interior. personal identifying information—may Oregon. ACTION: Notice of issuance of permits for be made publicly available at any time. Applicant requests a new permit to marine mammals. While you can ask us in your comment conduct presence/absence surveys for to withhold your personal identifying the black capped-vireo (Vireo SUMMARY: The following permits were information from public review, we atricapilla) for research and recovery issued. cannot guarantee that we will be able to purposes in central and west central ADDRESSES: do so. Documents and other Texas. information submitted with these Permit TE–153351 Permit TE–826118 applications are available for review, subject to the requirements of the Applicant: James Kennedy, Denton, Applicant: Corps of Engineers/Tulsa Texas. Privacy Act and Freedom of Information District, Tulsa, Oklahoma. Act, by any party who submits a written Applicant requests a permit for Applicant requests an amendment to request for a copy of such documents to: research and recovery purposes to their permit, for research and recovery U.S. Fish and Wildlife Service, Division survey for American burying beetle purposes, to add authorization to survey of Management Authority, 4401 North (Nicrophorus americanus) at Camp for scaleshell (Leptodea leptodon) Fairfax Drive, Room 700, Arlington, Maxey, a Texas National Guard training within the jurisdiction of the Corps of Virginia 22203; fax 703/358–2281. site on 6,424 acres in Lamar County, Engineers, Tulsa District in Kansas, Texas. Oklahoma, and Texas. FOR FURTHER INFORMATION CONTACT: Permit TE–155371 Division of Management Authority, Applicant: MACTEC, Tulsa, Permit TE–155371 telephone 703/358–2104. Oklahoma. Applicant: Coronado National Forest, SUPPLEMENTARY INFORMATION: Notice is Applicant requests a permit for Tucson, Arizona. hereby given that on the dates below, as research and recovery purposes to Applicant requests an amendment to authorized by the provisions of the survey for, trap and relocate, and bait their permit, for research and recovery Marine Mammal Protection Act of 1972, away the American burying beetle purposes, to add authorization to survey as amended (16 U.S.C. 1361 et seq.), the (Nicrophorus americanus) in Oklahoma, for Gila chub (Gila intermedia) within Fish and Wildlife Service issued the Arkansas, Kansas, and Missouri. The the Coronado National Forest, Arizona requested permits subject to certain purpose of the survey activities will be and New Mexico. conditions set forth therein.

MARINE MAMMALS

Permit issuance Permit No. Applicant Receipt of application FEDERAL REGISTER notice date

148408 ...... Rick J. Zitzloff ...... 72 FR 17929; April 10, 2007 ...... June 14, 2007. 149169 ...... Chase Fulcher ...... 72 FR 16383; April 4, 2007 ...... June 8, 2007. 149178 ...... Jeffrey C. Krahl ...... 72 FR 19718; April 19, 2007 ...... June 28, 2007.

Dated: July 13, 2007. DEPARTMENT OF THE INTERIOR wildlife conservation endeavors that Michael S. Moore, benefit recreational hunting and wildlife Senior Permit Biologist, Branch of Permits, Fish and Wildlife Service resources and that encourage partnerships among the public, the Division of Management Authority. Sporting Conservation Council [FR Doc. E7–14674 Filed 7–27–07; 8:45 am] sporting conservation community, wildlife conservation groups, and State BILLING CODE 4310–55–P AGENCY: Fish and Wildlife Service, Interior. and Federal governments. This meeting is open to the public, and will include ACTION: Notice of Meeting. a session for the public to comment. SUMMARY: This notice announces a DATES: We will hold the meeting on meeting of the Sporting Conservation August 13, from 8 a.m. to 5 p.m. and on Council (Council). We plan to review August 14, from 8 a.m. to 12 p.m. From

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3:30 p.m. to 4:30 p.m. on August 13, we The lands are in the vicinity of Stebbins, ACTION: Notice. will host a public comment session. Alaska, and are located in: Notice is here given in accordance ADDRESSES: On August 12 and 13, the with the Native American Graves meeting will be held in the Galleon Kateel River Meridian, Alaska, Protection and Repatriation Act Room at the Best Western Marina Grand T. 27 S., R. 18 W., (NAGPRA), 25 U.S.C. 3003, of the Hotel, 300 North Shoreline Road, Secs. 19 to 22, inclusive. completion of an inventory of human Corpus Christi, TX 78401. Sec. 27. Containing 2,964.12 acres. remains in the possession of Alutiiq FOR FURTHER INFORMATION CONTACT: T. 26 S., R. 19 W., Museum and Archaeological Repository, Phyllis T. Seitts, 9828 North 31st Secs. 12, 13 and 14; Kodiak, AK. The human remains were Avenue, Phoenix, AZ 85051–2517; Secs. 23 to 26, inclusive. most likely removed from the Kodiak 602–906–5603 (phone); or Containing 4,480.00 acres, _ Archipelago, AK. Twinkle [email protected] (e- T. 25 S., R. 20 W., This notice is published as part of the mail). Sec. 33, those lands formerly within Native National Park Service’s administrative allotment F–16225. SUPPLEMENTARY INFORMATION: The responsibilities under NAGPRA, 25 Secretary of the Interior established the Containing approximately 40 acres. U.S.C. 3003 (d)(3). The determinations Council in February 2006 (71 FR 11220, Aggregating approximately 7,484 acres. in this notice are the sole responsibility March 6, 2006). The Council’s mission The subsurface estate in these lands of the museum, institution, or Federal is to provide advice and guidance to the will be conveyed to Bering Straits agency that has control of the Native Federal Government through the Native Corporation when the surface American human remains. The National Department of the Interior on how to estate is conveyed to Stebbins Native Park Service is not responsible for the increase public awareness of: (1) The Corporation. Notice of the decision will determinations in this notice. importance of wildlife resources, (2) the also be published four times in the A detailed assessment of the human social and economic benefits of Nome Nugget. remains was made by Alutiiq Museum recreational hunting, and (3) wildlife DATES: The time limits for filing an and Archaeological Repository conservation efforts that benefit appeal are: professional staff in consultation with recreational hunting and wildlife 1. Any party claiming a property representatives of Native Village of resources. interest which is adversely affected by Akhiok, Akhiok-Kaguyak, Inc., and The Secretary of the Interior and the the decision shall have until August 29, Koniag, Inc. Secretary of Agriculture signed an 2007 to file an appeal. In the late 1960s, a cranium was amended charter for the Council in June 2. Parties receiving service of the purchased by Mr. Hass in a Kodiak bar. 2006 and July 2006, respectively. The decision by certified mail shall have 30 It is believed that the cranium was revised charter states that the Council days from the date of receipt to file an removed from Tugidak Island, at the will provide advice and guidance to the appeal. southern end of the Kodiak Island Federal Government through the Parties who do not file an appeal in archipelago, AK, by an unknown Department of the Interior and the accordance with the requirements of 43 individual. In May of 1996, Mrs. Hass, Department of Agriculture. CFR part 4, Subpart E, shall be deemed the former wife of Mr. Hass, The Council will hold a meeting on to have waived their rights. relinquished the human remains to the the dates shown in the DATES section at ADDRESSES: A copy of the decision may Alutiiq Museum and Archaeological the address shown in the ADDRESSES be obtained from: Bureau of Land Repository to determine cultural section. The meeting will include a Management, Alaska State Office, 222 affiliation and for repatriation (number session for the public to comment. West Seventh Avenue, #13, Anchorage, AM238). No known individual was Dated: July 17, 2007. Alaska 99513–7504. identified. No associated funerary FOR FURTHER INFORMATION CONTACT: The objects are present. Phyllis T. Seitts, In 1996, Dr. William Bergen, a Designated Federal Officer, Sporting Bureau of Land Management by phone at 907–271–5960, or by e-mail at: physical anthropologist, examined the Conservation Council. cranium and determined it is [FR Doc. 07–3693 Filed 7–27–07; 8:45 am] [email protected]. Persons who use a telecommunication device archeological and represents the human BILLING CODE 4310–55–M (TTD) may call the Federal Information remains of an older, adult, female of Relay Service (FIRS) at 1–800–877– Eskimo ancestry. This information, and the cranium’s most likely Tugidak DEPARTMENT OF THE INTERIOR 8330, 24 hours a day, seven days a week, to contact the Bureau of Land Island origins, suggests that it is the Bureau of Land Management Management. human remains of an ancestral Alutiiq person. Specifically, Tugidak Island [F–14939–C and F–14939–D; AK–932–1410– Renee Fencl, falls within the area traditionally used KC–P] Land Law Examiner, Branch of Lands and by the Native Village of Akhiok. Realty. Officials of the Alutiiq Museum and Alaska Native Claims Selection [FR Doc. E7–14646 Filed 7–27–07; 8:45 am] Archaeological Repository have AGENCY: Bureau of Land Management, BILLING CODE 4310–$$–P determined that, pursuant to 25 U.S.C. Interior. 3001 (9–10), the human remains ACTION: Notice of decision approving described above represent the physical DEPARTMENT OF THE INTERIOR lands for conveyance. remains of one individual of Native American ancestry. Officials of the SUMMARY: As required by 43 CFR National Park Service Alutiiq Museum and Archaeological 2650.7(d), notice is hereby given that an Notice of Inventory Completion: Alutiiq Repository also have determined that, appealable decision approving lands for Museum and Archaeological pursuant to 25 U.S.C. 3001 (2), there is conveyance pursuant to the Alaska Repository, Kodiak, AK a relationship of shared group identity Native Claims Settlement Act will be that can be reasonably traced between issued to Stebbins Native Corporation. AGENCY: National Park Service, Interior. the Native American human remains

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and the Native Village of Akhiok, of Larsen Bay; Lesnoi Village (aka Officials of the Alutiiq Museum and Akhiok-Kaguyak, Inc., and Koniag, Inc. Woody Island); Old Harbor Native Archaeological Repository have Representatives of any other Indian Corporation; Village of Old Harbor; determined that, pursuant to 25 U.S.C. tribe that believes itself to be culturally Ouzinkie Native Corporation; Native 3001 (9–10), the human remains affiliated with the human remains Village of Ouzinkie; Native Village of described above represent the physical should contact Dr. Sven Haakanson, Jr., Port Lions; and Sun’aq Tribe of Kodiak remains of a minimum of three Executive Director, Alutiiq Museum and (formerly the Shoonaq’ Tribe of Kodiak). individuals of Native American Archaeological Repository, 215 Mission In 1995, human remains representing ancestry. Officials of the Alutiiq Rd., Suite 101, Kodiak, AK 99615, a minimum of one individual were Museum and Archaeological Repository telephone (907) 486–7004, before transferred to the Alutiiq Museum and also have determined that, pursuant to August 29, 2007. Repatriation of the Archaeological Repository from Kodiak 25 U.S.C. 3001 (2), there is a human remains to the Native Village of Area Native Association’s Alutiiq relationship of shared group identity Akhiok, Akhiok-Kaguyak, Inc., and Culture Center (number AM61). that can be reasonably traced between Koniag, Inc. may proceed after that date Information regarding the collection of the Native American human remains if no additional claimants come the human remains is unknown, and the Afognak Native Corporation; forward. although it is likely that the human Native Village of Afognak (formerly the Alutiiq Museum and Archaeological remains were removed from the Kodiak Village of Afognak); Native Village of Repository is responsible for notifying region. No known individual was Akhiok; Akhiok-Kaguyak, Inc.; Native the Native Village of Akhiok, Akhiok- identified. No associated funerary Village of Karluk; Natives of Kodiak, Kaguyak, Inc., and Koniag, Inc. that this objects are present. Inc.; Koniag, Inc.; Native Village of notice has been published. In 1995, human remains representing Larsen Bay; Lesnoi Village (aka Woody Dated: June 27, 2007 a minimum of one individual were Island); Old Harbor Native Corporation; Sherry Hutt, transferred to the Alutiiq Museum and Village of Old Harbor; Ouzinkie Native Manager, National NAGPRA Program. Archaeological Repository from the Corporation; Native Village of Ouzinkie; [FR Doc. E7–14576 Filed 7–27–07; 8:45 am] Kodiak Area Native Association’s Native Village of Port Lions; and Sun’aq Alutiiq Culture Center (numbers AM BILLING CODE 4312–50–S Tribe of Kodiak (formerly the Shoonaq’ 110:217 and AM 110:255). Information Tribe of Kodiak). regarding the collection of the human Representatives of any other Indian remains is unknown. No known DEPARTMENT OF THE INTERIOR tribe that believes itself to be culturally individual was identified. No associated affiliated with the human remains National Park Service funerary objects are present. should contact Dr. Sven Haakanson, Jr., In February of 1999, human remains Executive Director, Alutiiq Museum and Notice of Inventory Completion: Alutiiq representing a minimum of one Archaeological Repository, 215 Mission Museum and Archaeological individual were turned into the Alutiiq Rd., Suite 101, Kodiak, AK 99615, Repository, Kodiak, AK Museum and Archaeological Repository telephone (907) 486–7004, before by an unknown individual. Information AGENCY: National Park Service, Interior. August 29, 2007. Repatriation of the regarding the collection of the human ACTION: Notice. human remains to the Afognak Native remains is unknown. No known Corporation; Native Village of Afognak individual was identified. No associated Notice is here given in accordance (formerly the Village of Afognak); Native funerary objects are present. with the Native American Graves Village of Akhiok; Akhiok-Kaguyak, A review of the human remains Protection and Repatriation Act Inc.; Native Village of Karluk; Natives of suggests they are archeological. Humic (NAGPRA), 25 U.S.C. 3003, of the Kodiak, Inc.; Koniag, Inc.; Native Village staining and worn dentition with no completion of an inventory of human of Larsen Bay; Lesnoi Village (aka evidence of modern dentistry suggest remains in the possession of Alutiiq Woody Island); Old Harbor Native prehistoric individuals, likely from one Museum and Archaeological Repository, Corporation; Village of Old Harbor; Kodiak, AK. The human remains were of Kodiak’s many archeological sites. Archeological data indicate that modern Ouzinkie Native Corporation; Native removed from unknown locations in the Village of Ouzinkie; Native Village of Kodiak Archipelago, AK. Alutiiqs evolved from archeologically Port Lions; and Sun’aq Tribe of Kodiak This notice is published as part of the documented societies of the Kodiak (formerly the Shoonaq’ Tribe of Kodiak) National Park Service’s administrative region and can trace their ancestry back may proceed after that date if no responsibilities under NAGPRA, 25 over 7,500 years in the region. As such, additional claimants come forward. U.S.C. 3003 (d)(3). The determinations the human remains are likely Native in this notice are the sole responsibility American and most closely affiliated Alutiiq Museum and Archaeological of the museum, institution, or Federal with the modern Kodiak Alutiiq people. Repository is responsible for notifying agency that has control of the Native Kodiak Alutiiq people are members of the Afognak Native Corporation; Native American human remains. The National the Afognak Native Corporation; Native Village of Afognak (formerly the Village Park Service is not responsible for the Village of Afognak (formerly the Village of Afognak); Native Village of Akhiok; determinations in this notice. of Afognak); Native Village of Akhiok; Akhiok-Kaguyak, Inc.; Native Village of A detailed assessment of the human Akhiok-Kaguyak, Inc.; Native Village of Karluk; Natives of Kodiak, Inc.; Koniag, remains was made by Alutiiq Museum Karluk; Natives of Kodiak, Inc.; Koniag, Inc.; Native Village of Larsen Bay; and Archaeological Repository Inc.; Native Village of Larsen Bay; Lesnoi Village (aka Woody Island); Old professional staff in consultation with Lesnoi Village (aka Woody Island); Old Harbor Native Corporation; Village of representatives of the Afognak Native Harbor Native Corporation; Village of Old Harbor; Ouzinkie Native Corporation; Native Village of Afognak Old Harbor; Ouzinkie Native Corporation; Native Village of Ouzinkie; (formerly the Village of Afognak); Native Corporation; Native Village of Ouzinkie; Native Village of Port Lions; and Sun’aq Village of Akhiok; Akhiok-Kaguyak, Native Village of Port Lions; and Sun’aq Tribe of Kodiak (formerly the Shoonaq’ Inc.; Native Village of Karluk; Natives of Tribe of Kodiak (formerly the Shoonaq’ Tribe of Kodiak) that this notice has Kodiak, Inc.; Koniag, Inc.; Native Village Tribe of Kodiak). been published.

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Dated: June 27, 2007. In 1987, human remains representing removed from an area of the archipelago Sherry Hutt, a minimum of one individual were traditionally used by the Native Village Manager, National NAGPRA Program. removed from the Karluk One site (49– of Karluk. [FR Doc. E7–14577 Filed 7–27–07; 8:45 am] KAR–00001) during an excavation lead Officials of the Alutiiq Museum and BILLING CODE 4312–50–S by Dr. Jordan of Bryn Mawr College Archaeological Repository have with permission from the landowner, determined that, pursuant to 25 U.S.C. Koniag, Inc., an Alutiiq ANCSA 3001 (9–10), the human remains DEPARTMENT OF THE INTERIOR corporation. The human remains were described above represent the physical shipped to the Bryn Mawr College remains of at least three individuals of National Park Service Department of Anthropology for study Native American ancestry. Officials of and storage following the excavation. In the Alutiiq Museum and Archaeological Notice of Inventory Completion: Alutiiq 1988, the human remains were shipped Repository also have determined that, Museum and Archaeological to the University of Alaska Fairbanks pursuant to 25 U.S.C. 3001 (2), there is Repository, Kodiak, AK Department of Anthropology. Following a relationship of shared group identity Dr. Jordan’s death in 1991, the human AGENCY: National Park Service, Interior. that can be reasonably traced between remains were transferred to the Kodiak the Native American human remains ACTION: Notice. Area Native Association’s Alutiiq and the Native Village of Karluk and Notice is here given in accordance Culture Center. In April of 1995, the Koniag, Inc. with the Native American Graves entire site collection was transferred to Representatives of any other Indian Protection and Repatriation Act the Alutiiq Museum and Archaeological tribe that believes itself to be culturally (NAGPRA), 25 U.S.C. 3003, of the Repository (number AM193). The affiliated with the human remains completion of an inventory of human human remains were found during a should contact Dr. Sven Haakanson, Jr., collections storage improvement project remains in the possession of Alutiiq Executive Director, Alutiiq Museum and in December of 2006. No known Museum and Archaeological Repository, Archaeological Repository, 215 Mission individual was identified. No associated Kodiak, AK. The human remains were Rd., Suite 101, Kodiak, AK 99615, funerary objects are present. removed from Karluk, AK. telephone (907) 486–7004, before In the summer of 1994, human August 29, 2007. Repatriation of the This notice is published as part of the remains representing a minimum of one National Park Service’s administrative human remains to the Native Village of individual were removed from the Karluk and Koniag, Inc. may proceed responsibilities under NAGPRA, 25 Karluk One site (49–KAR–00001) during U.S.C. 3003 (d)(3). The determinations after that date if no additional claimants an excavation led by Rick Knecht of the come forward. in this notice are the sole responsibility Kodiak Area Native Association with of the museum, institution, or Federal Alutiiq Museum and Archaeological funding and permission from the Repository is responsible for notifying agency that has control of the Native landowner, Koniag, Inc., an Alutiiq American human remains. The National the Native Village of Karluk and Koniag, ANCSA corporation. Following the Inc. that this notice has been published. Park Service is not responsible for the excavations, the human remains were Dated: July 6, 2007. determinations in this notice. taken to the Kodiak Area Native A detailed assessment of the human Association’s Alutiiq Culture Center in Sherry Hutt, remains was made by Alutiiq Museum Kodiak, AK, for study and storage. In Manager, National NAGPRA Program. and Archaeological Repository April of 1995, the entire site collection [FR Doc. E7–14580 Filed 7–27–07; 8:45 am] professional staff in consultation with was transferred to the Alutiiq Museum BILLING CODE 4312–50–S representatives of Koniag, Inc. and Archaeological Repository (number In 1985, human remains representing AM193). The human remains were a minimum of one individual were found during a collections storage DEPARTMENT OF THE INTERIOR removed from the Karluk One site (49– improvement project in December of KAR–00001), also known as New 2006. No known individual was National Park Service Karluk, in Karluk, AK, at the mouth of identified. No associated funerary the Karluk River, during an excavation Notice of Inventory Completion: Alutiiq objects are present. Museum and Archaeological led by Dr. Richard Jordan of Bryn Mawr Karluk One was once a massive Repository, Kodiak, AK College, Bryn Mawr, PA, with Alutiiq village site on the south bank of permission from the landowner, Koniag, Karluk Lagoon at the mouth of the AGENCY: National Park Service, Interior. Inc., an Alutiiq ANCSA corporation. Karluk River on southwestern Kodiak ACTION: Notice. The human remains were taken to the Island, AK. Archeological excavations Hunter College Department of between 1983 and 1995 revealed a series Notice is here given in accordance Anthropology in New York City for of prehistoric sod houses (circa 700 to with the Native American Graves study and storage. In 1999, Robert 200 years old) beneath the remains of an Protection and Repatriation Act Kopperl, a graduate student at the historic village occupied until 1979. The (NAGPRA), 25 U.S.C. 3003, of the University of Washington’s Department human remains from Karluk One are all completion of an inventory of human of Anthropology, gained permission to from prehistoric contexts. Extensive remains and associated funerary objects move the faunal samples from New carbon dating and typological studies in the possession of Alutiiq Museum York to Seattle for use in his doctoral indicate that the site’s prehistoric and Archaeological Repository, Kodiak, research. During Mr. Kopperl’s analyses, deposits date to the Koniag tradition, AK. The human remains and associated the human remains were identified in the cultural tradition observed at funerary objects were removed from the faunal samples. In July of 2006, the historic contact and ancestral to modern Afognak Island and the City of Port human remains were transferred to the Alutiiqs. The human remains are Lions, AK. Alutiiq Museum and Archaeological reasonably believed to be Native This notice is published as part of the Repository. No known individual was American and most closely affiliated National Park Service’s administrative identified. No associated funerary with the Kodiak Alutiiq people. responsibilities under NAGPRA, 25 objects are present. Specifically, the human remains were U.S.C. 3003 (d)(3). The determinations

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in this notice are the sole responsibility contemporary Alutiiqs. Specifically, the with or near individual human remains of the museum, institution, or Federal human remains were recovered from an at the time of death or later as part of agency that has control of the Native area of the archipelago traditionally the death rite or ceremony. Lastly, American human remains and used by members of the Native Village officials of the Alutiiq Museum and associated funerary objects. The of Afognak (formerly the Village of Archaeological Repository have National Park Service is not responsible Afognak) and Native Village of Port determined that, pursuant to 25 U.S.C. for the determinations in this notice. Lions. 3001 (2), there is a relationship of A detailed assessment of the human In June of 1994, human remains shared group identity that can be remains was made by the Alutiiq representing a minimum of one reasonably traced between the Native Museum and Archaeological Repository individual were removed from an American human remains and professional staff in consultation with eroding bank near the City of Port Lions, associated funerary objects and the representatives of the Afognak Native AK, by Charles Kramer. Mr. Kramer Afognak Native Corporation; Native Corporation; Native Village of Afognak gave the human remains to the Alaska Village of Afognak (formerly the Village (formerly the Village of Afognak); State Troopers in July of 1994. The of Afognak); Koniag, Inc.; and Native Koniag, Inc.; and Native Village of Port Alaska State Troopers sent the human Village of Port Lions. Lions. remains to the State Office of History Representatives of any other Indian In July and August of 1993, human and Archaeology and subsequently tribe that believes itself to be culturally remains representing a minimum of two relinquished control of and transferred affiliated with the human remains and individuals were removed from the the human remains to Kodiak Area associated funerary objects should Malina Creek site (49–AFG–00005) on Native Association’s Alutiiq Culture contact Dr. Sven Haakanson, Jr., northwestern Afognak Island, AK, by Center in November 1994. In 1995, the Executive Director, Alutiiq Museum and Dr. Richard Knecht, an archeologist, human remains were transferred to the Archaeological Repository, 215 Mission during an excavation on conveyed Alutiiq Museum and Archaeological Rd., Suite 101, Kodiak, AK 99615, Native lands sponsored by the Afognak Repository where they are currently telephone (907) 486–7004, before Native Corporation. At the conclusion of stored (accession number AM40). No August 29, 2007. Repatriation of the the excavation, the human remains were known individual was identified. No human remains and associated funerary taken to the Kodiak Area Native associated funerary objects are present. objects to the Afognak Native Association’s Alutiiq Culture Center for Although the exact archeological site Corporation; Native Village of Afognak storage. In 1995, the human remains from which the human remains (formerly the Village of Afognak); were transferred to the Alutiiq Museum originated is not recorded, the findings Koniag, Inc.; and Native Village of Port and Archaeological Repository where of the state archeologist suggest that the Lions may proceed after that date if no they are currently stored (accession human remains are those of a additional claimants come forward. number AM24). The human remains prehistoric person. Many archeologists The Alutiiq Museum and were discovered during a collections believe that the region’s cultural Archaeological Repository is storage improvement project in sequence represents a period of responsible for notifying the Afognak December of 2006. No known evolutionary growth over a 7,500 year Native Corporation; Native Village of individuals were identified. The eight period with the earliest colonizers Afognak (formerly the Village of associated funerary objects are seven evolving into the Alutiiq societies Afognak); Koniag, Inc.; and Native wooden planks and one wooden mask recorded at historic contact. As such, Village of Port Lions that this notice has bangle. the human remains are reasonably been published. Malina Creek is a large coastal village believed to be Native American and site that overlooks Shelikof Strait at the most closely affiliated with the Dated: July 6, 2007. mouth of Malina Creek on the contemporary Native residents of the Sherry Hutt, northwestern coast of Afognak Island in Kodiak archipelago, the Kodiak Alutiiq. Manager, National NAGPRA Program. Alaska’s Kodiak archipelago. More than Specifically, the human remains were [FR Doc. E7–14583 Filed 7–27–07; 8:45 am] 4 meters of cultural deposits indicate recovered from an area of the BILLING CODE 4312–50–S settlement during each of Kodiak’s archipelago traditionally used by major cultural traditions - Ocean Bay, members of the Native Village of Kachemak and Koniag, and historic Afognak (formerly the Village of DEPARTMENT OF THE INTERIOR Alutiiq (Russian era). Based on the Afognak) and Native Village of Port stratigraphic context of one of the Lions. National Park Service burials it is reasonably believed that one Descendants of the Kodiak Alutiiq are individual is from the Early Koniag members of the Afognak Native Notice of Intent to Repatriate Cultural phase of the Koniag tradition. The other Corporation; Native Village of Afognak Items: Peabody Museum of individual was removed from slumped (formerly the Village of Afognak); Archaeology and Ethnology, Harvard deposits along the site’s erosion face. Koniag, Inc.; and Native Village of Port University, Cambridge, MA Although the depth of this find is Lions. AGENCY: National Park Service, Interior. unknown, field notes from an adjacent Officials of the Alutiiq Museum and ACTION: Notice. pit test indicate that deposits in this Archaeological Repository have area are prehistoric and that the determined that, pursuant to 25 U.S.C. Notice is here given in accordance majority date to the Koniag and 3001 (9–10), the human remains with the Native American Graves Kachemak traditions. As such, the described above represent the physical Protection and Repatriation Act human remains are believed to be remains of three individuals of Native (NAGPRA), 25 U.S.C. 3005, of the intent Native American and to be most closely American ancestry. Officials of the to repatriate cultural items in the affiliated with the contemporary Alutiiq Alutiiq Museum and Archaeological possession of the Peabody Museum of people. Many archeologists believe that Repository also have determined that, Archaeology and Ethnology, Harvard people of the Kachemak tradition are pursuant to 25 U.S.C. 3001 (3)(A), the University, Cambridge, MA that meet ancestral to people of the Koniag eight objects described above are the definition of ‘‘unassociated funerary tradition who are the direct ancestors of reasonably believed to have been placed objects’’ under 25 U.S.C. 3001.

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This notice is published as part of the Archaeology and Ethnology expedition A.D. 1500). Glass beads and kaolin National Park Service’s administrative led by C.C. Abbott. The unassociated pipes were introduced by Europeans as responsibilities under NAGPRA, 25 funerary object is one set of glass and trade items in the post-Contact period. U.S.C. 3003 (d)(3). The determinations shell beads. Between 1888 and 1917, three in this notice are the sole responsibility The cultural item most likely dates to cultural items were recovered from the of the museum, institution, or Federal the Contact period or later (post-A.D. Lalor Field site in Trenton, Mercer agency that has control of the cultural 1500), as glass beads were introduced by County, NJ, by C.C. Abbott and Ernest items. The National Park Service is not Europeans as trade items in the post- Volk. They were donated to the Peabody responsible for the determinations in Contact period. Museum of Archaeology and Ethnology this notice. In 1895, eight cultural items were by Mr. Abbott at an unknown date and The 39 cultural items are stone effigy recovered from the Lalor Field site in accessioned into the Museum’s pendants, glass and shell beads, ceramic Trenton, Mercer County, NJ, by Ernest collection in 1952. The three sherds, projectile points, bone Volk during a Peabody Museum of unassociated funerary objects are three fragments, metal bells, one worked Archaeology and Ethnology expedition lots of ceramic sherds. stone, one ceramic pipe, and one pipe led by Mr. Volk. The eight unassociated Between 1888 and 1917, one cultural stem fragment. funerary objects are five lots of ceramic item was recovered from Deutzville in In 1872, one cultural item was sherds, two projectile points, and one Hamilton Township, Mercer County, NJ, recovered from an unknown location in ceramic pot base. by C.C. Abbott and Ernest Volk. It was Trenton, Mercer County, NJ, by C.C. The cultural items most likely date to donated to the Peabody Museum of Abbott and F.W. Putnam. It was donated the Middle or Late Woodland periods Archaeology and Ethnology by Mr. to the Peabody Museum of Archaeology (A.D. 0 - 1500) and the decoration and/ Abbott at an unknown date and and Ethnology by the Peabody Museum or fabric of the ceramic sherds support accessioned into the Museum’s Salem (now the Peabody Essex this date. collection in 1952. The unassociated Museum) through Ernest Dodge in 1952. In 1909, 20 cultural items were funerary object is one lot of ceramic The one unassociated funerary object is recovered from the A.K. Rowan Farm sherds. a stone effigy pendant depicting a face. site and ‘‘burial place near old house’’ The four cultural items most likely In 1877, one cultural item was in Trenton, Mercer County, NJ, by date to the Middle or Late Woodland recovered from an unknown location in Ernest Volk and R.E. Merwin during a periods (A.D. 0 - 1500), as suggested by Trenton, Mercer County, NJ, by C.C. Peabody Museum of Archaeology and the decoration and/or fabric of the Abbott and donated to the Peabody Ethnology expedition led by Mr. Volk sherds. Museum of Archaeology and Ethnology and Mr. Merwin. The 20 unassociated Museum documentation indicates by Mr. Abbott later that same year. The funerary objects are 6 projectile points, that the 39 cultural items described one unassociated funerary object is a 1 stone scraper, 1 set of glass beads, 4 above were recovered from burial stone effigy pendant depicting a face. lots of ceramic sherds, 2 worked bone contexts. The Peabody Museum of In 1877, one cultural item was fragments, 3 metal bells, 1 worked Archaeology and Ethnology is not in recovered from an unknown location in stone, 1 stone effigy pendant depicting possession of the human remains from Vincentown, Burlington County, NJ, by a face, and 1 kaolin pipe stem fragment. these burials. Archeological evidence, C.C. Abbott and donated to the Peabody The cultural items most likely date to museum documentation, and oral Museum by Mr. Abbott later that same the Middle Woodland through Contact histories indicate that the cultural items year. The one unassociated funerary periods (A.D. 0 - 1500). The shape of the are from areas considered to be object is a stone effigy pendant bifacial lithics (lancelet, small aboriginal homelands and traditional depicting a face. triangular) date to the Middle Woodland burial areas of the Delaware people. In 1877, one cultural item was likely period (A.D. 0 - 1000). Brass and Officials of the Peabody Museum of recovered from ‘‘Indian burial ground’’ European copper objects, glass beads, Archaeology and Ethnology have in Vincentown, Burlington County, NJ, and Dutch kaolin trade pipes date to the determined that, pursuant to 25 U.S.C. by C.C. Abbott and donated to the Contact period (A.D. 1500). 3001 (3)(B), the 39 cultural items Peabody Museum of Archaeology and Archeological evidence suggests that described above are reasonably believed Ethnology by Mr. Abbott later that same face effigy pendants were used by the to have been placed with or near year. The unassociated funerary object Delaware people during the Middle individual human remains at the time of is a stone effigy pendant depicting a Woodland period or later. Consultation, death or later as part of the death rite face. archeological, and ethnographic or ceremony and are believed, by a The four cultural items described evidence indicates that these kinds of preponderance of the evidence, to have above most likely date to the Middle effigy pendants are known as Mesingw been removed from specific burial sites Woodland period or later (post-A.D. 0). and may be symbolically associated of Native American individuals. Archeological evidence suggests that with the Big House Ceremony that likely Officials of the Peabody Museum of face effigy pendants were used by the developed during the Late Woodland or Archaeology and Ethnology also have Delaware people during the Middle Contact periods (A.D. 1000 - 1500). determined that, pursuant to 25 U.S.C. Woodland period or later. Consultation, In 1911, two cultural items were 3001 (2), there is a relationship of archeological, and ethnographic recovered from the Riverview Cemetery, shared group identity that can be evidence indicates that these kinds of on the south shore of the Delaware reasonably traced between the effigy pendants are known as Mesingw River, in Trenton, Mercer County, NJ, by unassociated funerary objects and the and may be symbolically associated Frank Wachter. They were donated to Cherokee Nation, Oklahoma, on behalf with the Big House Ceremony that likely the Peabody Museum of Archaeology of the Delaware Tribe of Indians; and developed during the Late Woodland or and Ethnology by Mr. Wachter through Delaware Nation, Oklahoma. Contact periods (A.D. 1000 - 1500). Ernest Volk in 1912. The two Representatives of any other Indian In 1879, one cultural item was unassociated funerary objects are one tribe that believes itself to be culturally recovered from an unknown location in set of glass beads and one kaolin pipe. affiliated with the unassociated funerary Chester County, PA, by Isaac Kirk The cultural items most likely date to objects should contact Patricia Capone, during a Peabody Museum of the early Contact period or later (post- Repatriation Coordinator, Peabody

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Museum of Archaeology and Ethnology, Nation, Oklahoma); and Stockbridge from an area considered to be part of the Harvard University, 11 Divinity Avenue, Munsee Community, Wisconsin. aboriginal homelands and traditional Cambridge, MA 02138, telephone (617) In 1878, human remains representing burial areas of the Delaware people. 496–3702, before August 29, 2007. a minimum of one individual were In 1879, human remains representing Repatriation of the unassociated recovered from Trenton, Mercer a minimum of one individual were funerary objects to the Cherokee Nation, Country, NJ, during a Peabody Museum recovered from an unknown location in Oklahoma, on behalf of the Delaware of Archaeology and Ethnology Burlington County, NJ, by Michael Tribe of Indians; and Delaware Nation, expedition led by C.C. Abbott. No Newbold during a Peabody Museum of Oklahoma may proceed after that date if known individual was identified. No Archaeology and Ethnology expedition no additional claimants come forward. associated funerary objects are present. led by C.C. Abbott. No known The Peabody Museum of Archaeology Museum documentation indicates individual was identified. No associated and Ethnology is responsible for that the human remains were funerary objects are present. notifying the Cherokee Nation, encountered by workmen who were Osteological characteristics indicate Oklahoma; Delaware Nation, Oklahoma; digging a trench at the Trenton Gas that this individual is Native American. and Stockbridge Munsee Community, Works in Trenton, NJ. Osteological This interment most likely dates to the Wisconsin that this notice has been characteristics indicate that this Contact or Historic period (post-A.D. published. individual is Native American. This 1500). Copper staining present on the interment most likely dates to the human remains is most likely the result Dated: June 27, 2007. Contact or Historic period (post-A.D. Sherry Hutt, of shroud pin use and supports a date 1500). Copper staining present on the to the Contact or Historic period. National NAGPRA Program. human remains is most likely the result Archeological evidence, museum [FR Doc. E7–14578 Filed 7–27–07; 8:45 am] of shroud pin use and supports a date documentation, and oral histories BILLING CODE 4312–50–S to the Contact or Historic period. indicate that the human remains are Archeological evidence, museum from an area considered to be part of the documentation, and oral histories aboriginal homelands and traditional DEPARTMENT OF THE INTERIOR indicate that the human remains are burial areas of the Delaware people. from an area considered to be part of the In 1879, human remains representing National Park Service aboriginal homelands and traditional a minimum of one individual were burial areas of the Delaware people. Notice of Inventory Completion: In 1878, human remains representing recovered from an unknown location in Peabody Museum of Archaeology and a minimum of one individual were Gloucester County, NJ, by William Ethnology, Harvard University, recovered from an unknown location in Klingbeil during a Peabody Museum of Cambridge, MA West Chester, Chester County, PA, by Archaeology and Ethnology expedition Jerome B. Gray, and donated to the led by C.C. Abbott. No known AGENCY: National Park Service, Interior. Peabody Museum of Archaeology and individual was identified. The one ACTION: Notice. Ethnology by Mr. Gray later that same associated funerary object is a stone year. No known individual was platform human effigy pipe. Notice is here given in accordance identified. The one associated funerary Osteological characteristics indicate with the Native American Graves object is a set of glass beads. that this individual is Native American. Protection and Repatriation Act Osteological characteristics indicate This interment most likely dates to the (NAGPRA), 25 U.S.C. 3003, of the that this individual is Native American. Contact or Historic period (post-A.D. completion of an inventory of human This interment most likely dates to the 1500). Anthropomorphic effigy pipes, remains and associated funerary objects Contact or Historic period (post-A.D. such as the one recovered from this in the possession and control of the 1500). The glass beads recovered with interment, are most closely associated Peabody Museum of Archaeology and the human remains support a post- with proto-Contact and later time Ethnology, Harvard University, Contact date. Archeological evidence, periods in this area. In addition, copper Cambridge, MA. The human remains museum documentation, and oral staining present on the human remains and associated funerary objects were histories indicate that the human is most likely the result of shroud pin removed from Burlington, Gloucester, remains are from an area considered to use and supports a date to the Contact and Mercer Counties, NJ, and Chester be part of the aboriginal homelands and or Historic period. Archeological County, PA. traditional burial areas of the Delaware evidence, museum documentation, and This notice is published as part of the people. oral histories indicate that the human National Park Service’s administrative In 1879, human remains representing remains are from an area considered to responsibilities under NAGPRA, 25 a minimum of one individual were be part of the aboriginal homelands and U.S.C. 3003 (d)(3). The determinations recovered from an unknown location in traditional burial areas of the Delaware in this notice are the sole responsibility West Chester, Chester County, PA, by people. of the museum, institution, or Federal Isaac S. Kirk during a Peabody Museum In 1894, human remains representing agency that has control of the Native of Archaeology and Ethnology a minimum of six individuals were American human remains and expedition led by C.C. Abbott. No recovered from the Lalor Field site in associated funerary objects. The known individual was identified. No Trenton, Mercer County, NJ, by Ernest National Park Service is not responsible associated funerary objects are present. Volk during a Peabody Museum of for the determinations in this notice. Osteological characteristics indicate Archaeology and Ethnology expedition A detailed assessment of the human that this individual is Native American led by Mr. Volk. No known individuals remains was made by Peabody Museum with possible mixed ancestry. This were identified. The five associated of Archaeology and Ethnology interment dates to the Contact or funerary objects, which were professional staff in consultation with Historic period (post-A.D. 1500). accessioned into the museum’s representatives of the Delaware Nation, Archeological evidence, museum collection in 1952, are one animal Oklahoma; Delaware Tribe of Indians, documentation, and oral histories mandible with teeth, one notched stone, Oklahoma (now part of the Cherokee indicate that the human remains are and three stone implements.

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Osteological characteristics indicate aboriginal homelands and traditional ACTION: Notice. that these individuals are Native burial areas of the Delaware people. Notice is here given in accordance American. The interments most likely Officials of the Peabody Museum of with the Native American Graves date to the Middle to Late Woodland Archaeology and Ethnology have Protection and Repatriation Act periods (A.D. 0 - 1500). Artifacts determined that, pursuant to 25 U.S.C. (NAGPRA), 25 U.S.C. 3003, of the recovered from the grave fill but not 3001 (9–10), the human remains completion of an inventory of human associated with the human remains, described above represent the physical remains and associated funerary objects including lithic flakes and ceramic remains of 19 individuals of Native in the control of the Thomas Burke sherds, support this date. Archeological American ancestry. Officials of the Memorial Washington State Museum evidence, museum documentation, and Peabody Museum of Archaeology and (Burke Museum), University of oral histories indicate that the human Ethnology also have determined that, Washington, Seattle, WA. The human remains are from an area considered to pursuant to 25 U.S.C. 3001 (3)(A), the 16 remains and the associated funerary be part of the aboriginal homelands and objects described above are reasonably objects were removed from Kitsap traditional burial areas of the Delaware believed to have been placed with or County, WA. people. near individual human remains at the This notice is published as part of the Between 1894 and 1895, human time of death or later as part of the death National Park Service’s administrative remains representing a minimum of rite or ceremony. Lastly, officials of the responsibilities under NAGPRA, 25 seven individuals were recovered from Peabody Museum of Archaeology and U.S.C. 3003, (d)(3). The determinations the Lalor Field site in Trenton, Mercer Ethnology have determined that, in this notice are the sole responsibility County, NJ, by Ernest Volk during a pursuant to 25 U.S.C. 3001 (2), there is of the museum, institution, or Federal Peabody Museum of Archaeology and a relationship of shared group identity agency that has control of the Native Ethnology expedition led by Mr. Volk. that can be reasonably traced between American human remains and No known individuals were identified. the Native American human remains associated funerary objects. The The one associated funerary object is a and associated funerary objects and the National Park Service is not responsible stone gorget. Cherokee Nation, Oklahoma, on behalf for the determinations in this notice. Osteological characteristics indicate of the Delaware Tribe of Indians; and A detailed assessment of the human that these individuals are Native Delaware Nation, Oklahoma. remains was made by the Burke American. The interments most likely Representatives of any other Indian Museum professional staff in date to the Middle to Late Woodland tribe that believes itself to be culturally consultation with representatives of the periods (A.D. 0 - 1500). The polished affiliated with the human remains and Port Gamble Indian Community of the stone gorget associated with the human associated funerary objects should Port Gamble Reservation, Washington remains, as well as artifacts recovered contact Patricia Capone, Repatriation and Suquamish Indian Tribe of the Port from the grave fill, supports this date. Coordinator, Peabody Museum of Madison Reservation, Washington. Archeological evidence, museum Archaeology and Ethnology, Harvard At an unknown time, human remains documentation, and oral histories University, 11 Divinity Avenue, representing a minimum of three indicate that the human remains are Cambridge, MA 02138, telephone (617) individuals were removed from the Old from an area considered to be part of the 496–3702, before August 29, 2007. Man House area in Kitsap County, WA, aboriginal homelands and traditional Repatriation of the human remains and by an unknown person. In 1995, the burial areas of the Delaware people. associated funerary objects to the human remains were formally In 1909, human remains representing Cherokee Nation, Oklahoma, on behalf accessioned as ‘‘found in collection’’ a minimum of one individual were of the Delaware Tribe of Indians; and (Burke Accn. #1995–64). No known recovered from the A.K. Rowan Farm Delaware Nation, Oklahoma may individuals were identified. The two site in Trenton, Mercer County, NJ, by proceed after that date if no additional associated funerary objects are one bag Ernest Volk and R.E. Merwin during a claimants come forward. of sediment and one piece of wood. Peabody Museum of Archaeology and The Peabody Museum of Archaeology Minimal museum documentation is Ethnology expedition led by Mr. Volk and Ethnology is responsible for associated with the human remains. The and Mr. Merwin. No known individual notifying the Cherokee Nation, human remains were found in the Burke was identified. The eight associated Oklahoma; Delaware Nation, Oklahoma; Museum’s storage with a note indicating funerary objects are five sets of shell and and Stockbridge Munsee Community, that they were found ‘‘at/near O Man glass beads, one copper box containing Wisconsin that this notice has been House’’ and the name ‘‘A.S. McCrary’’ vegetable fiber, one lot of woven fabric, published. with a Seattle address. It is unclear what and one lot of hide fragments with metal Dated: June 27, 2007 relationship A.S. McCrary had to the oxidation. Sherry Hutt, human remains. Osteological characteristics indicate At an unknown time, human remains that this individual is Native American. Manager, National NAGPRA Program. representing a minimum of four This interment most likely dates to the [FR Doc. E7–14625 Filed 7–27–07; 8:45 am] individuals are reasonably believed to Contact or Historic period (post-A.D. BILLING CODE 4312–50–S have been removed from the Old Man 1500) and the associated funerary House area on the Suquamish objects recovered with the human Reservation, Kitsap County, WA. The remains support this date. In addition, DEPARTMENT OF THE INTERIOR human remains were formally copper staining present on the human National Park Service accessioned as ‘‘found in collection’’ in remains is most likely the result of 1995 (Burke Accn. #1995–64). No shroud pin use and supports a date to Notice of Inventory Completion: known individuals were identified. No the Contact or Historic period. Thomas Burke Memorial Washington associated funerary objects are present. Archeological evidence, museum State Museum, University of Minimal museum documentation is documentation, and oral histories Washington, Seattle, WA associated with the human remains. The indicate that the human remains are human remains were found in a box that from an area considered to be part of the AGENCY: National Park Service, Interior. contained artifacts from the Old Man

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House area, but are not believed to be described above represent the physical ecause the domestic interested parties associated funerary objects. remains of eight individuals of Native did not participate in this review’’ (72 Archeological information suggests American ancestry. Officials of the FR 39793). Accordingly, pursuant to that the Old Man House site was used Burke Museum also have determined section 751(c) of the Tariff Act of 1930 for over 2000 years. The Lushootseed that, pursuant to 25 U.S.C. 3001 (3)(A), (19 U.S.C. 1675(c)), the subject review is name for the Old Man House site is the 13 objects described above are terminated. D’Suq’wub. Members of the Suquamish reasonably believed to have been placed EFFECTIVE DATE: July 9, 2007. tribe speak the Lushootseed language. with or near individual human remains FOR FURTHER INFORMATION CONTACT: The site is also the location of the long at the time of death or later as part of Mary Messer (202–205–3193), Office of house where ‘‘Chief’’ Sealth, also known the death rite or ceremony. Lastly, Investigations, U.S. International Trade as Chief Seattle, a leader of the officials of the Burke Museum have Commission, 500 E. Street, SW., Suquamish, once lived. The earliest determined that, pursuant to 25 U.S.C. Washington, DC 20436. Hearing- written ethnographic information 3001 (2), there is a relationship of impaired individuals are advised that describing the longhouse referred to as shared group identity that can be information on this matter can be Old Man House was by George Gibbs in reasonably traced between the Native obtained by contacting the 1855. American human remains and In 1855, the Point Elliot Treaty Commission’s TDD terminal on 202– associated funerary objects and the 205–1810. Persons with mobility allocated the land where Old Man Suquamish Indian Tribe of the Port House was to the Suquamish. The impairments who will need special Madison Reservation, Washington. assistance in gaining access to the Suquamish were later removed from Representatives of any other Indian these lands in 1904 and 1905, when the Commission should contact the Office tribe that believes itself to be culturally of the Secretary at 202–205–2000. United States government seized the affiliated with the human remains and land. The area surrounding the Old Man General information concerning the associated funerary objects should Commission may also be obtained by House area has been subject to many contact Dr. Peter Lape, Burke Museum, different forms of ownership including accessing its internet server: (http:// University of Washington, Box 353010, www.usitc.gov). private property, state property, or Seattle, WA 98195–3010, telephone reservation property. Based on the lack (206) 685–2282, before August 29, 2007. Authority: This review is being terminated of definitive information of removal, the Repatriation of the human remains and under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to Burke Museum has proceeded as the associated funerary objects to the responsible entity. section 207.69 of the Commission’s rules (19 Suquamish Indian Tribe of the Port CFR 207.69). At an unknown time, human remains Madison Reservation, Washington may representing a minimum of one proceed after that date if no additional Issued: July 24, 2007. By order of the Commission. individual were reasonably believed to claimants come forward. have been removed from Suquamish, The Burke Museum is responsible for William R. Bishop, Kitsap County, WA, by an unknown notifying the Port Gamble Indian Acting Secretary to the Commission. person. Minimal museum Community of the Port Gamble [FR Doc. E7–14554 Filed 7–27–07; 8:45 am] documentation was associated with the Reservation, Washington and BILLING CODE 7020–02–P human remains and they were formally Suquamish Indian Tribe of the Port accessioned as ‘‘found in collection’’ in Madison Reservation, Washington and 1995 (Burke Accn. #1995–64). The 11 that this notice has been published. INTERNATIONAL TRADE associated funerary objects are 2 COMMISSION pebbles, 1 concretion, 2 lots of rodent Dated: June 20, 2007. feces, 4 stone flakes, 1 nut shell Sherry Hutt, [USITC SE–07–014] Manager, National NAGPRA Program. fragment, and 1 stone fragment. Government in the Sunshine Act According to ethnographic [FR Doc. E7–14613 Filed 7–27–07; 8:45 am] Meeting Notice documentation, the Suquamish tribe BILLING CODE 4312–50–S aboriginally occupied the area AGENCY HOLDING THE MEETING: United surrounding the town of Suquamish States International Trade Commission. (Swanton 1952; Spier 1936). The INTERNATIONAL TRADE TIME AND DATE: August 10, 2007 at 11 Suquamish Reservation was established COMMISSION a.m. in the Point Elliott Treaty, which allocated the land where the town of [Investigation No. 731-TA–948 (Review)] PLACE: Room 101, 500 E Street, SW., Suquamish is currently located to the Washington, DC 20436, Telephone: Individually Quick Frozen Red Suquamish tribe. The town of (202) 205–2000. Raspberries From Chile Suquamish is located less than a mile STATUS: Open to the public. from the Old Man House site. AGENCY: United States International MATTERS TO BE CONSIDERED: Descendants of the Suquamish are Trade Commission. 1. Agenda for future meetings: none. members of the Suquamish Indian Tribe ACTION: Termination of five-year review. 2. Minutes. of the Port Madison Reservation, 3. Ratification List. Washington. Based on geographical, SUMMARY: The subject five-year review 4. Inv. Nos. 701–TA–449 and 731– archeological, historic, ethnographic, was initiated in June 2007 to determine TA–1118–1121 (Preliminary) (Light- and morphological evidence, the human whether revocation of the antidumping Walled Rectangular Pipe and Tube from remains are determined to be Native duty order on individually quick frozen China, Korea, Mexico, and Turkey)— American and culturally affiliated with red raspberries from Chile would be briefing and vote. (The Commission is the Suquamish Indian Tribe of the Port likely to lead to continuation or currently scheduled to transmit its Madison Reservation, Washington. recurrence of material injury. On July determination to the Secretary of Officials of the Burke Museum have 20, 2007, the Department of Commerce Commerce on or before August 13, 2007; determined that, pursuant to 25 U.S.C. published notice that it was revoking Commissioners’ opinions are currently 3001 (9–10), the human remains the order effective July 9, 2007, ‘‘{b} scheduled to be transmitted to the

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Secretary of Commerce on or before information are encouraged. Your Planning Staff, Patrick Henry Building, August 20, 2007.) comments should address one or more Suite 1600, 601 D Street NW., 5. Inv. Nos. 701–TA–450 and 731– of the following four points: Washington, DC 20530. TA–1122 (Preliminary) (Laminated —Evaluate whether the proposed Dated: July 24, 2007. Woven Sacks from China)—briefing and collection of information is necessary Lynn Bryant, vote. (The Commission is currently for the proper performance of the scheduled to transmit its determination Department Clearance Officer, PRA, functions of the agency, including Department of Justice. to the Secretary of Commerce on or whether the information will have before August 13, 2007; Commissioners’ [FR Doc. E7–14603 Filed 7–27–07; 8:45 am] practical utility; BILLING CODE 4410–14–P opinions are currently scheduled to be —Evaluate the accuracy of the agencies transmitted to the Secretary of estimate of the burden of the Commerce on or before August 20, proposed collection of information, DEPARTMENT OF JUSTICE 2007.) including the validity of the 6. Outstanding action jackets: None. methodology and assumptions used; Drug Enforcement Administration In accordance with Commission —Enhance the quality, utility, and policy, subject matter listed above, not clarity of the information to be Importer of Controlled Substances; disposed of at the scheduled meeting, collected; and Notice of Application may be carried over to the agenda of the —Minimize the burden of the collection following meeting. Pursuant to 21 U.S.C. 958(i), the of information on those who are to Attorney General shall, prior to issuing Issued: July 26, 2007. respond, including through the use of a registration under this Section to a By order of the Commission. appropriate automated, electronic, bulk manufacturer of a controlled William R. Bishop, mechanical, or other technological substance in schedule I or II and prior Hearings and Meetings Coordinator. collection techniques or other forms to issuing a registration under 21 U.S.C. [FR Doc. E7–14711 Filed 7–27–07; 8:45 am] of information technology, e.g., 952(a)(2) authorizing the importation of permitting electronic submission of BILLING CODE 7020–02–P such a substance, provide responses. manufacturers holding registrations for Overview of this information the bulk manufacture of the substance DEPARTMENT OF JUSTICE collection: an opportunity for a hearing. (1) Type of Information Collection: Therefore, in accordance with 21 CFR [OMB Number 1123–NEW] Existing collection in use without an 1301.34(a), this is notice that on June 6, OMB control number. Criminal Division; Agency Information 2007, Wildlife Laboratories, 1401 Duff (2) Title of the Form/Collection: Drive, Suite 400, Fort Collins, Colorado Collection Activities; Proposed Request for Registration under the Collection; Comments Requested 80524, made application by renewal to Gambling Devices Act. Form will be the Drug Enforcement Administration available in paper and web-based ACTION: 60-Day Notice of Information (DEA) to be registered as an importer of format. Collection Under Review: Request for Etorphine Hydrochloride (9059),a basic (3) Agency form number, if any, and registration under the Gambling Devices class of controlled substance listed in the applicable component of the Act of 1962. schedule II. Department of Justice sponsoring the The company plans to import the The Department of Justice (DOJ), collection: Form Number: None. listed controlled substance for sale to its Criminal Division, has submitted the Sponsoring component: Criminal customers. following information collection request Division, Department of Justice. Any bulk manufacturer who is to the Office of Management and Budget (4) Affected public who will be asked presently, or is applying to be, (OMB) for review and approval in or required to respond, as well as a brief registered with DEA to manufacture accordance with the Paperwork abstract: Primary: Business or other for- such basic class of controlled substance Reduction Act of 1995. The proposed profit. Other: Not-for-profit institutions, may file comments or objections to the information collection is published to individuals or households, Federal issuance of the proposed registration obtain comments from the public and Government, and State, Local or Tribal and may, at the same time, file a written affected agencies. Comments are Government. The form can be used by request for a hearing on such encouraged and will be accepted for any entity required to register under the application pursuant to 21 CFR 1301.43 ‘‘sixty days’’ until September 28, 2007. Gambling Devices Act of 1962 (15 and in such form as prescribed by 21 This process is conducted in accordance U.S.C. 1171–1178). CFR 1316.47. with 5 CFR 1320.10. (5) An estimate of the total number of Any such comments or objections If you have comments especially on respondents and the amount of time being sent via regular mail should be the estimated public burden or estimated for an average respondent to addressed, in quintuplicate, to the Drug associated response time, suggestions, respond: It is estimated that 2,400 Enforcement Administration, Office of or need a copy of the proposed respondents will complete each form Diversion Control, Federal Register information collection instrument with within approximately 5 minutes. Representative (ODL), Washington, DC instructions or additional information, (6) An estimate of the total public 20537, or any being sent via express please contact Wendy Stebbing, U.S. burden (in hours) associated with the mail should be sent to Drug Department of Justice, 950 Pennsylvania collection: There are an estimated 200 Enforcement Administration, Office of Avenue NW., Criminal Division, Office total annual burden hours associated Diversion Control, Federal Register of Enforcement Operations, JCK with this collection. Representative (ODL), 2401 Jefferson Building Room 1042, Washington, DC If additional information is required Davis Highway, Alexandria, Virginia 20530–0001. contact: Lynn Bryant, Department 22301; and must be filed no later than Written comments and suggestions Clearance Officer, United States August 29, 2007. from the public and affected agencies Department of Justice, Justice This procedure is to be conducted concerning the proposed collection of Management Division, Policy and simultaneously with, and independent

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of, the procedures described in 21 CFR The OMB is particularly interested in Description: The purpose of the 1301.34(b), (c), (d), (e) and (f). As noted comments which: information collection requirements in in a previous notice published in the • Evaluate whether the proposed 29 CFR 1910.179 is to prevent death and Federal Register on September 23, 1975, collection of information is necessary serious injuries among employees by (40 FR 43745–46), all applicants for for the proper performance of the ensuring that all critical components of registration to import a basic class of functions of the agency, including the crane are inspected and tested on a any controlled substances in schedule I whether the information will have periodic basis and that the crane is not or II are and will continue to be required practical utility; used to lift loads beyond its rated to demonstrate to the Deputy Assistant • Evaluate the accuracy of the capacity. Administrator, Office of Diversion agency’s estimate of the burden of the AGENCY: Department of Labor / Control, Drug Enforcement proposed collection of information, Occupational Safety and Health Administration, that the requirements including the validity of the Administration. for such registration pursuant to 21 methodology and assumptions used; Type of Review: Extension without U.S.C. 958(a); 21 U.S.C. 823(a); and 21 • Enhance the quality, utility, and change of currently approved collection. CFR 1301.34(b), (c), (d), (e) and (f) are clarity of the information to be Title: Standard on Mechanical Power satisfied. collected; and Presses (29 CFR 1910.217(e)(1)(i) and • Minimize the burden of the (e)(1)(ii)). Dated: July 24, 2007. collection of information on those who OMB Control Number: 1218–0229. Joseph T. Rannazzisi, are to respond, including through the Estimated Number of Respondents: Deputy Assistant Administrator, Office of use of appropriate automated, 295,000. Diversion Control, Drug Enforcement electronic, mechanical, or other Estimated Total Burden Hours: Administration. technological collection techniques or 1,373,054. [FR Doc. E7–14648 Filed 7–27–07; 8:45 am] other forms of information technology, Affected Public: Private sector: BILLING CODE 4410–09–P e.g., permitting electronic submission of Business or other for-profits. responses. Description: The inspection and AGENCY: Department of Labor / certification records required by the DEPARTMENT OF LABOR Occupational Safety and Health Mechanical Power Presses Standard are Administration. intended to ensure that mechanical Office of the Secretary Type of Review: Extension without power presses are in safe operating change of currently approved collection. condition, and that all safety devices are Submission for OMB Review: Title: Crawler, Locomotive, and Truck working properly. The failure of these Comment Request Cranes Standard (29 CFR 1910.180). safety devices could cause serious OMB Control Number: 1218–0221. injury or death to an employee. July 19, 2007. Estimated Number of Respondents: Darrin A. King, The Department of Labor has 20,000. submitted the following public Estimated Total Burden Hours: Acting Departmental Clearance Officer. information collection requests (ICR) to 174,062. [FR Doc. E7–14349 Filed 7–27–07; 8:45 am] the Office of Management and Budget Affected Public: Private sector: BILLING CODE 4510–26–P (OMB) for review and approval in Business or other for-profits. accordance with the Paperwork Description: The information Reduction Act of 1995 (Pub. L. 104–13, collection requirements contained in 29 NUCLEAR REGULATORY 44 U.S.C. chapter 35). Copies of these CFR 1910.180 require that monthly COMMISSION ICRs, with applicable supporting inspections be performed on cranes and [Docket No. 70–143, License No. SNM–124] documentation; including inter alia a running ropes and that a certification description of the likely respondents, record be prepared. Ropes which have Nuclear Fuel Services, Inc.; Notice of proposed frequency of response, and been idle for a month or more are Publication of Confirmatory Order and estimated total burden may be obtained required to undergo a thorough Opportunity for Hearing from the RegInfo.gov Web site at inspection and a certification record http://www.reginfo.gov/public/do/ must be generated. The purpose of each The attached Confirmatory Order was PRAMain or by contacting Darrin King of these requirements is to prevent issued on February 21, 2007. Although, on 202–693–4129 (this is not a toll-free employees from using unsafe cranes and originally, designated as Official Use number) / e-mail: [email protected]. ropes, thereby, reducing their risk of Only, upon further review by NRC Staff, Comments should be sent to Office of death or serious injury caused by a it has been determined that this Information and Regulatory Affairs, crane or rope failure during material Confirmatory Order can now be released Attn: John Kraemer, OMB Desk Officer handling. publicly in its entirety, given that it for the Occupational Safety and Health AGENCY: Department of Labor / does not identify current security issues. Administration (OSHA), Office of Occupational Safety and Health Accordingly, it is being published in the Management and Budget, 725 17th Administration. Federal Register to ensure that adequate Street, NW., Room 10235, Washington, Type of Review: Extension without notice has been given of an opportunity DC 20503, Telephone: 202–395–4816 / change of currently approved collection. to request a hearing on the Confirmatory Fax: 202–395–6974 (these are not a toll- Title: Overhead and Gantry Cranes Order. The effective date of the free numbers), E-mail: Standard (29 CFR 1910.179). Confirmatory Order remains February [email protected] within 30 OMB Control Number: 1218–0224. 21, 2007, and its publication in the days from the date of this publication in Estimated Number of Respondents: Federal Register does not impose any the Federal Register. In order to ensure 35,000. new or different requirements on the the appropriate consideration, Estimated Total Burden Hours: licensee. Requests for hearing from comments should reference the 360,144. anyone other than the licensee must be applicable OMB Control Number (see Affected Public: Private sector: filed within 20 days of the date of below). Business or other for-profits. publication of this Notice in accordance

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with Section VI of the Confirmatory (SOP) 409, Caustic and Condensate Preparation Facility, Revision 3, April Order. Discard Tank, Revision 2 (EA–06–141). 29, 2005, Section 4.1.2, and Procedure For the Nuclear Regulatory Commission. D. On March 4, June 30, and NFS–GH–65, Problem Identification, November 9, 2005, and on May 13, Dated this 18th day of July 2007. Revision 3, October 6, 2005, Section 5.1; 2006, NFS failed to secure or properly and (8) the failure to assure the William D. Travers, attend Special Nuclear Material, as requirements in 10 CFR 70.61(d) were Regional Administrator. required by the NFS Physical Protection met, in that the solvent extraction room Attachment—In the Matter of Nuclear Plan (PPP), Revision 2, Section 5.8; did not meet performance requirements Fuel Services, Inc., Erwin, Tennessee; Storage of Strategic SNM, Subsection for criticality safety with respect to the Confirmatory Order Modifying License 5.8.3, Process Material Access Areas credible abnormal condition of fissile (Effective Immediately) (EA–06–160). solution accumulation on the solvent E. On March 6, 2006, NFS extraction room floor because there I inadvertently transferred high enriched were no controls available to prevent a Nuclear Fuel Services, Incorporated uranyl nitrate (HEUN) solution into an spill of fissile solution from (Licensee) is the holder of Special enclosure that was not approved for accumulating into an unsafe geometry Nuclear Materials License No. SNM–124 operation. The violations involved: (1) in the elevator pit (EA–06–179). issued by the Nuclear Regulatory The failure to establish management F. On August 1, 2005, two security Commission (NRC or Commission) measures for the solvent extraction tray officers willfully failed to conduct a pursuant to 10 CFR Part 70 on July 2, dissolver filter enclosure drain system vehicle search, as required by NRC 1999. The license authorizes the as required by 10 CFR 70.62(d), which Interim Compensatory Measure Order, operation of NFS (facility) in accordance resulted in the failure to ensure that the Attachment 1, Section B, dated August with the conditions specified therein. filter enclosure met performance 21, 2002, and the NFS PPP, Revision 2, The facility is located on the Licensee’s requirements of 10 CFR 70.61(d) for Module 6, Access Control Subsystems site in Erwin, Tennessee. limiting the risk of a nuclear criticality and Procedures, Subsection 6.2, Access This Confirmatory Order is the result accident under the credible abnormal Control at the Owner Controlled Area of an agreement reached during condition; (2) the failure to notify the (EA–06–182). alternative dispute resolution (ADR) NRC within one hour of discovery of an III sessions conducted on September 28 event that constituted a condition and November 30, 2006. whereby the licensee recognized that a On September 28 and November 30, spill of HEUN solution had occurred 2006, the NRC and NFS met in ADR II into an unapproved and unfavorable sessions facilitated by a professional Recent NRC inspections and geometry enclosure and that no safety mediator, arranged through Cornell investigations at NFS have resulted in controls or items relied on for safety University’s Institute on Conflict the identification of the following (IROFS) were available and reliable to Resolution. ADR is a process by which apparent violations for which escalated prevent a nuclear criticality accident, as a neutral mediator, with no decision- enforcement action is being considered: required by 10 CFR 70, Appendix A, making authority, assists the parties in A. On June 22, 2005, an NFS (a)(4)(ii); (3) the failure to establish a reaching an agreement to resolve their supervisor willfully failed to wear a full configuration management system to differences regarding a dispute. face respirator while performing evaluate, implement, and track changes During the ADR sessions, the parties maintenance and repairs on a Building to the filter enclosure M205 as required discussed the apparent violations and 302 calciner as required by Safety by 10 CFR 70.72(a); (4) the failure to NFS’s overall enforcement history. Condition S–1 of Special Nuclear verify proper installation of the solvent Given the number and repetitive nature Materials License No. SNM–124, extraction tray dissolver filter enclosure of some of the apparent violations, the Section 3.1.2 and 3.1.3 of the License drains, as required by Safety Condition parties acknowledged that: (1) Past Application, Procedure NFS–GH–03, S–1 of the license and license disposition of violations via the ‘‘Radiation Work Permits, Revision 11, application License Application Section enforcement policy had not resulted in and Standard Radiation Work Permit 4.1.1.1.3; (5) the failure to assume in NFS’s development of corrective actions (RWP # 05–04–032) (EA–06–129). NCS analysis for the tray dissolver capable of preventing recurrence of B. On March 8, 2006, NFS failed to system as required by the license and violations; (2) a deficient safety culture meet the performance requirements of license application Section 4.1.1, that a at NFS appeared to be a contributor to Section IV of a July 2000 Confirmatory credible abnormal condition could the recurrence of violations; and (3) a Order Modifying License and NFS occur, specifically fissile solution being comprehensive, third party review and Safeguards Contingency Response Plan, misdirected from the solvent extraction assessment of the safety culture at NFS Revision 0; dated October 26, 2004; feed transfer line to the tray dissolver represented the best approach for the Section 3.3, Module 3, subparagraph filter enclosure, as required by the identification and development of 3.3.1, during a force-on-force exercise license and license application Section focused, relevant and lasting corrective (EA–06–133). 4.1.1; (6) the failure to conduct SNM actions. C. On May 31, 2005, an NFS acting operations and safety function activities With these considerations in mind, building manager willfully transferred with procedures, as required by Safety the following agreement was reached as solvent extraction raffinate waste Condition S–1 of the license and documented in this Confirmatory Order: solution to the condensate waste storage Section 2.7 of the license application; A. NFS will conduct, via a third- area, Tank–5A01, without the approval (7) the failure to report to plant party, an independent safety culture of Building Supervision, Industrial management, the discovery of previous assessment(s) within the parameters Safety or NCS through work instances of yellow solution in described in Section V below. instructions, as required by Safety enclosure 2M05, in accordance with B. Within 60 days of the date of this Condition S–1 of Special Nuclear Safety Condition S–1 of the license, Order, NFS will submit, for NRC Materials License No. SNM–124, Section 2.7 of the license application, approval, a request to amend the license Section 2.7 of the License Application, Procedure NFS–HS–CL–26, Nuclear to revise the configuration management and Standard Operating Procedure Criticality Safety for the BLEU (CM) program. The amendment request

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will include a plan and schedule for hereby ordered, effective immediately, assessment of the safety culture at NFS implementation of the revised program. that license no. SNM–124 is modified as and a plan and schedule for C. The NRC agrees, based on the terms follows: implementing assessment of the agreement, that exercise of 1. For purposes of this agreement, recommendations and actions to Enforcement Discretion is warranted for NFS does not dispute the apparent address identified issues. Upon request the EAs listed in Section II.A through F violations listed in Section II above. by NRC, NFS shall also make available above, and the violations will not be Within 60 days of the date of this Order, the supporting documentation and data cited. NFS will provide NRC written compiled by and/or relied upon by the D. With respect to any potential documentation of the reasons for the third party contractor in making its enforcement action related to securing violations, the corrective actions taken assessment. SNM after the process line shutdown, to and planned to prevent recurrence, and d. An acceptable safety culture the extent the NRC determines that a the completion dates for each corrective implementation plan must include violation occurred, it will be included action. performance-based metrics that will be in the group of apparent violations for 2. The apparent violations associated used to measure the success of the which discretion will be exercised, and with EA–06–179 raise concerns about program. the violation will not be cited. configuration management (CM) that e. NFS will conduct an additional E. The proposed settlement excludes should be within the scope of the safety third-party safety culture assessment other potential escalated enforcement culture improvement program. Within approximately 24 months following the actions, including those that could 60 days of the date of the Order completion (i.e., upon the third party’s result from issues previously identified confirming this agreement, NFS will issuance of the report to NFS) of the in inspection reports and issues under submit, for NRC approval, a request to initial assessment, and provide the review by the NRC’s Office of amend the license to revise the CM report to the NRC. Investigations. However, as part of its management program. The amendment The Director, Office of Enforcement, deliberations, the NRC will consider the request will include a plan and or the Regional Administrator, Region II, extent to which violations that occur schedule for implementation of the may, in writing, relax or rescind any of prior to or during implementation of the revised program. the above conditions upon safety culture assessment, but no longer 3. NFS will conduct, via a third-party, demonstration by the Licensee of good than 24 months from the date of this an independent safety culture cause. assessment(s), which includes nuclear Order, are the result of safety culture VI deficiencies, such that NFS’s material security, within the following implementation of the comprehensive parameters: Any person adversely affected by this Confirmatory Order, other than the safety culture initiative warrants a. Within 90 days of the date of the Licensee, may request a hearing within mitigation or other adjustment in any order confirming this agreement, NFS 20 days of its issuance. Where good resultant enforcement actions. will identify contractor(s) for On January 9, 2007, the Licensee performing the independent third party cause is shown, consideration will be consented to issuance of this Order with safety culture assessment, will submit to given to extending the time to request a the commitments, as described in NRC the name(s) and qualifications of hearing. A request for extension of time Section V below. The Licensee further the contractor(s) specifically, the must be made in writing to the Director, agreed that this Order is to be effective experience of the contractor(s) in Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, upon issuance and the Licensee has conducting a safety culture assessment, DC 20555–0001, and include a waived its right to a hearing. and will submit a plan and schedule for performing the safety culture statement of good cause for the IV assessment developed by the extension. Any request for a hearing Since the licensee has agreed to take independent third party. The shall be submitted to the Secretary, U.S. additional actions to address NRC assessment shall include the 13 safety Nuclear Regulatory Commission, ATTN: concerns, as set forth in Section III culture components discussed in the Chief, Rulemaking and Adjudications above, the NRC has concluded that its NRC’s Regulatory Issue Summary 2006– Staff, Washington, DC 20555–0001. concerns can be resolved through 013, dated July 31, 2006, and the Copies of the hearing request shall also confirmation of the Licensee’s commitments NFS made at the be sent to the Director, Office of commitments as outlined in this Order. management meeting with NRC on Enforcement, U.S. Nuclear Regulatory I find that the Licensee’s September 18, 2006. The NRC will Commission, Washington, DC 20555– commitments as set forth in Section V inform its review of NFS’s submittal 0001, to the Assistant General Counsel are acceptable and necessary and using the relevant guidance contained for Materials Litigation and Enforcement conclude that with these commitments, in NRC Inspection Procedure (IP) 95003 at the same address, to the Regional the public health and safety are specifically, Sections 02.07–02.09, Administrator, NRC Region II, 61 reasonably assured. In view of the 03.07–03.09, and Enclosures A–F. NFS Forsyth Street, SW., Atlanta, Georgia foregoing, I have determined that public will not be bound by any specific 30303, and to the Licensee. Because of health and safety require that the provision of the NRC guidance potential disruptions in delivery of mail Licensee’s commitments be confirmed document. to United States Government offices, it by this Order. Based on the above and b. Within 270 days of the date of this is requested that answers and requests the Licensee’s consent, this Order is Confirmatory Order, the independent for hearing be transmitted to the immediately effective upon issuance. third party will complete its safety Secretary of the Commission either by culture assessment. means of facsimile transmission to 301– V c. Ninety (90) days following 415–1101 or by e-mail to Accordingly, pursuant to Sections 51, completion (i.e., upon the third party’s [email protected] and also to the 53, 161b, 161i, 161o, 182 and 186 of the issuance of the report to NFS) of the Office of the General Counsel either by Atomic Energy Act of 1954, as amended, safety culture assessment, NFS shall means of facsimile transmission to 301– and the Commission’s regulations in 10 provide NRC the third party contractor’s 415–3725 or by e-mail to CFR 2.202 and 10 CFR Part 70, it is report documenting its findings and [email protected]. If a person

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other than the licensee requests a Institute (NEI) and other stakeholders on MATTERS TO BE CONSIDERED: Agency hearing, that person shall set forth with June 14, 2007, to discuss certain issues organization—whether to alter names of particularity the manner in which his related to implementation of Subpart H the Office of Rates, Analysis and interest is adversely affected by this of 10 CFR Part 70: (1) Appendix A to Planning and Office of Public Affairs Order and shall address the criteria set Part 70, Reportable safety events, (2) and Governmental Relations to better forth in 10 CFR 2.309(d) and (f). refinement of the definition of uranium reflect functions and responsibilities. If the hearing is requested by a person solubility under Part 70, 3) use of digital CONTACT PERSON FOR MORE INFORMATION: whose interest is adversely affected, the instrumentation and control (I&C) in Stephen L. Sharfman, General Counsel, Commission will issue an Order safety and process settings, (4) § 70.72 Postal Regulatory Commission, 901 New designating the time and place of any Facility changes and change process, York Avenue, NW., Suite 200, hearing. If a hearing is held, the issue to and (5) possible revisions to the NRC Washington, DC 20268–0001, 202–789– be considered at such hearing shall be Enforcement Policy. 6820. whether this Confirmatory Order should Small working groups comprised of Dated: Thursday, July 26, 2007. be sustained. NRC and industry representatives, as In the absence of any request for well as members of the public, will be Garry J. Sikora hearing, or written approval of an formed to address four of the five issues. Acting Secretary. extension of time in which to request a The use of digital I&C in fuel cycle [FR Doc. 07–3721 Filed 7–26–07; 12:52 pm] hearing, the provisions specified in safety and process settings will not be BILLING CODE 7710–FW–M Section V above shall be final 20 days addressed since it is part of a larger from the date of this Order without NRC/NEI effort involving use of digital further order or proceedings. If an I&C in the commercial nuclear industry. SECURITIES AND EXCHANGE extension of time for requesting a The goal of the working groups is to COMMISSION hearing has been approved, the develop regulatory guidance which provisions specified in Section V shall would ultimately be approved by the Proposed Collection; Comment be final when the extension expires if a NRC. Request hearing request has not been received. II. Summary An answer or a request for hearing Extension: shall not stay the immediate The purpose of this notice is to Form N–8F; SEC File No. 270–136; OMB effectiveness of this order. provide the public an opportunity to Control No. 3235–0157. For the Nuclear Regulatory Commission. participate as members of the working Notice is hereby given that pursuant Dated this 21st day of February 2007. groups. The number of persons to the Paperwork Reduction Act of 1995 participating in these groups will be (44 U.S.C. 3501 et seq.) the Securities Victor M. McCree for William D. Travers, limited to one or two; therefore, the first Regional Administrator. and Exchange Commission one or two person expressing interest in (‘‘Commission’’) is soliciting comments [FR Doc. 07–3702 Filed 7–27–07; 8:45 am] a particular group will have priority for on the collection of information BILLING CODE 7590–01–P participation. However, all meetings of summarized below. The Commission these working groups will be open to plans to submit this existing collection the public and notice of these meetings of information to the Office of NUCLEAR REGULATORY will be posted on the NRC Web site. To COMMISSION Management and Budget (‘‘OMB’’) for express interest in participating in one extension and approval. or more of these working groups, please Solicitation of Interest for Participation Form N–8F (17 CFR 274.218) is the respond to the staff contact listed above in U.S. Nuclear Regulatory form prescribed for use by registered by August 20, 2007. Commission/Nuclear Energy Institute investment companies in certain Working Groups Dated at Rockville, Maryland this 19th day circumstances to request orders of the of July 2007. Commission declaring that the AGENCY: Nuclear Regulatory For the Nuclear Regulatory Commission. registration of that investment company Commission. Margie Kotzalas, ceases to be in effect. The form requests, ACTION: Solicitation of interest in Chief, MOX Branch, Special Projects and from investment companies seeking a working group participation. Technical Support Directorate, Division of deregistration order, information about Fuel Cycle Safety, and Safeguards, Office of (i) The investment company’s identity, FOR FURTHER INFORMATION CONTACT: Nuclear Material Safety, and Safeguards. (ii) the investment company’s James Smith, Project Manager, [FR Doc. E7–14649 Filed 7–27–07; 8:45 am] distributions, (iii) the investment Technical Support Branch, Special BILLING CODE 7590–01–P company’s assets and liabilities, (iv) the Projects and Technical Support events leading to the request to Directorate, Division of Fuel Cycle deregister, and (v) the conclusion of Safety and Safeguards, Office of Nuclear business. The information is needed by Material Safety and Safeguards, U.S. POSTAL REGULATORY COMMISSION the Commission to determine whether Nuclear Regulatory Commission, MS an order of deregistration is appropriate. EBB2–C40M, Washington, DC 20555– Sunshine Act Meetings The Form takes approximately 3 0001. Telephone: (301) 492–3234; fax hours on average to complete. It is number: (301) 492–6521; e-mail: NAME OF AGENCY: Postal Regulatory Commission. estimated that approximately 251 [email protected]. investment companies file Form N–8F TIME AND DATE: Tuesday, July 31, 2007 SUPPLEMENTARY INFORMATION: annually, so that the total annual at 11:45 a.m. burden for the form is estimated to be I. Introduction PLACE: Commission conference room 753 hours. The estimate of average The U.S. Nuclear Regulatory 901 New York Avenue, NW., Suite 200, burden hours is made solely for the Commission (NRC) held a public Washington, DC 20268–0001. purposes of the Paperwork Reduction workshop with the Nuclear Energy STATUS: Open. Act and is not derived from a

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comprehensive or even a representative and holidays) prior to its use.1 minimize the burden of the collection of survey or study. Regulation E allows the exemption of information on respondents, including Written comments are requested on: securities issued by a small business through the use of automated collection (a) Whether the collections of investment company (‘‘SBIC’’) which is techniques or other forms of information information are necessary for the proper registered under the Investment technology. Consideration will be given performance of the functions of the Company Act of 1940 (‘‘Investment to comments and suggestions submitted Commission, including whether the Company Act’’) (15 U.S.C. 80a–1 et seq.) in writing within 60 days of this information has practical utility; (b) the or a closed-end investment company publication. accuracy of the Commission’s estimate that has elected to be regulated as a Please direct your written comments of the burdens of the collection of business development company to R. Corey Booth, Director/Chief information; (c) ways to enhance the (‘‘BDC’’) under the Investment Company Information Officer, Securities and quality, utility and clarity of the Act from registration under the Exchange Commission, C/O Shirley information collected; and (d) ways to Securities Act of 1933 (‘‘Securities Act’’) Martinson, 6432 General Green Way, minimize the burden of the collection of (15 U.S.C. 77a et seq.), so long as the Alexandria, VA 22312 or send an e-mail information on respondents, including aggregate offering price of all securities to: [email protected]. through the use of automated collection of the issuer that may be sold within a Dated: July 23, 2007. 12-month period does not exceed techniques or other forms of information Florence E. Harmon, $5,000,000 and certain other conditions technology. Consideration will be given Deputy Secretary. to comments and suggestions submitted are met. Commission staff reviews sales [FR Doc. E7–14628 Filed 7–27–07; 8:45 am] in writing within 60 days of this material filed under rule 607 for publication. materially misleading statements and BILLING CODE 8010–01–P Please direct your written comments omissions. The requirements of rule 607 are designed for investor protection. to R. Corey Booth, Director/Chief Respondents to this collection of SECURITIES AND EXCHANGE Information Officer, Securities and information include SBICs and BDCs COMMISSION Exchange Commission, C/O Shirley making an offering of securities Martinson, 6432 General Green Way, pursuant to Regulation E. Each Proposed Collection; Comment Alexandria, Virginia 22312; or send an respondent’s reporting burden under Request e-mail to: [email protected]. rule 607 relates to the burden associated Upon Written Request, Copy Available Dated: July 23, 2007. with filing its sales material From: Securities and Exchange Florence E. Harmon, electronically. The burden of filing Commission, Office of Investor Deputy Secretary. electronically, however, is negligible Education and Assistance, [FR Doc. E7–14563 Filed 7–27–07; 8:45 am] and there have been no filings made Washington, DC 20549–0213. under this rule, so this collection of BILLING CODE 8010–01–P Extension: information does not impose any Form S–6; SEC File No. 270–181; OMB burden on the industry. The estimate of Control No. 3235–0184. SECURITIES AND EXCHANGE average burden hours is made solely for COMMISSION purposes of the Paperwork Reduction Notice is hereby given that, pursuant Act and is not derived from a to the Paperwork Reduction Act of 1995 Proposed Collection; Comment quantitative, comprehensive, or even (44 U.S.C. 3501 et seq.), the Securities Request representative survey or study of the and Exchange Commission burdens associated with Commission (‘‘Commission’’) is soliciting comments Upon Written Request, Copies Available rules and forms. on the collection of information From: Securities and Exchange The requirements of this collection of summarized below. The Commission Commission, Office of Investor information are mandatory. Responses plans to submit this existing collection Education and Assistance, will not be kept confidential. An agency of information to the Office of Washington, DC 20549–0213. may not conduct or sponsor, and a Management and Budget (‘‘OMB’’) for Existing Collection; New OMB Control No.: person is not required to respond to a extension and approval. Rule 607; SEC File No. 270–568; OMB collection of information unless it The title for the collection of Control No. 3235–xxxx. displays a currently valid control information is ‘‘Form S–6 (17 CFR 239.16), for Registration under the Notice is hereby given that pursuant to number. Written comments are invited on: (a) Securities Act of 1933 of Securities of the Paperwork Reduction Act of 1995 Unit Investment Trusts Registered on (44 U.S.C. 3501 et seq.) the Securities Whether the proposed collection of information is necessary for the proper Form N–8B–2 (17 CFR 274.13).’’ Unit and Exchange Commission (the investment trusts offering their ‘‘Commission’’) is soliciting performance of the functions of the agency, including whether the securities to the public are required by comments on the collection of two separate statutes to file registration information summarized below. The information will have practical utility; (b) the accuracy of the agency’s estimate statements with the Commission. They Commission plans to submit this are required to register their securities collection of information to the Office of the burden of the collection of information; (c) ways to enhance the under the Securities Act of 1933 (15 of Management and Budget (‘‘OMB’’) U.S.C. 77a et seq.) (‘‘Securities Act’’), for approval. quality, utility, and clarity of the information collected; and (d) ways to and to register as investment companies Rule 607 under Regulation E (17 CFR under the Investment Company Act of 230.607) entitled, ‘‘Sales material to be 1 Sales material includes advertisements, articles 1940 (15 U.S.C. 80a–1 et seq.) filed,’’ requires sales material used in or other communications to be published in (‘‘Investment Company Act’’). connection with securities offerings newspapers, magazines, or other periodicals; radio Form S–6 is used for registration under Regulation E (17 CFR 230.601 to and television scripts; and letters, circulars or other written communications proposed to be sent given under the Securities Act of the 610a) to be filed with the Commission or otherwise communicated to more than ten securities of any unit investment trust at least five days (excluding weekends persons. that is registered under the Investment

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Company Act on Form N–8B–2.1 A the costs of Commission rules and Rule 0–4 (17 CFR 275.0–4) under the separate registration statement under forms. Investment Advisers Act of 1940 (‘‘Act’’ the Securities Act must be filed for each The collection of information on Form or ‘‘Advisers Act’’) (15 U.S.C. 80b–1 et series of units issued by the trust. Form S–6 is mandatory. The information seq.) entitled ‘‘General Requirements of S–6 consists of, among other things, a provided on Form S–6 is not kept Papers and Applications,’’ prescribes prospectus, certain written consents, an confidential. An Agency may not general instructions for filing an undertaking to file supplementary conduct or sponsor, and a person is not application seeking exemptive relief information, and certain exhibits required to respond to, a collection of with the Commission. Rule 0–4 containing financial and other information unless it displays a currently requires that every application information required in the registration currently valid OMB control number. for an order for which a form is not statement but not required to appear in Written comments are invited on: (a) specifically prescribed and which is the prospectus. Whether the proposed collection of executed by a corporation, partnership Section 10(a)(3) of the Securities Act information is necessary for the proper or other company and filed with the (15 U.S.C. 77j(a)(3)) provides, in performance of the functions of the Commission contain a statement of the pertinent part, that when a prospectus is agency, including whether the applicable provisions of the articles of used more than nine months after the information will have practical utility; incorporation, bylaws or similar effective date of the registration (b) the accuracy of the agency’s estimate documents, relating to the right of the statement, the information contained of the burden of the collection of person signing and filing such therein shall be as of a date not more information; (c) ways to enhance the application to take such action on behalf than sixteen months prior to such use. quality, utility, and clarity of the of the applicant, and a statement that all As a result, most unit investment trusts information collected; and (d) ways to such requirements have been complied that are registered under the Investment minimize the burden of the collection of with and that the person signing and Company Act on Form N–8B–2 update information on respondents, including filing the application is fully authorized their registration statements on Form S– through use of automated collection to do so. If such authorization is 6 on an annual basis so that their techniques or other forms of information dependent on resolutions of sponsors may continue to maintain a technology. Consideration will be given stockholders, directors, or other bodies, secondary market in the units. to comments and suggestions submitted such resolutions must be attached as an in writing within 60 days of this exhibit to or quoted in the application. The purpose of the registration Any amendment to the application must statement on Form S–6 is to provide publication. Please direct your written comments contain a similar statement as to the disclosure of financial and other to R. Corey Booth, Director/Chief applicability of the original statement of information that investors may use to Information Officer, Securities and authorization. When any application or make informed decisions regarding the Exchange Commission, C/O Shirley amendment is signed by an agent or merits of the securities offered for sale. Martinson, 6432 General Green Way, attorney, rule 0–4 requires that the To that end, unit investment trusts that Alexandria, Virginia 22312; or send an power of attorney evidencing his are registered under the Investment e-mail to: [email protected]. authority to sign shall state the basis for Company Act on Form N–8B–2 must the agent’s authority and shall be filed Dated: July 23, 2007. furnish to investors a prospectus with the Commission. Every application containing pertinent information set Florence E. Harmon, subject to rule 0–4 must be verified by forth in the registration statement. The Deputy Secretary. the person executing the application by Commission reviews registration [FR Doc. E7–14629 Filed 7–27–07; 8:45 am] providing a notarized signature in statements filed on Form S–6 to ensure BILLING CODE 8010–01–P substantially the form specified in the adequate disclosure is made to rule. Each application subject to rule 0– investors. 4 must state the reasons why the The Commission estimates that each SECURITIES AND EXCHANGE applicant is deemed to be entitled to the year unit investment trusts file COMMISSION action requested with a reference to the approximately 1,353 Forms S–6. It is provisions of the Act and rules estimated that preparing Form S–6 Proposed Collection; Comment thereunder, the name and address of requires a unit investment trust to spend Request each applicant, and the name and approximately 35 hours so that the total Upon Written Request, Copies Available address of any person to whom any burden of preparing Form S–6 for all From: Securities and Exchange questions regarding the application affected unit investment trusts is 47,355 Commission, Office of Investor should be directed. Rule 0–4 requires hours. Estimates of average burden Education and Assistance, that a proposed notice of the proceeding hours are made solely for the purposes Washington, DC 20549–0213. initiated by the filing of the application of the Paperwork Reduction Act, and are accompany each application as an not derived from a comprehensive or Existing Collection; New OMB Control No.: exhibit and, if necessary, be modified to Rule 0–4; SEC File No. 270–569; OMB even a representative survey or study of Control No. 3235–xxxx. reflect any amendment to the application. 1 Form N–8B–2 is the form used by unit Notice is hereby given that pursuant The requirements of rule 0–4 are investment trusts to register as investment to the Paperwork Reduction Act of 1995 designed to provide Commission staff companies under the Investment Company Act (44 U.S.C. 3501 et seq.) the Securities with the necessary information to assess (except for unit investment trusts that are insurance and Exchange Commission (the whether granting the orders of company separate accounts issuing variable annuity or variable life insurance contracts, which instead ‘‘Commission’’) is soliciting comments exemption are necessary and register on Form N–4 and Form N–6, respectively). on the collection of information appropriate in the public interest and The form requires that certain material information summarized below. The Commission consistent with the protection of about the trust, its sponsor, its trustees, and its plans to submit this collection of investors and the intended purposes of operation be disclosed. The registration on Form N– 8B–2 is a one-time filing that applies to the first information to the Office of the Act. series of the unit investment trust as well as any Management and Budget (‘‘OMB’’) for Applicants for orders under the subsequent series that is issued by the sponsor. approval. Advisers Act can include registered

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investment advisers, affiliated persons Please direct your written comments SUMMARY OF APPLICATION: The Section of registered investment advisers, and to R. Corey Booth, Director/Chief 26 Applicants request an order pursuant entities seeking to avoid investment Information Officer, Securities and to section 26(c) of the 1940 Act, adviser status, among others. Exchange Commission, c/o Shirley approving the proposed substitution of Commission staff estimates that it Martinson, 6432 General Green Way, shares of certain series of the Trust receives approximately 9 applications Alexandria, VA, 22312 or send an e- (which is a registered investment per year submitted under rule 0–4 of the mail to: [email protected]. company that is an affiliate of the Act. Although each application Dated: July 23, 2007. Section 26 Applicants), Franklin typically is submitted on behalf of Templeton Variable Insurance Products Florence E. Harmon, multiple applicants, the applicants in Trust (‘‘Franklin VIT’’) and Variable the vast majority of cases are related Deputy Secretary. Insurance Products Fund II (‘‘Fidelity entities and are treated as a single [FR Doc. E7–14630 Filed 7–27–07; 8:45 am] VIT’’) (together, Franklin VIT and respondent for purposes of this analysis. BILLING CODE 8010–01–P Fidelity VIT, the ‘‘Outside VITs’’) for Most of the work of preparing an shares of other registered investment application is performed by outside companies unaffiliated with the section counsel and, therefore, imposes no SECURITIES AND EXCHANGE 26 Applicants (the ‘‘Substitutions’’), hourly burden on respondents. The cost COMMISSION each of which is currently used as an outside counsel charges applicants underlying investment option for depends on the complexity of the issues [Release No. IC–27909; File No. 812–13346] certain variable annuity contracts and/ covered by the application and the time or variable life insurance policies issued MONY Life Insurance Company of required. Based on conversations with by the Insurance Companies America, et al.; Notice of Application applicants and attorneys, the cost ranges (‘‘Contracts’’).1 The section 17 from approximately $7,000 for July 24, 2007. Applicants also request an order preparing a well-precedented, routine AGENCY: Securities and Exchange pursuant to section 17(b) of the 1940 application to approximately $80,000 to Commission (‘‘SEC’’ or the Act exempting them from section 17(a) prepare a complex or novel application. ‘‘Commission’’). of the 1940 Act to the extent necessary We estimate that the Commission to permit partly in-kind redemptions of ACTION: Notice of application for an receives 2 of the most time-consuming securities issued by certain Removed order pursuant to section 26(c) of the applications annually, 4 applications of Portfolios (as defined herein) and medium difficulty, and 3 of the least Investment Company Act of 1940 purchases of securities issued by certain difficult applications subject to rule 0– (‘‘1940 Act’’), approving certain Replacement Portfolios (as defined 4. This distribution gives a total substitutions of securities and for an herein) (the ‘‘In-Kind Transactions’’) in estimated annual cost burden to order of exemption pursuant to section connection with the Substitutions. 17(b) of the 1940 Act. applicants of filing all applications of FILING DATE: The application was filed $355,000 [(2 × $80,000) + (4 × $43,500) on November 22, 2006, and amended on APPLICANTS: MONY Life Insurance + (3 × $7,000)]. The estimates of annual Company of America (‘‘MLOA’’), MONY July 20, 2007. Applicants have agreed to burden hours and costs are made solely file an amendment during the notice for the purposes of the Paperwork Life Insurance Company (‘‘MONY’’), MONY America Variable Account A period, the substance of which is Reduction Act, and are not derived from contained in this notice. a comprehensive or even representative (‘‘MLOA Separate Account A’’), MONY America Variable Account L (‘‘MLOA HEARING OR NOTIFICATION OF HEARING: survey or study of the costs of An order granting the application will Commission rules and forms. Separate Account L’’) (together, ‘‘MLOA Separate Accounts’’), MONY Variable be issued unless the Commission orders The requirements of this collection of a hearing. Interested persons may information are required to obtain or Account A (‘‘MONY Separate Account A’’), MONY Variable Account L request a hearing by writing to the retain benefits. Responses will not be Secretary of the Commission and kept confidential. An agency may not (‘‘MONY Separate Account L’’) (together, ‘‘MONY Separate Accounts’’), serving Applicants with a copy of the conduct or sponsor, and a person is not request, personally or by mail. Hearing required to respond to a collection of AXA Equitable Life Insurance Company (‘‘AXA Equitable’’), Separate Account A requests should be received by the information unless it displays a Commission by 5:30 p.m. on August 16, currently valid control number. of AXA Equitable (‘‘Separate Account A’’), Separate Account FP of AXA 2007, and should be accompanied by Written comments are invited on: (a) proof of service on Applicants in the Whether the proposed collection of Equitable (‘‘Separate Account FP’’), Separate Account I of AXA Equitable form of an affidavit or, for lawyers, a information is necessary for the proper certificate of service. Hearing requests (‘‘Separate Account I’’), Separate performance of the functions of the should state the nature of the requester’s Account No. 45 of AXA Equitable agency, including whether the interest, the reason for the request, and (‘‘Separate Account 45’’), Separate information will have practical utility; the issues contested. Persons who wish Account No. 49 of AXA Equitable (b) the accuracy of the agency’s estimate to be notified of a hearing may request (‘‘Separate Account 49’’) and Separate of the burden of the collection of notification by writing to the Secretary Account No. 301+ of AXA Equitable information; (c) ways to enhance the of the Commission. quality, utility, and clarity of the (‘‘Separate Account 301+’’) (each, an ADDRESSES: Secretary, Securities and information collected; and (d) ways to ‘‘AXA Equitable Separate Account’’ and Exchange Commission, 100 F Street, minimize the burden of the collection of together, ‘‘AXA Equitable Separate information on respondents, including Accounts’’) (collectively, the ‘‘Section 1 AXA Equitable, MLOA and MONY are through the use of automated collection 26 Applicants’’), Separate Account No. sometimes referred to herein collectively as the techniques or other forms of information 66 of AXA Equitable (‘‘Separate ‘‘Insurance Companies’’ and individually as an technology. Consideration will be given Account 66’’) and EQ Advisors Trust ‘‘Insurance Company.’’ The MLOA Separate to comments and suggestions submitted (the ‘‘Trust’’) (together with the section Accounts, MONY Separate Accounts and AXA Equitable Separate Accounts are sometimes referred in writing within 60 days of this 26 Applicants, the ‘‘section 17 to herein collectively as the ‘‘Separate Accounts’’ publication. Applicants’’). and individually as a ‘‘Separate Account.’’

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NE., Washington, DC 20549–1090. authority granted by MLOA’s Board of (‘‘Manager’’) of each of the Portfolios. Applicants, c/o AXA Financial, Inc., Directors. Each MLOA Separate The Trust has received an exemptive 1290 Avenue of the Americas, New Account is a segregated asset account of order from the Commission (‘‘Multi- York, NY 10104, Attn: Steven M. Joenk, MLOA and is registered with the Manager Order’’) that permits the Senior Vice President. Commission as a unit investment trust Manager, or any entity controlling, FOR FURTHER INFORMATION CONTACT: under the 1940 Act. Units of interest in controlled by, or under common control Sonny Oh, Staff Attorney, or Zandra the MLOA Separate Accounts under the (within the meaning of Section 2(a)(9) of Bailes, Branch Chief, Office of Insurance Contracts are registered under the the 1940 Act) with the Manager, subject Products, Division of Investment Securities Act of 1933, as amended to certain conditions, including Management at (202) 551–6795. (‘‘1933 Act’’). approval of the Board of Trustees of the 5. MONY serves as depositor for SUPPLEMENTARY INFORMATION: The Trust, and without the approval of MONY Separate Account A and MONY shareholders to appoint, dismiss, or following is a summary of the Separate Account L, which fund certain application. The complete application replace investment sub-advisers Contracts. MONY Separate Account A (‘‘Advisers’’) and to amend Investment may be obtained for a fee from the SEC’s and MONY Separate Account L were Public Reference Branch, 100 F Street, Advisory Agreements (‘‘Advisory each established under New York law in Agreements’’).2 If a new Adviser is NE., Room 1580, Washington, DC 20549 1990 pursuant to authority granted by (tel. (202) 551–8090). retained for a Portfolio, Contract owners MONY’s Board of Trustees. Each MONY would receive notice of any such action. Separate Account is a segregated asset Applicants’ Representations 8. The Franklin VIT is organized as a account of MONY and is registered with 1. MLOA is a stock life insurance Massachusetts business trust. It is the Commission as a unit investment company organized in 1969 under the registered as an open-end management trust under the 1940 Act. Units of laws of the State of Arizona. The investment company under the 1940 interest in the MONY Separate principal office of MLOA is located at Act, and its shares are registered under Accounts under the Contracts are 1290 Avenue of the Americas, New registered under the 1933 Act. the 1933 Act on Form N–1A. It was York, NY 10104. MLOA is licensed to 6. AXA Equitable serves as sponsor organized on April 26, 1988. The sell life insurance and annuities in 49 and depositor for Separate Account A, Franklin VIT is a series investment states (not including New York), the Separate Account I, Separate Account company and currently offers 20 District of Columbia, Puerto Rico, and 45, Separate Account 49, Separate separate series. Each Franklin VIT the U.S. Virgin Islands. AXA Financial, Account 301+, Separate Account 66, portfolio is managed by an affiliate of Inc. (‘‘AXA Financial’’) is the parent and Separate Account FP, which fund Franklin Templeton Investments. The company of MLOA. certain Contracts. Separate Account A, Franklin VIT employs Advisers for 2. MONY is a stock life insurance Separate Account I, Separate Account certain of its portfolios, but, to the company organized in 1998 under the 45, Separate Account 49, Separate Applicants’ knowledge, has not been laws of the State of New York. Prior to Account 301+, and Separate Account 66 granted a Multi-Manager Order by the 1998, MONY operated as The Mutual were established in 1968, 1996, 1994, Commission. Life Insurance Company of New York, a 1996, 1981, and 1997, respectively, 9. The Fidelity VIT is organized as a mutual life insurance company. The pursuant to authority granted by AXA Massachusetts business trust. It is principal office of MONY is located at Equitable’s Board of Directors. Separate registered as an open-end management 1290 Avenue of the Americas, New Account FP was established in 1995 investment company under the 1940 York, NY 10104. MONY is licensed to pursuant to authority granted by the Act, and its shares are registered under sell life insurance and annuities in 50 Board of Directors of AXA Equitable in the 1933 Act on Form N–1A. It was states, the District of Columbia, Puerto connection with the merger of Equitable organized on March 21, 1988. The Rico, and the U.S. Virgin Islands. AXA Variable Life Insurance Company with Fidelity VIT is a series investment Financial is the parent company of and into AXA Equitable. Each AXA company and currently offers 6 separate MONY. Equitable Separate Account is a series. Each Fidelity VIT portfolio is 3. AXA Equitable is a New York stock segregated asset account of AXA managed by Fidelity Management & life insurance company that has been in Equitable and, except for Separate Research Company. The Fidelity VIT business since 1859 (including the Account 66, is registered with the employs Advisers for certain of its operations of its predecessors). Its home Commission as a unit investment trust portfolios and has received a Multi- office is located at 1290 Avenue of the under the 1940 Act. Separate Account Manager Order granted by the Americas, New York, New York 10104. 66 is excluded from registration under Commission. AXA Equitable is authorized to sell life the 1940 Act pursuant to section 10. All Contracts allow the Contract insurance and annuities in all fifty 3(c)(11) of the 1940 Act. Units of owners or, in the case of group annuity states, the District of Columbia, Puerto interest in each AXA Equitable Separate Contracts, the participants, to allocate Rico and the Virgin Islands. It maintains Account are registered under the 1933 premium payments by Contract owners local offices throughout the United Act. or contributions by participants among States. AXA Equitable is an investment 7. The Trust is organized as a the variable and any fixed investment adviser registered under the Investment Delaware statutory trust. It is registered options available under the Contracts Advisers Act of 1940, as amended, and as an open-end management investment where contributions by Contract owners is a wholly owned subsidiary of AXA company under the 1940 Act, and its or premium payments by participants Financial. shares are registered under the 1933 Act allocated to variable funding options are 4. MLOA serves as depositor for on Form N–1A. It commenced held in corresponding divisions of the MLOA Separate Account A and MLOA operations on May 1, 1997. The Trust is appropriate Separate Accounts. Separate Account L, which fund certain a series investment company and Contracts. MLOA Separate Account A currently offers 65 separate series (each 2 See EQ Advisors Trust and EQ Financial and MLOA Separate Account L were a ‘‘Portfolio’’ and collectively, the Consultants, Inc., 1940 Act Rel. Nos. 23093 (March established under Arizona law in 1987 ‘‘Portfolios’’). AXA Equitable currently 30, 1998) (notice) and 23128 (April 24, 1998) and 1985, respectively, pursuant to serves as investment manager (order).

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11. Each Insurance Company, on its current investment funds offered as a approving the proposed substitutions of own behalf and on behalf of its Separate funding option under the Contracts. In shares of the following Replacement Accounts, proposes to exercise its particular, the section 26 Applicants Portfolios for shares of the contractual right to substitute a different request an order from the SEC pursuant corresponding Removed Portfolios eligible investment fund for one of the to section 26(c) of the 1940 Act listed opposite their names:

Substitution Number—Removed Portfolios Replacement Portfolios

1. Old Mutual Insurance Series Fund—Old Mutual Select Value Port- EQ/AllianceBernstein Value Portfolio (Class IA shares). folio. 2. The Universal Institutional Funds, Inc.—Value Portfolio (Class I shares) (‘‘Universal Value Portfolio’’). 3. Premier VIT—OpCap Managed Portfolio ...... 4. Davis Variable Account Fund, Inc.—Davis Value Portfolio ...... 5. T. Rowe Price Equity Series, Inc.—T. Rowe Price Equity Income EQ/Boston Advisors Equity Income Portfolio (Class IA shares). Portfolio. 6. AIM Variable Insurance Funds—AIM V. I. Basic Value Fund (Series I EQ/BlackRock Basic Value Equity Portfolio (Class IB shares). shares). 7. Dreyfus Variable Investment Fund—Appreciation Portfolio (Initial EQ/AllianceBernstein Common Stock Portfolio (Class IA shares). shares) (‘‘Dreyfus Appreciation Portfolio’’). 8. Variable Insurance Products III—VIP Growth Opportunities Portfolio EQ/Capital Guardian Research Portfolio (Class IA shares). (Initial Class shares and Service Class shares) (‘‘Fidelity Growth Op- portunities Portfolio’’). 9. Premier VIT—OpCap Equity Portfolio ...... 10. Oppenheimer Variable Account Funds—Oppenheimer Main Street Fund/VA (Service shares).. 11. AIM Variable Insurance Funds—AIM V. I. Mid Cap Core Equity EQ/FI Mid Cap Portfolio (Class IA shares). Fund (Series I shares). 12. Alger American Fund—Alger American MidCap Growth Portfolio EQ/Van Kampen Mid Cap Growth Portfolio (Class IA shares). (Class O shares). 13. MFS Variable Insurance Trust—MFS Mid Cap Growth Series (Initial Class shares).. 14. Dreyfus Investment Portfolios—Small Cap Stock Index Portfolio EQ/Small Company Index Portfolio (Class IA shares). (Service shares) (‘‘Dreyfus Small Cap Stock Index Portfolio’’). 15. Premier VIT—OpCap Small Cap Portfolio ...... 16. MFS Variable Insurance Trust—MFS New Discovery Series (Initial EQ/AllianceBernstein Small Cap Growth Portfolio (Class IA shares). Class shares). 17. Janus Aspen Series—Flexible Bond Portfolio (Institutional and EQ/JPMorgan Core Bond Portfolio (Class IA shares). Service shares) (‘‘Janus Flexible Bond Portfolio’’). 18. PIMCO Variable Insurance Trust—PIMCO Total Return Portfolio (Administrative shares). 19. The Universal Institutional Funds, Inc.—Core Plus Fixed Income Portfolio (Class I shares) (‘‘Universal Core Plus Fixed Income Port- folio’’). 20. Premier VIT—OpCap Renaissance Portfolio ...... EQ/Lord Abbett Mid Cap Value Portfolio (Class IA shares). 21. T. Rowe Price Equity Series, Inc.—T. Rowe Price New America EQ/Capital Guardian Growth Portfolio (Class IA shares). Growth Portfolio. 22. The Universal Institutional Funds, Inc.—U.S. Real Estate Portfolio EQ/Van Kampen Real Estate Portfolio (Class IA and Class IB shares). (Class I and Class II shares) (‘‘Universal U.S. Real Estate Portfolio’’). 23. Alger American Fund—Alger American Balanced Portfolio (Class O Franklin Templeton Variable Insurance Products Trust—Franklin In- shares). come Securities Fund (Class 2 shares). 24. MFS Variable Insurance Trust—MFS Total Return Series (Initial Class Shares). 25. T. Rowe Price Equity Series, Inc.—T. Rowe Price Personal Strat- egy Balanced Portfolio. 26. Variable Insurance Products Fund—Growth Portfolio (Initial Class Variable Insurance Products Fund II—Contrafund Portfolio (Initial Class shares and Service Class shares) (‘‘Fidelity Growth Portfolio’’). shares and Service Class shares, as applicable) (‘‘Fidelity Contrafund Portfolio’’). 27. The Universal Institutional Funds, Inc.—Equity Growth Portfolio (Class I shares) (‘‘Universal Equity Growth Portfolio’’).

12. The section 26 Applicants propose its Contracts and each investment separate investment options under the the Substitutions as part of a continued option offered under its Contracts with Contracts, particularly where they and overall business plan by each the goal of providing a superior choice duplicate or substantially overlap with Insurance Company to make its of investment options. other investment options offered Contracts more attractive to existing 13. Among the principal purposes of through the Separate Accounts. As of Contract owners, participants or the Substitutions, the section 26 December 31, 2006, the Separate prospective purchasers, as the case may Applicants assert that the Removed Accounts had allocated approximately be, and more efficient to administer and Portfolios generally have not attracted the following amounts to the Removed oversee. Each Insurance Company sufficient Contract owner or participant and Replacement Portfolios: represents that it has carefully reviewed interest to support maintaining them as

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Substitution number—Removed portfolios Replacement portfolios (in millions) (in millions)

1. Old Mutual Select Value Portfolio ($8.0) ...... EQ/AllianceBernstein Value Portfolio ($4,279.0). 2. Universal Value Portfolio ($13.2). 3. OpCap Managed Portfolio ($9.9). 4. Davis Value Portfolio ($1.3). 5. T. Rowe Price Equity Income Portfolio ($26.8) ...... EQ/Boston Advisors Equity Income Portfolio ($357.0). 6. AIM V.I. Basic Value Equity Fund ($19.5) ...... EQ/BlackRock Basic Value Equity Portfolio ($3,600.0). 7. Dreyfus Appreciation Portfolio ($1.0) ...... EQ/AllianceBernstein Common Stock Portfolio ($9,279.0). 8. Fidelity Growth Opportunities Portfolio ($9.6) ...... EQ/Capital Guardian Research Portfolio ($1,056.0). 9. OpCap Equity Portfolio ($1.5). 10. Oppenheimer Main Street Fund/VA ($11.5). 11. AIM V.I. Mid Cap Core Equity Fund ($9.7) ...... EQ/FI Mid Cap Portfolio ($1,552.0). 12. Alger American MidCap Growth Portfolio ($37.7) ...... EQ/Van Kampen Mid Cap Growth Portfolio ($138.0). 13. MFS Mid Cap Growth Series ($6.4). 14. Dreyfus Small Cap Stock Index Portfolio ($10.3) ...... EQ/Small Company Index Portfolio ($1,056.0). 15. OpCap Small Cap Portfolio ($1.2). 16. MFS New Discovery Series ($6.6) ...... EQ/AllianceBernstein Small Cap Growth Portfolio ($1,201.0). 17. Janus Flexible Bond Portfolio ($23.8) ...... EQ/JPMorgan Core Bond Portfolio ($1,557.0). 18. PIMCO Total Return Portfolio ($0.6). 19. Universal Core Plus Fixed Income Portfolio ($14.5). 20. OpCap Renaissance Portfolio ($20.2) ...... EQ/Lord Abbett Mid Cap Value Portfolio ($320.0). 21. T. Rowe Price New America Growth Portfolio ($7.3) ...... EQ/Capital Guardian Growth Portfolio ($402.0). 22. Universal U.S. Real Estate Portfolio (Class I and Class II shares) EQ/Van Kampen Real Estate Portfolio (Class IA and Class IB shares) (Not Provided). (Not Provided). 23. Alger American Balanced Portfolio ($14.9) ...... Franklin Income Securities Fund ($39.3). 24. MFS Total Return Series ($30.5). 25. T. Rowe Price Personal Strategy Balanced Portfolio ($2.7). 26. Fidelity Growth Portfolio ($38.3) ...... Fidelity Contrafund Portfolio ($73.2). 27. Universal Equity Growth Portfolio ($0.1).

14. The section 26 Applicants also those cases where the number of with subaccount balances invested in maintain that substituting the investment options is being reduced, shares of the Replacement Portfolios Replacement Portfolios for the Removed continue to offer a significant number of will have the same or lower net Portfolios would lead to greater alternative investment options operating expenses immediately after efficiencies in administering the (currently expected to range in number the Substitutions. In addition, the Contracts and potentially enable the from 27 to 51 after the Substitutions Insurance Companies have agreed to Insurance Companies to offer a wider versus 28 to 57 before the impose certain expense limits on range of investment options in the Substitutions). Replacement Portfolios to ensure that future that would be more attractive to 16. In addition, some Contracts offer Contract owners and participants on the Contract owners and participants. In investment alternatives from multiple Substitution Date incur the same or this connection, the section 26 fund complexes, each with its own lower expense ratios for certain periods Applicants note that the deletion of prospectus and disclosure format, after the Substitutions. In addition, unpopular investment options would which significantly increases the many of the Replacement Portfolios are create additional capacity on their volume and complexity of information larger than their corresponding systems and platforms to offer new that is received by Contract owners and Removed Portfolios. Generally speaking, investment options. participants. The Insurance Companies larger funds tend to have lower 15. The section 26 Applicants further believe that this situation may be expenses than comparable funds that assert that the Substitutions also are confusing to Contract owners and are smaller. This is because, with a designed and intended to simplify the participants. By substituting the larger asset size, fixed fund expenses are prospectuses and related materials with Replacement Portfolios for the Removed spread over a larger base, lowering the respect to the Contracts and the Portfolios, the respective Insurance expense ratios. Therefore, as a result of investment options available through Company anticipates that it would certain Substitutions, various costs such the Separate Accounts. In certain cases, simplify the Contract prospectuses and as legal, accounting, printing and trustee the Insurance Companies offer several related materials provided to Contract fees will be spread over a larger base investment alternatives that overlap one owners and participants and thereby with each Contract owner and another by having similar investment reduce the potential for Contract owner participant bearing a smaller portion of objectives, policies and risks. The and participant confusion. The section the cost than would be the case if the proposed Substitutions would eliminate 26 Applicants also assert that the Replacement Portfolios and/or the Trust these overlapping investment Substitutions will enable an Insurance (as applicable) were smaller in size. alternatives. The section 26 Applicants Company to reduce certain costs that it Larger funds also may have lower believe that the deletion of overlapping incurs in administering the Contracts by trading expenses, potentially resulting investment options should not removing overlapping and unpopular in higher returns. adversely affect Contract owners and Portfolios and thereby allowing an 18. The section 26 Applicants also participants given that other similar Insurance Company to offer more argue that certain of the proposed investment options will remain competitively priced products in the Substitutions would replace an outside available under the Contracts and that future. Portfolio with a Portfolio for which the Contracts will either offer the same 17. The section 26 Applicants note AXA Equitable serves as Manager and, number of investment options or, in that Contract owners and participants thus, would permit AXA Equitable,

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under the Multi-Manager Order, to regard, the relevant Replacement confusion. The added influence will appoint, dismiss and replace Advisers Portfolios generally are only available give AXA Equitable the ability to react and amend Advisory Agreements as through the variable insurance and more quickly to changes and problems necessary to seek optimal performance annuity products offered by AXA it encounters in its oversight of the from the Portfolio and its portfolio Equitable and its affiliates. relevant Replacement Portfolios. managers. Notwithstanding the Multi- Consequently, the Board of Trustees of 20. The section 26 Applicants also Manager Order, with respect to the the relevant Replacement Portfolios has maintain that the Substitutions will Substitution involving the EQ/Van greater sensitivity to the needs of substitute shares of a Replacement Kampen Real Estate Portfolio, after the Contract owners and participants. The Portfolio for shares of a Removed Substitution Date (as defined herein), relevant Substitutions also will provide Portfolio, which has very similar, and in the Section 26 Applicants agree not to AXA Equitable with more influence some cases substantially similar, change the Adviser to the EQ/Van over the administrative aspects of the investment objectives, investment Kampen Real Estate Portfolio without Portfolios, while providing Contract policies and risks as those of the first obtaining shareholder approval of owners and participants with the benefit corresponding Removed Portfolio. This either (a) the Adviser change or (b) AXA of third party asset management. fact is expected to simplify the process Equitable’s continued ability to rely on Influence is important because changes of explaining the Substitutions to the Multi-Manager Order. Even with to Removed Portfolios can result in Contract owners and participants, respect to this Substitution, the section costly, off-cycle communications and including an explanation of the relevant 26 Applicants believe that the mailings to Contract owners and differences in the policies of the Substitution would provide AXA participants. Conversely, for the Replacement and Removed Portfolios, Equitable, as the investment manager of relevant Replacement Portfolios, AXA and should facilitate their the Trust, with greater oversight Equitable has greater influence over the understanding of the effect of the capabilities with respect to portfolios pace and timing of such changes. AXA Substitutions on them. A summary offered through its Contracts. Equitable believes that the relevant description of the investment objectives, 19. Moreover, certain of the Substitutions will enable it to exercise investment policies and principal risks Substitutions will replace an outside more influence over the management of each Removed Portfolio and its Portfolio with a Portfolio that is and administration of the Portfolios, corresponding proposed Replacement managed by AXA Equitable. In this thereby reducing costs and customer Portfolio is set forth below.

Substitution Number—Removed Portfolios Replacement Portfolio 1. Old Mutual Select Value 2. Universal Value Port- 3. OpCap Managed Port- 4. Davis Value Portfolio EQ/AllianceBernstein Value Portfolio folio (Class I shares) folio Portfolio (Class IA shares)

Investment Objective and Investment Objective and Investment Objective and Investment Objective and Investment Objective and Principal Strategies: The Principal Strategies: Principal Strategies: Principal Strategies: Principal Strategies: The Portfolio seeks to pro- The Portfolio seeks The Portfolio seeks The Portfolio seeks Portfolio seeks capital ap- vide investors with long- above-average total re- growth of capital over long-term growth of preciation. Under normal term growth of capital turn over a market time. The Portfolio in- capital. The Portfolio in- circumstances, the Port- and income; current in- cycle of three to five vests in common vests the majority of its folio invests a least 80% of come is a secondary ob- years. The Portfolio in- stocks, bonds, deriva- assets in equity securi- its total assets in equity se- jective. The Portfolio nor- vests primarily in com- tives and cash equiva- ties issued by large curities that are trading at mally invests at least mon stocks of compa- lents in varying percent- companies. The Port- a discount to their long 65% of its net assets in nies with larger capital- ages based on the ad- folio may invest in com- term earnings power. The equity securities of large izations. The Portfolio visers’ views of relative panies of any size and Portfolio generally invests cap companies with emphasizes a value values. The Portfolio also may invest in for- in large-cap companies. value characteristics. style of investing seek- also may invest in for- eign securities, debt se- The Portfolio may invest in The Portfolio may invest ing well established eign securities and gov- curities, including gov- common stock, preferred in common and preferred companies that appear ernment and corporate ernment securities, and stock and securities con- stock. The Portfolio also undervalued. The Port- bonds. The Portfolio derivatives. In addition, vertible into common stock. may invest in investment folio also may invest, to may invest up to 100% the Portfolio may invest The Portfolio also may in- grade fixed income secu- a limited extent, in for- of its assets in debt se- in preferred securities vest up to 20% of its as- rities, American Deposi- eign equity securities curities, but will only do and convertible securi- sets in U.S. Government tary Receipts (‘‘ADRs’’) and, without limit, in se- so if, in the judgment of ties. The adviser seeks securities and investment and up to 20% of its net curities of foreign com- the adviser, equity se- to acquire companies grade securities of domes- assets in foreign-traded panies listed on a U.S. curities are not attrac- with durable business tic corporations and up to securities. In addition, national exchange. In tive investments. models that can be pur- 10% of its assets in foreign the Portfolio may invest addition, the Portfolio chased at attractive equity or debt securities. In in derivatives, U.S. gov- may invest in invest- valuations in relation to addition, the Portfolio may ernment securities and ment grade debt securi- their intrinsic value. invest in derivatives. convertible securities. ties, U.S. government securities, convertible securities and deriva- tives.

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Substitution Number—Removed Portfolios Replacement Portfolio 1. Old Mutual Select Value 2. Universal Value Port- 3. OpCap Managed Port- 4. Davis Value Portfolio EQ/AllianceBernstein Value Portfolio folio (Class I shares) folio Portfolio (Class IA shares)

Principal Risks: Equity Principal Risks: Asset Principal Risks: Asset Al- Principal Risks: Company Principal Risks: Adviser Se- Risk, Industry and Sector Class Risk, Equity Risk, location Risk, Credit Risk, Financial Service lection Risk, Asset Class Risk, Investment Style Market Risk, Security Risk, Currency Risk, Risk, Foreign Country Risk, Convertible Securi- Risk, Market Risk, Secu- Risk, Small-Cap Com- Derivatives Risk, Risk, Headline Risk, ties Risk, Derivatives Risk, rity Risk, Security Selec- pany Risk, Value In- Emerging Markets Risk, Market Risk, Selection Equity Risk, Fixed Income tion Risk. vesting Risk. Fixed Income Risk, Risk. Risk, Foreign Securities Issuer Risk, Leveraging Risk (also known as cur- Risk, Liquidity Risk, rency risk and emerging Management Risk, Mar- markets risk, or foreign ket Risk, Mortgage country risk), Investment Risk, Value Securities Grade Securities Risk, In- Risk. terest Rate Risk, Leveraging Risk, Market Risk, Security Selection Risk (also known as selec- tion risk), Security Risk (also known as issuer risk or company risk), Value In- vesting Risk (also known as investment style risk or value securities risk).

Substitution Number—Removed Portfolios Replacement Portfolio 5. T. Rowe Price Equity Income Portfolio EQ/Boston Advisors Equity Income Portfolio (Class IA shares)

Investment Objective and Principal Strategies: The Portfolio seeks to Investment Objective and Principal Strategies: The Portfolio seeks a provide substantial dividend income as well as long-term growth of combination of growth and income to achieve an above-average and capital. The Portfolio will normally invest at least 80% of its net as- consistent total return. Under normal circumstances, the Portfolio in- sets in common stocks, with 65% in common stocks of well-estab- vests as least 80% of its net assets, plus borrowings for investment lished companies paying above average dividends. The Portfolio also purposes, in equity securities. The Portfolio primarily invests in divi- may invest in convertible securities, foreign securities and deriva- dend-paying common stocks of U.S. large capitalization companies, tives. The Portfolio typically employs a value approach in selecting but also may invest in small- and mid-cap companies. The Portfolio investments. also may invest in convertible securities, foreign securities and de- Principal Risks: Derivatives Risk, Equity Risk, Fixed Income Risk, For- rivatives. The Adviser focuses primarily on companies that offer the eign Securities Risk, Interest Rate Risk, Market Risk, Security Risk, potential for capital appreciation combined with an above market Security Selection Risk, Value Investing Risk. level of dividend income. Principal Risks: Adviser Selection Risk, Asset Class Risk, Convertible Securities Risk, Equity Risk, Market Risk, Security Risk, Security Se- lection Risk, Small-Cap and Mid-Cap Company Risk.

Substitution Number—Removed Portfolio Replacement Portfolio 6. AIM V.I. Basic Value Fund (Series I shares) EQ/BlackRock Basic Value Equity Portfolio (Class IB shares)

Investment Objective and Principal Strategies: The Portfolio seeks Investment Objective and Principal Strategies: The Portfolio seeks cap- long-term growth of capital. The Portfolio normally invests at least ital appreciation and, secondarily, income. Under normal cir- 65% of its total assets in equity securities of large- and mid-cap U.S. cumstances, the Portfolio invests at least 80% of its net assets, plus issuers and that the portfolio managers believe to be undervalued in borrowings for investment purposes, in equity securities. The Port- relation to long-term earning power or other factors. The Portfolio folio invests primarily in equity securities the Adviser believes are un- also may invest up to 30% of its total assets in equity securities of dervalued. The Portfolio focuses its investments on large-cap com- small-cap U.S. issuers and may invest in investment grade non-con- panies, but also may invest in small- and mid-capitalization compa- vertible debt securities, U.S. government securities and high-quality nies. The Portfolio also may invest, to a limited extent, in investment money market issuers, all of which are issued by U.S. issuers. In ad- grade debt securities and U.S. government securities and up to 25% dition, the Portfolio may invest up to 25% of its total assets in foreign of its total assets in foreign securities. securities. Principal Risks: Adviser Selection Risk, Asset Class Risk, Derivatives Principal Risks: Equity Risk, Foreign Securities Risk, Market Risk, Se- Risk, Equity Risk, Foreign Securities Risk, Market Risk, Security Se- curity Risk, Security Selection Risk, Small-Cap Company Risk, Value lection Risk, Security Risk, Small-Cap and Mid-Cap Company Risk, Investing Risk. Value Investing Risk.

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Substitution Number—Removed Portfolio Replacement Portfolio 7. Dreyfus Appreciation Portfolio (Initial shares) EQ/AllianceBernstein Common Stock Portfolio (Class IA shares)

Investment Objective and Principal Strategies: The Portfolio seeks Investment Objective and Principal Strategies: The Portfolio seeks to long-term capital growth consistent with preservation of capital. The achieve long-term growth of capital. The Portfolio generally invests at Portfolio normally invests at least 80% of its assets in common least 80% of its net assets, plus borrowing for investment purposes, stocks. The Portfolio focuses on blue chip companies, including mul- in common stocks. The Portfolio invests primarily in common stocks tinational companies. The adviser may utilize both growth and value listed on national securities exchanges, but smaller amounts may be investing styles. invested in stocks that are traded over-the-counter. The Portfolio Principal Risks: Blue Chip Risk, Foreign Investment Risk, Issuer Risk, generally will not invest more than 20% of its total assets in foreign Market Risk, Market Sector Risk. securities. The adviser may utilize both growth and value investing styles. Principal Risks: Adviser Selection Risk, Asset Class Risk (also known as market risk or market sector risk), Convertible Securities Risk, Eq- uity Risk (also known as issuer risk), Foreign Securities Risk (also known as foreign investment risk), Growth Investing Risk, Market Risk, Security Risk (also known as issuer risk), Security Selection Risk, Small-Cap and Mid-Cap Company Risk, Value Investing Risk.

Substitution Number—Removed Portfolios Replacement Portfolio 8. Fidelity Growth Opportunities Portfolio (Initial Class shares and 9. OpCap Equity 10. Oppenheimer Main Street EQ/Capital Guardian Research Service Class shares) Portfolio Fund/VA (Service shares) Portfolio (Class IA shares)

Investment Objective and Principal Investment Objective and Prin- Investment Objective and Prin- Investment Objective and Prin- Strategies: The Portfolio seeks cipal Strategies: The Portfolio cipal Strategies: The Portfolio cipal Strategies: The Portfolio to provide capital growth. The seeks long term capital appre- seeks high total return from eq- seeks to achieve long-term Portfolio normally invests pri- ciation. Under normal condi- uity and debt securities. The growth of capital. The Portfolio marily in common stocks. The tions, the Portfolio invests at Portfolio currently invests main- invests primarily (generally at Portfolio may invest in securities least 80% of its net assets, plus ly in common stocks of U.S. least 65% of its assets) in eq- of foreign issuers in addition to borrowings for investment pur- companies of different capital- uity securities of U.S issuers domestic issuers. The adviser is poses, in equity securities of ization ranges, presently focus- and securities whose principal not constrained by any particular companies that the manager ing on large-capitalization markets are in the United investment style and may utilize believes are undervalued in the issuers. The Portfolio may also States. The Portfolio invests pri- both growth and value investing marketplace. The Portfolio may buy debt securities such as marily in common stocks of styles. invest in foreign securities and bonds and debentures, but large-cap companies. The Port- Principal Risks: Foreign Exposure invests in equity securities list- does not currently emphasize folio may invest up to 15% of its Risk, Issuer-Specific Changes, ed on U.S. or foreign securities these investments. In addition, total assets in securities of Stock Market Volatility Risk. exchanges or traded in over- the Portfolio may invest in for- issuers outside of the U.S. and the-counter markets. eign securities without limit, not included in the S&P 500. Principal Risks: Credit Risk, Eq- however, the Portfolio does not The Adviser seeks to invest in uity Risk, Issuer Risk, currently expect to have sub- stocks whose prices are not ex- Leveraging Risk, Liquidity Risk, stantial investments in such se- cessive relative to book value Management Risk, Market Risk, curities. or in companies whose asset Value Securities Risk. Principal Risks: Asset Class Risk, values are understated. Equity Risk, Fixed Income Risk, Principal Risks: Adviser Selection Interest Rate Risk, Market Risk, Risk, Asset Class Risk, Equity Security Risk, Security Selec- Risk (also known as issuer-spe- tion Risk, Small-Cap and Mid- cific changes risk), Foreign Se- Cap Company Risk. curities Risk (also known as for- eign exposure risk), Market Risk (also known as stock-mar- ket volatility risk), Security Se- lection Risk (also known as management risk), Security Risk (also known as issuer-spe- cific changes risk or issuer risk), Small-Cap and Mid-Cap Com- pany Risk.

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Substitution Number—Removed Portfolio Replacement Portfolio 11. AIM V.I. Mid Cap Core Equity Fund (Series I shares) EQ/FI Mid Cap Portfolio (Class IA shares)

Investment Objective and Principal Strategies: The Portfolio seeks Investment Objective and Principal Strategies: The Portfolio seeks long-term growth of capital. Normally, the Portfolio invests at least long-term growth of capital. The Portfolio normally invests at least 80% of its net assets, plus the amount of any borrowing for invest- 80% of its net assets, plus any borrowings for investment purposes, ment purposes, in equity securities, including convertible securities, in common stocks of companies with medium market capitalizations. of mid-capitalization companies. In selecting investments, the adviser The Portfolio may also invest in companies with smaller or larger seeks to identify those companies that are, in its view, undervalued market capitalization and securities of foreign issuers. The Portfolio relative to current or projected earnings. The Portfolio may invest up is not constrained by any particular investment style and may buy to 20% of its assets in equity securities of companies in other market growth-oriented or value-oriented stock or a combination of both. capitalization ranges. The Portfolio may also invest up to 20% of its While the Portfolio does not have a stated limit with respect to in- assets in investment grade debt securities, U.S. Government securi- vestments in securities of foreign issuers, from January 1, 2004 ties and high quality money market instruments and 25% of its total through December 31, 2006, the Portfolio generally has invested be- assets in foreign securities. In addition, the Portfolio may invest in tween 10–20% of its net assets in such securities. In addition, the derivatives. Portfolio may invest in derivatives and up to 20% of its net assets in Principal Risks: Equity Risk, Foreign Securities Risk, Market Risk, Se- investment grade debt securities and U.S. Government securities. curity Risk, Security Selection Risk. Principal Risks: Adviser Selection Risk, Asset Class Risk, Derivatives Risk, Equity Risk, Foreign Securities Risk, Growth Investing Risk, Market Risk, Portfolio Turnover Risk, Security Risk, Security Selec- tion Risk, Small-Cap and Mid-Cap Company Risk, Value Investing Risk.

Substitution Number—Removed Portfolios Replacement Portfolio 12. Alger American MidCap Growth Portfolio 13. MFS Mid Cap Growth EQ/Van Kampen Mid Cap Growth Portfolio (Class O shares) Series (Initial Class shares) (Class IA shares)

Investment Objective and Principal Strategies: Investment Objective and Principal Strategies: Investment Objective and Principal Strategies: The Portfolio seeks long-term capital appre- The Portfolio seeks long-term growth of The Portfolio seeks capital growth. Under ciation. Under normal circumstances, the capital. Under normal circumstances, the normal circumstances, the Portfolio invests portfolio invests at least 80% of its net as- Portfolio invests at least 80% of its net as- at least 80% of its net assets, plus bor- sets in the equity securities of mid-cap com- sets in common stocks and related securi- rowings for investment purposes, in securi- panies at the time of investment. The Port- ties, of companies with medium market cap- ties of medium-sized companies at the time folio also may invest in equity securities of italization which the Portfolio’s adviser be- of investment. The Portfolio primarily invests small- and large-cap companies. The Port- lieves have above-average growth potential. (generally at least 65% of its assets) in eq- folio focuses on mid-sized companies the The Portfolio also may invest, to a limited uity securities and may also invest in equity adviser believes demonstrate promising extent, in investment grade debt securities, securities of small- and large-cap compa- growth potential. The Portfolio may invest in up to 10% in lower rated bonds and up to nies. The Adviser seeks to invest in high derivatives, convertible securities and up to 20% in foreign securities, including emerg- quality companies it believes have sustain- 20% of its total assets in foreign securities. ing markets securities. In addition, the Port- able competitive advantages and the ability Principal Risks: Derivatives Risk, Equity Risk, folio may invest in convertible securities and to redeploy capital at high rates of return. Growth Investing Risk, Liquidity Risk, Market derivatives. The Portfolio also may invest in debt securi- Risk, Mid-Cap Company Risk, Security Risk, Principal Risks: Emerging Markets Risk, For- ties of various maturities considered invest- Security Selection Risk. eign Securities Risk, Market Risk, Mid-Cap ment grade and up to 5% of its net assets Growth Company Risk, Over-the-Counter in convertible securities below investment Risk, Short Sales Risk. grade. In addition, the Portfolio may invest in derivatives and up to 25% of its total as- sets in foreign issuers, including issuers in emerging markets. Principal Risks: Adviser Selection Risk, Asset Class Risk, Convertible Securities Risk, Currency Risk, Derivatives Risk, Emerging Markets Risk, Equity Risk, Foreign Securi- ties Risk, Fixed Income Risk, Investment Grade Securities risk, Junk Bond or Lower Rated Securities Risk, Growth Investing Risk (also known as mid-cap growth com- pany risk), Market Risk, Security Risk, Se- curity Selection Risk, Small-Cap and Mid- Cap Company Risk (also known as mid-cap growth company risk).

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Substitution Number—Removed Portfolios Replacement Portfolio 14. Dreyfus Small Cap Stock Index Portfolio EQ/Small Company Index Portfolio (Class IA (Service shares) 15. OpCap Small Cap Portfolio shares)

Investment Objective and Principal Strategies: Investment Objective and Principal Strategies: Investment Objective and Principal Strategies: The Portfolio seeks to match the perform- The Portfolio seeks capital appreciation. The Portfolio seeks to replicate as closely ance of the S&P SmallCap 600 Index. The Under normal circumstances, the Portfolio as possible the total return of the Russell Portfolio invests in a representative sample invests at least 80% of its net assets, plus 2000. Under normal circumstances, the of stocks included in the S&P SmallCap 600 borrowings for investment purposes, in eq- Portfolio invests at least 80% of its net as- Index. The Portfolio may also invest in de- uity securities of small-cap companies that sets, plus borrowing for investment pur- rivatives and, to a limited extent, in short- the adviser believes are undervalued in the poses, in equity securities of small-cap term debt securities. marketplace. The Portfolio’s benchmark is companies included in the Russell 2000. Principal Risks: Derivatives Risk, Indexing the Russell 2000 Index (‘‘Russell 2000’’). The Portfolio may also invest in derivatives Strategy Risk, Issuer Risk, Market Risk, The Portfolio also may invest in securities and, to a limited extent, in short-term debt Small and Midsize Company Risk issued in an IPO, foreign securities, deriva- securities. tives and, to a limited extent, in short-term Principal Risks: Adviser Selection Risk, Asset debt securities. Class Risk, Derivatives Risk, Equity Risk, Principal Risks: Credit Risk, Issuer Risk, Index-Fund Risk (also known as indexing Leveraging Risk, Liquidity Risk, Manage- strategy risk), Liquidity Risk, Market Risk ment Risk, Market Risk, Small Company (also known as issuer risk), Security Risk Risk, Value Securities Risk. (also known as issuer risk), Small-Cap Company Risk (also known as small com- pany risk).

Substitution Number—Removed Portfolios Replacement Portfolio 16. MFS New Discovery Series EQ/AllianceBernstein Small Cap Growth Portfolio (Initial Class shares) (Class IA shares)

Investment Objective and Principal Strategies: The Portfolio seeks cap- Investment Objective and Principal Strategies: The Portfolio seeks to ital appreciation. Under normal market conditions, the Portfolio in- achieve long-term growth of capital. Under normal circumstances, vests at least 65% of its net assets in equity securities of emerging the Portfolio invests at least 80% of its net assets, plus borrowing for growth companies. While emerging growth companies may be of any investment purposes, in securities of small capitalization companies. size, the Portfolio generally focuses on small capitalization compa- The Portfolio invests primarily in U.S. common stocks and other eq- nies. The Portfolio invests in common stocks and other equity securi- uity-type securities issued by smaller companies with favorable ties, such as convertible securities. The adviser looks to invest in growth prospects. The Portfolio may also invest in convertible securi- companies that offer superior growth prospects. The Portfolio also ties, investment grade corporate fixed income securities and up to may invest in investment grade corporate fixed income securities and 20% of its assets in foreign securities. up to 20% of its assets in foreign securities Principal Risks: Adviser Selection Risk, Asset Class Risk, Convertible Principal Risks: Active and Frequent Trading Risk, Company Risk, Securities Risk, Equity Risk, Growth Investing Risk, Liquidity Risk, Emerging Growth Companies Risk, Foreign Securities Risk, Market Market Risk, Portfolio Turnover Risk (also known as active and fre- Risk, Over-the-Counter Risk, Small Capitalization Companies Risk, quent trading risk), Securities Risk (also known as company risk), Short Sales Risk Security Selection Risk, Small-Cap Company Risk (also known as small capitalization companies risk).

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Substitution Number—Removed Portfolios Replacement Portfolio 17. Janus Flexible Bond Portfolio 18. PIMCO Total Return Portfolio 19. Universal Core Plus Fixed In- EQ/JPMorgan Core Bond Port- (Institutional and Service shares) (Administrative shares) come Portfolio (Class I shares) folio (Class IA shares)

Investment Objective and Principal Investment Objective and Prin- Investment Objective and Prin- Investment Objective and Prin- Strategies: The Portfolio seeks cipal Strategies: The Portfolio cipal Strategies: The Portfolio cipal Strategies: The Portfolio to obtain maximum total return, seeks maximum total return, seeks above average total re- seeks to provide a high total re- consistent with preservation of consistent with preservation of turn over a market cycle of turn consistent with moderate capital. Under normal cir- capital and prudent investment three to five years. Under nor- risk to capital and maintenance cumstances, the Portfolio invests management. Under normal cir- mal circumstances, at least of liquidity. Under normal cir- at least 80% of its assets, plus cumstances, the Portfolio in- 80% of the Portfolio’s assets cumstances, the Portfolio invest the amount of any borrowings vests at least 65% of its total are invested in fixed income se- at least 80% of its net assets, for investment purposes, in assets in a diversified portfolio curities. The Portfolio invests plus borrowings for investment bonds. The Portfolio will invest of fixed income instruments of primarily in a diversified mix of purposes, in investment grade at least 65% of its assets in in- varying maturities. The Portfolio dollar denominated investment debt securities. The Portfolio in- vestment grade debt securities. invests primarily in investment grade fixed income securities, vests in broad sectors of fixed The types of bonds the Portfolio grade debt securities. The Port- including U.S. government, cor- income securities, including invests in include government folio may invest up to 30% of its porate and mortgage securities. U.S. Government and agency bonds, corporate bonds and total assets in securities de- The Portfolio also may invest in securities, corporate securities mortgage-backed bonds. Within nominated in foreign currencies, foreign securities and deriva- and mortgage-backed securi- the parameters of its specific in- and may invest beyond this limit tives. ties. The Portfolio also may in- vestment policies, the Portfolio in U.S. dollar-denominated se- Principal Risks: Credit Risk, Fixed vest in derivatives and up to also may invest, without limit, in curities of foreign issuers. The Income Risk, High-Yield Securi- 25% of its assets in securities foreign debt and equity securi- Portfolio may also invest in de- ties Risk, Interest Rate Risk, of foreign issuers. ties. In addition, the Portfolio rivatives. Market Risk, Mortgage-Backed Principal Risks: Adviser Selection may invest in derivatives. Principal Risks: Credit Risk, Cur- Securities Risk. Risk, Asset-Backed Securities Principal Risks: Credit Risk, Fixed rency Risk, Derivatives Risk, Risk, Asset Class Risk, Credit Income Risk, Foreign Securities Foreign (Non-U.S.) Investment Risk, Derivatives Risk, Fixed In- Risk, Interest Rate Risk High- Risk, High Yield Risk, Interest come Risk, Foreign Securities Yield Securities Risk. Rate Risk, Issuer Risk, Risk, Interest Rate Risk, Invest- Leveraging Risk, Liquidity Risk, ment Grade Securities Risk, Li- Management Risk, Market Risk, quidity Risk, Market Risk, Mort- Mortgage Risk. gage-Backed Securities Risk, Portfolio Turnover Risk, Secu- rity Risk, Security Selection Risk.

Substitution Number—Removed Portfolio Replacement Portfolio 20. OpCap Renaissance Portfolio EQ/Lord Abbett Mid Cap Value Portfolio (Class IA shares)

Investment Objective and Principal Strategies: The Portfolio seeks long Investment Objective and Principal Strategies: The Portfolio seeks cap- term capital appreciation and income. Under normal market condi- ital appreciation. Under normal circumstances, the Portfolio invests tions, the Portfolio invests at least 65% of its assets in common at least 80% of its net assets, plus borrowings for investment pur- stocks of companies that the adviser believes are trading below their poses, in equity securities of mid-sized companies. In selecting in- intrinsic values and whose business fundamentals are expected to vestments, the Adviser uses a value approach. The Portfolio also improve. The Portfolio typically invests in mid-cap companies. The may invest up to 10% of its net assets in foreign securities, except Portfolio also may invest in derivatives and up to 15% in foreign se- that the Portfolio may invest without limit in ADRs and similar deposi- curities, except that the Portfolio may invest without limit in securities tary receipts. In addition, the Portfolio may invest in derivatives. of foreign issuers that are traded in U.S. markets, including ADRs). Principal Risks: Adviser Selection Risk, Asset Class Risk, Convertible Principal Risks: Credit Risk Derivatives Risk Issuer Risk, Leveraging Securities Risk, Derivatives Risk, Equity Risk (also known as issuer Risk, Liquidity Risk, Management Risk, Market Risk, Value Securities risk), Futures and Options Risk, Market Risk, Mid-Cap Company Risk. Risk, Security Risk (also known as issuer risk), Security Selection Risk (also known as management risk), Value Investing Risk (also known as value securities risk).

Substitution Number—Removed Portfolio Replacement Portfolio 21. T. Rowe Price New America Growth Portfolio EQ/Capital Guardian Growth Portfolio (Class IA shares)

Investment Objective and Principal Strategies: The Portfolio seeks Investment Objective and Principal Strategies: The Portfolio seeks long-term capital growth. The Portfolio invests at least 65% of its long-term growth of capital. The Portfolio normally will be invested total assets in common stocks of U.S. companies operating in those primarily in common stocks, or securities convertible or exchange- sectors of the economy that the adviser believes are the fastest able into common stocks, of large-cap companies. The Portfolio in- growing or have the greatest growth potential. The Portfolio may in- vests primarily in equity securities of U.S. issuers and securities vest in companies of any market capitalization and may also invest whose principal markets are in the U.S., including ADRs. The Ad- in convertible securities and foreign securities. viser seeks to invest in securities that exhibit one or more growth Principal Risks: Asset Class Risk, Equity Risk, Foreign Securities Risk, characteristics relative to the U.S. market. Growth Investing Risk, Market Risk, Security Risk, Security Selection Principal Risks: Adviser Selection Risk, Asset Class Risk, Convertible Risk, Small-Cap Company Risk. Securities Risk, Equity Risk, Foreign Securities Risk, Growth Invest- ing Risk, Market Risk, Security Selection Risk, Security Risk, Small- Cap and Mid-Cap Company Risk.

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Substitution Number—Removed Portfolio Replacement Portfolio 22. Universal U.S. Real Estate Portfolio (Class I and Class II shares) EQ/Van Kampen Real Estate Portfolio (Class IA and Class IB shares)

Investment Objective and Principal Strategies: The Portfolio seeks to Investment Objective and Principal Strategies: The Portfolio seeks to provide above average current income and long-term capital appre- provide above average current income and long-term capital appre- ciation by investing primarily in equity securities of companies in the ciation. Under normal circumstances, the Portfolio will invest at least U.S. real estate industry, including real estate investment trusts 80% of its net assets, plus borrowings for investment purposes, in (‘‘REITs’’). Under normal circumstances, at least 80% of the Port- equity securities of companies in the real estate industry, including folio’s assets will be invested in equity securities of companies in the REITs. The Portfolio also may invest in foreign securities. The Port- U.S. real estate industry. The Portfolio also has the flexibility to in- folio focuses on REITs, as well as real estate operating companies vest up to 20% of its net assets in foreign securities. The Portfolio fo- that invest in a variety of property types and regions. The Adviser’s cuses on REITs as well as real estate operating companies that in- approach emphasizes bottom-up stock selection with a top-down vest in a variety of property types and regions. The adviser’s ap- asset allocation overlay. proach emphasizes bottom-up stock selection with a top-down asset Principal Risks: Adviser Selection Risk, Asset Class Risk, Convertible allocation overlay. Securities Risk, Derivatives Risk, Equity Risk, Focused Portfolio Principal Risks: Equity Risk, Focused Portfolio Risk, Market Risk, Non- Risk, Foreign Securities Risk, Market Risk, Non-Diversification Risk, Diversification Risk, Real Estate Risk, Security Risk. Real Estate Investing Risk (also known as real estate risk), Security Risk, Security Selection Risk, Value Investing Risk.

Substitution Number—Removed Portfolios Replacement Portfolio 23. Alger American Balanced Port- 24. MFS Total Return Series (Ini- 25. T. Rowe Price Personal Strat- Franklin Income Securities Fund folio (Class O shares) tial Class shares) egy Balanced Portfolio (Class 2 shares)

Investment Objective and Principal Investment Objective and Prin- Investment Objective and Prin- Investment Objective and Prin- Strategies: The Portfolio seeks cipal Strategies: The Portfolio cipal Strategies: The Portfolio cipal Strategies: The Portfolio current income and long-term seeks above-average income seeks the highest total return seeks to maximize income capital appreciation. Under nor- consistent with prudent employ- over time consistent with an while maintaining prospects for mal circumstances, the Portfolio ment of capital. Under normal emphasis on both capital ap- capital appreciation. Under nor- invests at least 25% of its net market conditions, the Portfolio preciation and income. The mal market conditions, the Port- assets in fixed-income securities invests at least 40% of its net Portfolio invests in a diversified folio invests in both debt and and at least 25% of its net as- assets in common stocks and portfolio typically consisting of equity securities. The Portfolio sets in equity securities. Most of related securities and at least approximately 60% stocks, 30% may invest a significant amount the Portfolio’s fixed income in- 25% of its net assets in non- bonds and 10% money market of its total assets in debt securi- vestments are concentrated in convertible fixed income securi- instruments. The Portfolio also ties that are either rated below investment grade securities. The ties. The Portfolio may invest invests at least 25% of its total investment grade, or if unrated, Portfolio may also invest up to up to 20% of its assets in lower assets in senior fixed-income determined to be of comparable 10% of its net assets in lower- rated debt securities and up to securities. In addition, the Port- quality by the Portfolio’s adviser rated securities. In addition, the 20% of its assets in foreign se- folio invests in both growth and (also known as junk bonds). Portfolio invests primarily in curities. In addition, the Port- value stocks. The Portfolio also The Portfolio may also invest in growth stocks. The Portfolio may folio may invest in convertible may invest in lower rated debt convertible securities. The ad- also invest in derivatives, con- securities and derivatives. securities, foreign securities viser seeks to invest in under- vertible securities and up to 20% Principal Risks: Allocation Risk, and derivatives. valued or out-of-favor securities of its assets in foreign securities. Convertible Securities Risk, Principal Risks: Bond Risk, Credit it believes offer opportunities for Principal Risks: Credit Risk, De- Credit Risk, Foreign Securities Risk, Derivatives Risk, Foreign income today and growth to- rivatives Risk, Fixed Income Se- Risk, Interest Rate Risk, Junk Securities Risk, Interest Rate morrow. In addition, the Port- curities Risk, Growth Stock Risk, Bond Risk, Liquidity Risk, Mar- Risk, Stock Risk. folio may invest in derivatives Interest Rate Risk, Lower Rate ket Risk, Maturity Risk, Mort- and a small portion of its assets Securities Risk, Market Risk, gage-Backed and Asset-Backed in foreign securities. Mortgage-Backed and Asset- Securities Risk, Undervalued Principal Risks: Convertible Secu- Backed Securities Risk, Stock Securities Risk. rities Risk, Credit Risk, Foreign Risk. Securities Risk, Income Risk, Interest Rate Risk, Stocks Risk, Value Style Investing Risk.

Replacement Portfolio Substitution Number—Removed Portfolios 26. Fidelity Growth Portfolio (Initial Class 27. Universal Equity Growth Portfolio (Class I shares and Service Class shares) shares)

Investment Objective and Principal Strategies: Investment Objective and Principal Strategies: Investment Objective and Principal Strategies: The Portfolio seeks capital appreciation. The The Portfolio seeks long-term capital appre- The Portfolio seeks long-term capital appre- Portfolio normally invests primarily in com- ciation. Under normal circumstances, at ciation. The Portfolio normally invests pri- mon stocks. The adviser invests the Port- least 80% of the Portfolio’s assets will be in- marily in common stocks. The Portfolio may folio’s assets in companies it believes have vested in equity securities. The Portfolio in- invest in growth or value stocks or a com- above-average growth potential. The Port- vests primarily in growth-oriented equity se- bination of both. The Portfolio also may in- folio may invest up to 50% of its assets in curities of U.S. and foreign companies. The vest in foreign securities and derivatives. foreign securities. The Portfolio may also in- Portfolio invests primarily in large-cap com- Principal Risks: Foreign Exposure Risk (also vest in derivatives. panies. The Portfolio may also invest up to known as foreign securities risk), Issuer Principal Risks: Foreign Exposure Risk, Issuer- 25% of its assets in foreign securities and Specific Changes Risk (also known as se- Specific Risk, Growth Investing Risk, Stock may invest in derivatives. curity risk), Stock Market Volatility Risk Market Volatility Risk. Principal Risks: Equity Risk, Foreign Securi- (also known as equity risk and market risk). ties Risk, Market Risk, Security Risk.

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21. The section 26 Applicants also investment in the relevant Contract will the EQ/AllianceBernstein Value contend that the Substitutions are not change as a result of the Portfolio’s (the ‘‘Replacement Portfolio’’ designed to provide Contract owners Substitutions. In addition, the section for purposes of this discussion) net and participants with an opportunity to 26 Applicants represent that the net annual operating expense ratio will be continue their investment in similar expense ratios of the Replacement lower than that of the Old Mutual Select Portfolios without interruption and Portfolios are expected to be the same as Value Portfolio (the ‘‘Removed without any cost to them. In this regard, or lower than those of the Removed Portfolio’’ for purposes of this the Insurance Companies have agreed to Portfolios. A summary comparison of discussion) immediately after the bear all expenses incurred in connection the fees and expenses, and asset size of Substitution. Accordingly, the section with the Substitutions and related the Portfolios involved in the 26 Applicants represent that the Substitutions for fiscal year ended filings and notices, including legal, Substitution will benefit Contract December 31, 2006, is set forth below. accounting, brokerage and other fees owners and participants by lowering the and expenses. On the effective date of 1. Old Mutual Select Value Portfolio annual operating expense ratio. the Substitutions, the amount of any Replaced by EQ/AllianceBernstein Contract owner’s or participant’s Value Portfolio (Class IA Shares) Contract value or the dollar value of a As provided in the chart below, the Contract owner’s or participant’s Section 26 Applicants anticipate that

Old Mutual Select Value EQ/AllianceBernstein Portfolio Value Portfolio (percent) (percent)

Management Fee 3 ...... 0.75 0.60 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.21 0.13 Total Annual Operating Expenses ...... 0.96 4 0.73 Less Fee Waiver/Expense Reimbursement 5 ...... (0.02 ) (0.03) Net Annual Operating Expenses ...... 0.94 0.70 3 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The management fee schedule for the Removed Portfolio on an annual basis is equal to 0.75% on less than $300 million; 0.70% on $300 million to less than $500 million; 0.65% on $500 million to less than $750 million; 0.60% on $750 million to less than $1.0 billion; 0.55% on $1.0 billion to less than $1.5 billion; 0.50% on $1.5 billion to less than $2.0 billion; and 0.45% thereafter. 4 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio. Effective May 1, 2006, each Portfolio of the Trust involved in the Substitutions pays an administration fee equal to $30,000 per year, plus its pro rata portion of the Trust’s asset-based administration fee, which is equal to an annual rate of 0.12% of the first $3 billion of total Trust average daily net assets (excluding certain series), 0.11% of the next $3 billion, 0.105% of the next $4 billion, 0.10% of the next $20 billion and 0.0975% thereafter. Prior to that date, the administration fee for each Portfolio of the Trust was equal to $30,000 per year, plus its pro rata portion of the Trust’s asset-based administration fee, which was equal to an annual rate of 0.04% of the first $3 billion of total Trust average daily net assets (exclusive of certain series), 0.03% of the next $3 billion, 0.025% of the next $4 billion, and 0.0225% there- after. 5 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the Portfolio’s expenses through April 30, 2008 pursuant to an expense limitation agreement so that the Net Annual Operating Expenses of the Port- folio’s Class IA shares do not exceed 0.70%. The manager of the Removed Portfolio has agreed to make payments or waive a portion of its management fee to limit Annual Operating Expenses of the Portfolio to 0.94%.

As of December 31, 2006, the assets of 2. Universal Value Portfolio (Class I operating expense ratio will be lower the Replacement Portfolio were Shares) Replaced by EQ/ than that of the Universal Value approximately $4.4 billion, while the AllianceBernstein Value Portfolio (Class Portfolio (the ‘‘Removed Portfolio’’ for assets of the Removed Portfolio were IA Shares) purposes of this discussion) approximately $46.6 million. immediately after the Substitution. As provided in the chart below, the Accordingly, the section 26 Applicants section 26 Applicants anticipate that the represent that the Substitution will EQ/AllianceBernstein Value Portfolio’s benefit Contract owners and (the ‘‘Replacement Portfolio’’ for participants by lowering the annual purposes of this discussion) net annual operating expense ratio.

Universal Value EQ/AllianceBernstein Portfolio Value Portfolio (percent) (percent)

Management Fee 6 ...... 0.55 0.60 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.38 0.13 Total Annual Operating Expenses ...... 0.93 7 0.73 Less Fee Waiver/Expense Reimbursement 8 ...... (0.08 ) (0.03) Net Annual Operating Expenses ...... 0.85 0.70 6 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The management fee schedule for the Removed Portfolio on an annual basis is equal to 0.55% of the first $500 million in assets; 0.50% from $500 million to $1 billion; 0.45% over $1 billion. 7 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5.

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8 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.70%. The adviser of the Removed Portfolio has voluntarily agreed to reduce its advisory fee and/or reimburse the Portfolio so that annual operating expenses, excluding certain investment related expenses, will not exceed 0.85%.

As of December 31, 2006, the assets of 3. OpCap Managed Portfolio Replaced than that of the OpCap Managed the Replacement Portfolio were by EQ/AllianceBernstein Value Portfolio Portfolio (the ‘‘Removed Portfolio’’ for approximately $4.4 billion, while the (Class IA Shares) purposes of this discussion) assets of the Removed Portfolio were immediately after the Substitution. approximately $70 million. As provided in the chart below, the Accordingly, the section 26 Applicants section 26 Applicants anticipate that the represent that the Substitution will EQ/AllianceBernstein Value Portfolio’s benefit the Contract owners and (the ‘‘Replacement Portfolio’’ for participants by lowering the annual purposes of this discussion) net annual operating expense ratio. operating expense ratio will be lower

OpCap Managed EQ/AllianceBernstein Portfolio Value Portfolio (percent) (percent)

Management Fee 9 ...... 0.80 0.60 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.15 0.13 Total Annual Operating Expenses ...... 0.95 10 0.73 Less Fee Waiver/Expense Reimbursement 11 ...... 0.00 (0.03 ) Net Annual Operating Expenses ...... 0.95 0.70 9 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The Removed Portfolio’s management fee sched- ule does not include breakpoints. 10 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 11 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.70%. With respect to the Removed Portfolio, the investment adviser has agreed through De- cember 31, 2015 reduce Annual Operating Expenses of the Removed Portfolio to the extent they would exceed 1.00% (net of any expenses off- set by earnings credits from the custodian bank). Net Annual Operating Expenses do not reflect a reduction of custody expenses offset by cus- tody credits earned on cash balances at the custodian bank.

As of December 31, 2006, the assets of 4. Davis Value Portfolio Replaced by operating expense ratio will be lower the Replacement Portfolio were EQ/AllianceBernstein Value Portfolio than that of the Davis Value Portfolio approximately $4.4 billion, while the (Class IA Shares) (the ‘‘Removed Portfolio’’ for purposes assets of the Removed Portfolio were of this discussion) immediately after the approximately $258 million. As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the EQ/AllianceBernstein Value Portfolio’s Substitution will benefit the Contract (the ‘‘Replacement Portfolio’’ for owners and participants by lowering the purposes of this discussion) net annual annual operating expense ratio.

EQ/AllianceBernstein Davis Value Portfolio Value Portfolio (percent) (percent)

Management Fee 12 ...... 0.75 0.60 Rule 12b–1 Fee 13 ...... None None Other Expenses ...... 0.06 0.13 Total Annual Operating Expenses ...... 0.81 14 0.73 Less Fee Waiver/Expense Reimbursement 15 ...... N/A (0.03) Net Annual Operating Expenses ...... 0.81 0.70 12 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The Removed Portfolio’s management fee schedule does not include breakpoints. 13 Class IA shares of the Replacement Portfolio are not subject to a Rule 12b–1 plan. The shares of the Removed Portfolio are subject to such a plan, but the Portfolio currently does not make any payments under the plan. 14 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 15 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.70%.

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As of December 31, 2006, the assets of Income Portfolio (the ‘‘Replacement immediately after the Substitution. the Replacement Portfolio were Portfolio’’ for purposes of this Accordingly, the section 26 Applicants approximately $4.4 billion, while the discussion) is smaller than the T. Rowe represent that the Substitution will assets of the Removed Portfolio were Price Equity Income Portfolio (the benefit the Contract owners and approximately $772 million. ‘‘Removed Portfolio’’ for purposes of participants by lowering the annual 5. T. Rowe Price Equity Income Portfolio this discussion), the section 26 operating expense ratio. Replaced by EQ/Boston Advisors Equity Applicants anticipate that the Income Portfolio (Class IA Shares) Replacement Portfolio’s net annual As provided in the chart below and operating expense ratio will be lower although the EQ/Boston Advisors Equity than that of the Removed Portfolio

T. Rowe Price Equity EQ/Boston Advisors Income Portfolio Equity Income Portfolio (percent) (percent)

Management Fee16 ...... 0.85 0.75 Rule 12b–1 Fee ...... None None Other Expenses ...... None 0.15 Total Annual Operating Expenses ...... 0.85 17 0.9010 Less Fee Waiver/Expense Reimbursement 18 ...... N/A (0.10) Net Annual Operating Expenses ...... 0.85 0.80 16 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.750% of the first $1 billion; 0.700% on the next $1 billion; 0.675% on the next $3 billion; 0.650% on the next $5 billion; and 0.625% thereafter. The management fee schedule of the Re- moved Portfolio does not include breakpoints. 17 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 18 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.80%.

As of December 31, 2006, the assets of EQ/BlackRock Basic Value Equity to Rule 12b–1 under the 1940 Act, while the Replacement Portfolio were Portfolio’s (the ‘‘Replacement Portfolio’’ Series I shares of the Removed Portfolio approximately $449 million, while the for purposes of this discussion) net are not subject to such a plan. However, assets of the Removed Portfolio were annual operating expense ratio will be the section 26 Applicants contend that approximately $2.0 billion. lower than that of the AIM V.I. Basic the Substitution will benefit the 6. AIM V.I. Basic Value Fund (Series I Value Fund (the ‘‘Removed Portfolio’’ Contract owners and participants by Shares) Replaced by EQ/BlackRock for purposes of this discussion) lowering the annual operating expense Basic Value Equity Portfolio (Class IB immediately after the Substitution. The ratio. Shares) section 26 Applicants note that the As provided in the chart below, the Class IB shares of the Replacement section 26 Applicants anticipate that the Portfolio have adopted a plan pursuant

AIM V.I. Basic EQ/BlackRockBasic Value Fund Value Equity Portfolio (percent) (percent)

Management Fee 19 ...... 0.72 0.55 Rule 12b–1 Fee 20 ...... None 0.25 Other Expenses ...... 0.30 0.14 Total Annual Operating Expenses ...... 1.02 21 0.94 Less Fee Waiver/Expense Reimbursement 22 ...... (0.05) 0.00 Net Annual Operating Expenses ...... 0.97 0.94 19 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.600% of the first $1 billion; 0.550% on the next $1 billion; 0.525% on the next $3 billion; 0.500% on the next $5 billion; and 0.475% thereafter. The management fee schedule for the Re- moved Portfolio on an annual basis is equal to 0.725% of the first $500 million in assets; 0.700% on the next $500 million in assets; 0.675% on the next $500 million in; 0.65% on assets over $1.5 billion. 20 Class IB shares of the Replacement Portfolio have adopted a plan pursuant to Rule 12b–1 under the 1940 Act while the Series I shares of the Removed Portfolio are not subject to such a plan. The maximum Rule 12b–1 fee for the Replacement Portfolio’s Class IB shares is 0.50%, however, under an arrangement approved by the Trust’s Board of Trustees, the Rule 12b–1 fee currently is limited to 0.25% of the average daily net assets attributable to the Portfolio’s Class IB shares. This arrangement will be in effect at least until April 30, 2008. 21 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 22 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IB shares of the Portfolio do not exceed 0.95%. The manager of the Removed Portfolio has contractually agreed to waive advisory fees and/or reimburse expenses of the Portfolio through April 30, 2008 to the extent necessary to limit Annual Operating Expenses of Series I shares to 1.30%. The amount shown above in ‘‘Less Fee Waiver/Expense Reimbursement’’ for the Removed Portfolio reflects a voluntary man- agement fee waiver by the Portfolio’s adviser.

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As of December 31, 2006, the assets of 7. Dreyfus Appreciation Portfolio (Initial annual operating expense ratio will be the Replacement Portfolio were Shares) Replaced by EQ/ lower than that of the Dreyfus approximately $3.6 billion, while the AllianceBernstein Common Stock Appreciation Portfolio (the ‘‘Removed assets of the Removed Portfolio were Portfolio (Class IA Shares) Portfolio’’ for purposes of this approximately $829 million. discussion) immediately after the As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the EQ/AllianceBernstein Common Stock Substitution will benefit the Contract Portfolio’s (the ‘‘Replacement Portfolio’’ owners and participants by lowering the for purposes of this discussion) net annual operating expense ratio.

Dreyfus Appreciation EQ/AllianceBernstein Portfolio Common Stock Portfolio (percent) (percent)

Management Fee 23 ...... 0.75 0.47 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.07 0.13 Total Annual Operating Expenses ...... 0.82 24 0.60 23 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.550% of the first $1 billion; 0.500% on the next $1 billion; 0.475% on the next $3 billion; 0.450% on the next $5 billion; and 0.425% thereafter. The management fee schedule for the Re- moved Portfolio on an annual basis is equal to 0.75% of the $1 billion; 0.70% on the next $1 billion; and 0.65% over $2 billion. 24 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5.

As of December 31, 2006, the assets of 8. Fidelity Growth Opportunities respectively, than that of the Initial the Replacement Portfolio were Portfolio (Initial Class and Service Class Class and Service Class shares of the approximately $9.5 billion, while the Shares) Replaced by EQ/Capital Fidelity Growth Opportunities Portfolio assets of the Removed Portfolio were Guardian Research Portfolio (Class IA (the ‘‘Removed Portfolio’’ for purposes approximately $796 million. Shares) of this discussion) immediately after the As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the EQ/Capital Guardian Research Substitution will benefit the Contract Portfolio’s (‘‘Replacement Portfolio’’ for owners and participants by increasing purposes of this discussion) net annual Portfolio assets and lowering annual operating expense ratio will be lower, operating expense ratios.

Fidelity Growth Fidelity Growth Opportunities Portfolio Opportunities Portfolio EQ/Capital Guardian (Initial Class shares) (Service Class shares) Research Portfolio (percent) (percent) (percent)

Management Fee 25 ...... 0.57 0.57 0.65 Rule 12b–1 Fee 26 ...... None 0.10 None Other Expenses ...... 0.15 0.15 0.78 Total Annual Operating Expenses ...... 0.72 0.82 27 0.78 Less Fee Waiver/Expense Reimbursement 28 ...... (0.00) (0.00) (0.08 ) Net Annual Operating Expenses ...... 0.72 0.82 0.70 25 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The management fee rate for the Removed Portfolio is the sum of a group fee rate and an individual rate (0.30%). The group fee rate is based on the average net assets of all mutual funds advised by the Removed Portfolio’s manager and includes breakpoints as total assets under management increase. The group fee rate cannot rise above 0.52%. The individual fee rate does not include breakpoints. The total management fee is calculated by adding the group fee rate to the individual fund fee rate, dividing by twelve, and multiplying the result by the Portfolio’s average net assets throughout the month. 26 Class IA shares of the Replacement Portfolio are not subject to a Rule 12b–1 plan. Initial Class and Service Class shares of the Removed Portfolio are subject to such a plan. The Rule 12b–1 plan for the Initial Class shares of the Removed Portfolio provides that the manager of the Portfolio may use its management fee revenues, as well as past profits or its resources from any other source, to pay the distributor for ex- penses incurred in connection with providing services intended to result in the sale of Initial Class shares. 27 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 28 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.70%. The Manager of the Removed Portfolio has voluntarily agreed to reimburse the Port- folio to the extent that the operating expenses of Initial Class and Service Class shares exceed 0.85% and 0.95%, respectively.

As of December 31, 2006, the assets of 9. OpCap Equity Portfolio Replaced by Portfolio’s (the ‘‘Replacement Portfolio’’ the Replacement Portfolio were EQ/Capital Guardian Research Portfolio for purposes of this discussion) net approximately $1.1 billion, while the (Class IA Shares) annual operating expense ratio will be assets of the Removed Portfolio lower than that of the OpCap Equity (including all share classes) were As provided in the chart below, the Portfolio (the ‘‘Removed Portfolio’’ for approximately $561 million. section 26 Applicants anticipate that the purposes of this discussion) EQ/Capital Guardian Research

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immediately after the Substitution. represent that the Substitution will participants by lowering the annual Accordingly, the section 26 Applicants benefit the Contract owners and operating expense ratio.

EQ/Capital Guardian OpCap Equity Portfolio Research Portfolio (percent) (percent)

Management Fee 29 ...... 0.80 0.65 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.36 0.13 Total Annual Operating Expenses ...... 1.16 30 0.78 Less Fee Waiver/Expense Reimbursement 31 ...... (0.15) (0.08) Net Annual Operating Expenses ...... 1.01 0.70 29 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The management fee schedule for the Re- moved Portfolio does not include breakpoints. 30 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 31 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.70%. With respect to the Removed Portfolio, the investment adviser has contractually agreed through December 31, 2017 to reduce Total Annual Operating Expenses of the Removed Portfolio to the extent they would exceed 1.00% (net of any expenses offset by earnings credits from the custodian bank). Net Annual Operating Expenses do not reflect a reduction of custody expenses offset by custody credits earned on cash balances at the custodian bank. Thus, the number shown above in Net Annual Oper- ating Expenses includes such custody expenses.

As of December 31, 2006, the assets of 10. Oppenheimer Main Street Fund/VA this discussion), the Section 26 the Replacement Portfolio were (Service Sares) Replaced by EQ/Capital Applicants anticipate that the approximately $1.1 billion, while the Guardian Research Portfolio (Class IA Replacement Portfolio’s net annual assets of the Removed Portfolio were Shares) operating expense ratio will be lower approximately $20 million. As provided in the chart below and than that of the Removed Portfolio although the EQ/Capital Guardian immediately after the Substitution. Research Portfolio (the ‘‘Replacement Accordingly, the section 26 Applicants Portfolio’’ for purposes of this represent that the Substitution will discussion) is smaller than the benefit the Contract owners and Oppenheimer Main Street Fund/VA (the participants by lowering the annual ‘‘Removed Portfolio’’ for purposes of operating expense ratio.

Oppenheimer Main EQ/Capital Guardian Street Fund/VA Research Portfolio (percent) (percent)

Management Fee 32 ...... 0.64 0.65 Rule 12b–1 Fee 33 ...... 0.25 None Other Expenses ...... 0.02 0.13 Total Annual Operating Expenses ...... 0.91 34 0.78 Less Fee Waiver/Expense Reimbursement 35 ...... 0.00 (0.08 ) Net Annual Operating Expenses ...... 0.91 0.70 32 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The management fee schedule for the Re- moved Portfolio on an annual basis is equal to 0.75% of the first $200 million; 0.72% of the next $200 million; 0.69% of the next $200 million; 0.66% of the next $200 million; and 0.60% of average annual net assets in excess of $800 million. 33 Class IA shares of the Replacement Portfolio are not subject to a Rule 12b-1 plan. Service shares of the Removed Portfolio are subject to such a plan. 34 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 35 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.70%. The Removed Portfolio’s transfer agent has voluntarily agreed to limit transfer and shareholder servicing agent fees (as reflected in ‘‘other expenses’’) to 0.35% per fiscal year. For the fiscal year ended December 31, 2006, the transfer agent fees did not exceed the expense limit.

As of December 31, 2006, the assets of 11. AIM V.I. Mid Cap Core Equity expense ratio will be lower than that of the Replacement Portfolio were Portfolio (Series I Shares) Replaced by the AIM V.I. Mid Cap Core Equity approximately $1.1 billion, while the EQ/FI Mid Cap Portfolio (Class IA Portfolio (the ‘‘Removed Portfolio’’ for assets of the Removed Portfolio were Shares) purposes of this discussion) approximately $2.1 billion. immediately after the Substitution. As provided in the chart below, the Accordingly, the section 26 Applicants section 26 Applicants anticipate that the represent that the Substitution will EQ/FI Mid Cap Portfolio’s (the benefit the Contract owners and ‘‘Replacement Portfolio’’ for purposes of participants by lowering the annual this discussion) net annual operating operating expense ratio.

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AIM V.I. Mid Cap Core Equity Fund EQ/FI Mid Cap Portfolio (percent) (percent)

Management Fee 36 ...... 0.72 0.68 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.32 0.15 Acquired Fund Fees and Expenses ...... 0.02 N/A Total Annual Operating Expenses (including Acquired Fund Fees and Expenses) ...... 1.06 37 0.83 Less Fee Waiver/Expense Reimbursement 38 ...... 0.00 (0.08 ) Net Annual Operating Expenses (including Acquired Fund Fees and Expenses) ...... 1.06 0.75 36 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.700% of the first $1 billion; 0.650% on the next $1 billion; 0.625% on the next $3 billion; 0.600% on the next $5 billion; and 0.575% thereafter. The management fee schedule for the Re- moved Portfolio on an annual basis is equal to 0.725% of the first $500 million in assets; 0.700% on the next $500 million in assets; 0.675% on the next $500 million in assets; 0.65% on assets over $1.5 billion. 37 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 38 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.75%. The manager of the Removed Portfolio has contractually agreed to waive its advisory fees and/or reimburse expenses of the Portfolio, through April 30, 2008, to the extent necessary to limit Total Annual Operating Expenses of Se- ries I shares to 1.30%.

As of December 31, 2006, the assets of 12. Alger American MidCap Growth this discussion), the section 26 the Replacement Portfolio were Portfolio (Class O shares) Replaced by Applicants anticipate that the approximately $1.6 billion, while the EQ/Van Kampen Mid Cap Growth Replacement Portfolio’s net annual assets of the Removed Portfolio were Portfolio (Class IA Shares) operating expense ratio will be lower approximately $638 million. As provided in the chart below and than that of the Removed Portfolio although the EQ/Van Kampen Mid Cap immediately after the Substitution. Growth Portfolio (the ‘‘Replacement Accordingly, the Section 26 Applicants Portfolio’’ for purposes of this represent that the Substitution will discussion) is smaller than the Alger benefit the Contract owners and American MidCap Growth Portfolio (the participants by lowering the annual ‘‘Removed Portfolio’’ for purposes of operating expense ratio.

Alger American MidCap EQ/Van Kampen Mid Cap Growth Portfolio Growth Portfolio (percent) (percent)

Management Fee 39 ...... 0.76 0.70 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.15 0.23 Total Annual Operating Expenses ...... 0.91 40 0.93 Less Fee Waiver/Expense Reimbursement 41 ...... N/A (0.13) Net Annual Operating Expenses ...... 0.91 0.80 39 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.700% of the first $1 billion; 0.650% on the next $1 billion; 0.625% on the next $3 billion; 0.600% on the next $5 billion; and 0.575% thereafter. The management fee schedule for the Re- moved Portfolio does not include breakpoints. 40 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 41 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.80%.

As of December 31, 2006, the assets of 13. MFS Mid Cap Growth Series (Initial discussion), the section 26 Applicants the Replacement Portfolio were Class Shares) Replaced by EQ/Van anticipate that the Replacement approximately $139 million, while the Kampen Mid Cap Growth Portfolio Portfolio’s net annual operating expense assets of the Removed Portfolio were (Class IA Shares) ratio will be lower than that of the approximately $333 million. As provided in the chart below and Removed Portfolio immediately after the although the EQ/Van Kampen Mid Cap Substitution. Accordingly, the section Growth Portfolio (the ‘‘Replacement 26 Applicants represent that the Portfolio’’ for purposes of this Substitution will benefit the Contract discussion) is smaller than the MFS Mid owners and participants by lowering the Cap Growth Series (the ‘‘Removed annual operating expense ratio. Portfolio’’ for purposes of this

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MFS Mid Cap Growth EQ/Van Kampen Mid Cap Series Growth Portfolio (percent) (percent)

Management Fee 42 ...... 0.75 0.70 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.15 0.23 Total Annual Operating Expenses ...... 0.90 43 0.93 Less Fee Waiver/Expense Reimbursement 44 ...... N/A (0.13) Net Annual Operating Expenses ...... 0.90 0.80 42 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.700% of the first $1 billion; 0.650% on the next $1 billion; 0.625% on the next $3 billion; 0.600% on the next $5 billion; and 0.575% thereafter. 43 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 44 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.80%.

As of December 31, 2006, the assets of 14. Dreyfus Small Cap Stock Index operating expense ratio will be lower the Replacement Portfolio were Portfolio (Service Shares) Replaced by than that of the Dreyfus Small Cap Stock approximately $139 million, while the EQ/Small Company Index Portfolio Index Portfolio (the ‘‘Removed assets of the Removed Portfolio were (Class IA Shares) Portfolio’’ for purposes of this approximately $233 million. discussion) immediately after the As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the EQ/Small Company Index Portfolio’s Substitution will benefit the Contract (the ‘‘Replacement Portfolio’’ for owners and participants by lowering the purposes of this discussion) net annual annual operating expense ratio.

Dreyfus Small Cap EQ/Small Company Stock Index Portfolio Index Portfolio (percent) (percent)

Management Fee 45 ...... 0.35 0.25 Rule 12b–1 Fee 46 ...... 0.25 None Other Expenses ...... 0.01 0.16 Acquired Fund Fees and Expenses ...... 0.02 0.01 Total Annual Operating Expenses ...... 0.63 47 0.42 Less Fee Waiver/Expense Reimbursement 48 ...... N/A 0.00 Net Annual Operating Expenses ...... 0.63 0.42 45 The management fee schedules for the Replacement Portfolio and Removed Portfolio do not include breakpoints. 46 Class IA shares of the Replacement Portfolio are not subject to a Rule 12b–1 plan. The Service shares of the Removed Portfolio are subject to such a plan. 47 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 48 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.60%.

As of December 31, 2006, the assets of 15. OpCap Small Cap Portfolio than that of the OpCap Small Cap the Replacement Portfolio were Replaced by EQ/Small Company Index Portfolio (the ‘‘Removed Portfolio’’ for approximately $1.1 billion, while the Portfolio (Class IA Shares) purposes of this discussion) assets in the Removed Portfolio were As provided in the chart below, the immediately after the Substitution. approximately $466 million. section 26 Applicants anticipate that the Accordingly, the Section 26 Applicants EQ/Small Company Index Portfolio’s represent that the Substitution will (the ‘‘Replacement Portfolio’’ for benefit the Contract owners and purposes of this discussion) net annual participants by lowering the annual operating expense ratio will be lower operating expense ratio.

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OpCap Small Cap EQ/Small Company Portfolio Index Portfolio (percent) (percent)

Management Fee 49 ...... 0.80 0.25 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.13 0.16 Acquired Fund Fees and Expenses ...... N/A 0.01 Total Annual Operating Expenses ...... 0.93 50 0.42 Less Fee Waiver/Expense Reimbursement 51 ...... 0.00 0.00 Net Annual Operating Expenses ...... 0.93 0.42 49 The management fee schedules for the Replacement Portfolio and Removed Portfolio do not include breakpoints. 50 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 51 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.60%. With respect to the Removed Portfolio, the investment adviser has agreed through De- cember 31, 2015 to reduce Annual Operating Expenses of the Removed Portfolio to the extent they would exceed 1.00% (net of any expenses offset by earnings credits from the custodian bank). Net Annual Operating Expenses do not reflect a reduction of custody expenses offset by custody credits earned on cash balances at the custodian bank.

As of December 31, 2006, the assets of 16. MFS New Discovery Series (Initial discussion) net annual operating the Replacement Portfolio were Class Shares) Replaced by EQ/ expense ratio will be lower than that of approximately $1.1 billion, while the AllianceBernstein Small Cap Growth the MFS New Discovery Series (the assets of the Removed Portfolio were Portfolio (Class IA Shares) ‘‘Removed Portfolio’’ for purposes of approximately $175 million. this discussion) immediately after the As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the EQ/AllianceBernstein Small Cap Substitution will benefit the Contract Growth Portfolio’s (the ‘‘Replacement owners and participants by lowering the Portfolio’’ for purposes of this annual operating expense ratio.

MFS New Discovery EQ/Alliance Bernstein Series (Initial shares) Cap Growth Portfolio (percent) (percent)

Management Fee 52 ...... 0.90 0.74 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.13 0.13 Total Annual Operating Expenses ...... 1.03 53 0.87 52 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.750% of the first $1 billion; 0.700% on the next $1 billion; 0.675% on the next $3 billion; 0.650% on the next $5 billion; and 0.625% thereafter. 53 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5.

As of December 31, 2006, the assets of 17. Janus Flexible Bond Portfolio respectively, than that of the the Replacement Portfolio were (Institutional and Service Shares) Institutional and Service shares of the approximately $1.2 billion, while the Replaced by EQ/JPMorgan Core Bond Janus Flexible Bond Portfolio (the assets of the Removed Portfolio were Portfolio (Class IA Shares) ‘‘Removed Portfolio’’ for purposes of approximately $819 million. As provided in the chart below, the this discussion) immediately after the section 26 Applicants anticipate that the Substitution. Accordingly, the section Class IA shares of the EQ/JPMorgan 26 Applicants represent that the Core Bond Portfolio’s (the ‘‘Replacement Substitution will benefit the Contract Portfolio’’ for purposes of this owners and participants by lowering discussion) net annual operating annual operating expense ratios. expense ratio will be lower,

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Janus Flexible Bond Janus Flexible Bond EQ/JPMorgan Core Portfolio Portfolio Bond Portfolio (Institutional shares) (Service shares) (Class IA shares) (percent) (percent) (percent)

Management Fee 54 ...... 0.55 0.55 0.44 Rule 12b–1 Fee 55 ...... None 0.25 None Other Expenses ...... 0.10 0.10 0.15 Total Annual Operating Expenses ...... 0.65 0.90 56 0.59 Less Fee Waiver/Expense Reimbursement 57 ...... 0.00 0.00 0.00 Net Annual Operating Expenses ...... 0.65 0.90 0.59 54 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.450% of the first $750 million; 0.425% on the next $750 million; 0.400% on the next $1 billion; 0.380% on the next $2.5 billion; and 0.370% thereafter. The management fee schedule for the Removed Portfolio does not include breakpoints. 55 Class IA shares of the Replacement Portfolio and Institutional shares of the Removed Portfolio are not subject to Rule 12b–1 plans. The Service shares of the Removed Portfolio are subject to such a plan. 56 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 57 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008 pursuant to an expense limitation agreement so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.60%. The manager of the Removed Portfolio has contractually agreed to waive the Port- folio’s total operating expenses through May 1, 2008 such that they do not exceed 0.90% for Institutional and Service shares.

As of December 31, 2006, the assets of 18. PIMCO Total Return Portfolio this discussion), the section 26 the Replacement Portfolio were (Administrative Shares) Replaced by Applicants anticipate that the approximately $1.6 billion, while the EQ/JPMorgan Core Bond Portfolio (Class Replacement Portfolio’s net annual assets of the Removed Portfolio IA Shares) operating expense ratio will be lower (including all share classes) were As provided in the chart below and than that of the Removed Portfolio approximately $292 million. although the Class IA shares of the EQ/ immediately after the Substitution. JPMorgan Core Bond Portfolio (the Accordingly, the Section 26 Applicants ‘‘Replacement Portfolio’’ for purposes of represent that the Substitution will this discussion) is smaller than the benefit the Contract owners and PIMCO Total Return Portfolio (the participants by lowering the annual ‘‘Removed Portfolio’’ for purposes of operating expense ratio.

EQ/JPMorgan Core PIMCO Total Return Bond Portfolio Portfolio (percent) (percent)

Management Fee 58 ...... 0.25 0.44 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.40% 0.15% Total Annual Operating Expenses ...... 0.65 59 0.59 Less Fee Waiver/Expense Reimbursement 60 ...... N/A 0.00 Net Annual Operating Expenses ...... 0.65 0.59 58 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.450% of the first $750 million; 0.425% on the next $750 million; 0.400% on the next $1 billion; 0.380% on the next $2.5 billion; and 0.370% thereafter. The management fee schedule for the Removed Portfolio does not include breakpoints. 59 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 60 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.60%.

As of December 31, 2006, the assets of 19. Universal Core Plus Fixed Income the Universal Core Plus Fixed Income the Replacement Portfolio were Portfolio (Class I shares) Replaced by Portfolio (the ‘‘Removed Portfolio’’ for approximately $1.6 billion, while the EQ/JPMorgan Core Bond Portfolio (Class purposes of this discussion) assets of the Removed Portfolio were IA Shares) immediately after the Substitution. approximately $3.3 billion. As provided in the chart below, the Accordingly, the section 26 Applicants section 26 Applicants anticipate that the represent that the Substitution will EQ/JPMorgan Core Bond Portfolio’s (the benefit the Contract owners and ‘‘Replacement Portfolio’’ for purposes of participants by lowering the annual this discussion) net annual operating operating expense ratio. expense ratio will be lower than that of

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Universal Core Plus EQ/JPMorgan Core Fixed Income Bond Portfolio Portfolio (percent) (percent)

Management Fee 61 ...... 0.38 0.44 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.30 0.15 Total Annual Operating Expenses ...... 0.68 62 0.59 Less Fee Waiver/Expense Reimbursement 63 ...... 0.00 0.00 Net Annual Operating Expenses ...... 0.68 0.59 61 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.450% of the first $750 million; 0.425% on the next $750 million; 0.400% on the next $1 billion; 0.380% on the next $2.5 billion; and 0.370% thereafter. The management fee schedule for the Removed Portfolio on an annual basis is equal to 0.375% up to $1 billion; 0.30% over $1 billion. 62 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 63 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.60%. The manager of the Removed Portfolio has voluntarily agreed to reduce its advisory fee and/or reimburse the Portfolio so that annual operating expenses will not exceed 0.70%.

As of December 31, 2006, the assets of 20. OpCap Renaissance Portfolio lower than that of the OpCap the Replacement Portfolio were Replaced by EQ/Lord Abbett Mid Cap Renaissance Portfolio (the ‘‘Removed approximately $1.6 billion, while the Value Portfolio (Class IA Shares) Portfolio’’ for purposes of this assets of the Removed Portfolio were As provided in the chart below, the discussion) immediately after the approximately $424 million. section 26 Applicants anticipate that the Substitution. Accordingly, the section EQ/Lord Abbett Mid Cap Value 26 Applicants represent that the Portfolio’s (the ‘‘Replacement Portfolio’’ Substitution will benefit the Contract for purposes of this discussion) net owners and participants by lowering the annual operating expense ratio will be annual operating expense ratio.

EQ/Lord Abbett Mid Cap OpCap Renaissance Value Portfolio Portfolio (percent) (percent)

Management Fee 64 ...... 0.80 0.70 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.29 0.18 Total Annual Operating Expenses ...... 1.09 65 0.88 Less Fee Waiver/Expense Reimbursement 66 ...... (0.07) (0.08) Net Annual Operating Expenses ...... 1.02 0.80 64 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.700% of the first $1 billion; 0.650% on the next $1 billion; 0.625% on the next $3 billion; 0.600% on the next $5 billion; and 0.575% thereafter. The management fee schedule for the Re- moved Portfolio does not include breakpoints. 65 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 66 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008 pursuant to an expense limitation agreement so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.80%. With respect to the Removed Portfolio, the investment adviser has contractually agreed through December 31, 2017 to reduce Total Annual Operating Expenses of the Removed Portfolio to the extent they would exceed 1.00% (net of any expenses offset by earnings credits from the custodian bank).

As of December 31, 2006, the assets of 21. T. Rowe Price New America Growth than that of the T. Rowe Price New the Replacement Portfolio were Portfolio Replaced by EQ/Capital America Growth Portfolio (the approximately $322 million, while the Guardian Growth Portfolio (Class IA ‘‘Removed Portfolio’’ for purposes of assets of the Removed Portfolio were Shares) this discussion) immediately after the approximately $35 million. As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the EQ/Capital Guardian Growth Portfolio’s Substitution will benefit the Contract (the ‘‘Replacement Portfolio’’ for owners and participants by lowering the purposes of this discussion) net annual annual operating expense ratio. operating expense ratio will be lower

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T. Rowe Price New America EQ/Capital Guardian Growth Portfolio Growth Portfolio (percent) (percent)

Management Fee 67 ...... 0.85 0.65 Rule 12b–1 Fee ...... None None Other Expenses ...... 0.00 0.16 Total Annual Operating Expenses ...... 0.85 68 0.81 Less Fee Waiver/Expense Reimbursement 69 ...... N/A (0.11) Net Annual Operating Expenses ...... 0.85 0.70 67 The management fee schedule for the Replacement Portfolio on an annual basis is equal to 0.650% of the first $1 billion; 0.600% on the next $1 billion; 0.575% on the next $3 billion; 0.550% on the next $5 billion; and 0.525% thereafter. The management fee schedule for the Re- moved Portfolio does not include breakpoints. 68 The total annual operating expenses of the Replacement Portfolio have been restated to reflect recent changes to the administration fees charged with respect to that Portfolio, as described in footnote 5. 69 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA shares of the Portfolio do not exceed 0.70%.

As of December 31, 2006, the assets of Class IA and Class IB shares of the EQ/ IB shares of the Replacement Portfolio the Replacement Portfolio were Van Kampen Real Estate Portfolio (the will be the same as those of the approximately $402 million, while the ‘‘Replacement Portfolio’’ for purposes of corresponding class of shares of the assets of the Removed Portfolio were this discussion) for Class I and Class II Removed Portfolio immediately after the approximately $91 million. shares, respectively, of the Universal Substitution. Accordingly, the section 22. Universal U.S. Real Estate Portfolio U.S. Real Estate Portfolio (the ‘‘Removed 26 Applicants represent that the (Class I and Class II Shares) Replaced by Portfolio’’ for purposes of this Substitution will benefit the Contract EQ/Van Kampen Real Estate Portfolio discussion). As provided in the chart owners and participants by maintaining (Class IA and Class IB Shares) below, the Section 26 Applicants annual operating expense ratios. Under the proposed Substitutions, the anticipate that the net annual operating Insurance Companies would substitute expense ratios of the Class IA and Class

Universal U.S. EQ/Van Kampen Real Estate Portfolio Real Estate Portfolio (Class I shares) (Class IA shares)* (percent) (percent)

Management Fee 70 ...... 0.74% 0.90% Rule 12b–1 Fee ...... None None Other Expenses ...... 0.27 0.13 Total Annual Operating Expenses ...... 1.01 1.03 Less Fee Waiver/Expense Reimbursement 71 ...... (0.00) (0.02) Net Annual Operating Expenses ...... 1.01 1.01

Universal U.S. EQ/Van Kampen Real Estate Portfolio Real Estate Portfolio (Class II shares) (Class IB shares)* (percent) (percent)

Management Fee 70 ...... 0.74 0.90 Rule 12b–1 Fee 72 ...... 0.35 0.25 Other Expenses ...... 0.27 0.13 Total Annual Operating Expenses ...... 1.36 1.28 Less Fee Waiver/Expense Reimbursement 71 ...... (0.10) (0.02) Net Annual Operating Expenses ...... 1.26 1.26 * The EQ/Van Kampen Real Estate Portfolio is a newly created Portfolio, therefore, the fees and expenses presented in the table above are estimates for the current fiscal period. 70 The annual management fee rate for the Replacement Portfolio as a percentage of the Portfolio’s average daily net assets is equal to 0.90% on the first $1 billion; 0.85% on the next $1 billion; 0.825% on the next $3 billion; 0.80% on the next $5 billion; and 0.775% thereafter. The an- nual management fee rate for the Removed Portfolio as a percentage of the Portfolio’s average daily net assets is equal to 0.80% on the first $500 million; 0.75% from $500 million to $1 billion; and 0.70% thereafter. 71 The Manager of the Replacement Portfolio has agreed to make payments or waive its management, administrative and other fees to limit the expenses of the Portfolio through April 30, 2008, pursuant to an expense limitation agreement, so that the Net Annual Operating Expenses of the Class IA and Class IB shares of the Portfolio do not exceed an annual rate of 1.01% and 1.26%, respectively. The adviser of the Removed Portfolio has voluntarily agreed to reduce its advisory fee and/or reimburse the Portfolio so that the Annual Operating Expenses of the Class I and Class II shares of the Portfolio do not exceed an annual rate of 1.10% and 1.35%, respectively. The amount show above in ‘‘Less Fee Waiv- er/Expense Reimbursement’’ for the Class II shares of the Removed Portfolio includes a voluntary fee waiver by the Portfolio’s distributor. 72 Class II shares of the Removed Portfolio and Class IB shares of the Replacement Portfolio are subject to a Rule 12b–1 plan. The maximum Rule 12b–1 fee for the Removed Portfolio’s Class II shares is 0.35%. The maximum Rule 12b–1 fee for the Replacement Portfolio’s Class IB shares is 0.50%, however, under an arrangement approved by the Trust’s Board of Trustees, the Rule 12b–1 fee currently is limited to 0.25% of the average daily net assets attributable to the Portfolio’s Class IB shares. This arrangement will be in effect at least until April 30, 2008.

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As of December 31, 2006, the Assets 23. Alger American Balanced Portfolio expense ratio will be lower than that of of the Removed Portfolio (including all (Class O Shares) Replaced by Franklin the Alger American Balanced Portfolio share classes) were approximately $2.6 Income Securities Fund (Class 2 Shares) (the ‘‘Removed Portfolio’’ for purposes billion. of this discussion) immediately after the As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the Franklin Income Securities Fund’s (the Substitution will benefit the Contract ‘‘Replacement Portfolio’’ for purposes of owners and participants by lowering the this discussion) net annual operating annual operating expense ratio.

Alger American Balanced Franklin Income Securi- Portfolio ties Fund (percent) (percent)

Management Fee 73 ...... 0.71 0.46 Rule 12b–1 Fee 74 ...... None 0.25 Other Expenses ...... 0.15 0.01 Total Annual Operating Expenses ...... 0.86 0.72 Less Fee Waiver/Expense Reimbursement 75 ...... (0.04) N/A Net Annual Operating Expenses ...... 0.82 0.72 73 The management fee schedule for the Replacement Portfolio is equal to 0.625% of the value of net assets up to and including $100 million; plus 0.50% of the value of net assets over $100 million up to and including $250 million; plus 0.45% of the value of net assets over $250 million up to and including $10 billion; plus 0.44% of the value of net assets over $10 billion up to and including $12.5 billion; plus 0.42% of the value of net assets over $12.5 billion up to and including $15 billion; plus 0.40% of the value of net assets over $15 billion. The management fee sched- ule for the Removed Portfolio does not include breakpoints. 74 The Removed Portfolio is not subject to a Rule 12b–1 plan, but the Replacement Portfolio is subject to such a plan. The maximum Rule 12b–1 fee for the Replacement Portfolio’s Class 2 shares is 0.35%, however, the Portfolio’s board of trustees has set the current rate at 0.25% per year until through May 1, 2008. 75 Effective December 1, 2006 through November 30, 2011, the manager of the Removed Portfolio has contractually agreed to waive 0.04% of its advisory fees.

As of December 31, 2006, the assets of 24. MFS Total Return Series (Initial expense ratio will be lower than that of the Replacement Portfolio were Class Shares) Replaced by Franklin the MFS Total Return Series (the approximately $5.6 billion, while the Income Securities Fund (Class 2 Shares) ‘‘Removed Portfolio’’ for purposes of assets of the Removed Portfolio were this discussion) immediately after the approximately $286 million. As provided in the chart below, the Substitution. Accordingly, the section section 26 Applicants anticipate that the 26 Applicants represent that the Franklin Income Securities Fund’s (the Substitution will benefit the Contract ‘‘Replacement Portfolio’’ for purposes of owners and participants by lowering the this discussion) net annual operating annual operating expense ratio.

MFS Total Franklin Income Securi- Return Series ties Fund (percent) (percent)

Management Fee76 ...... 0.75 0.46 Rule 12b–1 Fee 77 ...... None 0.25 Other Expenses ...... 0.10 0.01 Total Annual Operating Expenses ...... 0.85 0.72 Less Fee Waiver/Expense Reimbursement 78 ...... (0.02) N/A Net Annual Operating Expenses ...... 0.83 0.72 76 The management fee schedule for the Replacement Portfolio is equal to 0.625% of the value of net assets up to and including $100 million; plus 0.50% of the value of net assets over $100 million up to and including $250 million; plus 0.45% of the value of net value over $250 million up to and including $10 billion; plus 0.44% of the value of net assets over $10 billion up to and including $12.5 billion; plus 0.42% of the value of net assets over $12.5 billion up to and including $15 billion; plus 0.40% of the value of net assets over $15 billion. 77 The Removed Portfolio is not subject to a Rule 12b–1 plan, but the Replacement Portfolio is subject to such a plan. The maximum Rule 12b–1 fee for the Replacement Portfolio’s Class 2 shares is 0.35%, however, the Portfolio’s board of trustees has set the current rate at 0.25% per year until through May 1, 2008. 78 The Removed Portfolio’s management fee as set forth in its advisory agreement is 0.75% of average daily net assets annually. The Re- moved Portfolio’s adviser has agreed in writing to reduce its management fee to 0.65% on average daily net assets in excess of $3 billion. For the Removed Portfolio’s most recent fiscal year, the effective management fee was 0.73% of average daily net assets. This written agreement will remain in effect until modified by the Removed Portfolio’s board of trustees.

As of December 31, 2006, the assets of 25. T. Rowe Price Personal Strategy expense ratio will be lower than that of the Replacement Portfolio were Balanced Portfolio Replaced by Franklin the T. Rowe Price Personal Strategy approximately $5.6 billion, while the Income Securities Fund (Class 2 Shares) Balanced Portfolio (the ‘‘Removed assets of the Removed Portfolio were Portfolio’’ for purposes of this approximately $3.9 billion. As provided in the chart below, the discussion) immediately after the section 26 Applicants anticipate that the Substitution. Accordingly, the section Franklin Income Securities Fund’s (the 26 Applicants represent that the ‘‘Replacement Portfolio’’ for purposes of Substitution will benefit the Contract this discussion) net annual operating

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owners and participants by lowering the annual operating expense ratio.

T. Rowe Price Personal Strategy Franklin Income Balanced Portfolio Securities Fund (percent) (percent)

Management Fee 79 ...... 0.90 0.46 Rule 12b–1 Fee 80 ...... None 0.25 Other Expenses ...... None 0.01 Total Annual Operating Expenses ...... 0.90 0.72 Less Fee Waiver/Expense Reimbursement 81 ...... (0.02) N/A Net Annual Operating Expenses ...... 0.88 0.72 79 The management fee schedule for the Replacement Portfolio is equal to 0.625% of the value of net assets up to and including $100 million; plus 0.50% of the value of net assets over $100 million up to and including $250 million; plus 0.45% of the value of net assets over $250 million up to and including $10 billion; plus 0.44% of the value of net assets over $10 billion up to and including $12.5 billion; plus 0.42% of the value of net assets over $12.5 billion up to and including $15 billion; plus 0.40% of the value of net assets over $15 billion. The management fee sched- ule for the Removed Portfolio does not include breakpoints. 80 The Removed Portfolio is not subject to a Rule 12b–1 plan, but the Replacement Portfolio is subject to such a plan. The maximum Rule 12b–1 fee for the Replacement Portfolio’s Class 2 shares is 0.35%, however, the Portfolio’s board of trustees has set the current rate at 0.25% per year until through May 1, 2008. 81 Reflects a credit received from investing in another T. Rowe Price Fund.

As of December 31, 2006, the assets of Initial Class and Service Class shares of Replacement Portfolio will be lower the Replacement Portfolio were the Fidelity Contrafund Portfolio (the than that of the corresponding class of approximately $5.6 billion, while the ‘‘Replacement Portfolio’’ for purposes of shares of the Removed Portfolio assets of the Removed Portfolio were this discussion) for Initial Class and immediately after the Substitution. approximately $178 million. Service Class shares, respectively, of the Accordingly, the Section 26 Applicants 26. Fidelity Growth Portfolio (Initial Fidelity Growth Portfolio (the represent that the Substitution will Class and Service Class Shares) ‘‘Removed Portfolio’’ for purposes of benefit the Contract owners and Replaced by Fidelity Contrafund this discussion). As provided in the participants by lowering annual Portfolio (Initial Class and Service Class chart below, the section 26 Applicants operating expense ratios. Shares) anticipate that the net annual operating Under the proposed Substitution, the expense ratio of each of the Initial Class Insurance Companies would substitute shares and Service Class shares of the

Fidelity Contrafund Fidelity Growth Portfolio Portfolio (Initial Class shares) (Initial Class shares) (percent) (percent)

Management Fee 82 ...... 0.57 0.57 Rule 12b–1 Fee 83 ...... None None Other Expenses ...... 0.11 0.09 Total Annual Operating Expenses ...... 0.68 0.66 Less Fee Waiver/Expense Reimbursement 84 ...... (0.00) (0.00) Net Annual Operating Expenses ...... 0.68 0.66

Fidelity Growth Portfolio Fidelity Contrafund (Service Class shares) Portfolio (percent) (Service Class shares) (percent)

Management Fee 82 ...... 0.57 0.57 Rule 12b–1 Fee 83 ...... 0.10 0.10 Other Expenses ...... 0.11 0.09 Total Annual Operating Expenses ...... 0.78 0.76 Less Fee Waiver/Expense Reimbursement 84 ...... (0.00) (0.00) Net Annual Operating Expenses ...... 0.78 0.76 82 The management fee rate for the Replacement and Removed Portfolios is the sum of a group fee rate and an individual rate (0.30%). The group fee rate is based on the average net assets of all mutual funds advised by the Replacement and Removed Portfolios’ manager and in- cludes breakpoints as total assets under management increase. The group fee rate cannot rise above 0.52%. The individual fee rate does not in- clude breakpoints. The total management fee is calculated by adding the group fee rate to the individual fund fee rate, dividing by twelve, and multiplying the result by the Portfolio’s average net assets throughout the month. 83 Initial Class shares and Service Class shares of the Replacement and Removed Portfolios are subject to Rule 12b–1 plans. The Rule 12b–1 plan for the Initial Class shares of the Removed and Replacement Portfolios provides that the manager of the Portfolios may use its manage- ment fee revenues, as well as past profits or its resources from any other source, to pay the distributor for expenses incurred in connection with providing services intended to result in the sale of Initial Class shares. Such payments have also been authorized by the trust’s board of trustees for the Service Class shares of the Removed and Replacement Portfolios. In addition, the maximum Rule 12b–1 fee for the Removed and Re- placement Portfolios’ Service Class shares is 0.25%; however, each Portfolio currently pays a fee at an annual rate of 0.10%. 84 The Manager of the Replacement and Removed Portfolios has voluntarily agreed to reimburse each Portfolio to the extent that the operating expenses of Initial Class and Service Class shares exceed 0.85% and 0.95%, respectively.

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As of December 31, 2006, the assets of 27. Universal Equity Growth Portfolio of this discussion) immediately after the the Replacement Portfolio (including all (Class I Shares) Replaced by Fidelity Substitution. The section 26 Applicants share classes) were approximately $21 Contrafund Portfolio (Initial Class note that the Initial Class shares of the billion, while the assets of the Removed Shares) Replacement Portfolio have adopted a Portfolio (including all share classes) As provided in the chart below, the plan pursuant to Rule 12b–1 under the were approximately $7.2 billion. section 26 Applicants anticipate that the 1940 Act, while Class I shares of the Fidelity Contrafund Portfolio’s (the Removed Portfolio are not subject to ‘‘Replacement Portfolio’’ for purposes of such a plan. However, the section 26 this discussion) net annual operating Applicants contend that the expense ratio will be lower than that of Substitution will benefit the Contract the Universal Equity Growth Portfolio owners and participants by lowering the (the ‘‘Removed Portfolio’’ for purposes annual operating expense ratio.

Fidelity Contrafund Universal Equity Growth Portfolio Portfolio (Initial Class shares) (percent) (percent)

Management Fee 85 ...... 0.50 0.57 Rule 12b–1 Fee 86 ...... None None Other Expenses ...... 0.34 0.09 Total Annual Operating Expenses ...... 0.84 0.66 Less Fee Waiver/Expense Reimbursement 87 ...... 0.00 (0.00) Net Annual Operating Expenses ...... 0.84 0.66 85 The management fee rate for the Replacement Portfolio is the sum of a group fee rate and an individual rate (0.30%). The group fee rate is based on the average net assets of all mutual funds advised by the Replacement Portfolio’s manager and includes breakpoints as total assets under management increase. The group fee rate cannot rise above 0.52%. The individual fee rate does not include breakpoints. The total man- agement fee is calculated by adding the group fee rate to the individual fund fee rate, dividing by twelve, and multiplying the result by the Port- folio’s average net assets throughout the month. The management fee schedule for the Removed Portfolio on an annual basis is equal to 0.50% on the first $1 billion in assets; 0.45% on assets from $1 billion to $2 billion; 0.40% on assets from $2 billion to $3 billion; and 0.35% on assets over $3 billion. 86 The Removed Portfolio is not subject to a Rule 12b–1 plan, but the Replacement Portfolio is subject to such a plan. The Rule 12b–1 plan for the Initial Class shares of the Removed Portfolio provides that the manager of the Portfolio may use its management fee revenues, as well as past profits or its resources from any other source, to pay the distributor for expenses incurred in connection with providing services intended to result in the sale of Initial shares. 87 The Manager of the Replacement Portfolio has voluntarily agreed to reimburse the Portfolio to the extent that the total operating expenses of Initial shares exceed 0.85%. The manager of the Removed Portfolio has voluntarily agreed to reduce its advisory fee and/or reimburse the Port- folio so that total annual operating expenses, excluding certain investment-related expenses, will not exceed 0.85%.

As of December 31, 2006, the assets of transfers (or exchanges) being treated as relative net asset value. The the Replacement Portfolio were one of a limited number of permitted supplements also advised Contract approximately $21 billion, while the transfers (or exchanges) or a limited owners and participants that for at least assets of the Removed Portfolio were number of transfers (or exchanges) 30 days following each proposed approximately $150 million. permitted without a transfer charge, as Substitution, the Insurance Companies 22. The section 26 Applicants applicable. The supplements also will permit Contract owners and currently expect that the proposed informed Contract owners and participants to make transfers of Substitutions will be carried out on or participants that the Insurance Contract value (or annuity unit value) about August 17, 2007 or as soon as Companies will not exercise any rights out of each Replacement Portfolio reasonably practical thereafter reserved under any Contract to impose subaccount to one or more other (‘‘Substitution Date’’) and by additional restrictions on transfers until subaccounts without the transfers (or supplements to the prospectuses for the at least 30 days after each proposed exchanges) being treated as one of a Contracts and Separate Accounts, which Substitution.88 The supplements also limited number of permitted transfers were delivered to Contract owners and advised Contract owners and (or exchanges) or a limited number of participants at least thirty (30) days participants how to provide instructions transfers (or exchanges) permitted before the Substitutions, each Insurance on reallocating Contract value in light of without a transfer charge, as applicable. Company has notified all Contract the proposed Substitutions. 24. Each Insurance Company has sent owners and participants of its intention 23. In addition, the supplements or will send Contract owners and to take the necessary actions, including advised Contract owners and participants prospectuses for the seeking the order requested by the participants that any Contract value relevant Replacement Portfolios prior to application, to substitute shares of the remaining in a Removed Portfolio the Substitutions. The section 26 Replacement Portfolios for the Removed subaccount on the Substitution Date Applicants will send the appropriate Portfolios as described herein. The will be transferred to the corresponding prospectus supplement (or other notice, supplements advised Contract owners Replacement Portfolio subaccount and in the case of Contracts no longer and participants that from the date of that the Substitutions will take place at actively marketed and for which there the supplement until the date of the are a relatively small number of existing proposed Substitutions, Contract 88 One exception to this is that the Insurance Contract owners or participants), owners and participants are permitted Companies may impose restrictions on transfers to containing this disclosure to all existing to make transfers of Contract value (or prevent or limit disruptive transfer and other Contract owners and participants. ‘‘market timing’’ activities by Contract owners, annuity unit value) out of each participants or agents of Contract owners or Prospective purchasers and new Removed Portfolio subaccount to one or participants as described in the prospectuses for the purchasers of Contracts will be provided more other subaccounts without the Separate Accounts and the Portfolios. with a Contract prospectus and the

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supplement containing disclosure affiliated person will be effected in Portfolio’s net operating expense ratio regarding the Substitutions, as well as a accordance with the conditions set forth (taking into account any expense prospectus and/or supplement for the in the no-action letter issued by the staff waivers or reimbursements) and Replacement Portfolios. The Contract of the Commission to Signature subaccount expense ratio (asset-based prospectus and the supplement and the Financial Group, Inc. (Dec. 28, 1999). fees and charges deducted on a daily prospectus and/or supplement for the 27. Moreover, the section 26 basis from subaccount assets and Replacement Portfolios will be Applicants state that Contract owners reflected in the calculations of delivered to purchasers of new and participants will not incur any fees subaccount unit value) for such period or charges as a result of the proposed Contracts in accordance with all will not exceed, on an annualized basis, applicable legal requirements. Substitutions, nor will their rights or the sum of the corresponding Removed 25. In addition to the prospectus insurance benefits or the Insurance supplements distributed to Contract Companies’ obligations under the Portfolio’s net operating expense ratio owners and participants, within five Contracts be altered in any way. (taking into account any expense business days after the proposed Consequently, all expenses incurred in waivers or reimbursements) and Substitutions are completed, Contract connection with the proposed subaccount expense ratio for fiscal year owners and participants will be sent a Substitutions, including any brokerage, 2006. written notice of the Substitutions legal, accounting, and other fees and 29. With respect to the Substitutions informing them that each Substitution expenses, will be paid by the Insurance involving the Universal Value Portfolio was carried out and that they may Companies. In addition, the proposed (Class I shares), AIM V.I. Basic Value transfer all Contract value or cash value Substitutions will not impose any tax Fund (Series I shares), Fidelity Growth under a Contract invested in any one of liability on Contract owners or Opportunities Portfolio (Initial Class the subaccounts on the date of the participants. The proposed and Service Class shares), PIMCO Total notice to one or more other subaccounts Substitutions will not cause the Return Portfolio (Administrative available under their Contract at no cost Contract fees and charges currently shares), Universal Core Plus Fixed and without regard to the usual limit on being paid by Contract owners and Income Portfolio (Class I shares), and the frequency of transfers among the participants to be greater after the variable account options. The notice proposed Substitutions than before the the Universal U.S. Real Estate Portfolio will also reiterate that (other than with proposed Substitutions. All Contract- (Class I and Class II shares), the Section respect to implementing policies and level fees will remain the same after the 26 Applicants represent that, with procedures designed to prevent proposed Substitutions. No fees will be respect to those who were Contract disruptive transfers and other market charged on the transfers made at the owners or participants on the date of the timing activity) each Insurance time of the proposed Substitutions proposed Substitutions, at no time after Company will not exercise any rights because each proposed Substitution will the date of the Substitution will the reserved by it under the Contracts to not be treated as a transfer for purposes Insurance Companies increase Contract impose additional restrictions on of assessing transfer charges or charges or total Separate Account transfers or, to the extent transfer computing the number of permissible charges (net of any waiver or charges apply to a Contract, to impose transfers under the Contracts. reimbursements) of the subaccounts that any charges on transfers until at least 30 28. With respect to the Substitutions invest in the applicable Replacement days after each proposed Substitution. involving the Old Mutual Select Value Portfolio. If the net operating expenses The Insurance Companies will also send Portfolio, OpCap Managed Portfolio, for the applicable Replacement Portfolio each Contract owner and participant a Davis Value Portfolio, T. Rowe Price (taking into account any expense current prospectus for each of the Equity Income Portfolio, Dreyfus waivers or reimbursements) for any relevant Replacement Portfolios to the Appreciation Portfolio (Initial shares), fiscal quarter following the date of the OpCap Equity Portfolio, Oppenheimer extent they have not previously received Substitution exceed on an annualized a current version. Main Street Fund/VA (Service shares), 26. Each Insurance Company also is AIM V.I. Mid Cap Core Equity Portfolio basis the net expense ratio for the seeking approval of the proposed (Series I shares), Alger American corresponding Removed Portfolio for Substitutions from any state insurance MidCap Growth Portfolio (Class O fiscal year 2006, the Insurance regulators whose approval may be shares), MFS Mid Cap Growth Series Companies will reimburse the Separate necessary or appropriate. The proposed (Initial Class shares), Dreyfus Small Cap Account expenses paid during that Substitutions will take place at relative Stock Index Portfolio (Service shares), quarter of the subaccount that invests in net asset value determined on the date OpCap Small Cap Portfolio, MFS New the applicable Replacement Portfolio to of the Substitutions pursuant to Section Discovery Series (Initial Class shares), the extent necessary to offset the 22 of the 1940 Act and Rule 22c–1 Janus Flexible Bond Portfolio amount by which that Replacement thereunder with no change in the (Institutional and Service shares), Portfolio’s net expense ratio for such amount of any Contract owner’s or OpCap Renaissance Portfolio, and the T. period exceeds, on an annualized basis, participant’s Contract value, cash value, Rowe Price New America Growth that of the corresponding Removed or death benefit or in the dollar value of Portfolio, the section 26 Applicants Portfolio. his or her investment in the Separate represent that, with respect to those 30. The section 26 Applicants also Accounts. Each Substitution will be who were Contract owners or agree that, with respect to shares issued effected by redeeming shares of the participants on the date of the proposed Removed Portfolio in cash and/or in- Substitutions, the Insurance Companies in connection with the proposed kind on the Substitution Date at their will reimburse, on the last business day Substitution involving the Universal net asset value and using the proceeds of each fiscal period (not to exceed a U.S. Real Estate Portfolio, the Rule 12b– of those redemptions to purchase shares fiscal quarter) during the two years 1 fees for the Replacement Portfolio’s of the Replacement Portfolio at their net following the date of the proposed Class IB shares will not be raised above asset value on the same date. All in-kind Substitution, the subaccounts investing the Removed Portfolio’s Class II shares redemptions from a Removed Portfolio in the applicable Replacement Portfolio maximum Rule 12b–1 fee (0.35%) of which any of the Applicants is an such that the sum of the Replacement

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without first obtaining shareholder connection with assets held under cases substantially similar or identical, approval.89 Contracts affected by the Substitutions, investment objectives, policies and 31. In addition, the section 26 the Insurance Companies will not risks. In addition, each proposed Applicants further agree that with receive, for three years from the date of Substitution retains for Contract owners respect to the Substitutions involving the proposed Substitutions, any direct and participants the investment the Alger American Balanced Portfolio or indirect benefits from the relevant flexibility that is a central feature of the (Class O shares), MFS Total Return Replacement Portfolio, its advisers, or Contracts. The section 26 Applicants Series (Initial Class shares), T. Rowe underwriters (or its affiliates) at a rate assert that any impact on the investment Price Personal Strategy Balanced higher than that which they had programs of affected Contract owners Portfolio, Fidelity Growth Portfolio received from the corresponding and participants, including the (Initial Class and Service Class shares), Removed Portfolios, their advisers, or appropriateness of the available and the Universal Equity Growth underwriters (or their affiliates), investment options, should therefore be Portfolio (Class I shares), the Insurance including without limitation, 12b–1, negligible. Companies will not increase total shareholder service, administration or 5. The section 26 Applicants further separate account charges with respect to other service fees, revenue sharing or assert that the ultimate effect of the the corresponding Replacement other arrangements in connection with Substitutions would be to remove Portfolio sub-accounts for any such assets. The Insurance Companies overlapping and duplicative investment outstanding Contracts on the date of the also represent that the proposed options and those investment options Substitutions for a period of two years Substitutions and the selection of the that have not attracted sufficient from the date of the Substitutions. relevant Replacement Portfolio were not Contract owner or participant interest to 32. Moreover, the section 26 motivated by any financial support maintaining them as investment Applicants agree that, with respect to consideration paid or to be paid to the options under the Contracts. The the Substitutions involving the Alger Insurance Companies or their affiliates Substitutions will permit the Insurance American Balanced Portfolio (Class O by the relevant Replacement Portfolio, Companies to present information to shares), MFS Total Return Series (Initial its advisers, underwriters or affiliates. their Contract owners and participants Class shares), and the T. Rowe Price in a simpler and more concise manner, Applicants’ Legal Analysis Personal Strategy Balanced Portfolio, to and it is anticipated that after the the extent that the annualized expense 1. Section 26(c) of the 1940 Act proposed Substitutions, Contract ratio of each applicable Replacement prohibits the depositor of a registered owners and participants will be Portfolio exceeds, for each fiscal period unit investment trust that invests in the provided with disclosure documents (not to exceed a fiscal quarter) during securities of a single issuer from that contain a simpler presentation of the two years following the date of the substituting the securities of another the available investment options under proposed Substitutions, the net expense issuer without Commission approval. their Contracts. ratio of the corresponding Removed Section 26(c) provides that ‘‘[t]he 6. In addition, the section 26 Portfolio for fiscal year 2006, the Commission shall issue an order Applicants also argue that in connection Insurance Companies will, for each approving such substitution if the with each proposed Substitution, Contract outstanding on the date of the evidence establishes that it is consistent Contract owners and participants with proposed Substitutions, reimburse, on with the protection of investors and the subaccount balances invested in a the last business day of each fiscal purposes fairly intended by the policy Replacement Portfolio will have the period (not to exceed a fiscal quarter) and provisions of this title.’’ same or lower net operating expense during the two years following the date 2. The section 26 Applicants assert ratio(s) after the Substitution. In this of the proposed Substitution, the that the each proposed Substitution regard, each Insurance Company has subaccounts investing in the involves a substitution of securities agreed to impose certain expense limits, Replacement Portfolio such that the sum within the meaning of section 26(c) of as discussed above, to ensure that of the Replacement Portfolio’s net the 1940 Act and therefore request an Contract owners and participants do not operating expense ratio (taking into order from the Commission pursuant to incur higher expenses as a result of a account any expense waivers or section 26(c) approving the proposed Substitution either for a period of two reimbursements) and subaccount Substitutions. years after the Substitution or for the life 3. The section 26 Applicants state expense ratio (asset-based fees and of the Contract, as applicable. they have reserved the right under the charges deducted on a daily basis from 7. In addition to the foregoing, the Contracts to substitute shares of another subaccount assets and reflected in the section 26 Applicants generally submit eligible investment fund for one of the that each proposed Substitution meets calculations of subaccount unit value) current investment funds offered as a the standards that the Commission and for such period will not exceed, on an funding option under the Contracts both its staff have applied to similar annualized basis, the sum of the to protect themselves and their Contract substitutions that the Commission Removed Portfolio’s net operating owners and participants in situations previously has approved. The section 26 expense ratio (taking into account any where either might be harmed or Applicants also submit that the expense waivers or reimbursements) disadvantaged by events affecting the proposed Substitutions are not of the and subaccount expense ratio for fiscal issuer of the securities held by a type that section 26(c) was designed to year 2006. prevent as the Contracts provide each 33. In addition, with respect to the Separate Account and to preserve the Contract owner or participant with the Substitutions involving the Fidelity opportunity to replace such shares in right to exercise his or her own Growth Portfolio (Initial Class and situations where a substitution could judgment, and transfer Contract values Service Class shares), and the Universal benefit the Insurance Companies and and cash values into and among other Equity Growth Portfolio (Class I shares), their respective Contract owners and investment options available to Contract the Section 26 Applicants agree that, in participants. 4. The section 26 Applicants also owners or participants under their 89 The Class IB shares of the Replacement argue that each Replacement Portfolio Contracts. Additionally, the Portfolio have a higher maximum Rule 12b–1 fee and its corresponding Removed Substitutions will not, in any manner, than the Class II shares of the Removed Portfolio. Portfolio have similar, and in some reduce the nature or quality of the

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available investment options. In this exempting any proposed transaction being purchased or sold will not be regard, the proposed Substitutions from the provisions of Section 17(a) if: cash. retain for Contract owners and (i) the terms of the proposed 15. The section 17 Applicants also participants the investment flexibility transactions are reasonable and fair and assert that the proposed In-Kind which is a central feature of the do not involve overreaching on the part Transactions do not involve Contracts. of any person concerned; (ii) the overreaching on the part of any person 8. Moreover, the section 26 proposed transactions are consistent concerned. Furthermore, the section 17 Applicants will offer Contract owners with the policy of each registered Applicants represent that the proposed and participants the opportunity to investment company concerned; and In-Kind Transactions will be consistent transfer amounts out of the affected (iii) the proposed transactions are with the policies of the Removed and subaccounts without any cost or other consistent with the general purposes of corresponding Replacement Portfolios, penalty (other than with respect to the 1940 Act. as recited in their respective current implementing policies and procedures 12. The section 17 Applicants request registration statements, and that the designed to prevent disruptive transfer an order pursuant to section 17(b) of the proposed In-Kind Transactions are and other market timing activity) that 1940 Act exempting them from the consistent with the general purposes of may otherwise have been imposed for a provisions of section 17(a) of the 1940 the 1940 Act and do not present any period beginning on the date of the Act to the extent necessary to permit supplement notifying Contract owners them to carry out the In-Kind conditions or abuses that the 1940 Act and participants of the proposed Transactions in connection with the was designed to prevent. Substitutions (which supplement has proposed Substitutions. Conclusion been delivered to Contract owners and 13. The section 17 Applicants submit participants at least thirty (30) days that the terms of the proposed In-Kind For the reasons set forth in the before the Substitutions) and ending no Transactions, including the application, the Applicants each earlier than thirty (30) days after the consideration to be paid and received, respectively request that the proposed Substitutions. The as described in the application, are Commission issue an order of approval Substitutions, therefore, will not result reasonable and fair and do not involve pursuant to section 26(c) of the 1940 Act in the type of costly forced redemption overreaching on the part of any person and an order of exemption pursuant to that section 26(c) was designed to concerned. The In-Kind Transactions section 17(b) of the 1940 Act. prevent. will be effected at the respective net For the Commission, by the Division of 9. The section 26 Applicants also note asset values of each of the relevant Investment Management, pursuant to that the proposed Substitutions are also Removed Portfolios and each of the delegated authority. unlike the type of substitution that relevant Replacement Portfolios, as Florence E. Harmon, section 26(c) was designed to prevent in determined in accordance with the that by purchasing a Contract or procedures disclosed in the registration Deputy Secretary. participating in a group Contract, statement for the relevant investment [FR Doc. E7–14663 Filed 7–27–07; 8:45 am] Contract owners and participants select company and as required by Rule 22c– BILLING CODE 8010–01–P much more than a particular underlying 1 under the 1940 Act. The In-Kind fund in which to invest their Contract Transactions will not change the dollar values. They also select the specific type value of any Contract owner’s or SECURITIES AND EXCHANGE of insurance coverage offered by the participant’s investment in any of the COMMISSION section 26 Applicants under the Separate Accounts, the value of any applicable Contract, as well as Contract, the accumulation value or [Release No. 34–56120; File No. SR– numerous other rights and privileges set other value credited to any Contract, or NASDAQ–2007–060] forth in the Contract. Contract owners the death benefit payable under any and participants also may have Contract. After the proposed In-Kind Self-Regulatory Organizations; The considered the Insurance Company’s Transactions, the value of a Separate NASDAQ Stock Market LLC; Notice of size, financial condition, and its Account’s investment in a Replacement Filing and Immediate Effectiveness of reputation for service in selecting their Portfolio will equal the value of its Proposed Rule Change and Contract. These factors will not change investments in the corresponding Amendment No. 1 Thereto To Extend as a result of the proposed Removed Portfolio (together with the Nasdaq’s Authority Under Its Cease Substitutions, nor will the annuity, life value of any pre-existing investments in and Desist Pilot Program the Replacement Portfolio) before the In- or tax benefits afforded under the Date: July 24, 2007. Contracts held by any of the affected Kind Transactions. Contract owners or participants. 14. The section 17 Applicants state Pursuant to section 19(b)(1) of the 10. Section 17(a)(1) of the 1940 Act, they will assure themselves that the In- Securities Exchange Act of 1934 in relevant part, prohibits any affiliated Kind Transactions will be in substantial (‘‘Act’’),1 and Rule 19b–4 thereunder,2 person of a registered investment compliance with the conditions of Rule notice is hereby given that on June 19, company, or any affiliated person of 17a–7 under the 1940 Act. The section 2007, The NASDAQ Stock Market LLC such a person, acting as principal, from 17 Applicants will assure themselves (‘‘Nasdaq’’) filed with the Securities and knowingly selling any security or other that the investment companies will Exchange Commission (‘‘Commission’’) property to that company. Section carry out the proposed In-Kind the proposed rule change as described 17(a)(2) of the 1940 Act generally Transactions in conformity with the in Items I and II below, which Items prohibits the same persons, acting as conditions of Rule 17a–7 (or, as have been substantially prepared by principals, from knowingly purchasing applicable, a Removed Portfolio’s and a Nasdaq. Nasdaq has filed the proposal any security or other property from the Replacement Portfolio’s normal as a ‘‘non-controversial’’ rule change registered investment company. valuation procedures, as set forth in the pursuant to section 19(b)(3)(A) of the 11. Section 17(b) of the 1940 Act relevant investment company’s provides that the Commission may, registration statement), except that the 1 15 U.S.C. 78s(b)(1). upon application, issue an order consideration paid for the securities 2 17 CFR 240.19b–4.

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Act 3 and Rule 19b–4(f)(6) thereunder,4 above mentioned pilot rule through June operative for 30 days from the date on which renders the proposal effective 23, 2009.6 Accordingly, Nasdaq is which it was filed, or such shorter time upon filing with the Commission. On proposing a comparable extension. as the Commission may designate, it has July 20, 2007, Nasdaq filed Amendment Although Nasdaq has not had occasion become effective pursuant to section No. 1 to the proposed rule change. The to use the authority to date, the pilot 19(b)(3)(A) of the Act 9 and Rule 19b– Commission is publishing this notice to extension will ensure that the authority 4(f)(6) thereunder.10 At any time within solicit comments on the proposed rule remains available for the next two years. 60 days of the filing of the proposed rule change, as amended, from interested The authority under the rule will expire change, the Commission may summarily persons. after the additional two-year period abrogate such rule change if it appears unless the pilot program is further to the Commission that such action is I. Self-Regulatory Organization’s extended or adopted on a permanent necessary or appropriate in the public Statement of the Terms of Substance of basis with Commission approval. interest, for the protection of investors, the Proposed Rule Change Nasdaq is also amending Nasdaq Rules or otherwise in furtherance of the Nasdaq proposes a rule change to 9556 and 9800 to delete erroneous purposes of the Act. extend for a two-year period, to June 23, cross-references. Nasdaq has requested that the 2009, Nasdaq’s authority under its cease Commission waive the 5-day pre-filing 2. Statutory Basis and desist pilot program. At this time, notice requirement and the 30-day Nasdaq is not proposing any substantive Nasdaq believes that the proposed operative delay of the proposal. Nasdaq changes to the rules covered by the pilot rule change is consistent with the represents that such waivers will allow program. The text of the proposed rule provisions of section 6 of the Act,7 in Nasdaq to implement the proposed rule change is available at Nasdaq, the general, and with sections 6(b)(5) and change prior to the time of the Commission’s Public Reference Room, (6) of the Act,8 in particular, in that the expiration of the current pilot. The and http://nasdaq.complinet.com. proposal is designed to prevent Commission believes that it is fraudulent and manipulative acts and consistent with the protection of II. Self-Regulatory Organization’s practices, to promote just and equitable Statement of the Purpose of, and investors and the public interest to principles of trade, and, in general, to waive the 5-day pre-filing notice Statutory Basis for, the Proposed Rule protect investors and the public interest, Change requirement and 30-day operative delay and is further designed to provide that and make this proposed rule change In its filing with the Commission, Nasdaq members, or persons associated immediately effective.11 The Nasdaq included statements concerning with its members, are appropriately Commission believes that the waiver the purpose of, and basis for, the disciplined for violations of any will allow Nasdaq to continue, without proposed rule change and discussed any provisions of the Act or Nasdaq rules. interruption, the existing operation of comments it received on the proposed The extension of the pilot program is the pilot until June 23, 2009. rule change. The text of these statements consistent with Nasdaq’s obligations may be examined at the places specified under the Act, because cease and desist IV. Solicitation of Comments in Item IV below. Nasdaq has prepared orders are designed to stop violative Interested persons are invited to summaries, set forth in sections A, B, conduct that is likely to cause submit written data, views, and and C below, of the most significant dissipation or conversion of assets or arguments concerning the foregoing, aspects of such statements. other significant harm to investors. including whether the proposed rule A. Self-Regulatory Organization’s B. Self-Regulatory Organization’s change is consistent with the Act. Statement of the Purpose of, and Statement on Burden on Competition Comments may be submitted by any of the following methods: Statutory Basis for, the Proposed Rule Nasdaq does not believe that the Change proposed rule change will impose any Electronic Comments 1. Purpose burden on competition that is not • Use the Commission’s Internet necessary or appropriate in furtherance comment form (http://www.sec.gov/ In May 2003, the Commission of the purposes of the Act. approved, on a pilot basis, a rule change rules/sro.shtml); or • Send an e-mail to rule- that gave the National Association of C. Self-Regulatory Organization’s [email protected]. Please include File Securities Dealers, Inc. (‘‘NASD’’) the Statement on Comments on the Number SR–NASDAQ–2007–060 on the authority to issue temporary cease and Proposed Rule Change Received From subject line. desist orders and made explicit NASD’s Members, Participants or Others ability to impose permanent cease and Written comments on the proposed Paper Comments desist orders as a remedy in disciplinary rule change were neither solicited nor • Send paper comments in triplicate cases.5 When Nasdaq registered as a received. to Nancy M. Morris, Secretary, national securities exchange, it also III. Date of Effectiveness of the Securities and Exchange Commission, adopted a cease and desist program. 100 F. Street, NE., Washington, DC Because NASD is Nasdaq’s regulatory Proposed Rule Change and Timing for Commission Action 20549–1090. services provider and administers All submissions should refer to File Nasdaq’s disciplinary program under Because the foregoing proposed rule Number SR–NASDAQ–2007–060. This contract, Nasdaq generally seeks to change does not: (i) Significantly affect file number should be included on the maintain comparability between its the protection of investors or the public subject line if e-mail is used. To help the disciplinary procedure rules and interest; (ii) impose any significant NASD’s. NASD recently extended the burden on competition; and (iii) become 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b–4(f)(6). 3 15 U.S.C. 78s(b)(3)(A). 6 See Securities Exchange Act Release No. 55819 11 For purposes only of waiving the 30-day 4 17 CFR 240.19b–4(f)(6). (May 25, 2007), 72 FR 30895 (June 4, 2007) (SR– operative delay of this proposal, the Commission 5 See Securities Exchange Act Release No. 47925 NASD–2007–033). has considered the proposed rule’s impact on (May 23, 2003), 68 FR 33548 (June 4, 2003) (SR– 7 15 U.S.C. 78f. efficiency, competition, and capital formation. 15 NASD–98–80). 8 15 U.S.C. 78f(b)(5) and (6). U.S.C. 78c(f).

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Commission process and review your below, which Items have been Exchange hereby proposes to extend the comments more efficiently, please use substantially prepared by the Exchange. Pilot Program through July 10, 2008. only one method. The Commission will The Exchange has designated this In the Interim Extension Release, the post all comments on the Commission’s proposal as non-controversial under Exchange stated that it would submit Internet Web site (http://www.sec.gov/ section 19(b)(3)(A)(iii) of the Act 3 and the Report in connection with this rules/sro/shtml). Copies of the Rule 19b–4(f)(6) thereunder,4 which proposal to extend the Pilot Program submission, all subsequent renders the proposed rule change through July 10, 2008. The Report amendments, all written statements effective upon filing with the provides an analysis of the Pilot with respect to the proposed rule Commission. The Commission is Program covering the entire period for change that are filed with the publishing this notice to solicit which the program was in effect. The Commission, and all written comments on the proposed rule change Exchange has submitted its Report as communications relating to the from interested persons. Exhibit 3 to the Form 19b–4 filed with proposed rule change between the the Commission. The Report may be I. Self-Regulatory Organization’s Commission and any person, other than examined at the places specified in Item Statement of the Terms of Substance of those that may be withheld from the IV below. The Report includes: (1) Data the Proposed Rule Change public in accordance with the and written analysis on the open provisions of 5 U.S.C. 552, will be The Exchange is proposing to extend interest and trading volume in the available for inspection and copying in the Quarterly Options Series pilot classes for which Quarterly Options the Commission’s Public Reference program (‘‘Pilot Program’’) through July Series were opened; (2) an assessment of Room, 100 F. Street, NE., Washington, 10, 2008. The text of the proposed rule the appropriateness of the option classes DC 20549, on official business days change is available on the Exchange’s selected for the Pilot Program; (3) an between the hours of 10 a.m. and 3 p.m. Web site (http://www.nysearca.com), at assessment of the impact of the Pilot Copies of such filing also will be the Exchange’s principal office, and at Program on the capacity on the available for inspection and copying at the Commission’s Public Reference Exchange, OPRA, and market data the principal office of Nasdaq. All Room. vendors (to the extent data from market comments received will be posted II. Self-Regulatory Organization’s data vendors is available); (4) any without change; the Commission does Statement of the Purpose of, and capacity problems or other problems not edit personal identifying Statutory Basis for, the Proposed Rule that arose during the operation of the information from submissions. You Change Pilot Program and how the Exchange should submit only information that addressed such problems; (5) any you wish to make available publicly. All In its filing with the Commission, the complaints that the Exchange received submissions should refer to File Exchange included statements during the operation of the Pilot Number SR–NASDAQ–2007–060 and concerning the purpose of, and basis for, Program and how the Exchange should be submitted on or before the proposed rule change and discussed addressed them; and (6) any additional August 20, 2007. any comments it received on the information that would assist the proposed rule change. The text of these Commission in assessing the operation For the Commission, by the Division of statements may be examined at the Market Regulation, pursuant to delegated of the Pilot Program. authority.12 places specified in Item IV below. The The Exchange represents that the Exchange has prepared summaries, set Florence E. Harmon, Report supports its belief that extension forth in sections A, B, and C below, of Deputy Secretary. of the Pilot Program is proper. Among the most significant aspects of such other things, the Report shows the [FR Doc. E7–14605 Filed 7–27–07; 8:45 am] statements. strength of the Pilot Program as reflected BILLING CODE 8010–01–P A. Self-Regulatory Organization’s by the overall volume and open interest Statement of the Purpose of, and of Quarterly Options Series traded on SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule the both NYSE Arca and other national COMMISSION Change options exchanges. The Report shows that the Pilot Program has not created, [Release No. 34–56119; File No. SR– 1. Purpose and in the future should not create, any NYSEArca–2007–70] On July 12, 2006, the Exchange filed capacity, operational, or regulatory Self-Regulatory Organizations; NYSE with the Commission a proposed rule problems attributable to Quarterly Arca, Inc.; Notice of Filing and change that allowed it to establish the Option Series. Finally, NYSE Arca represents that Immediate Effectiveness of Proposed Pilot Program, pursuant to which the the Exchange has the necessary system Rule Change To Extend the Quarterly Exchange lists and trades Quarterly 5 capacity to support any additional series Options Series Pilot Options Series. The rule change was effective upon filing. The Pilot Program, listed as part of the Pilot Program. Date: July 24, 2007. which was originally due to expire on 2. Statutory Basis Pursuant to section 19(b)(1) of the July 10, 2007, was extended for a two- Securities Exchange Act of 1934 week interim period through July 24, The Exchange believes that the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 2007, while the Exchange finalized its continuation of the Quarterly Options notice is hereby given that on July 23, Pilot Program Report (‘‘Report’’).6 The Series Pilot Program will stimulate 2007, NYSE Arca, Inc. (‘‘Exchange’’ or customer interest in options by creating ‘‘NYSE Arca’’) filed with the Securities 3 15 U.S.C. 78s(b)(3)(A)(iii). greater trading opportunities and and Exchange Commission 4 17 CFR 240.19b–4(f)(6). flexibility in investment choices. The (‘‘Commission’’) the proposed rule 5 See Securities Exchange Act Release No. 54166 Exchange further believes that change as described in Items I and II (July 18, 2006), 71 FR 42151 (July 25, 2006) (File continuation of the Pilot Program will No. SR–NYSEArca–2006–45). provide the ability to more closely tailor 6 See Securities Exchange Act Release No. 56040 12 17 CFR 200.30–3(a)(12). (July 10, 2007), 72 FR 39112 (July 17, 2007) (File investment strategies and provide a 1 15 U.S.C. 78s(b)(1). No. SR–NYSEArca–2007–67) (‘‘Interim Extension valuable hedging tool for investors. For 2 17 CFR 240.19b–4. Release’’). these reasons, the Exchange believes the

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proposed rule change is consistent with Pilot Program to continue without subject line if e-mail is used. To help the the Act and the rules and regulations interruption.12 Therefore, the Commission process and review your thereunder and, in particular, the Commission designates the proposal comments more efficiently, please use requirements of section 6(b) of the Act.7 operative upon filing.13 only one method. The Commission will Specifically, the Exchange believes the At any time within 60 days of the post all comments on the Commissions proposed rule change is consistent with filing of the proposed rule change, the Internet Web site (http://www.sec.gov/ section 6(b)(5) of the Act,8 which Commission may summarily abrogate rules/sro.shtml). Copies of the requires that the rules of an exchange be the rule change if it appears to the submission, all subsequent designed to promote just and equitable Commission that such action is amendments, all written statements principles of trade, to prevent necessary or appropriate in the public with respect to the proposed rule fraudulent and manipulative acts, to interest, for the protection of investors, change that are filed with the remove impediments to and perfect the or otherwise in furtherance of the Commission, and all written mechanism for a free and open market purposes of the Act. communications relating to the and a national market system, and, in proposed rule change between the IV. Solicitation of Comments general, to protect investors and the Commission and any person, other than public interest. Interested persons are invited to those that may be withheld from the submit written data, views, and public in accordance with the B. Self-Regulatory Organization’s arguments concerning the foregoing, provisions of 5 U.S.C. 552, will be Statement on Burden on Competition including whether the proposed rule available for inspection and copying in The Exchange does not believe that change is consistent with the Act. the Commission’s Public Reference the proposed rule change will impose Comments may be submitted by any of Room, 100 F. Street, NE., Washington, any burden on competition that is not the following methods: DC 20549, on official business days necessary or appropriate in furtherance between the hours of 10 a.m. and 3 p.m. Electronic Comments of the purposes of the Act. Copies of such filing also will be • Use the Commission’s Internet C. Self-Regulatory Organization’s available for inspection and copying at comment form (http://www.sec.gov/ the principal office of the Exchange. All Statement on Comments on the rules/sro.shtml); or comments received will be posted Proposed Rule Change Received From • Send an e-mail to rule- without change; the Commission does Members, Participants or Others [email protected]. Please include File not edit personal identifying No written comments were solicited No. SR–NYSEArca–2007–70 on the information from submissions. You or received with respect to the proposed subject line. should submit only information that rule change. Paper Comments you wish to make available publicly. All submissions should refer to File III. Date of Effectiveness of the • Send paper comments in triplicate Number SR–NYSEArca–2007–70 and Proposed Rule Change and Timing for to Nancy M. Morris, Secretary, Commission Action should be submitted on or before Securities and Exchange Commission, August 20, 2007. The Exchange has designated the 100 F. Street, NE., Washington, DC proposed rule change as one that: (1) For the Commission, by the Division of 20549–1090. Market Regulation, pursuant to delegated Does not significantly affect the All submissions should refer to File authority.14 protection of investors or the public Number SR–NYSEArca–2007–70. This Florence E. Harmon, interest; (2) does not impose any file number should be included on the Deputy Secretary. significant burden on competition; and [FR Doc. E7–14604 Filed 7–27–07; 8:45 am] (3) does not become operative for 30 12 For purposes only of waiving the 30-day days from the date of filing, or such operative delay, the Commission has considered the BILLING CODE 8010–01–P shorter time as the Commission may proposed rule’s impact on efficiency, competition, designate if consistent with the and capital formation. See 15 U.S.C. 78c(f). 13 As set forth in the Exchange’s original filing SECURITIES AND EXCHANGE protection of investors and the public proposing the Pilot Program, if the Exchange were COMMISSION interest. Therefore, the foregoing rule to propose an extension, an expansion, or change has become effective pursuant to permanent approval of the Pilot Program, the [Release No. 34–56121; File No. SR–Phlx– section 19(b)(3)(A) of the Act 9 and Exchange would submit, along with any filing 2007–16] proposing such amendments to the program, a subparagraph (f)(6) of Rule 19b–4 report that would provide an analysis of the Pilot thereunder.10 The Exchange has asked Self-Regulatory Organizations; Program covering the entire period during which Philadelphia Stock Exchange, Inc.; the Commission to waive the operative the Pilot Program was in effect. The report would Order Granting Approval to a delay to permit the Pilot Program include, at a minimum: (1) Data and written analysis on the open interest and trading volume in Proposed Rule Change Regarding extension to become operative prior to the classes for which Quarterly Options Series were Rules Pertaining to Training the 30th day after filing.11 opened; (2) an assessment of the appropriateness of Requirements and Floor Procedure The Commission believes that the option classes selected for the Pilot Program; (3) waiving the 30-day operative delay is an assessment of the impact of the Pilot Program on Advices the capacity of the Exchange, OPRA, and market consistent with the protection of data vendors (to the extent data from market data July 24, 2007. investors and the public interest vendors is available); (4) any capacity problems or On May 25, 2007, the Philadelphia because it will allow the benefits of the other problems that arose during the operation of Stock Exchange, Inc. (‘‘Phlx’’ or the Pilot Program and how the Exchange addressed such problems; (5) any complaints that the ‘‘Exchange’’) filed with the Securities 7 15 U.S.C. 78f(b). Exchange received during the operation of the Pilot and Exchange Commission 8 15 U.S.C. 78f(b)(5). Program and how the Exchange addressed them; (‘‘Commission’’), pursuant to section 9 15 U.S.C. 78s(b)(3)(A). and (6) any additional information that would assist 10 19(b)(1) of the Securities Exchange Act 17 CFR 240.19b–4(f)(6). in assessing the operation of the Pilot Program. The 1 11 As required under Rule 19b-4(f)(6)(iii), the report must be submitted to the Commission at least of 1934 (‘‘Act’’), and Rule 19b–4 Exchange provided the Commission with written sixty (60) days prior to the expiration date of the notice of its intent to file the proposed rule change Pilot Program. See Form 19b–4 for File No. SR– 14 17 CFR 200.30–3(a)(12). at least five business days before doing so. PCX–2005–32, filed March 16, 2005. 1 15 U.S.C. 78s(b)(1).

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thereunder,2 a proposed rule change to compliance with the federal securities 4. Report of the Human Resources amend: (a) Rule 625, Training; (b) law and Exchange rules. Additionally, Committee. Equity Floor Procedure Advices and updating the language in Exchange Rule FOR FURTHER INFORMATION: Please call Order & Decorum Regulations, F–30 970 should promote efficiency in TVA Media Relations at (865) 632–6000, Training; and (c) Options Floor connection with the issuance of Knoxville, Tennessee. Information is Procedure Advices and Order & citations. also available at TVA’s Washington Decorum Regulations, F–30 Options It is therefore ordered, pursuant to Office (202) 898–2999. People who plan Trading Floor Training, to clarify and section 19(b)(2) of the Act,6 that the to attend the meeting and have special expand the Exchange’s training proposed rule change (SR–Phlx–2007– needs should call (865) 632–6000. requirements. Specifically, the proposed 16) be, and hereby is, approved. Anyone who wishes to comment on any rule change expanded the category of For the Commission, by the Division of of the agenda in writing may send their individuals who are required to attend Market Regulation, pursuant to delegated comments to: TVA Board of Directors, the mandatory training sessions and the authority.7 Board Agenda Comments, 400 West training topics covered. Further, the Florence E. Harmon, Summit Hill Drive, Knoxville, Exchange set forth mandatory training Deputy Secretary. Tennessee 37902. requirements, which would take place on at least a semi-annual basis, for floor [FR Doc. E7–14606 Filed 7–27–07; 8:45 am] Dated: July 25, 2007. members. The Exchange also proposed BILLING CODE 8010–01–P Maureen H. Dunn, changes to the language in Rule 970, General Counsel and Secretary. Floor Procedure Advices: Violations, [FR Doc. 07–3717 Filed 7–26–07; 12:44 pm] Penalties and Procedures, to delete the TENNESSEE VALLEY AUTHORITY BILLING CODE 8120–08–P reference to the now-obsolete Market [Meeting No. 07–04] Surveillance Department and to provide that any authorized official of the Sunshine Act Meeting Exchange may sign a citation for a floor DEPARTMENT OF TRANSPORTATION Time and Date: 9 a.m. (EDT), August procedure advice violation. The Federal Aviation Administration proposal was published for comment in 1, 2007, TVA West Tower Auditorium, 400 West Summit Hill Drive, Knoxville, the Federal Register on June 19, 2007.3 Federal Presumed To Conform Actions Tennessee 37902. The Commission received no comments Under General Conformity on the proposal. This order approves the Status: Open. proposed rule change. Agenda AGENCY: Federal Aviation After careful review of the proposal, Administration (FAA), DOT. the Commission finds that the proposed Old Business ACTION: Final Notice. rule change is consistent with the Approval of minutes of May 31, 2007, requirements of the Act and the rules Board Meeting. SUMMARY: The Clean Air Act (CAA) and regulations thereunder applicable to section 176(c), 42 U.S.C. 7506(c) and a national securities exchange.4 In New Business Amendments of 1990 1 require that all particular, the Commission finds that 1. President’s Report. Federal actions conform to an the proposal is consistent with section 2. Report of the Finance, Strategy, and applicable State Implementation Plan 6(b)(5) of the Act,5 which requires, Rates Committee. (SIP). The U.S. Environmental among other things that the rules of an A. Annual budget. Protection Agency (EPA) has established exchange be designed to prevent B. Customer Items. criteria and procedures for Federal fraudulent and manipulative acts and i. Time-of-use power supply agencies to use in demonstrating practices, to promote just and equitable arrangements with a directly-served conformity with an applicable SIP that principles of trade, to remove customer. can be found at 40 CFR 93.150 et seq. impediments to and perfect the ii. Real time energy arrangements. (‘‘The Rule’’). mechanism of a free and open market iii. Implementation of 5-Minute The Rule allows Federal agencies to and a national market system, and, in Response program. develop a list of actions that are general, to protect investors and the iv. Interconnection agreements with presumed to conform to a SIP 2 for the public interest. the cities of Princeton and Paducah, criteria pollutants and their precursors Expanding the Exchange’s current Kentucky. that are identified in 40 CFR mandatory training program should v. Limited interruptible power/ 93.153(b)(1) and (b)(2) and in the provide a means for keeping members Limited firm power. National Ambient Air Quality Standards and persons employed by or associated C. PURPA determinations. (NAAQS) under 40 CFR 50.4–50.12.3 with such members or member D. Financial trading program The criteria pollutants of concern for organizations, and Participant modifications. local airport air quality are ozone (O3) Authorized Users, informed of and 3. Report of the Operations, and its two major precursors (volatile educated about, among other things, Environment, and Safety organic compounds (VOC) and nitrogen current rules and regulations and Committee. oxides (NOX)), carbon monoxide (CO), trading-related Exchange systems, A. Watts Bar Nuclear Plant Unit 2 nitrogen dioxide (NO2), sulfur dioxide which should enhance member construction and startup. B. Authorization to purchase a 1 Clean Air Act Title I Air Pollution Prevention 2 17 CFR 240.19b–4. combined cycle generating facility. and Control, Part D, Subpart 1, Section 176 3 See Securities Exchange Act Release No. 55729 C. Amended Board Practice on Fuel, Limitation on Certain Federal Assistance. (June 12, 2007), 72 FR 33797. Power Purchases or Sales, and 2 40 CFR Part 93, § 93.153(f). 4 In approving this proposed rule change, the Related Contract Approvals. 3 NAAQS established by the EPA represent Commission has considered the proposed rule’s maximum concentration standards for criteria impact on efficiency, competition, and capital pollutants to protect human health (primary formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78s(b)(2). standards) and to protect property and aesthetics 5 15 U.S.C. 78f(b)(5). 7 17 CFR 200.30–3(a)(12). (secondary standards).

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4 (SO2) , and particulate matter provisions allowing Federal agencies to activities available to the public upon consisting of small particulates with a establish categories of actions that are request; and diameter less than or equal to 2.5 presumed to conform are ‘‘intended to (4) The Federal agency must publish micrometers (PM2.5) and larger assure that these Rules are not overly the list of such activities in the Federal particulates with a diameter of up to 10 burdensome and Federal agencies Register. 5 micrometers (PM10). would not spend undue time assessing In meeting the requirements above, According to the Rule 6, Federal actions that have little or no impact on the FAA issued the Draft Notice, agencies must meet the criteria for air quality.’’ 11 Furthermore, the EPA entitled Federal Presumed to Conform establishing activities that are presumed states that ‘‘Federal actions which are de Actions Under General Conformity, in to conform by either: minimis should not be required by this the Federal Register of Monday, (1) Clearly demonstrating that the Rule to make an applicability analysis. February 12, 2007 (Vol. 72, No. 28, pp. total of direct and indirect emissions A different interpretation could result in 6641–6656). All of the appropriate from the type of activities that would be an extremely wasteful process which organizations were notified and presumed to conform would not: generates vast numbers of useless encouraged to comment, including EPA (i) Cause or contribute to any new conformity statements.’’ 12 Regions, State and local air quality violation of any standard in any area; Consequently, the Rule allows agencies, and metropolitan planning (ii) Interfere with provisions in the individual Federal agencies to present organizations. applicable SIP for maintenance of any categories of actions that have been A 45-day public comment period was standard; documented to be de minimis and, provided for the Draft Federal Notice, (iii) Increase the frequency or severity therefore should be ‘‘presumed to allowing a few additional weeks for of any existing violation of any standard conform’’ to the Rule under 40 CFR comment beyond the minimum 30-day in any area; or notice period. Seven (7) letters were (iv) Delay timely attainment of any 93.153(f). This Notice contains a summary of submitted to the FAA. From these standard or any required interim documentation and analysis which letters, the FAA identified twenty-nine emission reductions or other milestones demonstrates that actions described (29) separate comments to which the in any area including emission levels agency prepared individual written specified in the applicable SIP 7; or below will not exceed the applicable de minimis emission levels for responses. All of the letters, comments, (2) Providing documentation that and responses are publicly available for emissions from the types of actions that nonattainment and maintenance areas, as specified under 40 CFR 93.153(b). In review on the FAA Office of Airports would be presumed to conform are Web site for environmental programs. below the applicable de minimis levels relation to the agency’s demonstration of presumed to conform actions, the Based on comments received and established in 40 CFR § 93.153(b)(1) and follow-up discussions with the EPA, the (b)(2).8 This documentation may be EPA has defined broad categories of actions in 40 CFR 93.153(c)(2) that are FAA made appropriate revisions to the based on similar actions that the agency Federal Register Notice. The FAA is has taken over recent years.9 Besides exempt from the Rule because the actions result in no emissions increase completing its notification requirements documenting the basis for presumed to by publishing the completed list of conform activities, Federal agencies or an increase in emissions that is clearly de minimis. In this Notice, the presumed to conform actions in this must fulfill procedural requirements Final Federal Register Notice. The under the Rule relating to publication in FAA distinguishes various airport- related actions that are exempt under public may obtain further program the Federal Register, notification to information or review project Federal/State/local agencies, the Rule from those that are presumed to conform. documentation by contacting the office opportunity for public comment, and and person listed under ‘‘For Further availability of responses to public Notification Process for Presumed To Information Contact.’’ comments.10 Conform FOR FURTHER INFORMATION CONTACT: In this Notice, the Federal Aviation Dr. The notification requirements in the Jake A. Plante, Planning and Administration (FAA) is identifying a 13 list of actions involving agency approval Rule are as follows: Environmental Division, Federal (1) The Federal agency must identify and financial assistance for airport Aviation Administration, 800 through publication in the Federal projects that are presumed to conform. Independence Avenue, APP–400, SW., Register its list of proposed activities The benefits of this list include the Room 616, Office of Airports, that are presumed to conform and the elimination of unnecessary agency costs Washington, DC 20591, basis for the presumptions; associated with evaluating actions with [email protected], phone (202) 493– (2) The Federal agency must notify 4875, fax (202) 267–5257. few if any emissions. As a result, the the appropriate EPA Regional Office(s), agency will be able to streamline the State and local air quality agencies and, Table of Contents environmental process by applying where applicable, the agency designated The major sections of this document are as more of its resources to actions that under section 174 of the Act and the follows: I. Background have the potential to reach regulated metropolitan planning organization emission levels or adversely impact air II. Existing Exemptions (MPO) and provide at least 30 days for III. Presumed To Conform Project quality. the public to comment on the list of Addressing the need for efficiency Descriptions and Justifications proposed activities presumed to IV. How To Apply Presumed To Conform and streamlining, the EPA states that the conform; Actions (3) The Federal agency must 4 FAA calculated SOX is considered equal to SO2 I. Background 5 document its response to all the PM2.5 is a subset of PM10 with separate Under the Rule (40 CFR 93.153(g)(h)), standards for each. comments received and make the 6 40 CFR Part 93, § 93.153(g). comments, response, and final list of the FAA and other agencies are entitled 7 40 CFR Part 93, § 93.153(g)(1). to develop a list of proposed actions that 8 Title 40 CFR Part 93, § 93.153(g)(2). 11 58 FR 63228 (Nov. 30, 1993). are presumed to conform. The process 9 Ibid. 12 58 FR 63229 (Nov. 30, 1993). of establishing presumed to conform 10 Title 40 CFR Part 93, § 93.153(h). 13 40 CFR Part 93, § 93.153(h)(1–4). classifications is predicated on the

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concept of conformity. Conformity nonattainment or maintenance when the Plan of Integrated Airport Systems assures that an activity that is presumed total of direct and indirect emissions (NPIAS), the Airport Capital to conform does not cause or contribute caused by a Federal action equals or Improvement Program (ACIP), and to any new violation of the NAAQS or exceeds any of the applicable de Advisory Circulars on planning, design, interfere with provisions contained in minimis thresholds.16 and development programs. These applicable SIPS. documents provide administrative and FAA Airport Development Actions The administration and enforcement technical guidance to the airport Subject to General Conformity of conformity regulations are delegated community and the public and are not by the EPA to the individual States The FAA is responsible for deciding intended for direct implementation. The through provisions in each SIP. A SIP is whether its actions involving an airport actual process of rulemaking or policy the written plan submitted to the EPA located in a nonattainment or development is typically administrative detailing each State’s strategy to control maintenance area require a general in nature and does not cause an increase air emissions to meet and maintain the conformity evaluation.17 FAA actions in air emissions. NAAQS in geographic areas that are that require a conformity evaluation designated as nonattainment areas. The include unconditional approval of any 2. Routine Maintenance and Repair EPA requires each State to devise such or all parts of an airport layout plan Activities [40 CFR 93.153(c)(2)(iv)] a plan for each criteria pollutant causing (ALP), final Airport Improvement In conformance with FAA standards violations or the EPA will impose a Program (AIP) grant approvals, and and regulations, the airport sponsor Federal implementation plan (‘‘FIP’’) for approvals for use of Passenger Facility must maintain airport facilities and the the State. When a nonattainment area Charges (PFCs). Other FAA actions that airfield in a manner that ensures the achieves compliance with the NAAQS, may require a conformity evaluation safe operation of the airport. These it becomes a maintenance area for at include proposed actions for which an activities constitute Federal actions least 10 years with ongoing State environmental assessment (EA) or when Federal funding from the FAA is responsibility to ensure continued environmental impact statement (EIS) is involved. Airport maintenance, repair, attainment.14 prepared under the requirements of the removal, replacement, and installation National Environmental Policy Act. work that matches the characteristics, General Conformity size, and function of a facility as it II. Existing Exemptions General conformity refers to the existed before the replacement or repair process of demonstrating that a general For the FAA to provide the proper activity typically qualifies as routine Federal action conforms to the context and baseline for identifying and maintenance and repair for purposes of applicable SIP. A general Federal action proposing a list of presumed to conform general conformity. Such activity does is defined more by what it is not, rather Federal actions, it is important to not increase the capacity of the airport than by what it is. A general Federal consider the extent to which FAA or change the operational environment action is any Federal action that is not airport-related actions and activities of the airport. a Federal ‘‘transportation’’ action and may qualify for exemption from general The FAA does not consider major consequently not subject to the conformity requirements. The EPA has runway reconstruction to qualify as conformity requirements established for defined broad categories of exempt exempt under the Rule if the Federal highway or transit actions, actions under 40 CFR 93.153(c)(2) that reconstruction results in a runway that referred to as ‘‘transportation result in no emissions increase or is hardened, lengthened, or widened to conformity.’’ A Federal transportation increases in emissions that are clearly support a larger class of aircraft. action is an action related to de minimis. These actions are not Proposed funding for such a project transportation plans, programs, and subject to further analysis for would require analysis of emission projects that are developed, funded, or applicability, conformity, or regional levels to determine the applicability of approved under Title 23 United States significance under the Rule. general conformity requirements. Code (USC) or the Federal Transit Act As part of this Federal Register Routine maintenance for existing (FTA).15 Since FAA actions do not meet Notice, the FAA has interpreted how the runways, taxiways, aprons, ramps, the definition of a transportation action, exemptions in the Rule apply to FAA fillets, and airport roadways includes they are general actions by default and actions associated with airport facilities in-kind resurfacing,18 re-marking of thus subject to the General Conformity and aviation planning. The following existing runways, taxiways, apron areas, Rule. discussion addresses the most relevant etc., and runway grooving and rubber The FAA and other Federal agencies examples of these exemptions regarding removal projects. Other areas of routine subject to general conformity must make FAA actions for airport development. replacement, maintenance, and repair a determination that the Federal action 1. Rulemaking and Policy Development work that may be considered exempt conforms to the SIP’s purpose to meet [40 CFR 93.153(c)(2)(iii)] from the Rule include: and maintain the NAAQS before the • Existing signage. The FAA develops rules and policies action is taken. If the proposed actions • Existing lighting systems. to address issues of safety, aviation • are not specifically exempt or classified Existing pavement markings. noise abatement, and systematic • as presumed to conform, it is necessary Wind or landing direction improvements to efficiency. This to conduct an emissions inventory as indicators. includes issuance of airport policy and • Existing airport security access part of the applicability analysis to planning documents for the National control. determine if emissions are likely to • Existing buildings and structures. equal or exceed the established 16 40 CFR Part 93, § 93.153(b). • Existing heating, ventilation, and screening criteria emission rates known 17 ‘‘Conformity evaluation’’ refers to the overall air conditioning (HVAC) systems. as the de minimis thresholds. A general process of assessing whether an action/project is • Existing infrastructure such as conformity determination is required for subject to general conformity requirements, which sanitary sewer or electrical systems. each pollutant identified as may include an applicability analysis needed to make a conformity determination. See Question #1, EPA and FAA General Conformity Guidance for 18 Depending on numerous factors affecting 14 CAA, Section 175A, 42 U.S.C. 7505a. Airports: Questions and Answers, September 25, surface conditions, airports will generally resurface 15 49 U.S.C. 1601 et seq. 2002. asphalt runways every 7–10 years.

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• General landscaping, erosion • Land releases for which there is no planning and development project into control, and grading. reasonable expectation of a change in one of two categories: (1) Projects that land use. are exempt from the requirements of the 3. Planning, Studies, and Provisions of • Avigation easement acquisition. Rule as defined by 40 CFR 93.153(e); or Technical Assistance [40 CFR • Acquisition of an existing privately (2) projects that require an applicability 93.153(c)(2)(xii)] owned airport involving only change of analysis before being defined as de Planning and information-related ownership. minimis (i.e., presumed to conform), actions do not represent 6. Alterations and Additions of Existing according to 40 CFR 93.153(c)(1). implementation of operational changes Structures as Specifically Required by Specific information on the application at the airport and therefore do not result New or Existing Applicable of these two project categories is in emission increases. Consequently, Environmental Legislation or presented in Section II and Section III actions such as those listed below may Environmental Regulations (e.g., Hush of this document, respectively. be considered exempt from the Rule: In the analysis of the survey results, • Houses for Aircraft Engines * * *) [40 FAA funding and acceptance of CFR 93.153(d)(4)] any airport project that exceeded de Master Plans and Updates. minimis levels even once was • FAA funding of System Planning Actions that are initiated in response considered ineligible for the presumed Studies. to specific environmental laws and to conform list. Follow-up • FAA acceptance of noise exposure regulations (e.g., energy efficiency, noise communications with airports and FAA maps and approval of noise abatement structures and equipment) regional representatives helped to compatibility programs pursuant to 49 may be considered exempt from the clarify terminology and confirm the U.S.C. 47501 et seq., as implemented by Rule. These actions include: reliability of the presumptions. In • Equipment purchases. 14 CFR Part 150. • addition, the FAA performed detailed • Protective noise barriers. FAA approval of noise and access • Required noise mitigation actions worst-case analyses where practicable in restrictions on operations by Stage 3 including the installation and operation areas where project size and aircraft under 49 U.S.C. 47524, as of hush houses for aircraft and engine implementation could conceivably implemented by 14 CFR Part 161. maintenance. result in the exceedance of de minimis levels. 4. Transfers of Ownership, Interests, and 7. Federal Actions Which Are Part of a The airport project survey data and Titles in Land, Facilities, and Real and Continuing Response to an Emergency other agency experience in Personal Properties, Regardless of the or Disaster [40 CFR 93.153(d)(2) and (e)] implementing similar actions taken over Form or Method of the Transfer [40 CFR recent years provide the fundamental 93.153(c)(2)(xiv)] Actions in response to emergencies, natural disasters, etc., that involve basis for all of the presumed to conform 5. Actions (or Portions Thereof) overriding concerns for public health classifications. The FAA conducted Associated With Transfers of Land, and welfare, national security interests, additional quantitative analyses for Facilities, Title, and Real Properties or foreign policy commitments may be specific project areas, as practicable. Through an Enforceable Contract or exempt from general conformity These analyses are summarized in Lease Agreement Where the Delivery of requirements for six months and Section III, and include the following: the Deed Is Required To Occur Promptly possibly longer if justified in writing by pavement markings; terminal upgrades; After a Specific, Reasonable Condition the agency.20 commercial vehicle staging areas; non- Is Met, Such as Promptly After the Land runway paving; heating, ventilation, and Is Certified as Meeting the Requirements III. Presumed To Conform Project air conditioning (HVAC) systems; and of Comprehensive Environmental Descriptions and Justifications low-emission technology and alternative Response, Compensation and Liability The FAA began the process of fuel vehicles. Act (CERCLA), and Where the Federal developing and documenting presumed Based on the survey of airport Agency Does Not Retain Continuing to conform actions with a detailed projects, the additional evaluations, and Authority To Control Emissions environmental survey of airport quantitative analyses, only those project Associated With the Lands, Facilities, projects. The survey was conducted by categories that were proven to be Title, or Real Properties [40 CFR all FAA regional offices, which reliably and consistently de minimis 93.153(c)(2)(xix)] identified approved airport projects over were classified as presumed to conform. Actions by the FAA to transfer or a recent two-year period that received a In general, FAA presumed to conform acquire land or equipment that do not categorical exclusion (CATEX) or actions involve maintenance, Finding of No Significant Impact navigation, construction, safety, security increase the capacity of the airport or 21 change the operational environment (FONSI). This information was activities, and new technology and affecting air emissions. Such actions requested only for airports included in vehicle systems that do not modify or include funding or approving transfers, areas designated as nonattainment or increase airport capacity or change the acquisitions, or releases by airport maintenance by the EPA. Information operational environment of the airport compiled from these surveys described sponsors,19 or preparing and executing in such a way as to increase air about 600 completed projects at over related contracts or written agreements. emissions above de minimis thresholds. 100 airports. Presented below are the airport Related actions that may be considered The survey information was project descriptions and justifications exempt from the Rule are: processed by assigning each airport for FAA actions that are presumed to • Facilities and equipment purchases. conform. There are fifteen project • Land acquisition and relocation 20 Airports located in nonattainment or categories, which are discussed in the assistance. maintenance areas with small regional emission following order: budgets may need to check whether a proposed 1. Pavement Markings. 19 Airport ‘‘sponsors’’ are planning agencies, exempt action might be regionally significant under public agencies, or private airport owners/operators 40 CFR Part 93, § 93.153(i). 2. Pavement Monitoring Systems. that have the legal and financial ability to carry out 21 FAA Order 1050.1E, chapter 3 (CATEX) and 3. Non-Runway Pavement Work. the program requirements for FAA financial Chapter 4, § 406 (FONSI), pursuant to the National 4. Aircraft Gate Areas on Airside. assistance. Environmental Policy Act. 5. Lighting Systems.

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6. Terminal and Concourse Upgrades. Emissions of both VOC and NOX are Load factors and horsepower ratings 7. New HVAC Systems, Upgrades, and considered precursors to the were obtained from the EPA Nonroad Expansions. development of ozone in the Engine and Vehicle Emission Study- 8. Airport Security. atmosphere. Therefore, emissions from Report and Median Life, Annual 9. Airport Safety. the application of painted pavement Activity, and Load Factor Values for 10. Airport Maintenance Facilities. markings pertain most importantly to Nonroad Engine Emissions Modeling.24 11. Airport Signage. ozone nonattainment and maintenance 12. Commercial Vehicle Staging The maximum volume of paint that areas. Areas. could be applied without equaling or 13. Low-Emission Technology and A worst-case calculation of emissions exceeding the de minimis thresholds for Alternative Fuel Vehicles. was performed based on equipment and any nonattainment and maintenance 14. Air Traffic Control Activities and types of paint required to mark a classification was calculated.25 For Adopting Approach, Departure and Category III 13,000-foot runway with an instance, an airport located within an Enroute Procedures for Air Operations. instrument lighting system (ILS) to FAA extreme nonattainment area for ozone is 15. Routine Installation and Operation specifications. The calculation of limited to net project emissions of 10 of Aviation Navigation Aids. emissions included the removal of tons of VOC per year. This translates existing markings using water pressure into an annual application of 21,890 1. Pavement Markings through a compressor mounted on a gallons of paint, which also causes 0.21 26 Airport sponsors apply paint on diesel truck, a pavement sweeper truck tons of NOX emissions. For example, paved surfaces, such as runways, to remove debris, the application of the this volume of paint would mark eight taxiways, apron areas, cargo areas, and paint using an air compressor mounted Category III 13,000-foot ILS runways. A parking lots to ensure the safe operation on a diesel truck, and a small hand volume of paint on the order of one of aircraft during approach and landing sprayer for detailed markings, such as million gallons is required to cause and to provide safe direction for surface squared corners. A total of 2,492 gallons emissions of NOX to equal 10 tons per vehicles. Most pavement marking of paint (a combination of white, year. Likewise, a volume of paint on the projects are considered routine yellow, and black) were applied to the order of five million to 176 million maintenance activities, qualifying as representative runway at a rate of 115 gallons is required in order to be exempt from the Rule (see Section II, square feet per gallon of paint. The sufficient to exceed the de minimis number 2 of this Notice). These actions trucks transporting the paint and thresholds for CO, SO2, or PM10. are designed to restore and improve compressors were assumed to be similar Therefore, VOCs are the limiting painted surfaces that have deteriorated to a single axle, Class 7 diesel pickup pollutant 27 for the application of paint 22 due to time, use, and weather. truck. The sweeper was assumed to be at airports and emissions of NOX, CO, Federal actions that alter airport use a regenerative diesel air power model, SO2, and PM10 are considerably less. through new pavement markings are not using a chassis engine and an auxiliary Table III–1 provides the gallon routine maintenance but are presumed engine to power the brushes. application limits, which include the to conform if such actions do not Manufacturers’ Material Safety Data use of construction equipment for increase airport capacity or introduce a Sheets were referenced for the VOC pavement markings in nonattainment larger class of aircraft at the airport. For emissions factors for the three colors of and maintenance areas. example, new runway markings for latex paint. Emissions factors for the BILLING CODE 4910–13–P improved flight procedures from visual criteria and precursor pollutants were

flight rules (VFR) to instrument flight obtained from the EPA Nonroad Engine 24 23 EPA Report NR–005A, December 9, 1997, rules (IFR) are presumed to conform if and Vehicle Emission Study-Report. revised June 15, 1998, Median Life, Annual Activity, normal traffic flow is maintained. and Load Factor Values for Nonroad Engine Pollutant emissions due to the paint 22 The Gross Vehicle Weight Rating (GVWR) Emissions Modeling. application process are primarily system defines a Class 7 diesel truck as one that can 25 Calculations of maximum paint volume composed of VOC from the paint, and carry 26,001 to 33,000 pounds of weight on two include consideration of construction equipment. axles. 26 Short tons, where one ton equals 2,000 lbs. NOX emitted from the trucks and 23 EPA Report 460/3–91–02, November 1991, 27 The limiting pollutant is defined as the criteria application compressors required to Nonroad Engine and Vehicle Emission Study— pollutant that first exceeds de minimis levels for a prepare the surface and apply the paint. Report. given project.

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BILLING CODE 4910–13–C 2. Pavement Monitoring Systems indicate when the durability and strength of the pavement needs to be Airports have the option of installing reinforced. These systems are a pavement monitoring system to

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implemented for safety reasons to and fill’’ activity to level the terrain or Activity, and Load Factor Values for ensure that an airport’s runway, prepare the surface area. If an apron area Nonroad Engine Emissions Modeling.34 taxiway, and apron network are or taxiway project does not meet the The maximum allowable square sufficiently able to support the weight of conditions as described above, a project footage of airfield construction was aircraft. Minor construction work is emissions inventory of direct and calculated for each nonattainment and required for the installation of the indirect emissions is required to maintenance category. The analysis monitoring system. Assuming the determine the further applicability of showed that NOX was the limiting installation requires the use of a pickup general conformity. pollutant for airfield paving projects and truck, a utility truck, an excavator, an Pollutant emissions due to airfield that emissions of VOC, CO, SO2, and asphalt paver, a compactor, and a small construction are solely from the use of PM10 are considerably less in generator, construction would have to construction equipment and are comparison with NOX. proceed continuously (eight hours per primarily comprised of NOX, a Table III–1 provides the area limits for day, 20 days per month) for more than precursor to ozone development, and non-runway airfield construction in a year (1.1 years) in order to produce CO resulting from the trucks operated to nonattainment and maintenance areas. emissions near the level of 10 tons of haul the large amounts of stone and For instance, an airport located within NOX. For the remaining criteria gravel that must be used to form the an area designed as extreme pollutants and precursors, construction support layers for the paving material. nonattainment for ozone, which limits on the order of several years would be net project emissions to the rate of 10 The evaluation of emissions from required to approach the de minimis tons per year of NO , is limited to airfield paving was based on a X thresholds. Pavement monitoring constructing 219,368 square feet (5.04 representative project in the FAA systems are installed in less than a acres) of apron area, which also causes Eastern Region. The project required week; therefore, project construction 0.93 tons of VOC emissions. As a equipment and materials to construct emissions are well below de minimis reference, four acres is generally approximately 600,000 square feet of and presumed to conform. sufficient to provide remote or airfield and concrete shoulder area with ‘‘hardstand’’ (non-gate) parking for three 3. Non-Runway Pavement Work an assumed surface design life of 20 narrow-body aircraft. Construction of an years.29 The conservative calculation of Airfield pavement must be airfield/apron area on the order of 2.38 emissions included the preparation of constructed to withstand the weight of million square feet (54.7 acres) causes the site allowing for a four-inch aircraft and to produce a firm, stable, emissions of VOC up to 10 tons per smooth, year-round, all-weather surface. geotextile layer of subgrade soil, a four- project, creating emissions of NO of The pavement must be of such quality inch frost protection layer of crushed X approximately 109 tons. New airfield and thickness that it will not fail under stone, a four-inch sub base layer of construction on the order of 150 to 600 the weight of aircraft and it must finely crushed stone, an eight-inch base acres would be required to exceed the possess sufficient inherent stability to layer of gravel mixed with a stabilizer de minimis thresholds for CO, SO and withstand, without damage, the abrasive such as cement,30 and the application of 2 PM . Generally speaking, emissions of action of aircraft traffic and adverse a six-inch layer of Portland cement 10 NO are on the order of three times the weather conditions.28 These pavement concrete.31 This type of construction X emissions of CO for these types of specifications apply to non-runway design allows for a total pavement projects and are more than 10 times the areas of the airfield where aircraft thickness of 26 inches; the minimum emissions of the remaining criteria operate, including taxiways, apron total pavement thickness for the pollutants. areas, and gate areas. The specific accommodation of jet aircraft weighing pavement requirements are satisfied by 100,000 pounds or more is 20 inches.32 4. Aircraft Gate Areas on Airside applying rigid pavement consisting of Also included in the construction Aircraft gate areas refer to the area layers of crushed stone bound and emissions inventory is the installation outside of the terminals and concourses pressed into a smooth surface. of a drainage system. where jetways are used to link parked Most airfield construction projects Emissions factors for construction aircraft to the terminal building. Federal that are presumed to conform involve equipment were obtained from the actions to improve aircraft gate areas areas of the airfield, generally referred to EPA’s 1991 Nonroad Engine and (e.g., gate electrification) can be part of as apron areas, that accommodate 33 Vehicle Emission Study—Report. Load airport modernization efforts involving aircraft for purposes of loading or factors and horsepower ratings for the new airline tenants or the introduction unloading passengers or cargo, construction equipment were obtained of newer and more efficient technology. refueling, or aircraft parking. These from the EPA’s 1991 Nonroad Engine Aircraft gate areas involve a wide range types of airfield projects do not include and Vehicle Emission Study—Report of activities from aircraft loading and projects intended to increase airport and the EPA’s 1997 Median Life, Annual unloading of passengers and cargo to the capacity or those that are otherwise servicing of aircraft by lavatory, food defined as routine maintenance for 29 As recommended under FAA AC 150/5320–16, supply, and maintenance vehicles. existing apron areas. Taxiway October 22, 1995, Airport Pavement Design for the Upgrades to the aircraft gate area are construction projects are limited to Boeing 777 Airplane. often needed to accommodate changing improvements of existing taxiways that 30 Stabilized base layers as necessary for new flight schedules and daily activity. The will not affect runway use, increase pavements designed to accommodate jet aircraft weighting 100,000 pounds or more. FAA AC 150/ addition or modification of jetways to capacity, enable new aircraft types, or 5320–6D, September 7, 1995, Airport Pavement existing terminal buildings is typically change existing airfield operations when Design and Evaluation. done to adjust to changes in air travel complete (e.g., new high speed exits 31 Portland cement is a hydraulic cement made by demand and airline requirements. Such would represent such a change). heating a mixture of limestone and clay in a kiln projects are intended to improve Construction projects in this category do and pulverizing the resulting material. 32 FAA AC 150/5320–6D, September 7, 1995, not include blasting or substantial ‘‘cut Airport Pavement Design and Evaluation. 34 EPA Report NR–005A, December 9, 1997, 33 EPA Report 460/3–91–02, November 1991, revised June 15, 1998, Median Life, Annual 28 FAA AC 150/5320–6D, September 7, 1995, Nonroad Engine and Vehicle Emission Study— Activity, and Load Factor Values for Nonroad Airport Pavement Design and Evaluation. Report. Table 2–07 Emission Factors. Engine Emissions Modeling.

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passenger terminal service by reducing types of aircraft or to increase passenger A proposed terminal/concourse passenger queuing and waiting times. loading on scheduled flights. Major expansion project is presumed to Actions to approve or fund the terminal and/or concourse expansion conform up to the square foot additions upgrading of aircraft gate areas are projects that are designed to increase (footprint) of the project as determined presumed to conform provided such passenger usage or to support increased by the most limiting pollutant (see Table actions do not increase aircraft airfield capacity through new aircraft III–1). The prescribed build-out limits operations or introduce a larger class of gates, runways, taxiways, etc. require an per calendar year apply to all aircraft at the airport. inventory of direct and indirect components of the terminal/concourse emissions to determine the further 5. Lighting Systems upgrade project according to the air applicability of general conformity. quality status of the area in which the Airport sponsors may need to install Construction vehicles and equipment new lighting systems to maintain proper are the dominant source of emissions project is located. illumination of roadways, taxiways, when expanding or upgrading 7. New HVAC Systems, Upgrades, and runways, and parking areas. The data terminals. A conservative approach to Expansions from the FAA surveys indicated that quantifying construction emissions was airport upgrading and installing of new used to determine the appropriate limits Upgrading and expanding heating, lighting systems is done on an as- for this type of activity. The emission ventilation, and air conditioning needed basis. limits are presented in Table III–1 under (HVAC) systems are presumed to Minor mechanical work is required ‘‘Terminal Upgrades’’ according to the conform because any emission increases for the installation effort, followed by de minimis thresholds. associated with improvements to airport electrical work that does not require A proposed terminal expansion heating and cooling systems are large off-road construction equipment. project located in the FAA’s Southern generally minor and well below de Assuming the installation requires the Region was used as the representative minimis thresholds. use of a pickup truck, a utility truck, an project. The terminal was proposed to excavator, and a small generator, the have an additional footprint of 381,000 Heating for airport terminal buildings construction will have to proceed square feet. This proposed project was is typically provided through a boiler continuously (eight hours a day, 20 days purposely selected to provide a system.37 Boilers may be fueled by a month) for more than 17 months (1.4 conservative estimate of construction natural gas, coal (bituminous, sub- years) in order to produce emissions emissions normally released from this bituminous, or anthracite), No. 5 and near the level of 10 tons of NOX. For the type airport improvement activity, even No. 6 fuel oil (residual), No. 2 fuel oil remaining criteria pollutants and though this presumed to conform (diesel), culm fuel, and liquefied precursors, construction on the order of activity is limited to non-capacity petroleum gas (propane or butane). several years would be required to enhancing projects. Emissions were Pollutant emissions due to the operation approach the de minimis thresholds. quantified in this case from construction of boilers vary with the fuel used. The Runway and other lighting systems can activities, including soil cement emission factors for the various fuels are be installed in less than two weeks; preparation, subgrade preparation, light presented in Table III–2 below. therefore, project construction and heavy demolition, cement base A new, upgraded, or expanded boiler emissions are well below de minimis treatment, installation of the grade system involves the installation of new and presumed to conform. aggregate base, construction of the terminal, light and heavy utility work, equipment to replace or expand the 6. Terminal and Concourse Upgrades and light and heavy earthwork. In capacity of existing boiler systems. The opportunity to expand or upgrade addition, the proposed terminal Boilers can be very large and are terminals and concourses for improving expansion was assumed to occur within sometimes delivered on flatbed semi- passenger convenience or the same calendar year instead of the tractor trailer trucks and set in place by administrative use typically involves proposed schedule of seven years. a crane. Table III–3 presents the increasing or renovating the interior Construction emissions were construction emissions, primarily NOX terminal space, including offices, hold calculated using prescribed EPA and CO, associated with the installation rooms, concessions, restrooms, and gate methodology incorporating the of a large boiler as described. areas. Terminal and concourse upgrades projected construction activity level, the BILLING CODE 4910–13–P do not include new or upgraded number of construction vehicles and heating, ventilation, and air equipment, and industry-wide conditioning systems, which are utilization rates. Emission factors for covered under a separate presumed to construction vehicles and equipment were taken from EPA databases for Activity, and Load Factor Values for Nonroad conform action (#7) because of their Engine Emissions Modeling. nonroad vehicles and engines,35 and additional operating emissions. 37 A boiler is an encased vessel that provides a 36 Qualifying projects in this category do their updates. means for combustion heat to be transferred into not include terminal replacement water until it becomes steam. The steam is then projects or have the effect of attracting 35 EPA Report 460/3–91–02, November 1991, used to heat the building through a network of Nonroad Engine and Vehicle Emission Study— pipes. When water is boiled into steam its volume more passengers. Nor do they have the Report. increases about 1,600 times, which is an efficient effect of increasing the airport’s ability 36 EPA Report NR–005A, December 9, 1997, means for transferring heat for a process. to accommodate additional numbers or revised June 15, 1998, Median Life, Annual HVACWebTech, Inc.

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BILLING CODE 4910–13–C

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Airport terminals consume energy for maintenance areas since the primary boilers using up to 5.05 million cubic heat at a higher rate than most public pollutant from combustion of these fuels meters of natural gas annually, which is buildings. The reasons for this include is NOX, a precursor to ozone formation. sufficient to heat a building of the open areas surrounding many Hydrocarbons (HCs) are another approximately 210,000 square feet.40 airports, heat loss from the movement of precursor to ozone but they are NOX emissions in a severe ozone people and baggage in and out of relatively low for these fuel types in nonattainment area would be limited to buildings, and the usual 24-hour comparison to NOX emissions. The 907,000 gallons of No. 6 fuel oil operation of facilities. The consumption primary pollutant from the combustion (residual), 2,065,000 gallons of No. 2 of energy to generate heat is also of fuel oil (No. 2 diesel, and No. 5 and fuel oil (diesel), 2,603,000 gallons of dependent upon the design of the No. 6 residual) is SO2, while particulate propane, 1,515 short tons of bituminous terminal building. For instance, many matter is the primary pollutant from the coal, or 2,777 short tons of anthracite airport terminals are designed with combustion of coal, including culm fuel. coal on an annual basis. exterior glass walls or incorporate Therefore, NOX, SO2, PM2.5, and PM10 The installation, upgrade, or design, art, and architectural treatments are the most likely limiting pollutants expansion of an airport HVAC system that reflect local customs and for the operation of boiler systems at that requires a permit under new source community history.38 The many airports. review (NSR) or prevention of variations of airport terminal design, Table III–4 below presents maximum significant deterioration programs is including geographical location, make it annual fuel throughput for heating exempt from a general conformity impractical to identify the ‘‘typical systems and boilers by fuel type at determination.41 The inclusion of terminal building’’ for purposes of levels that do not equal or exceed the de airport boiler installations/ determining total emissions. Therefore, minimis thresholds. The FAA Emissions modifications as a presumed to conform the presumption of conformity could and Dispersion Modeling System activity does not affect existing or future not be based on the characteristics of the (EDMS) was used to perform the requirements of Federal, State or local building, but rather on the volume of calculations. EDMS emission factors are air quality operating permit programs. fuel consumed. conservatively based on EPA’s AP–42 Proper compliance with all applicable As discussed, emissions resulting emissions quantification environmental regulations must be from the operation of boilers depend on methodology.39 maintained. the type of fuel powering the boiler The analysis shows, for example, that BILLING CODE 4910–13–P system. Emissions from the use of an airport located in a severe propane, butane, and natural gas are of nonattainment area for ozone, with a de 40 Assuming a 100,000 sq. ft. one-floor building would require approximately 2.4 million cubic minimis NOX threshold of 25 tons per concern in ozone nonattainment and meters of natural gas to heat the building, annually; year, could operate new or improved based on the industry standard heat value, 1,000 38 FAA AC 150/5360–13, April 22, 1988, Planning BTU per cubic foot of natural gas, annually [Airtron and Design Guidelines for Airport Terminal 39 FAA, 2007, Emissions and Dispersion Modeling Heating and Air Conditioning, Columbus, Ohio]. Facilities. System EDMS Version 5.0. 41 40 CFR part 93, § 93.153(d)(1).

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BILLING CODE 4910–13–C following the events of September 11, passenger scanning devices, addition of 8. Airport Security 2001, the FAA has determined that camera surveillance, bolstering of dedicated security-related airport airport security fencing, and Based on collected project projects qualify as presumed to conform reinforcement of airport access control. information and additional agency actions, including modification of In most cases, the installation of experience with airport security actions existing terminals with luggage and security equipment and upgraded

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operations in existing facilities will not 10. Airport Maintenance Facilities through the use of construction result in the generation of air emissions. Airport maintenance facilities house equipment to pave the staging area. If the construction and installation of the equipment necessary to run, service, Construction emissions are primarily some dedicated security projects do and maintain the airport environs. comprised of NOX and CO. The quantity of emissions associated cause emissions, these emissions will be These facilities can include vehicle with the construction of an asphalt minor and well below the de minimis service centers, fueling stations, and taxicab staging area was based on a thresholds. storage areas for snow removal and Security requirements also may construction design for a regional maintenance equipment. FAA actions asphalt roadway. The calculation of dictate that parking spaces close to associated with upgrading airport- terminal buildings be eliminated.42 As a emissions included activities such as owned maintenance facilities are excavation, preparation of the subgrade, result, FAA actions associated with the presumed to conform based on the fact expansion of parking facilities to adding a base layer of stone, fine that these facilities typically require grading, and paving. The paving process compensate for lost close-in parking are only minor construction. However, the presumed to conform provided these included the application of a tack coat, installation or upgrading of aircraft wearing course, and the final seal coat. actions are limited to a one-for-one maintenance facilities (typically owned replacement of parking capacity. The type and use of construction by an airline or charter company) that equipment was determined based on Generally, the relocation of parking are used to paint or maintain aircraft at spaces away from the terminal building information obtained from the R.S. an airport are not considered presumed Means’ Means Building Construction will reduce vehicle miles traveled to conform because aircraft maintenance (VMT) on airport property, resulting in Cost Data, and the State of Ohio facilities may cause an increase in Department of Transportation’s Manual an emissions decrease. flights to meet maintenance schedules. It is important to note that this of Procedures for Flexible Pavement category of presumed to conform actions 11. Airport Signage Construction and Pavement Design and Rehabilitation Manual. Rated is separate from exempt Federal actions Airport sponsors place signs under the Rule that are part of a horsepower and load factors for each throughout the airport property to direct construction unit was obtained from the continuing response to an emergency or passengers, employees, and vendors to 43 EPA’s Nonroad Engine and Vehicle disaster. Agency use of the emergency terminals, parking lots, rental car areas, exemption is limited in time and must Emission Study-Report and Median Life, maintenance areas, etc. In addition, Annual Activity, and Load Factor involve overriding concerns for public airports provide a network of signs to health and welfare, national security Values for Nonroad Engine Emissions direct aircraft and vehicles on the Modeling, and the Caterpillar interests, and foreign policy airfield. Airport signage is often commitments.44 Performance Handbook. electrified for illumination at night and Emission factors were obtained from 9. Airport Safety for other times of limited visibility. In the EPA’s Nonroad Engine and Vehicle general, airport signage installation can Airport projects relating to airport Emission Study-Report. be completed in a matter of days or The acreage that could be paved safety include actions specific to the weeks. It would require more than a without equaling or exceeding the de Runway Safety Area (RSA). FAA year of continuous installation to exceed minimis thresholds for each applicable regulations specify the requirements for the 25-ton threshold for NOX. Therefore, nonattainment or maintenance category a RSA, which is defined as the surface airport signage installation projects are was calculated and summarized in area that surrounds and extends beyond presumed to conformed. Table III–1. For instance, an airport the runway ends that is required for located within an area designated as reducing the risk of damage to airplanes 12. Commercial Vehicle Staging Areas severe nonattainment for ozone, which in the event of an undershoot, Commercial vehicle staging areas at limits net project emissions to an annual overshoot, or excursion from the airports serve as temporary holding rate of 25 tons of NO , is limited to a runway.45 RSA improvements are X areas for taxicabs, limousines, and other commercial vehicle staging area of about presumed to conform unless a new road commercial vehicles. Such areas reduce 13 acres, or 561,584 square feet, which or the relocation of a road is required. the need to idle at the terminal curb results in 2.35 tons of VOC emissions. In addition to a safe airfield, airport front and help to decongest the terminal Paving of approximately 137 acres is projects to build, expand, replace, roadways. Airports that employ required to cause emissions of VOC of upgrade, or equip a required Aircraft commercial vehicle staging areas may nearly 25 tons, as established for a Rescue and Firefighting Facility (ARFF) enforce specific idling restrictions or severe nonattainment area for ozone. In are presumed to conform. These engine-off mandates to further reduce order to approach the 100 ton de facilities are relatively small airport air quality impacts. Generally, the use of minimis thresholds for other criteria projects and must be provided by the commercial vehicle staging areas is an pollutants, paving areas of airport to ensure airport and passenger emissions reduction strategy because approximately 140 acres would be safety. Airports must meet ARFF the alternative inherently creates more required for CO, 556 acres for SO , and requirements as specified under 14 CFR 2 emissions from increased traffic and more than 595 acres for PM . Therefore, 139.317, and are responsible for 10 congestion at the terminal. NO is the limiting pollutant for paving upgrading an ARFF if there is an X A Federal action to develop a projects at airports and emissions of increase in the average daily departures commercial vehicle staging area for VOC, CO, SO , and PM are or the length of an air carrier aircraft.46 2 10 purposes of relieving airport traffic considerably less in comparison to NOX. congestion is presumed to conform 42 FAA Aviation Security Directive issued based on the criteria provided in Table 13. Low-Emission Technology and February 2002. III–1 for a ‘‘Commercial Vehicle Staging Alternative Fuel Vehicles 43 40 CFR Part 93, § 93.153(e). 44 Ibid. Area.’’ Providing a commercial vehicle A growing number of airports are 45 FAA AC 150/5300–13, September 29, 1989, staging area does not cause an increase interested in new technology and Airport Design. in the volume of vehicles on regional vehicle systems to reduce stationary and 46 Per index under 14 CFR Part 139, § 139.319(a) roadways and impacts air quality only mobile emissions. Based on agency and

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airport low-emission programs over the reducing congestion, balancing 15. Routine Installation and Operation past several years, which provide controller workload, and improving of Airport Navigation Aids extensive data and documentation to coordination between controllers Aviation navigation aids represent the verify the emission reduction benefits of handling existing air traffic, among facilities and equipment used for new low-emission technology, these other things. communications, navigation, and activities are presumed to conform. Project-related aircraft emissions surveillance (CNS) systems.53 The use Activities that are presumed to released into the atmosphere above the conform include the replacement, and maintenance of CNS systems is inversion base for pollutant essential to safe air commerce and substitution, or conversion of containment, commonly referred to as 54 conventional fuel vehicles (gasoline, national security. Airports are the ‘‘mixing height,’’ (generally 3,000 ft. required to establish adequate diesel) to vehicles using alternative or above ground level) do not have an clean conventional fuel technology. maintenance systems for navigational effect on pollution concentrations at aid facilities to the level of performance Qualified activities also encompass 49 50 ground level. Therefore, air traffic achieved at original commission.55 airport low-emission infrastructure control actions above the mixing height Similar to the previous presumed to improvements and the use of refueling are presumed to conform. conform action for air traffic control or recharging stations needed to service In addition, the results of FAA activities, EPA states in the preamble airport low-emission vehicles. research on mixing heights indicate that that ‘‘routine installation and operation All low-emission activities funded changes in air traffic procedures above of aviation (and maritime) navigation through the FAA Voluntary Airport Low 1,500 ft. AGL and below the mixing aids’’ are below de minimis and should Emission Program (VALE) or that are height would have little if any effect on be considered exempt actions.56 required as part of environmental emissions and ground concentrations.51 47 Because these activities are cited in the mitigation are presumed to conform. Such actions in the vicinity of the preamble but not in the Rule itself, the The VALE program requires that airport are tightly constrained by FAA believes that it is prudent to vehicles purchased under the program runway alignment, safety, aircraft document these activities as presumed meet specific low-emission standards performance, weather conditions, to conform. and that these vehicles and other terrain, and vertical obstructions.52 program equipment remain at the Accordingly, air traffic actions below The routine installation, in-kind airport for their useful life. the mixing height are also presumed to replacement, and maintenance of navigational aids (e.g., Air Traffic 14. Air Traffic Control Activities and conform when modifications to routes and procedures are designed to enhance Control Towers (ATCT), Instrument Adopting Approach, Departure and Landing Systems (ILS), Approach Light Enroute Procedures for Air Operations operational efficiency (i.e., to reduce delay), increase fuel efficiency, or Systems (ALS)) are presumed to The preamble to the General conform because these activities will 48 reduce community noise impacts by Conformity Rule states that: means of engine thrust reductions. not generate emissions that exceed de ‘‘In order to illustrate and clarify that Other air traffic procedures and system minimis levels. Moreover, emissions the de minimis levels exempt certain enhancements that are presumed to generated by construction equipment types of Federal actions, several de conform include actions that have no and maintenance vehicles used to minimis exemptions are listed in effect on air emissions or result in air transport workers and equipment to 51.853(c)(2). There are too many Federal quality improvements, such as gate hold CNS system sites are negligible actions that are de minimis to procedures which reduce queuing, considering the temporary nature of completely list in either the rule or this idling, and flight delays. construction and maintenance activities preamble.’’ and the limited number of vehicles In FAA’s experience, airport capacity As an illustration of exempt actions, involved. improvements result from market forces EPA states in the preamble that ‘‘Air If the installation of new or upgraded traffic control activities and adopting in today’s deregulated environment that determine where airlines fly and how navigational aids for improved safety approach, departure and enroute and efficiency also increases the procedures for air operations’’ are often. These forces lead, for example, to airport planning and development of capacity of the airport or changes the among other actions that are de minimis operational environment of the airport, (preamble, p. 63229, I(2)) and should be new runway or terminal projects, which are large actions that are not presumed these CNS activities are not presumed to exempt from the Rule. Because air 57 to conform and must be evaluated conform. traffic control activities are cited in the Also presumed to conform are CNS preamble but not in the Rule itself, the further. Limited refinements to terminal air traffic procedures below the mixing emergency or standby generators FAA believes that it is prudent to powered by natural gas or propane. document these activities as presumed height typically reduce local emissions as a result of improved efficiencies, These generators provide electric power to conform. in case of primary power failure and are Air traffic control activities are reduced ground delays, and noise mitigation. operated intermittently, with an defined as actions that promote the safe, estimated total time of operation of less orderly, and expeditious flow of aircraft than 100 hours per year. Because of the traffic, including airport, approach, 49 EPA Report, Procedures for Emission Inventory Preparation, Volume IV: Mobile Sources [420R–92– infrequent use and small size (135 departure, and enroute air traffic 009], section 5.2.2., 1992. kilowatts or less) of the engine control. Airspace and air traffic actions 50 Realistic Mixing Depths for Above Ground generators and the use of clean-burning (e.g., changes in routes, flight patterns, Aircraft Emissions, Journal of the Air Pollution and arrival and departure procedures) Control Association, Vol. 25, No. 10, Howard M. 53 14 CFR 171.1–171.51. are implemented to enhance safety and Segal, Boeing, 1975. 51 Report on ‘‘Consideration of Air Quality 54 14 CFR 169.1(a) increase the efficient use of airspace by Impacts by Airplane Operations At or Above 3,000 55 14 CFR Part 171. feet AGL,’’ FAA–AEE–00–01, September 2000, p. 5. 56 58 FR 63229, I(6) (Nov. 30, 1993). 47 FAA Order 5100.38C, Airport Improvement 52 FAA Advisory Circulars No. 25–13 and No. 91– 57 Consistent with FAA Order 1050.1E, Section Program Handbook, June 2005, §§ 580, 585. 53A describe requirements that must be met when 401 ‘‘Actions Normally Requiring an Environmental 48 58 Fed. Reg. 63229 (Nov. 30, 1993). using reduced power for takeoff. Assessment’’.

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fuels, the engine generators produce part of a larger project being evaluated typically have emissions below de negligible air emissions. under the environmental review minimis levels. To determine whether requirements of the National such a project requires a conformity IV. How To Apply Presumed To Environmental Policy Act (NEPA). determination, FAA excludes one Conform Actions Below is a description of the different presumed to conform action and then The qualifying project categories actions and procedures. prepares an applicability analysis for discussed in the preceding section may Single Action. A single action is the remaining actions. In other words, be referred to as the FAA ‘‘presumed to defined as a presumed to conform FAA determines whether the emissions conform list.’’ The analysis for action that is not connected or from the combination of actions, less presumed to conform actions is dependent on other actions and which one presumed to conform action, equals considered representative of the vast is determined to have independent or exceed de minimis levels or assists in majority of possible airport projects utility.60 For such actions, no general demonstrating conformity. within each category. However, FAA conformity evaluation or applicability FAA procedures for combined actions employees must consider the analysis is required and agency officials permit FAA to exclude the emissions appropriateness of applying this list, may simply document that the project from one presumed to conform action particularly how the proposed project action is considered presumed to and to prepare an applicability analysis, compares to the presumed to conform conform on the basis of this Notice and and a conformity determination if category of projects.58 the applicable project category. necessary, based upon the total direct As authorized under the CAA, the list Using the analysis and documentation and indirect emissions of the actions provides an additional way for the FAA for this Notice meets a major intent of that are not otherwise exempt.63 Thus, to improve its environmental program presumed to conform—namely to in a combined action, the emissions management while still ensuring that reduce the analysis burden for actions from one presumed to conform action agency air quality goals and that have little or no direct or indirect may be excluded from the calculation of requirements are met. Use of the list emissions. By analyzing each project total project emissions. The process will reduce review times, eliminate category in the presumed to conform list could show that either the combined unnecessary paperwork, clarify and reporting the findings in the action (minus the one excluded analytical requirements for all project preceding section, the FAA has shown presumed to conform action) would actions, and insure that the proper level that the resulting emissions from each equal or exceed de minimis thresholds of documentation is applied in each presumed to conform action would and thus trigger a conformity case. Moreover, in some instances, the typically be below the applicable de determination, or that the combined presumed to conform list can provide minimis thresholds. action (minus the one excluded another method that the FAA can use to Combined Action. A combined action presumed to conform action) is below demonstrate conformity with an is defined as either: (1) Multiple de minimis thresholds with no further applicable SIP. presumed to conform actions that are action required. Consequently, the As part of the process of developing connected to each other; or (2) one or allowance to exclude one presumed to the list of actions presumed to conform more presumed to conform actions that conform action could make a difference under 40 CFR 93.153(f), the FAA, in are connected to one or more non- as to whether a conformity close consultation with the EPA, has presumed to conform actions being determination is needed or whether exercised its discretion to establish evaluated under the environmental conformity is demonstrated. FAA separate procedures.59 FAA established review requirements of NEPA (e.g., EA officials have the authority and its own procedures for including or EIS). The Council on Environmental responsibility to decide which presumed to conform actions in total Quality defines ‘‘connected actions’’ as presumed to conform action is excluded emissions in determining applicability actions that are closely related if more than one is present in a and conformity to avoid segmentation of involving, for example, interdependent combined action.64 projects for conformity analysis when parts of a larger action, dependence on The FAA has determined as a matter emissions are reasonably foreseeable. a larger action for justification, or of policy to implement the presumed to dependence on other actions taken conform list with respect to combined When applying the presumed to 61 conform list, the FAA determines previously or simultaneously. actions by balancing considerations Where there is a combined action, 65 whether it is dealing with proposed about project segmentation , then only one action specified on the 66 presumed to conform actions that connected actions under NEPA , and presumed to conform list may be represent one or more ‘‘single actions’’ the permitted exclusion of emissions excluded in calculating total direct and or a ‘‘combined action.’’ The FAA also attributable to presumed to conform indirect emissions. The emissions from actions under the Rule. With regard to determines whether the combined all the other actions that are not action involves multiple connected otherwise exempt must be calculated to 63 presumed to conform actions or Emissions from exempt actions are excluded in determine that total emissions from the accordance with 40 CFR 93.152. presumed to conform actions that are remaining actions.62 For example, the 64 Requirements and allowances for combined FAA may undertake a project with actions are based on interagency communications 58 The list must be used carefully because with EPA. ‘‘[w]here an action otherwise presumed to conform several connected actions that must be 65 In the preamble to the General Conformity under paragraph (f) of this section * * * does not analyzed under NEPA. Several of those Rule, EPA decided not to adopt its initial proposal in fact meet one of the criteria in paragraph (g)(1) actions may individually be listed on to permit Federal agencies to use the NEPA concept of this section, that action shall not be presumed the presumed to conform list because of tiering and analyze actions in a staged manner to conform and the requirements of § 93.150 and in conducting conformity analyses. EPA explained, §§ 93. 155 through 93.160 shall apply for the those actions taken alone would among other things: ‘‘[T]iering could cause the Federal action.’’ See 40 CFR § 93.153(j). segmentation of projects for conformity analysis, 59 It is a fair inference from EPA’s April 9, 2007 60 40 CFR 1506.1(c)(1) and 1508.25(a), Council on which might provide an overall inaccurate estimate letter to FAA that the EPA interprets 40 CFR Environmental Quality, Regulations for of emissions. The segmentation of projects for § 93.153(f) to permit the FAA to define total direct Implementing the Procedural Provisions of NEPA. conformity analyses when emissions are reasonably and indirect emissions to include presumed to 61 40 CFR 1508.25(1). foreseeable is not permitted by this rule.’’ (58 FR conform actions in certain circumstances, 62 An allowance to this provision is discussed in 63240). notwithstanding 40 CFR § 93.152. the following paragraph. 66 40 CFR 1508.7.

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the latter, the Rule states in 93.152 conform actions must be listed as a However, the FAA has decided to defer under Definitions: ‘‘The portion of separate line item in the emissions action on this aspect of its Draft Notice emissions which are exempt or inventory and clearly explained and based upon consultation with the EPA. presumed to conform under Section presented in all related study Issued in Washington, DC on July 24, 2007. documentation. 93.153(c), (d), (e), or (f) are not included Charles R. Everett, Jr., in the ‘‘total of direct and indirect Consistent with the goal of reducing Manager, Planning and Environmental emissions.’’ Likewise, as stated in the the analysis burden for presumed to conform actions, the Notice may be used Division, Office of the Associate preamble (58 FR 63233): ‘‘The final rule Administrator for Airports. in some instances to document requires the inclusion of the total direct [FR Doc. 07–3695 Filed 7–25–07; 12:19 pm] and indirect emissions in the presumed to conform actions in lieu of BILLING CODE 4910–13–P applicability and conformity the standard modeling methodology. determinations, except the portion of Specifically, the Notice may be used if the project is a single action or if it is emissions which are exempt or DEPARTMENT OF TRANSPORTATION presumed to conform* * *’’ 67 The limited to multiple presumed to FAA applies this definition to exclude conform actions that are supported in Federal Highway Administration emissions for single and multiple the Notice by additional quantification. presumed to conform actions that are Presumed to conform actions or [Docket No. FHWA–2007–28797] categories with additional quantification not connected to one another. FAA Agency Information Collection procedures for combined actions offer a (e.g., data tables) are: Pavement markings; pavement monitoring Activities: Notice of Request for reasonable approach by placing a more Reinstatement of a Previously conservative limit on the permitted systems; non-runway pavement work; lighting systems; terminal and Approved Collection for Which exclusion of presumed to conform Approval Has Expired emissions than 40 CFR 93.152. concourse upgrades; new HVAC Documentation. Documentation systems, upgrades, and expansions; AGENCY: Federal Highway requirements for combined actions are airport signage; commercial vehicle Administration (FHWA), DOT. greater typically than for single actions. staging areas; and low-emission ACTION: Notice and request for On some combined actions, the FAA technology and alternative fuel 69 comments. requires that presumed to conform vehicles. Also, the Notice may be used actions be analyzed and documented by if all but one of the project’s multiple SUMMARY: The FHWA has forwarded the means of an emissions inventory using presumed to conform actions are information collection request described the FAA EDMS model and related supported by additional quantification in this notice to the Office of procedures.68 This standard modeling and the FAA excludes, as allowed, the Management and Budget (OMB) for methodology is project-specific and emissions from the one presumed to approval of a reinstatement of a more refined than the quantification of conform action that is not supported by previously approved collection for emissions in this Notice and therefore additional quantification. which approval has expired. We offers greater confirmation in some Regional Significance published a Federal Register Notice with a 60-day public comment period cases that the applicable emissions will FAA employees must also reflect that not equal or exceed the de minimis on this information collection on May they have considered potential regional 11, 2007. We are required to publish thresholds. significance, that is, whether the total Specifically, standard modeling this notice in the Federal Register by direct and indirect emissions of the the Paperwork Reduction Act of 1995. methodology must be used if the project pollutants from each presumed to DATES: includes: (1) One or more presumed to conform action represent 10 percent or Please submit comments by conform actions that are connected to more of a nonattainment or maintenance August 29, 2007. non-presumed to conform actions which area’s total emissions of that pollutant ADDRESSES: You may send comments are being evaluated under the under 40 CFR 93.153(i).70 If project within 30 days to the Office of environmental review requirements of emissions are regionally significant on Information and Regulatory Affairs, NEPA; or (2) two or more presumed to this basis, the FAA would be required Office of Management and Budget, 725 conform actions are involved which are to prepare a conformity analysis and 17th Street, NW., Washington, DC not supported by additional determination for a presumed to 20503, Attention DOT Desk Officer. You quantification in the Notice (see below). conform Federal action. are asked to comment on any aspect of In these cases, each presumed to As the FAA indicated in its Draft this information collection, including: conform action must be modeled and Notice, strong evidence indicates that (1) Whether the proposed collection is inventoried in the same manner and to presumed to conform actions are not necessary for the FHWA’s performance; the same extent as non-presumed to likely to be regionally significant.71 (2) the accuracy of the estimated conform actions. Moreover, presumed to burden; (3) ways for the FHWA to 69 Documentation for low-emission technology enhance the quality, usefulness, and 67 EPA gives as an example a Federal action that and alternative fuel vehicles may be based on the clarity of the collected information; and includes construction of a new industrial boiler findings of the FAA VALE program and its (4) ways that the burden could be project, that is exempt, and a separate office preceding pilot program (ILEAV). building. The emissions from the hypothetical 70 This section provides that actions specified by minimized, including the use of boiler exceed de minimis levels however it is individual federal agencies that have met applicable exempt and so the emissions are excluded. The criteria and procedures are presumed to conform unlikely to have emission levels that are regionally emissions from the office building alone are below ‘‘except as provided in paragraph (j) of this significant (Air Quality Procedures for Civilian de minimis levels. As a result, the action as a whole section.’’ Paragraph (j) states: ‘‘Where an action Airports and Air Force Bases, FAA and USAF, does not need a conformity determination. (58 Fed. otherwise presumed to conform under paragraph (f) April 1997). This is because, based on the highest Reg. 63233). of this section is a regionally significant action de minimis threshold level (100 tons per year), in 68 The primary source of agency air quality * * * that action shall not be presumed to conform order for an action’s net emissions to represent 10 procedures and analysis requirements is the FAA and the requirements [for a conformity analysis and percent or more of a maintenance or nonattainment Air Quality Handbook entitled Air Quality determination] shall apply for the Federal action.’’ area’s total emissions of a particular pollutant, the Procedures for Civilian Airports and Air Force 71 The FAA Air Quality Handbook states that an area’s total emissions inventory for any pollutant Bases, FAA and USAF, April 1997. airport project that is presumed to conform is must be less than 1,000 tons, which is unlikely.

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electronic technology, without reducing • Examine the availability and use of NHTS is a two-stage study. In the first the quality of the collected information. transportation to various population stage, households are contacted via All comments should include the groups, including those whose mobility computer assisted telephone Docket number FHWA–2007–28797. has historically been lower than that of interviewing (CATI) to collect basic FOR FURTHER INFORMATION CONTACT: the general population, such as the information about the household and its Heather Contrino, 202–366–5060, or elderly, low-income, people of color, vehicles. During this initial contact, Ralph Gillman, 202–366–5042, Office of and new immigrants; households are recruited to participate • Highway Policy Information, Federal Identify factors affecting the use of in the diary phase (second stage of the Highway Administration, Department of private vehicles and other means of study). Each household is assigned a Transportation, 1200 New Jersey transportation as they relate to trip specific travel day and asked to record Avenue, SE., Washington, DC 20590. purposes including travel to work, details about each trip taken on that Office hours are from 8 a.m. to 5 p.m., school, shopping, medical care, other day. The stage two trip information is Monday through Friday, except Federal personal business, social and obtained via computer assisted recreational travel; telephone interviewing (CATI). holidays. • Forecast trends in highway Frequency: The NHTS has been SUPPLEMENTARY INFORMATION: transportation in light of projected Title: National Household Travel conducted by the DOT every 5–7 years demographic changes; since 1969. The 2008 NHTS will be Survey. • Obtain the public’s response to conducted during calendar year 2008. OMB Control #: 2125–0545. changes in transportation systems and Background: The collection of services; Estimated Average Burden per passenger travel data is authorized in • Evaluate factors relating to the Response: The estimated burden per Title 23, Section 502, which authorizes safety of the surface transportation household averages 68 minutes, which the DOT to engage in studies to collect system; includes interviewing an average of 2.5 data for planning future highway • Provide data for the evaluation of persons per household. The burden per programs. The 2008 National Household the impacts of various policy initiatives; person averages 20 minutes for the Travel Survey (NHTS) will provide an and interview and another 7 minutes for updated benchmark of travel activity • Provide cost-effective information keeping the diary. and a measure of the impact of that supports transportation planning Estimated Total Annual Burden household travel behavior on system and decision making by Federal, State, Hours: The estimated total annual performance including safety, and local governments. burden hours are 28,333. accessibility, economic factors, and The DOT uses the data to analyze the Electronic Access: Internet users may congestion. This continuity is important amount and nature of household travel, access all comments received by the in identifying, assessing, and forecasting the relationship between socioeconomic U.S. DOT Dockets, by using the travel trends. The many changes in characteristics and travel patterns, and universal resource locator (URL): travel and the related social patterns trends in passenger travel. Because http://dms.dot.gov, 24 hours each day, point to the need for a 2008 NHTS. demographic information is collected on 365 days each year. Please follow the Continuing changes in household each person and each household instructions online for more information structure, commuting levels and surveyed in the NHTS, the dataset is and help. patterns, the location of households and excellent for describing travel behavior Authority: The Paperwork Reduction Act workplaces, and increases in the of population groups. The of 1995; 44 U.S.C. Chapter 35, as amended; mobility of the older population, as well transportation community has seen the and 49 CFR 1.48. as issues of air quality and traffic influence of changes in travel behavior Issued on: July 23, 2007. congestion, have all resulted in on the amount and type of travel significant changes in travel in recent demand, including the increasing James R. Kabel, years. Historically, FHWA has had the participation of women in the Chief, Management Programs and Analysis responsibility for the administration of workforce, trip chaining for other Division. the NHTS; however, FHWA coordinates purposes as part of the work journey, an [FR Doc. E7–14643 Filed 7–27–07; 8:45 am] with other agencies within the DOT on increase in single-occupant vehicles, BILLING CODE 4910–22–P information needs and program increased development of the outer applications. The Bureau of suburbs and exurbs, and changes in DEPARTMENT OF TRANSPORTATION Transportation Statistics (BTS), National household structure. NHTS is also Highway Traffic Safety Administration critical in assessing emerging travel Maritime Administration (NHTSA), and the Federal Transit roles of older populations and how this Administration (FTA) have provided is changing over time, as the older Maintenance and Repair supplemental funding in past NHTS cohort is more and more composed of Reimbursement Pilot Program program activities. In addition, several those who have grown up driving. organizations outside DOT rely on the Understanding household travel today AGENCY: Maritime Administration, NHTS for transportation information means understanding the complexity Department of Transportation relating to health (Centers for Disease and variety of travel needs under these ACTION: Notice of extension of Control), energy consumption (Energy changing conditions. As our society application deadline. Information Administration), and addresses air quality and congestion emergency planning (Department of issues, it is vital that the various trends SUMMARY: The Maritime Administration Homeland Security). The DOT has a be understood along with their is hereby giving notice that the closing continuing need for current and implications for the different segments date for filing applications to enroll in improved data to determine the nature of the population. the Maintenance and Repair and extent of present travel needs and Respondents: Approximately 25,000 Reimbursement Pilot Program is to plan for meeting the nation’s travel households will complete the survey. extended until October 30, 2007. The needs of the future. Specifically, data is The survey households will be selected notice announcing the initial needed to: using random digit dialing (RDD). The application deadline was published in

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the Federal Register on July 2, 2007 (72 ACTION: Request for comments on 2006, NHTSA published a draft of this FR 36103). technical report. report (an update and modification to FOR FURTHER INFORMATION CONTACT: Jean the 2004 report) in support of a SUMMARY: This notice announces E. McKeever, Associate Administrator proposed rulemaking to establish a new NHTSA’s publication of a Technical Federal Motor Vehicle Safety Standard, for Business and Workforce Report evaluating the effectiveness of Development, Maritime Administration, FMVSS No. 126, which requires ESC Electronic Stability Control (ESC) systems on passenger cars, 1200 New Jersey Ave., SE., Washington, Systems. The report’s title is: Statistical DC 20590; phone: (202) 366–5737; fax: multipurpose passenger vehicles, Analysis of the Effectiveness of trucks, and buses with a gross vehicle (202) 366–3511; or e-mail: Electronic Stability Control (ESC) [email protected]. weight rating of 10,000 pounds or less. Systems—Final Report. Statistical analyses of 1997–2004 crash SUPPLEMENTARY INFORMATION: Section DATES: Please submit comments by data from the Fatality Analysis 3517 of the National Defense November 27, 2007. Reporting System (FARS) and 1997– Authorization Act for fiscal year 2007 ADDRESSES: 2003 crash data from the State data files (Pub. L. 109–163) requires a person who Report: The report is available for estimate reductions with ESC for is awarded a Maritime Security Program viewing online in PDF format at the various types of crash involvements. (‘‘MSP’’) agreement to also enter into an Docket Management System (DMS) Web • ESC reduced fatal run-off-road agreement with the Maritime page of the Department of crashes by 36 percent for passenger cars Administration to perform maintenance Transportation, http://dms.dot.gov. and 70 percent for light trucks and vans and repair (‘‘M&R’’) work in United Click on ‘‘Simple Search’’; type in the (LTVs). The reductions are statistically States shipyards as a condition of the five-digit docket number shown at the significant. MSP award. The Maritime beginning of this Notice (28629) and • Police-reported run-off-road Administration’s M&R regulations do click on ‘‘Search’’; that brings up a list involvements were decreased by 45 not apply the M&R condition to of every item in the docket, starting with percent in passenger cars and 72 percent contractors who have already been a copy of the Federal Register notice in LTVs. The decreases are statistically awarded an M&R agreement. Thus, the (item NHTSA–2007–28629–1) and a significant. Maritime Administration’s M&R copy of the report in PDF format (item • Fatal single-vehicle crashes that did regulations make the M&R obligation NHTSA–2007–28629–2). not involve pedestrians, bicycles, and mandatory on new awardees, including Comments: You may submit animals decreased (due to ESC) by 36 transferees, of MSP agreements, and comments [identified by DOT DMS percent in passenger cars and 63 percent voluntary for existing MSP contractors. Docket Number NHTSA–2007–28629] in LTVs. The decreases are statistically The John Warner National Defense by any of the following methods: significant. Authorization Act for Fiscal Year 2007, • Web Site: http://dms.dot.gov. • ESC reduced police-reported single- (Pub. L. 109–364) grants a priority, Follow the instructions for submitting vehicle crashes (excluding pedestrian, during times of insufficient comments on the DOT electronic docket bicycle, animal crashes) by 26 percent appropriations, in allocation of MSP site. for passenger cars and 48 percent for payments to MSP contractors that have • Fax: 1–202–493–2251. LTVs. The reductions are statistically entered into M&R agreements. The M&R • Mail: Docket Management Facility; significant. regulations were published in the U.S. Department of Transportation, • Rollover involvements in fatal Federal Register on February 6, 2007 Room W12–140, 1200 New Jersey crashes were decreased by 70 percent in (72 FR 5342–01), but did not specify a Avenue, SE., Washington, DC 20590. passenger cars and 88 percent in LTVs. • time period for submitting applications. Hand Delivery: 1200 New Jersey The decreases are statistically In order to administer the priority Avenue, SE., West Building, Room significant. provisions of Public Law 109–364, we W12–140, Washington, DC, between 9 • Police-reported crashes involving need to close the application period. a.m. and 5 p.m., Monday through rollovers were reduced by 64 percent in (Authority: 49 CFR 1.66) Friday, except Federal holidays. passenger cars and 85 percent in LTVs. You may call Docket Management at The reductions are statistically Dated: July 23, 2007. 1–800–647–5527 and visit the Docket By Order of the Maritime Administrator. significant. from 10 a.m. to 5 p.m., Monday through • ESC reduced culpable fatal multi- Daron T. Threet, Friday, except Federal holidays. vehicle crashes by 19 percent for Secretary, Maritime Administration. FOR FURTHER INFORMATION CONTACT: passenger cars and 34 percent for LTVs. [FR Doc. E7–14636 Filed 7–27–07; 8:45 am] Jennifer N. Dang, Evaluation Division, Only the reduction involving LTVs is BILLING CODE 4910–81–P NPO–131, National Center for Statistics statistically significant. and Analysis, National Highway Traffic • Culpable involvements in police- Safety Administration, Room W53–455, reported multi-vehicle crashes were DEPARTMENT OF TRANSPORTATION 1200 New Jersey Avenue, SE., decreased by 13 percent in passenger National Highway Traffic Safety Washington, DC 20590. Telephone: cars and 16 percent in LTVs. The Administration 202–493–0598. FAX: 202–366–3189. E- decreases are statistically significant. mail: [email protected]. • Overall, ESC reduced all fatal SUPPLEMENTARY INFORMATION: In 2004, crashes by 14 percent for passenger cars [Docket No. NHTSA–2007–28629] NHTSA initiated an evaluation to assess and 28 percent for LTVs. Only the Statistical Analysis of the the effectiveness of ESC in reducing reduction in LTVs is statistically Effectiveness of Electronic Stability single-vehicle crashes in various significant. • Control (ESC) Systems—Final Report domestic and imported passenger cars Overall, police-reported crash and Sport Utility Vehicles (SUVs). The involvements decreased by 8 percent in AGENCY: National Highway Traffic preliminary results from that study passenger cars and 10 percent in LTVs. Safety Administration (NHTSA), indicated that ESC was highly effective The decreases are statistically Department of Transportation. in reducing single-vehicle crashes. In significant.

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This evaluation was peer-reviewed by Management will return the postcard by Docket you selected, click on the two (2) qualified specialists who have mail. desired comments. You may also experience in statistics and analysis of download the comments. How do I submit confidential business crash avoidance. The draft report information? Authority: 49 U.S.C. 30111, 30168; (Docket No. NHTSA–2006–25801–2) delegation of authority at 49 CFR 1.50 and If you wish to submit any information was revised to address most of the 501.8. comments from the peer-reviewers. You under a claim of confidentiality, send may access their comments on the draft three copies of your complete Joseph S. Carra, and the entire peer review process in submission, including the information Associate Administrator for the National Docket No. NHTSA–2006–26415. you claim to be confidential business Center for Statistics and Analysis. information, to the Chief Counsel, NCC– [FR Doc. E7–14627 Filed 7–27–07; 8:45 am] How can I influence NHTSA’s thinking 110, Room W41–227, National Highway BILLING CODE 4910–59–P on this subject? Traffic Safety Administration, 1200 New NHTSA welcomes public review of Jersey Avenue, SE., Washington, DC the report and invites reviewers to 20590. Include a cover letter supplying submit comments about the data and the the information specified in our DEPARTMENT OF THE TREASURY statistical methods used in the analyses. confidential business information NHTSA will submit to the Docket a regulation (49 CFR Part 512). Internal Revenue Service response to the comments and, if In addition, send two copies from appropriate, additional analyses that which you have deleted the claimed Open Meeting of the Area 3 Committee supplement or revise the report. confidential business information to of the Taxpayer Advocacy Panel Docket Management, Room W12–140, (Including the States of Florida, How do I prepare and submit 1200 New Jersey Avenue, SE., Georgia, Alabama, Mississippi, comments? Washington, DC 20590, or submit them Louisiana, and Arkansas, and the Your comments must be written and electronically. Territory of Puerto Rico) in English. To ensure that your comments are correctly filed in the Will the agency consider late AGENCY: Internal Revenue Service (IRS), Docket, please include the Docket comments? Treasury. number of this document (NHTSA– In our response, we will consider all ACTION: 2007–28629) in your comments. comments that Docket Management Notice. Your primary comments must not be receives before the close of business on more than 15 pages long (49 CFR the comment closing date indicated SUMMARY: An open meeting of the Area 553.21). However, you may attach above under DATES. To the extent 3 Committee of the Taxpayer Advocacy additional documents to your primary possible, we will also consider Panel will be conducted (via comments. There is no limit on the comments that Docket Management teleconference). The Taxpayer length of the attachments. receives after that date. Advocacy Panel is soliciting public Please send two paper copies of your Please note that even after the comments, ideas, and suggestions on comments to Docket Management, comment closing date, we will continue improving customer service at the submit them electronically, or fax them. to file relevant information in the Internal Revenue Service. The mailing address is U.S. Department Docket as it becomes available. Further, DATES: The meeting will be held of Transportation Docket Management, some people may submit late comments. Tuesday, August 21, 2007, from 11:30 Room W12–140, 1200 New Jersey Accordingly, we recommend that you a.m. ET. Avenue, SE., Washington, DC 20590. If periodically check the Docket for new you submit your comments material. FOR FURTHER INFORMATION CONTACT: electronically, log onto the Dockets Sallie Chavez at 1–888–912–1227, or Management System Web site at How can I read the comments 954–423–7979. http://dms.dot.gov and click on ‘‘Help’’ submitted by other people? SUPPLEMENTARY INFORMATION: Notice is to obtain instructions. The fax number You may read the comments by hereby given pursuant to section 10 (a) is 1–202–493–2251. visiting Docket Management in person (2) of the Federal Advisory Committee We also request, but do not require at Room W12–140, 1200 New Jersey Act, 5 U.S.C. App. (1988) that an open you to send a copy to Jennifer N. Dang, Avenue, SE., Washington, DC from 10 meeting of the Area 3 Committee of the Evaluation Division, NPO–131, National a.m. to 5 p.m., Monday through Friday. Taxpayer Advocacy Panel will be held Highway Traffic Safety Administration, You may also see the comments on Tuesday, August 21, 2007, from 11:30 Room W53–455, 1200 New Jersey the Internet by taking the following a.m. ET via a telephone conference call. Avenue, SE., Washington, DC 20590 steps: If you would like to have the TAP (alternatively, FAX to 202–366–3189 or A. Go to the Docket Management consider a written statement, please call e-mail to [email protected]). She can System (DMS) Web page of the 1–888–912–1227 or 954–423–7979, or check if your comments have been Department of Transportation (http:// write Sallie Chavez, TAP Office, 1000 received at the Docket and can expedite dms.dot.gov). South Pine Island Rd., Suite 340, their review by NHTSA. B. On that page, click on ‘‘Simple Search.’’ Plantation, FL 33324. Due to limited How can I be sure that my comments C. On the next page (http:// conference lines, notification of intent were received? dms.dot.gov/search/ to participate in the telephone If you wish Docket Management to searchFormSimple.cfm/) type in the conference call meeting must be made notify you upon its receipt of your five-digit Docket number shown at the with Ms. Chavez at 1–888–912–1227 or comments, enclose a self-addressed, beginning of this Notice (28629). Click 954–423–7979, or post comments to the stamped postcard in the envelope on ‘‘Search.’’ Web site: http://www.improveirs.org. containing your comments. Upon D. On the next page, which contains The agenda will include: Various IRS receiving your comments, Docket Docket summary information for the issues.

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Dated: July 19, 2007. Date and Time: Wednesday, August 1, collection, and allow 60 days for public John Fay, 2007 (9:30 a.m. to 3 p.m.) and Thursday, comment in response to the notice. This Acting Director, Taxpayer Advocacy Panel. August 2, 2007 (9:30 a.m. to 4 p.m.), notice solicits comments on the [FR Doc. E7–14614 Filed 7–27–07; 8:45 am] Eastern Daylight Time. information needed to determine a BILLING CODE 4830–01–P Place of Meeting: The meetings will claimant’s eligibility for increased occur in Conference Room 333 of the disability benefits. Hall of the States located at 444 North DATES: Written comments and U.S.-CHINA ECONOMIC AND Capitol Street, NW., Washington, DC recommendations on the proposed SECURITY REVIEW COMMISSION 20001. Public seating is limited, and collection of information should be will be available on a ‘‘first-come, first- received on or before September 28, Notice of Open Meeting To Prepare served’’ basis. Advance reservations are 2007. Report to Congress; Advisory not required. ADDRESSES: Submit written comments Committee: U.S.-China Economic and Required Accessibility Statement: The on the collection of information through Security Review Commission entirety of these Commission editorial http://www.Regulations.gov or to Nancy and drafting meetings will be open to J. Kessinger, Veterans Benefits ACTION: Notice of open meeting to the public. The Commission may recess Administration (20M35), Department of prepare Report to Congress—August 1– the public editorial/drafting meetings to Veterans Affairs, 810 Vermont Avenue, 2, 2007, Washington, DC. address administrative issues in closed NW., Washington, DC 20420 or e-mail to session. SUMMARY: Notice is hereby given of a [email protected]. Please refer to FOR FURTHER INFORMATION ABOUT THIS meeting of the U.S.-China Economic and ‘‘OMB Control No. 2900–0065’’ in any MEETING, CONTACT: Security Review Commission. Kathy Michels, correspondence. During the comment Name: Carolyn Bartholomew, Associate Director, U.S.-China period, comments may be viewed online Chairwoman of the U.S.-China Economic and Security Review through the Federal Docket Management Economic and Security Review Commission, 444 North Capitol Street, System (FDMS) at http:// Commission. NW., Suite 602, Washington, DC 20001; www.Regulations.gov. The Commission is mandated by phone 202–624–1409; e-mail FOR FURTHER INFORMATION CONTACT: Congress to investigate, assess, evaluate, [email protected]. Nancy J. Kessinger at (202) 273–7079 or and report to Congress annually on the Authority: Congress created the U.S.-China FAX (202) 275–5947. U.S.-China economic and security Economic and Security Review Commission SUPPLEMENTARY INFORMATION: Under the relationship. The mandate specifically in 2000 in the National Defense PRA of 1995 (Pub. L. 104–13; 44 U.S.C. charges the Commission to prepare a Authorization Act (Pub. L. 106–398), as 3501—3521), Federal agencies must report to the Congress ‘‘regarding the amended by Division P of the Consolidated Appropriations Resolution, 2003 (Pub. L. obtain approval from the Office of national security implications and 108–7), as amended by Pub. L. 109–108 Management and Budget (OMB) for each impact of the bilateral trade and (November 22, 2005). collection of information they conduct economic relationship between the or sponsor. This request for comment is Dated: July 25, 2007. United States and the People’s Republic being made pursuant to Section of China * * * [that] shall include a full Kathleen J. Michels, 3506(c)(2)(A) of the PRA. analysis, along with conclusions and Associate Director, U.S.-China Economic and With respect to the following recommendations for legislative and Security Review Commission. collection of information, VBA invites administrative actions * * *.’’ [FR Doc. 07–3691 Filed 7–27–07; 8:45 am] comments on: (1) Whether the proposed Purpose of Meeting: Pursuant to this BILLING CODE 1137–00–M collection of information is necessary mandate, the Commission will meet in for the proper performance of VBA’s Washington, DC on August 1 and 2, functions, including whether the 2007, to consider drafts of material for DEPARTMENT OF VETERANS information will have practical utility; its 2007 End-of-Year Report to Congress AFFAIRS (2) the accuracy of VBA’s estimate of the that have been prepared for its [OMB Control No. 2900–0065] burden of the proposed collection of consideration by the Commission staff, information; (3) ways to enhance the and to make modifications to those Proposed Information Collection quality, utility, and clarity of the drafts that Commission members believe Activity: Proposed Collection; information to be collected; and (4) are needed. Comment Request ways to minimize the burden of the Topics to be Discussed: The collection of information on Commissioners will be considering draft AGENCY: Veterans Benefits respondents, including through the use Report sections addressing the following Administration, Department of Veterans of automated collection techniques or topics: Affairs. the use of other forms of information • The United States-China trade and ACTION: Notice. technology. economic relationship, including the Title: Request for Employment relationship’s current status, significant SUMMARY: The Veterans Benefits Information in Connection with Claim changes during 2007, the control of Administration (VBA), Department of for Disability Benefits, VA Form 21– China’s economy by its government, and Veterans Affairs (VA), is announcing an 4192. the effect of that control on the United opportunity for public comment on the OMB Control Number: 2900–0065. States, proposed collection of certain Type of Review: Extension of a • China’s Military Modernization, information by the agency. Under the currently approved collection. • China’s Energy and Environmental Paperwork Reduction Act (PRA) of Abstract: VA Form 21–4192 is used to Policies and Activities, including the 1995, Federal agencies are required to request employment information from a strategic impact of these policies and publish notice in the Federal Register claimant’s employer. The collected data activities on the United States and the concerning each proposed collection of is used to determine the claimant’s world and prospects for addressing the information, including each proposed eligibility for increased disability effects of China’s energy consumption. extension of a currently approved benefits based on unemployability.

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Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS profit. Nancy J. Kessinger at (202) 461–9769 or AFFAIRS Estimated Annual Burden: 15,000 FAX (202) 275–5947. hours. [OMB Control No. 2900–0212] SUPPLEMENTARY INFORMATION: Under the Estimated Average Burden Per Proposed Information Collection Respondent: 15 minutes. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. 3501—3521), Federal agencies must Activity: Proposed Collection; Frequency of Response: One time. Comment Request Estimated Number of Respondents: obtain approval from the Office of 60,000. Management and Budget (OMB) for each AGENCY: Veterans Benefits collection of information they conduct Dated: July 17, 2007. Administration, Department of Veterans or sponsor. This request for comment is By direction of the Secretary. Affairs. being made pursuant to Section ACTION: Notice. Denise McLamb, 3506(c)(2)(A) of the PRA. Program Analyst, Records Management SUMMARY: The Veterans Benefits Service. With respect to the following collection of information, VBA invites Administration (VBA), Department of [FR Doc. E7–14657 Filed 7–27–07; 8:45 am] Veterans Affairs (VA), is announcing an BILLING CODE 8320–01–P comments on: (1) Whether the proposed collection of information is necessary opportunity for public comment on the for the proper performance of VBA’s proposed collection of certain information by the agency. Under the DEPARTMENT OF VETERANS functions, including whether the Paperwork Reduction Act (PRA) of AFFAIRS information will have practical utility; 1995, Federal agencies are required to (2) the accuracy of VBA’s estimate of the [OMB Control No. 2900–0539] publish notice in the Federal Register burden of the proposed collection of concerning each proposed collection of Proposed Information Collection information; (3) ways to enhance the information, including each proposed Activity: Proposed Collection; quality, utility, and clarity of the extension of a currently approved Comment Request information to be collected; and (4) collection, and allow 60 days for public ways to minimize the burden of the comment in response to this notice. AGENCY: Veterans Benefits collection of information on This notice solicits comments for Administration, Department of Veterans respondents, including through the use information needed to decline Veterans Affairs. of automated collection techniques or Mortgage Life Insurance. ACTION: Notice. the use of other forms of information DATES: Written comments and technology. SUMMARY: The Veterans Benefits recommendations on the proposed Administration (VBA), Department of Title: Application for Supplemental collection of information should be Veterans Affairs (VA), is announcing an Service Disabled Veterans Insurance, received on or before September 28, opportunity for public comment on the (RH) Life Insurance, VA Forms 29–0188, 2007. proposed collection of certain 29–0189 and 29–0190. ADDRESSES: Submit written comments information by the agency. Under the OMB Control Number: 2900–0539. on the collection of information through Paperwork Reduction Act (PRA) of Type of Review: Extension of a http://www.Regulations.gov; or to Nancy 1995, Federal agencies are required to currently approved collection. J. Kessinger, Veterans Benefits publish notice in the Federal Register Administration (20M35), Department of concerning each proposed collection of Abstract: VA Forms 29–0188, 29– Veterans Affairs, 810 Vermont Avenue, information, including each proposed 0189 and 29–0190 are completed by NW., Washington, DC 20420 or e-mail extension of a currently approved veterans applying for Supplemental [email protected]. Please refer to collection, and allow 60 days for public Service Disabled Veterans Insurance. OMB Control No. 2900–0212 in any comment in response to the notice. This VA uses the information collected to correspondence. During the comment notice solicits comments for information establish veterans’ eligibility for period, comments may be viewed online needed to determine a claimant’s insurance coverage. through the Federal Docket Management eligibility for disability insurance. Affected Public: Individuals or System (FDMS) at http:// DATES: Written comments and households. www.Regulations.gov. recommendations on the proposed Estimated Annual Burden: 3,333 FOR FURTHER INFORMATION CONTACT: collection of information should be hours. Nancy J. Kessinger at (202) 273–7079 or received on or before September 28, FAX (202) 275–5947. Estimated Average Burden Per 2007. SUPPLEMENTARY INFORMATION: Under the Respondent: 20 minutes. ADDRESSES: Submit written comments PRA of 1995 (Pub. L. 104–13; 44 U.S.C. on the collection of information through Frequency of Response: On occasion. 3501–3521), Federal agencies must http://www.Regulations.gov; or to Nancy Estimated Number of Respondents: obtain approval from the Office of J. Kessinger, Veterans Benefits 10,000. Management and Budget (OMB) for each Administration (20M35), Department of collection of information they conduct Veterans Affairs, 810 Vermont Avenue, Dated: July 18, 2007. or sponsor. This request for comment is NW., Washington, DC 20420 or e-mail By direction of the Secretary. being made pursuant to Section [email protected]. Please refer to Denise McLamb, 3506(c)(2)(A) of the PRA. ‘‘OMB Control No. 2900–0539’’ in any Program Analyst, Records Management With respect to the following correspondence. During the comment Service. collection of information, VBA invites period, comments may be viewed online [FR Doc. E7–14658 Filed 7–27–07; 8:45 am] comments on: (1) Whether the proposed through the Federal Docket Management BILLING CODE 8320–01–P collection of information is necessary System (FDMS) at http:// for the proper performance of VBA’s www.Regulations.gov. functions, including whether the

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information will have practical utility; publish notice in the Federal Register have access to VA’s benefit records (2) the accuracy of VBA’s estimate of the concerning each proposed collection of complete VA Form 20–0344. These burden of the proposed collection of information, including, including each individuals are required to provide information; (3) ways to enhance the proposed extension of a currently personal identifying information for quality, utility, and clarity of the approved collection and allow 60 days themselves and any veteran relatives, in information to be collected; and (4) for public comment in response to the order for VA to identify and protect ways to minimize the burden of the notice. This notice solicits comments on those benefit records. VA uses the collection of information on information needed to identify and information collected to determine respondents, including through the use properly protect VA benefit records. which benefit records require special of automated collection techniques or DATES: Written comments and handling to guard against fraud, conflict the use of other forms of information recommendations on the proposed of interest, improper influence etc. by technology. collection of information should be VA and non-VA employees. Title: Veterans Mortgage Life received on or before September 28, Affected Public: Individuals or Insurance Statement, VA Form 29–8636. 2007. households. OMB Control Number: 2900–0212. Estimated Annual Burden: 5,834 Type of Review: Extension of a ADDRESSES: Submit written comments hours. currently approved collection. on the collection of information through Estimated Average Burden Per Abstract: VA Form 29–8636 is http://www.Regulations.gov or to Nancy Respondent: 25 minutes. completed by veterans to decline J. Kessinger, Veterans Benefits Frequency of Response: Annually. Veterans Mortgage Life Insurance Administration (20M35), Department of Estimated Number of Respondents: (VMLI) or to provide information upon Veterans Affairs, 810 Vermont Avenue, 14,000. NW., Washington, DC 20420 or e-mail to which the insurance premium can be Dated: July 18, 2007. based. VMLI provides financial [email protected]. Please refer to By direction of the Secretary. protection to cover an eligible veteran’s ‘‘OMB Control No. 2900–0654’’ in any outstanding home mortgage in the event correspondence. During the comment Denise McLamb, of his or her death. The insurance is period, comments may be viewed online Program Analyst, Records Management available only to disabled veterans who, through the Federal Docket Management Service. because of their disability, have System (FDMS) at http:// [FR Doc. E7–14660 Filed 7–27–07; 8:45 am] received a specially adapted housing www.Regulations.gov. BILLING CODE 8320–01–P grant from VA. FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals or Nancy J. Kessinger at (202) 461–9769 or DEPARTMENT OF VETERANS households. FAX (202) 275–5947. AFFAIRS Estimated Annual Burden: 250 hours. SUPPLEMENTARY INFORMATION: Under the Estimated Average Burden per PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Respondent: 15 minutes. [OMB Control No. 2900–New (38CFR 3501–3521), Federal agencies must 21.7080)] Frequency of Response: On occasion. obtain approval from the Office of Estimated Number of Respondents: Management and Budget (OMB) for each Proposed Information Collection 1,000. collection of information they conduct Activity: Proposed Collection; Dated: July 18, 2007. or sponsor. This request for comment is Comment Request By direction of the Secretary. being made pursuant to Section AGENCY: Veterans Benefits Denise McLamb, 3506(c)(2)(A) of the PRA. With respect to the following Administration, Department of Veterans Program Analyst, Records Management Affairs. Service. collection of information, VBA invites ACTION: Notice. [FR Doc. E7–14659 Filed 7–27–07; 8:45 am] comments on: (1) Whether the proposed collection of information is necessary BILLING CODE 8320–01–P for the proper performance of VBA’s SUMMARY: The Veterans Benefits functions, including whether the Administration (VBA), Department of information will have practical utility; Veterans Affairs (VA), is announcing an DEPARTMENT OF VETERANS opportunity for public comment on the AFFAIRS (2) the accuracy of VBA’s estimate of the burden of the proposed collection of proposed collection of certain [OMB Control No. 2900–0654] information; (3) ways to enhance the information by the agency. Under the Paperwork Reduction Act (PRA) of Proposed Information Collection quality, utility, and clarity of the information to be collected; and (4) 1995, Federal agencies are required to Activity: Proposed Collection; publish notice in the Federal Register Comment Request ways to minimize the burden of the collection of information on concerning each proposed collection of information, including, including each AGENCY: Veterans Benefits respondents, including through the use proposed new collection and allow 60 Administration, Department of Veterans of automated collection techniques or days for public comment in response to Affairs. the use of other forms of information the notice. This notice solicits ACTION: Notice. technology. Title: Annual Certification of Veteran comments on information needed to SUMMARY: The Veterans Benefits Status and Veteran-Relatives, VA Form transfer a servicemember’s educational Administration (VBA), Department of 20–0344. assistance benefits to his or her Veterans Affairs (VA), is announcing an OMB Control Number: 2900–0654. dependents. opportunity for public comment on the Type of Review: Extension of a DATES: Written comments and proposed collection of certain currently approved collection. recommendations on the proposed information by the agency. Under the Abstract: VBA employees, non-VBA collection of information should be Paperwork Reduction Act (PRA) of employees in VBA space and Veteran received on or before September 28, 1995, Federal agencies are required to Service Organization employees who 2007.

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ADDRESSES: Submit written comments Form 2366–1 to determine whether the through the Federal Docket Management on the collection of information through dependent qualifies to receive education System (FDMS) at http:// http://www.Regulations.gov or to Nancy benefits under the transfer of www.Regulations.gov. J. Kessinger, Veterans Benefits entitlement provision of law. Administration (20M35), Department of Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: Veterans Affairs, 810 Vermont Avenue, households. Nancy J. Kessinger at (202) 273–7079 or NW., Washington, DC 20420 or e-mail to Estimated Annual Burden: 2. FAX (202) 275–5947. Estimated Average Burden Per [email protected]. Please refer to SUPPLEMENTARY INFORMATION: Under the ‘‘OMB Control No. 2900–New (38CFR Respondent: 5 minutes. Frequency of Response: Once. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. 21.7080)’’ in any correspondence. 3501–3521), Federal agencies must During the comment period, comments Estimated Number of Respondents: 24. obtain approval from the Office of may be viewed online through the Management and Budget (OMB) for each Federal Docket Management System Dated: July 18, 2007. collection of information they conduct (FDMS) at http://www.Regulations.gov. By direction of the Secretary. or sponsor. This request for comment is FOR FURTHER INFORMATION CONTACT: Denise McLamb, being made pursuant to Section Nancy J. Kessinger at (202) 461–9769 or Program Analyst, Records Management 3506(c)(2)(A) of the PRA. FAX (202) 275–5947. Service. With respect to the following SUPPLEMENTARY INFORMATION: Under the [FR Doc. E7–14661 Filed 7–27–07; 8:45 am] collection of information, VBA invites PRA of 1995 (Pub. L. 104–13; 44 U.S.C. BILLING CODE 8320–01–P comments on: (1) Whether the proposed 3501–3521), Federal agencies must collection of information is necessary obtain approval from the Office of for the proper performance of VBA’s Management and Budget (OMB) for each DEPARTMENT OF VETERANS collection of information they conduct AFFAIRS functions, including whether the information will have practical utility; or sponsor. This request for comment is [OMB Control No. 2900–0066] being made pursuant to Section (2) the accuracy of VBA’s estimate of the 3506(c)(2)(A) of the PRA. Proposed Information Collection burden of the proposed collection of With respect to the following Activity: Proposed Collection; information; (3) ways to enhance the collection of information, VBA invites Comment Request quality, utility, and clarity of the comments on: (1) Whether the proposed information to be collected; and (4) collection of information is necessary AGENCY: Veterans Benefits ways to minimize the burden of the for the proper performance of VBA’s Administration, Department of Veterans collection of information on functions, including whether the Affairs. respondents, including through the use information will have practical utility; ACTION: Notice. of automated collection techniques or (2) the accuracy of VBA’s estimate of the the use of other forms of information SUMMARY: The Veterans Benefits technology. burden of the proposed collection of Administration (VBA), Department of information; (3) ways to enhance the Veterans Affairs (VA), is announcing an Title: Request to Employer for quality, utility, and clarity of the opportunity for public comment on the Employment Information in Connection information to be collected; and (4) proposed collection of certain with Claim for Disability Benefits, VA ways to minimize the burden of the information by the agency. Under the Form Letter 29–459. collection of information on Paperwork Reduction Act (PRA) of OMB Control Number: 2900–0066. respondents, including through the use 1995, Federal agencies are required to of automated collection techniques or Type of Review: Extension of a publish notice in the Federal Register currently approved collection. the use of other forms of information concerning each proposed collection of technology. information, including each proposed Abstract: VA Form Letter 29–459 is Title: Evidence for Transfer of extension of a currently approved used to request employment Entitlement of Education Benefits (CFR collection, and allow 60 days for public information from an employer in 21.7080). comment in response to this notice. connection with a claim for disability OMB Control Number: 2900–New This notice solicits comments for benefits. VA uses the information to (38CFR 21.7080). information needed to determine a establish the insured’s eligibility for Type of Review: New collection. claimant’s eligibility for disability disability insurance benefits. Abstract: Servicemembers on active insurance benefits. duty may request to designate up to a Affected Public: Individuals or maximum of 18 months of their DATES: Written comments and households. educational assistance entitlement to recommendations on the proposed Estimated Annual Burden: 862 hours. their spouse, one or more of their collection of information should be received on or before September 28, Estimated Average Burden Per children, or a combination of the spouse Respondent: 10 minutes. and children. VA will accept DOD Form 2007. Frequency of Response: On occasion. 2366–1 as evidence that the ADDRESSES: Submit written comments servicemember was approved by the on the collection of information through Estimated Number of Respondents: military to transfer entitlement. The http://www.Regulations.gov; or to Nancy 5,167. servicemember must submit in writing J. Kessinger, Veterans Benefits Dated: July 17, 2007. to VA, the name of each dependent, the Administration (20M35), Department of By direction of the Secretary. number of months of entitlement Veterans Affairs, 810 Vermont Avenue, transferred to each dependent, and the NW., Washington, DC 20420 or e-mail Denise McLamb, period (beginning date or ending date) [email protected]. Please refer to Program Analyst, Records Management for which the transfer will be effective ‘‘OMB Control No. 2900–0066’’ in any Service. for each designated dependent. VA will correspondence. During the comment [FR Doc. E7–14662 Filed 7–27–07; 8:45 am] use the information shown on DOD period, comments may be viewed online BILLING CODE 8320–01–P

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DEPARTMENT OF VETERANS burden of the proposed collection of DATES: Written comments and AFFAIRS information; (3) ways to enhance the recommendations on the proposed quality, utility, and clarity of the collection of information should be [OMB Control No. 2900–0046] information to be collected; and (4) received on or before September 28, Proposed Information Collection ways to minimize the burden of the 2007. Activity: Proposed Collection; collection of information on ADDRESSES: Submit written comments Comment Request respondents, including through the use on the collection of information through of automated collection techniques or http://www.Regulations.gov or to Nancy AGENCY: Veterans Benefits the use of other forms of information J. Kessinger, Veterans Benefits Administration, Department of Veterans technology. Administration (20M35), Department of Affairs. Title: Statement of Heirs for Payment Veterans Affairs, 810 Vermont Avenue, ACTION: Notice. of Credits Due Estate of Deceased NW., Washington, DC 20420 or e-mail to Veteran, VA Form Letter 29–596. [email protected]. Please refer to SUMMARY: The Veterans Benefits OMB Control Number: 2900–0046. Administration (VBA), Department of Type of Review: Extension of a ‘‘OMB Control No. 2900–0043’’ in any Veterans Affairs (VA), is announcing an currently approved collection. correspondence. During the comment opportunity for public comment on the Abstract: VA Form 29–596 is use by period, comments may be viewed online proposed collection of certain administrator, executor, or next of kin to through the Federal Docket Management information by the agency. Under the support a claim for money in the form System (FDMS) at www.Regulations.gov. Paperwork Reduction Act (PRA) of of unearned or unapplied insurance FOR FURTHER INFORMATION CONTACT: 1995, Federal agencies are required to premiums due to a deceased veteran’s Nancy J. Kessinger at (202) 273–7079 or publish notice in the Federal Register estate. FAX (202) 275–5947. concerning each proposed collection of Affected Public: Individuals or SUPPLEMENTARY INFORMATION: Under the information, including each proposed households. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. extension of a currently approved Estimated Annual Burden: 78 hours. 3501—3521), Federal agencies must collection, and allow 60 days for public Estimated Average Burden Per obtain approval from the Office of comment in response to the notice. This Respondent: 15 minutes. Management and Budget (OMB) for each notice solicits comments for information Frequency of Response: On occasion. collection of information they conduct needed to determine a claimant’s Estimated Number of Respondents: or sponsor. This request for comment is eligibility for refundable credit. 312. being made pursuant to Section DATES: Written comments and Dated: July 16, 2007. 3506(c)(2)(A) of the PRA. recommendations on the proposed By direction of the Secretary. With respect to the following collection of information should be Denise McLamb, collection of information, VBA invites received on or before September 28, Program Analyst, Records Management comments on: (1) Whether the proposed 2007. Service. collection of information is necessary for the proper performance of VBA’s ADDRESSES: Submit written comments [FR Doc. E7–14666 Filed 7–27–07; 8:45 am] functions, including whether the on the collection of information through BILLING CODE 8320–01–P http://www.Regulations.gov; or to Nancy information will have practical utility; J. Kessinger, Veterans Benefits (2) the accuracy of VBA’s estimate of the Administration (20M35), Department of DEPARTMENT OF VETERANS burden of the proposed collection of Veterans Affairs, 810 Vermont Avenue, AFFAIRS information; (3) ways to enhance the quality, utility, and clarity of the NW., Washington, DC 20420 or e-mail [OMB Control No. 2900–0043] [email protected]. Please refer to information to be collected; and (4) ‘‘OMB Control No. 2900–0046’’ in any Proposed Information Collection ways to minimize the burden of the correspondence. During the comment Activity: Proposed Collection; collection of information on period, comments may be viewed online Comment Request respondents, including through the use of automated collection techniques or through the Federal Docket Management AGENCY: Veterans Benefits System (FDMS) at www.Regulations.gov. the use of other forms of information Administration, Department of Veterans technology. FOR FURTHER INFORMATION CONTACT: Affairs. Title: Declaration of Status of Nancy J. Kessinger at (202) 273–7079 or ACTION: Notice. Dependents, VA Form 21–686c. FAX (202) 275–5947. OMB Control Number: 2900–0043. SUPPLEMENTARY INFORMATION: Under the SUMMARY: The Veterans Benefits Type of Review: Extension of a PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Administration (VBA), Department of currently approved collection. 3501–3521), Federal agencies must Veterans Affairs (VA), is announcing an Abstract: The form is used to obtain obtain approval from the Office of opportunity for public comment on the information to confirm marital status Management and Budget (OMB) for each proposed collection of certain and existence of any dependent collection of information they conduct information by the agency. Under the child(ren). The information is used by or sponsor. This request for comment is Paperwork Reduction Act (PRA) of VA to determine eligibility and rate of being made pursuant to Section 1995, Federal agencies are required to payment for veterans and surviving 3506(c)(2)(A) of the PRA. publish notice in the Federal Register spouses who are entitled to an With respect to the following concerning each proposed collection of additional allowance for dependents. collection of information, VBA invites information, including each proposed Affected Public: Individuals or comments on: (1) Whether the proposed extension of a currently approved households. collection of information is necessary collection and allow 60 days for public Estimated Annual Burden: 56,500 for the proper performance of VBA’s comment in response to the notice. This hours. functions, including whether the notice solicits comments on information Estimated Average Burden Per information will have practical utility; needed to confirm marital status and Respondent: 15 minutes. (2) the accuracy of VBA’s estimate of the dependent children. Frequency of Response: On occasion.

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Estimated Number of Respondents: By direction of the Secretary. 226,000. Denise McLamb, Dated: July 16, 2007. Program Analyst, Records Management Service. [FR Doc. E7–14667 Filed 7–27–07; 8:45 am] BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 72, No. 145 Monday, July 30, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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 2 CFR 301 ...... 35909, 40061, 41216 Executive orders and proclamations 741–6000 305...... 35909, 39482 2700...... 39727 The United States Government Manual 741–6000 319...... 39482 3 CFR 352...... 39482 Other Services 353...... 35915 Electronic and on-line services (voice) 741–6020 Proclamations: 800...... 39730 Privacy Act Compilation 741–6064 8158...... 36587 810...... 39730 Public Laws Update Service (numbers, dates, etc.) 741–6043 8159...... 37095 905...... 41423 TTY for the deaf-and-hard-of-hearing 741–6086 8160...... 38461 922...... 37991 8161...... 38995 924...... 38463 8162...... 38997 ELECTRONIC RESEARCH 925...... 37423 8163...... 41421 928...... 38465 World Wide Web Executive Orders: 959...... 37993 Full text of the daily Federal Register, CFR and other publications 13338...... 36587 1170...... 36341 is located at: http://www.gpoaccess.gov/nara/index.html 13348 (See Notice of 1206...... 41425 1209...... 41427 Federal Register information and research tools, including Public July 19, 2007) ...... 40059 1210...... 41427 Inspection List, indexes, and links to GPO Access are located at: 13381 (Amended by 1214...... 38467 http://www.archives.gov/federallregister 13436) ...... 36337 13436...... 36337 1220...... 37995 E-mail 13437...... 36339 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13303 (See 13438)...... 39719 301...... 39018, 41239 an open e-mail service that provides subscribers with a digital 13315 (See 13438)...... 39719 305...... 36629 form of the Federal Register Table of Contents. The digital form 13350 (See 13438)...... 39719 340...... 39021, 39901 of the Federal Register Table of Contents includes HTML and 13364 (See 13438)...... 39719 354...... 39025 PDF links to the full text of each document. 13438...... 39719 550...... 41027 Ch. VIII...... 39762 To join or leave, go to http://listserv.access.gpo.gov and select 13439...... 40053 13440...... 40707 810...... 39764 Online mailing list archives, FEDREGTOC-L, Join or leave the list 915...... 38037 (or change settings); then follow the instructions. Administrative Orders: Memorandums: 922...... 38496 PENS (Public Law Electronic Notification Service) is an e-mail 981...... 36900 service that notifies subscribers of recently enacted laws. Memorandum of June 26, 2007 ...... 36335 984...... 38498 1205...... 41460 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of June 1755...... 39028 and select Join or leave the list (or change settings); then follow 28, 2007 ...... 35907 1767...... 38511 the instructions. Memorandum of July FEDREGTOC-L and PENS are mailing lists only. We cannot 3, 2007 ...... 37627 9 CFR respond to specific inquiries. Notices: 71...... 39301 Reference questions. Send questions and comments about the Notice of July 19, 77...... 39301 Federal Register system to: [email protected] 2007 ...... 40059 78...... 39301, 40062 The Federal Register staff cannot interpret specific documents or Presidential 79...... 39301 regulations. Determinations: 80...... 39301 No. 2007-23 of June 91...... 40064 FEDERAL REGISTER PAGES AND DATE, JULY 28, 2007 ...... 37419 309...... 38700 No. 2007-24 of June 310...... 38700 35907–36336...... 2 28, 2007 ...... 37421 318...... 38700 36337–36588...... 3 No. 2007-25 of July 5, 331...... 38467 36589–36858...... 5 2007 ...... 38747 381...... 38467 36859–37096...... 6 No. 2007-26 of July Proposed Rules: 37097–37418...... 9 10, 2007 ...... 39723 130...... 40082 37419–37628...... 10 No. 2007-27 of July 37629–37990...... 11 12, 2007 ...... 39725 10 CFR 37991–38462...... 12 72...... 38468 5 CFR 38463–38746...... 13 171...... 41009 38747–38996...... 16 211...... 41215 Proposed Rules: 38997–39300...... 17 1201...... 40215 50 ...... 37470, 38030, 39354 39301–39554...... 18 1820...... 40711 71...... 37471 39555–39726...... 19 Proposed Rules: 431...... 41162 39727–40060...... 20 733...... 39582 40061–40214...... 23 11 CFR 40215–40710...... 24 6 CFR Proposed Rules: 40711–41008...... 25 5...... 38749, 38750 113...... 39583 41009–41214...... 26 41215–41422...... 27 7 CFR 12 CFR 41423–41589...... 30 2...... 36859 26...... 38753

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205...... 36589 744...... 38008 Proposed Rules: 946...... 36632 212...... 38753 764...... 38999 2...... 37137 348...... 38753 766...... 38999 878...... 36398 31 CFR 563f...... 38753 774...... 39009 22 CFR Ch. V...... 40374 Proposed Rules: Proposed Rules: 1...... 36550 922...... 40775 121...... 39010 32 CFR 2...... 36550 Proposed Rules: 197...... 36875 3...... 36550 16 CFR 201...... 37139 650...... 39740 4...... 36550 Proposed Rules: 215...... 39768 841...... 35931 5...... 36550 24...... 39355 24 CFR 989...... 37105 7...... 36550 Ch. II ...... 40265 1900...... 39315 203...... 40048 9...... 36550 Proposed Rules: 206...... 40048 10...... 36550 17 CFR 903...... 38039 1000...... 41212 11...... 36550 3...... 35918 12...... 36550 232...... 39290 Proposed Rules: 33 CFR 16...... 36550 239...... 39290 100...... 39534 3...... 36316 19...... 36550 240...... 36348 203...... 37500 20...... 36316 905...... 39546 21...... 36550 242...... 36348 100 ...... 36316, 36598, 37454, 990...... 39546 22...... 36550 270...... 39290 38783, 41023 23...... 36550 274...... 39290 26 CFR 104...... 36316 24...... 36550 Proposed Rules: 105...... 38486 26...... 36550 1 ...... 36869, 38474, 38475, 40...... 39764 110...... 36316 27...... 36550 38477, 38767, 39138, 39313, 41...... 39764 117...... 40239 28...... 36550 39734, 40066, 41128, 41441, 210...... 37962, 39670 135...... 36316 31...... 36550 41442 228...... 39670 151...... 36316 32...... 36550 31...... 38478, 41128 229...... 39670 160...... 36316 34...... 36550 48...... 41222 230 ...... 36822, 37376, 37962, 162...... 36316 37...... 36550 53...... 36871 39670 165 ...... 36316, 36881, 38010, 40...... 36550 54...... 36871, 41128 232...... 37376 38012, 38015, 38488, 38785, 701...... 37122 301 ...... 36869, 39737, 41022 239 ...... 36822, 37376, 37962, 602 ...... 38767, 41128, 41222 39316, 40075, 40240, 40243 39670 13 CFR Proposed Rules: Proposed Rules: 134...... 39727 240...... 37608, 39670 1 ...... 36927, 37155, 38033, 100 ...... 38804, 38806, 38808 145...... 39727 249...... 37962, 39670 38802, 39770, 41107, 41243, 334...... 39355, 41470 260...... 39670 41468 Proposed Rules: 269...... 39670 36 CFR 121...... 41239 31...... 38534 Proposed Rules: 18 CFR 53...... 36927 14 CFR 54...... 36927, 39139 1193...... 36401 23...... 39555 35...... 39904 301 ...... 36927, 38534, 39771, 1194...... 36401 38...... 38757 25 ...... 37425, 40215, 41216, 41045 37 CFR 41428 40...... 40717 28 CFR 39 ...... 36860, 36861, 36863, 157...... 37431 202...... 36883, 40745 36866, 37997, 37999, 38000, 284...... 38757 552...... 37630 Proposed Rules: 38002, 38004, 38006, 39307, Proposed Rules: Proposed Rules: 41...... 41472 30310, 40216, 40222, 40224, 35...... 36276 75...... 38033 38 CFR 40226, 40230, 40233, 41433, 260...... 40776 41436, 41438 284...... 40776 29 CFR 21...... 39562 71 ...... 36345, 36346, 36593, 2...... 37097 Proposed Rules: 19 CFR 36868, 37430, 37431, 37629, 11...... 37097 17...... 38042, 40096 38999, 39734, 40716 12...... 38470 14...... 37097 70...... 40096 73...... 35917 123...... 39312 16...... 37097 97 ...... 38469, 38755, 41009, 173...... 40737 20...... 37097 39 CFR 41218 22...... 37097 20...... 37454 20 CFR 1260...... 40066 70...... 37097 230...... 39011 1274...... 40066 402...... 36359 71...... 37097 233...... 39011 Proposed Rules: Proposed Rules: 75...... 37097 273...... 39011 25...... 38732 404...... 37496 90...... 37097 39 ...... 36370, 36373, 36378, 405...... 37496 95...... 37097 40 CFR 36380, 36385, 36391, 36901, 416...... 37496 96...... 37097 51...... 38787 36905, 36907, 36912, 36914, 97...... 37097 52 ...... 36599, 36601, 36889, 36916, 36920, 36925, 37122, 21 CFR 98...... 37097 36892, 38787, 38920, 39564, 37124, 37126, 37130, 37132, 14...... 41221 99...... 37097 39566, 39568, 39571, 39574, 37472, 37475, 37477, 37479, 20...... 41010 100...... 40069 39577, 39741, 40746, 40749, 37484, 38527, 38529, 38532, 179...... 39557 102...... 38778 41450, 41453 38797, 38800, 39039, 39584, 510...... 36595, 41010 404...... 36106, 38484 62...... 36605, 37632 40090, 40094, 40265, 41042, 514...... 41010 1625...... 36873 63...... 36363, 38864 41462, 41465, 41466 516...... 41010 1910...... 40073 70...... 41025 71 ...... 36397, 37487, 37488, 520...... 37436 4022...... 38484 81 ...... 36601, 36889, 36892, 37489, 37490 524...... 36595 4044...... 38484 36895, 39571, 39574, 39577, 250...... 37491 558...... 37437 Proposed Rules: 40746, 40749 573...... 39560 1910 ...... 37155, 37501, 39041 97...... 41453 15 CFR 880...... 36360 122...... 37107, 40245 30 CFR 4...... 36594 1300...... 37439 125...... 37107 285...... 36347 1309...... 35920 946...... 36595 131...... 37109 336...... 40235 1310 ...... 35920, 40238, 40738 Proposed Rules: 174...... 40752 730...... 38999 1315...... 37439 924...... 40266 180 ...... 37633, 37641, 37646,

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39318, 40754, 40759, 40763, 44 CFR 4...... 36852 41224 64...... 40766 17...... 36852 260...... 39331 65 ...... 35932, 35934, 35937, 19...... 36852 278...... 39331 38488 52...... 36852 300...... 36607 67 ...... 35938, 37115, 38492 970...... 39761 412...... 40245 6101...... 36794 Proposed Rules: 6102...... 36794 Proposed Rules: 67 ...... 35947, 35949, 35956, 6103...... 36794 49...... 37156 37162, 37164, 38539, 38543, 6104...... 36794 50...... 37682, 37818 40788, 40806 51 ...... 37156, 38538, 38952 6105...... 36794 52 ...... 36402, 36404, 36406, 45 CFR 9903...... 36367 37683, 38045, 38051, 39586, 146...... 41230 Proposed Rules: 39772, 39773, 40105, 40776, 148...... 41232 212...... 35960 41245, 41246, 41490 225...... 35960 59...... 37582, 38952 46 CFR 2409...... 39286 60...... 37157 1...... 36316 3036...... 38548 62...... 36413 2...... 36316 49 CFR 63...... 36415 4...... 36316 78...... 38538 5...... 36316 192...... 39012 81 ...... 37683, 40776, 41246 16...... 36316 195...... 39012 97 ...... 36406, 38538, 41490 28...... 36316 350...... 36760 131...... 37161 45...... 36316 375...... 36760 261...... 39587 50...... 36316 383...... 36760 300...... 36634 67...... 36316 384...... 36760 115...... 36316 385...... 36760 42 CFR 122...... 36316 386...... 36760 83...... 37455 153...... 36316 390...... 36760, 40250 100...... 36610 169...... 36316 395...... 36760 402...... 39746 170...... 36316 571...... 38017, 40252 412...... 36612, 36613 176...... 36316 1540...... 40262 413...... 36612, 36613 185...... 36316 Proposed Rules: 435...... 38662 Proposed Rules: Ch. I ...... 38810 436...... 38662 515...... 40813 71...... 39593 440...... 38662 172...... 35961 441...... 38662 47 CFR 50 CFR 447...... 39142 0...... 39756 457...... 38662 12...... 37655 16...... 37459 483...... 38662 22...... 38793 17...... 37346, 39248 Proposed Rules: 73 ...... 36616, 37673, 37674, 229...... 37674 409...... 38122 40767 648 ...... 37676, 38025, 39580, 410...... 38122 90...... 39756, 40767 40077, 40263 411...... 38122 Proposed Rules: 660...... 36617 413...... 38122 Ch. I ...... 38055 679 ...... 36896, 37677, 37678, 414...... 38122 0...... 40814 38794, 38795, 38796, 39580, 415...... 38122 1...... 40814 39581, 40080, 40081, 40264, 418...... 38122 2...... 39357 40772, 40773 423...... 38122 15...... 39588 Proposed Rules: 424...... 38122 25...... 39357 17 ...... 36635, 36939, 36942, 455...... 39776 36...... 40818 37695, 40956, 41258 482...... 38122 54...... 40818 20...... 40194 484...... 38122 61...... 40814 216...... 37404 485...... 38122 69...... 40814 224...... 37697 491...... 38122 73 ...... 36635, 37310, 40818 600...... 39779, 41392 76...... 39370, 40818 622...... 41046 43 CFR 635...... 41392 Proposed Rules: 48 CFR 648...... 41047 429...... 39530 Ch. 1...... 36852, 36858

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REMINDERS Section 1248 attribution 07; published 6-20-07 withdrawn; comments The items in this list were principles; published 7-30- [FR E7-11964] due by 8-8-07; editorially compiled as an aid 07 West Coast States and published 7-9-07 [FR to Federal Register users. Subchapter T cooperatives; Western Pacific E7-13206] Inclusion or exclusion from return requirements; fisheries— Washington; Federal this list has no legal published 7-30-07 Pacific Coast groundfish; marine aquatic life significance. comments due by 8-6- water quality criteria for COMMENTS DUE NEXT 07; published 7-5-07 toxic pollutants; WEEK [FR 07-03262] withdrawn; comments RULES GOING INTO due by 8-8-07; ENVIRONMENTAL EFFECT JULY 30, 2007 published 7-9-07 [FR PROTECTION AGENCY AGRICULTURE E7-13207] DEPARTMENT Air pollution; standards of AGRICULTURE FEDERAL DEPARTMENT Agricultural Marketing performance for new stationary sources: COMMUNICATIONS Agricultural Marketing Service COMMISSION Almonds grown in California; Synthetic organic chemicals Service Common carrier services: comments due by 8-7-07; manufacturing industry Mushroom promotion, Customer propriety network research, and consumer published 6-8-07 [FR 07- and petroleum refineries; 02837] VOC equipment leaks; information; comments information order and due by 8-7-07; published Cotton research and comments due by 8-8-07; watermelon research and 6-8-07 [FR E7-10732] promotion plan: promotion program: published 7-9-07 [FR E7- Price cap local exchange Procedures for conduct of 13203] Corrections; published 7-30- carriers; interstate special sign-up period; comments Air programs: 07 access services; due by 8-9-07; published Volatile organic compound ENERGY DEPARTMENT regulatory framework; 7-30-07 [FR E7-14608] emissions control— Federal Energy Regulatory comments due by 8-8-07; Commission AGRICULTURE Paper, film, foil, metal published 7-25-07 [FR E7- Public Utility Regulatory DEPARTMENT furniture, and large 14272] Policies Act: Animal and Plant Health appliance coatings; control techniques Television broadcasting— Small power production and Inspection Service guidelines; comments Digital television— cogeneration facilities; Plant-related quarantine, due by 8-9-07; Conversion; transition published 6-29-07 domestic: published 7-10-07 [FR issues; comments due Citrus canker; comments ENVIRONMENTAL E7-13104] by 8-8-07; published 7- PROTECTION AGENCY due by 8-7-07; published 9-07 [FR E7-12905] 7-27-07 [FR E7-14530] Air quality implementation Air programs: plans: HEALTH AND HUMAN AGRICULTURE Stratospheric ozone Preparation, adoption, and SERVICES DEPARTMENT protection— DEPARTMENT submittal— Food and Drug N-propyl bromide in Federal Crop Insurance Electric generating units Administration solvent cleaning; listing Corporation emission increases; Administrative rulings and of substitutes for ozone- Crop insurance regulations: prevention of significant decisions: depleting substances; Coverage enhancement deterioration and Ozone-depleting substances published 5-30-07 option insurance nonattainment new use; essential-use Air quality implementation provisions; comments due source review; designations— plans; approval and by 8-6-07; published 6-6- comments due by 8-8- promulgation; various 07 [FR E7-10825] Oral pressurized metered- 07; published 7-9-07 dose inhalers containing States: Cultivated wild rice crop [FR E7-13297] California; published 5-30-07 flunisolide, insurance provisons; Increment modeling California; partially comments due by 8-6-07; triamcinolone, procedures refinement; metaproterenol, withdrawn; published 7- published 6-6-07 [FR E7- prevention of significant 30-07 10824] pirbuterol, albuterol, deterioration new etc.; removed; Iowa; published 5-31-07 COMMERCE DEPARTMENT source review; comments due by 8-10- Missouri; published 5-31-07 Industry and Security comments due by 8-6- 07; published 6-11-07 FEDERAL Bureau 07; published 6-6-07 [FR 07-02883] COMMUNICATIONS Export administration [FR E7-10459] Oral pressurized metered- COMMISSION regulations: Pesticides; tolerances in food, dose inhalers containing Radio stations; table of Entity list— animal feeds, and raw flunisolide, assignments: Entities acting contrary to agricultural commodities: triamcinolone, California; published 7-11-07 national security and Captan, etc.; comments due metaproterenol, Texas; published 7-11-07 foreign policy interests by 8-6-07; published 6-6- pirbuterol, albuterol, HEALTH AND HUMAN of U.S.; export and 07 [FR E7-10863] etc.; removed; meeting; SERVICES DEPARTMENT reexport license Superfund program: comments due by 8-10- Centers for Medicare & requirements; comments National oil and hazardous 07; published 7-9-07 Medicaid Services due by 8-6-07; substances contingency [FR E7-13300] Medicaid: published 6-5-07 [FR plan priorities list; HOMELAND SECURITY E7-10788] Federal-State financial comments due by 8-6-07; DEPARTMENT partnership integrity and COMMERCE DEPARTMENT published 7-5-07 [FR E7- cost limit provisions for National Oceanic and 13056] Articles conditionally free, governmentally-operated Atmospheric Administration Water programs: subject to reduced rates, health care providers; Fishery conservation and Water quality standards— etc.: published 5-29-07 management: Washington; Federal U.S.-Singapore Free Trade TREASURY DEPARTMENT Atlantic coastal fisheries— marine aquatic life Agreement; preferential Internal Revenue Service American lobster; water quality criteria for tariff treatment and other Income taxes: comments due by 8-6- toxic pollutants; customs-related

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provisions; comments due JUSTICE DEPARTMENT TRANSPORTATION by 8-10-07; published 6- Prisons Bureau DEPARTMENT 11-07 [FR E7-11078] LIST OF PUBLIC LAWS Inmate control, custody, care, Federal Aviation HOUSING AND URBAN etc.: Administration DEVELOPMENT Airworthiness directives: This is a continuing list of Searches of housing units, public bills from the current DEPARTMENT Airbus; comments due by 8- inmates, and inmate work session of Congress which Mortgage and loan insurance 6-07; published 6-6-07 areas; electronic devices have become Federal laws. It programs: [FR E7-10754] use; comments due by 8- may be used in conjunction Single family mortgage 10-07; published 7-11-07 Boeing; comments due by with ‘‘PLUS’’ (Public Laws insurance— [FR E7-13403] 8-6-07; published 6-20-07 Update Service) on 202–741– Mortgaged property; NATIONAL CREDIT UNION [FR E7-11926] 6043. This list is also mortgagor’s investment ADMINISTRATION British Aerospace Regional available online at http:// standards; comments Aircraft; comments due by Credit unions: www.archives.gov/federal- due by 8-10-07; 8-6-07; published 7-6-07 register/laws.html. published 7-10-07 [FR Organization and [FR E7-13091] 07-03357] operations— Pacific Aerospace Corp., The text of laws is not Public and Indian housing: Chartering and field of Ltd.; comments due by 8- published in the Federal Indian Housing Block Grant membership manual; 8-07; published 7-9-07 Register but may be ordered Program; project or community chartering [FR E7-13247] in ‘‘slip law’’ (individual tenant-based rental policies update; Pacific Aerospace Ltd.; pamphlet) form from the assistance; comments due comments due by 8-6- comments due by 8-6-07; Superintendent of Documents, by 8-7-07; published 6-8- 07; published 6-5-07 published 7-6-07 [FR E7- U.S. Government Printing 07 [FR E7-11054] [FR E7-10398] 13092] Office, Washington, DC 20402 INTERIOR DEPARTMENT Federal credit union (phone, 202–512–1808). The Viking Air Ltd.; comments text will also be made Fish and Wildlife Service bylaws; comments due due by 8-6-07; published available on the Internet from Endangered and threatened by 8-6-07; published 6- 7-6-07 [FR E7-13125] 5-07 [FR E7-10389] GPO Access at http:// species: Airworthiness standards: www.gpoaccess.gov/plaws/ Critical habitat NUCLEAR REGULATORY Propellers; comments due index.html. Some laws may designations— COMMISSION by 8-6-07; published 6-20- not yet be available. Mussels; Northeast Gulf Rulemaking petitions: 07 [FR 07-03050] of Mexico drainages; Leyse, Mark Edward; Class E airspace; comments H.R. 556/P.L. 110–49 public hearings; comments due by 8-6-07; due by 8-9-07; published 7- Foreign Investment and comments due by 8-6- published 5-23-07 [FR E7- 10-07 [FR 07-03341] National Security Act of 2007 07; published 6-21-07 09910] Restricted areas; comments (July 26, 2007; 121 Stat. 246) [FR E7-11897] SOCIAL SECURITY due by 8-6-07; published 6- Last List July 20, 2007 Findings on petitions, etc.— ADMINISTRATION 6-07 [FR 07-02734] Wolverine; comments due Social security benefits and TRANSPORTATION by 8-6-07; published 6- supplemental security DEPARTMENT 5-07 [FR E7-10570] Public Laws Electronic income: Federal Highway Notification Service Yellow-billed loon; Administration comments due by 8-6- Federal old age, survivors, (PENS) 07; published 6-6-07 and disability insurance Engineering and traffic [FR E7-10823] and aged, blind, and operations: disabled— Gray wolf; northern Rocky Indian Reservation Road PENS is a free electronic mail Mountains population; Quick disability Bridge Program; notification service of newly comments due by 8-6-07; determination process; comments due by 8-6-07; enacted public laws. To published 7-6-07 [FR 07- comments due by 8-9- published 6-5-07 [FR E7- subscribe, go to http:// 03273] 07; published 7-10-07 09869] listserv.gsa.gov/archives/ [FR E7-13288] publaws-l.html JUSTICE DEPARTMENT TREASURY DEPARTMENT STATE DEPARTMENT Death sentences in Federal Internal Revenue Service Note: This service is strictly cases; implementation: Exchange Visitor Program: Income taxes: for E-mail notification of new State capital counsel College and university Active trade or business laws. The text of laws is not systems; certification students; student interns requirement section 355 available through this service. process; comments due subcategory; comments guidance; comments due PENS cannot respond to by 8-6-07; published 6-6- due by 8-6-07; published by 8-6-07; published 5-8- specific inquiries sent to this 07 [FR E7-10892] 6-5-07 [FR E7-10606] 07 [FR 07-02269] address.

VerDate Aug 31 2005 22:15 Jul 27, 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\30JYCU.LOC 30JYCU rwilkins on PROD1PC63 with NOTICES vi Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Reader Aids

CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–062–00038–3) ...... 50.00 Jan. 1, 2007 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–062–00039–1) ...... 55.00 Jan. 1, 2007 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–062–00040–5) ...... 63.00 Jan. 1, 2007 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–062–00041–3) ...... 61.00 Jan. 1, 2007 week and which is now available for sale at the Government Printing 140–199 ...... (869–062–00042–1) ...... 30.00 Jan. 1, 2007 Office. 200–1199 ...... (869–062–00043–0) ...... 50.00 Jan. 1, 2007 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–062–00044–8) ...... 45.00 Jan. 1, 2007 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–062–00045–6) ...... 40.00 Jan. 1, 2007 The CFR is available free on-line through the Government Printing 300–799 ...... (869–062–00046–4) ...... 60.00 Jan. 1, 2007 Office’s GPO Access Service at http://www.gpoaccess.gov/cfr/ 800–End ...... (869–062–00047–2) ...... 42.00 Jan. 1, 2007 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–062–00048–1) ...... 50.00 Jan. 1, 2007 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–062–00049–9) ...... 60.00 Jan. 1, 2007 $1389.00 domestic, $555.60 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–062–00051–1) ...... 50.00 Apr. 1, 2007 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be *200–239 ...... (869–062–00052–9) ...... 60.00 Apr. 1, 2007 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–062–00053–7) ...... 62.00 Apr. 1, 2007 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–062–00054–5) ...... 62.00 Apr. 1, 2007 charge orders to (202) 512-2250. 400–End ...... (869–062–00055–3) ...... 26.00 Apr. 1, 2007 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–062–00056–1) ...... 61.00 Apr. 1, 2007 1 ...... (869–062–00001–4) ...... 5.00 4 Jan. 1, 2007 141–199 ...... (869–062–00057–0) ...... 58.00 Apr. 1, 2007 2 ...... (869–062–00002–2) ...... 5.00 Jan. 1, 2007 200–End ...... (869–062–00058–8) ...... 31.00 Apr. 1, 2007 3 (2006 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–062–00059–6) ...... 50.00 Apr. 1, 2007 102) ...... (869–062–00003–1) ...... 35.00 1 Jan. 1, 2007 400–499 ...... (869–060–00060–7) ...... 64.00 Apr. 1, 2006 4 ...... (869–062–00004–9) ...... 10.00 5 Jan. 1, 2007 500–End ...... (869–060–00061–5) ...... 63.00 Apr. 1, 2006 5 Parts: 21 Parts: 1–699 ...... (869–062–00005–7) ...... 60.00 Jan. 1, 2007 1–99 ...... (869–062–00062–6) ...... 40.00 Apr. 1, 2007 700–1199 ...... (869–062–00006–5) ...... 50.00 Jan. 1, 2007 100–169 ...... (869–062–00063–4) ...... 49.00 Apr. 1, 2007 1200–End ...... (869–062–00007–3) ...... 61.00 Jan. 1, 2007 170–199 ...... (869–062–00064–2) ...... 50.00 Apr. 1, 2007 200–299 ...... (869–062–00065–1) ...... 17.00 Apr. 1, 2007 6 ...... (869–062–00008–1) ...... 10.50 Jan. 1, 2007 300–499 ...... (869–062–00066–9) ...... 30.00 Apr. 1, 2007 7 Parts: 500–599 ...... (869–062–00067–7) ...... 47.00 Apr. 1, 2007 1–26 ...... (869–062–00009–0) ...... 44.00 Jan. 1, 2007 600–799 ...... (869–062–00068–5) ...... 17.00 Apr. 1, 2007 27–52 ...... (869–062–00010–3) ...... 49.00 Jan. 1, 2007 800–1299 ...... (869–062–00069–3) ...... 60.00 Apr. 1, 2007 53–209 ...... (869–062–00011–1) ...... 37.00 Jan. 1, 2007 1300–End ...... (869–062–00070–7) ...... 25.00 Apr. 1, 2007 210–299 ...... (869–062–00012–0) ...... 62.00 Jan. 1, 2007 22 Parts: 300–399 ...... (869–062–00013–8) ...... 46.00 Jan. 1, 2007 1–299 ...... (869–062–00071–5) ...... 63.00 Apr. 1, 2007 400–699 ...... (869–062–00014–6) ...... 42.00 Jan. 1, 2007 300–End ...... (869–062–00072–3) ...... 45.00 Apr. 1, 2007 700–899 ...... (869–062–00015–4) ...... 43.00 Jan. 1, 2007 900–999 ...... (869–062–00016–2) ...... 60.00 Jan. 1, 2007 23 ...... (869–062–00073–7) ...... 45.00 Apr. 1, 2007 1000–1199 ...... (869–062–00017–1) ...... 22.00 Jan. 1, 2007 24 Parts: 1200–1599 ...... (869–062–00018–9) ...... 61.00 Jan. 1, 2007 0–199 ...... (869–062–00074–0) ...... 60.00 Apr. 1, 2007 1600–1899 ...... (869–062–00019–7) ...... 64.00 Jan. 1, 2007 200–499 ...... (869–062–00075–8) ...... 50.00 Apr. 1, 2007 1900–1939 ...... (869–062–00020–1) ...... 31.00 Jan. 1, 2007 500–699 ...... (869–062–00076–6) ...... 30.00 Apr. 1, 2007 1940–1949 ...... (869–062–00021–9) ...... 50.00 5 Jan. 1, 2007 700–1699 ...... (869–062–00077–4) ...... 61.00 Apr. 1, 2007 1950–1999 ...... (869–062–00022–7) ...... 46.00 Jan. 1, 2007 1700–End ...... (869–062–00078–2) ...... 30.00 Apr. 1, 2007 2000–End ...... (869–062–00023–5) ...... 50.00 Jan. 1, 2007 25 ...... (869–062–00079–1) ...... 64.00 Apr. 1, 2007 8 ...... (869–062–00024–3) ...... 63.00 Jan. 1, 2007 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–062–00080–4) ...... 49.00 Apr. 1, 2007 1–199 ...... (869–062–00025–1) ...... 61.00 Jan. 1, 2007 *§§ 1.61–1.169 ...... (869–062–00081–2) ...... 63.00 Apr. 1, 2007 200–End ...... (869–062–00026–0) ...... 58.00 Jan. 1, 2007 §§ 1.170–1.300 ...... (869–062–00082–1) ...... 60.00 Apr. 1, 2007 10 Parts: §§ 1.301–1.400 ...... (869–062–00083–9) ...... 47.00 Apr. 1, 2007 1–50 ...... (869–062–00027–8) ...... 61.00 Jan. 1, 2007 §§ 1.401–1.440 ...... (869–062–00084–7) ...... 56.00 Apr. 1, 2007 51–199 ...... (869–062–00028–6) ...... 58.00 Jan. 1, 2007 §§ 1.441–1.500 ...... (869–062–00085–5) ...... 58.00 Apr. 1, 2007 200–499 ...... (869–062–00029–4) ...... 46.00 Jan. 1, 2007 §§ 1.501–1.640 ...... (869–062–00086–3) ...... 49.00 Apr. 1, 2007 500–End ...... (869–066–00030–8) ...... 62.00 Jan. 1, 2007 §§ 1.641–1.850 ...... (869–062–00087–1) ...... 61.00 Apr. 1, 2007 §§ 1.851–1.907 ...... (869–062–00088–0) ...... 61.00 Apr. 1, 2007 11 ...... (869–062–00031–6) 41.00 Jan. 1, 2007 §§ 1.908–1.1000 ...... (869–062–00089–8) ...... 60.00 Apr. 1, 2007 12 Parts: §§ 1.1001–1.1400 ...... (869–062–00090–1) ...... 61.00 Apr. 1, 2007 1–199 ...... (869–062–00032–4) ...... 34.00 Jan. 1, 2007 §§ 1.1401–1.1550 ...... (869–062–00091–0) ...... 58.00 Apr. 1, 2007 200–219 ...... (869–062–00033–2) ...... 37.00 Jan. 1, 2007 §§ 1.1551–End ...... (869–062–00092–8) ...... 50.00 Apr. 1, 2007 220–299 ...... (869–062–00034–1) ...... 61.00 Jan. 1, 2007 2–29 ...... (869–062–00093–6) ...... 60.00 Apr. 1, 2007 300–499 ...... (869–062–00035–9) ...... 47.00 Jan. 1, 2007 30–39 ...... (869–062–00094–4) ...... 41.00 Apr. 1, 2007 500–599 ...... (869–062–00036–7) ...... 39.00 Jan. 1, 2007 40–49 ...... (869–062–00095–2) ...... 28.00 7Apr. 1, 2007 600–899 ...... (869–062–00037–5) ...... 56.00 Jan. 1, 2007 50–299 ...... (869–062–00096–1) ...... 42.00 Apr. 1, 2007

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–062–00097–9) ...... 61.00 Apr. 1, 2007 63 (63.6580–63.8830) .... (869–060–00150–6) ...... 32.00 July 1, 2006 500–599 ...... (869–062–00098–7) ...... 12.00 6 Apr. 1, 2007 63 (63.8980–End) ...... (869–060–00151–4) ...... 35.00 July 1, 2006 600–End ...... (869–062–00099–5) ...... 17.00 Apr. 1, 2007 64–71 ...... (869–060–00152–2) ...... 29.00 July 1, 2006 27 Parts: 72–80 ...... (869–060–00153–1) ...... 62.00 July 1, 2006 1–399 ...... (869–060–00100–0) ...... 64.00 Apr. 1, 2006 81–85 ...... (869–060–00154–9) ...... 60.00 July 1, 2006 400–End ...... (869–062–00102–9) ...... 18.00 Apr. 1, 2007 86 (86.1–86.599–99) ...... (869–060–00155–7) ...... 58.00 July 1, 2006 86 (86.600–1–End) ...... (869–060–00156–5) ...... 50.00 July 1, 2006 28 Parts: ...... 87–99 ...... (869–060–00157–3) ...... 60.00 July 1, 2006 0–42 ...... (869–060–00102–6) ...... 61.00 July 1, 2006 100–135 ...... (869–060–00158–1) ...... 45.00 July 1, 2006 43–End ...... (869–060–00103–4) ...... 60.00 July 1, 2006 136–149 ...... (869–060–00159–0) ...... 61.00 July 1, 2006 29 Parts: 150–189 ...... (869–060–00160–3) ...... 50.00 July 1, 2006 0–99 ...... (869–060–00104–2) ...... 50.00 July 1, 2006 190–259 ...... (869–060–00161–1) ...... 39.00 July 1, 2006 100–499 ...... (869–060–00105–1) ...... 23.00 July 1, 2006 260–265 ...... (869–060–00162–0) ...... 50.00 July 1, 2006 500–899 ...... (869–060–00106–9) ...... 61.00 July 1, 2006 266–299 ...... (869–060–00163–8) ...... 50.00 July 1, 2006 900–1899 ...... (869–060–00107–7) ...... 36.00 July 1, 2006 300–399 ...... (869–060–00164–6) ...... 42.00 July 1, 2006 1900–1910 (§§ 1900 to 400–424 ...... (869–060–00165–4) ...... 56.00 July 1, 2006 1910.999) ...... (869–060–00108–5) ...... 61.00 July 1, 2006 425–699 ...... (869–060–00166–2) ...... 61.00 July 1, 2006 1910 (§§ 1910.1000 to 700–789 ...... (869–060–00167–1) ...... 61.00 July 1, 2006 end) ...... (869–060–00109–3) ...... 46.00 July 1, 2006 790–End ...... (869–060–00168–9) ...... 61.00 July 1, 2006 1911–1925 ...... (869–060–00110–7) ...... 30.00 July 1, 2006 41 Chapters: 1926 ...... (869–060–00111–5) ...... 50.00 July 1, 2006 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–060–00112–3) ...... 62.00 July 1, 2006 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 30 Parts: 3–6 ...... 14.00 3 July 1, 1984 1–199 ...... (869–060–00113–1) ...... 57.00 July 1, 2006 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–060–00114–0) ...... 50.00 July 1, 2006 8 ...... 4.50 3 July 1, 1984 700–End ...... (869–060–00115–8) ...... 58.00 July 1, 2006 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–060–00116–6) ...... 41.00 July 1, 2006 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–499 ...... (869–060–00117–4) ...... 46.00 July 1, 2006 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 500–End ...... (869–060–00118–2) ...... 62.00 July 1, 2006 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–060–00169–7) ...... 24.00 July 1, 2006 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–060–00170–1) ...... 21.00 8 July 1, 2006 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–060–00171–9) ...... 56.00 July 1, 2006 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–060–00172–7) ...... 24.00 July 1, 2006 ...... 1–190 (869–060–00119–1) 61.00 July 1, 2006 42 Parts: 191–399 ...... (869–060–00120–4) ...... 63.00 July 1, 2006 1–399 ...... (869–060–00173–5) ...... 61.00 Oct. 1, 2006 400–629 ...... (869–060–00121–2) ...... 50.00 July 1, 2006 400–413 ...... (869–060–00174–3) ...... 32.00 Oct. 1, 2006 630–699 ...... (869–060–00122–1) ...... 37.00 July 1, 2006 414–429 ...... (869–060–00175–1) ...... 32.00 Oct. 1, 2006 700–799 ...... (869–060–00123–9) ...... 46.00 July 1, 2006 430–End ...... (869–060–00176–0) ...... 64.00 Oct. 1, 2006 800–End ...... (869–060–00124–7) ...... 47.00 July 1, 2006 43 Parts: 33 Parts: 1–999 ...... (869–060–00177–8) ...... 56.00 Oct. 1, 2006 1–124 ...... (869–060–00125–5) ...... 57.00 July 1, 2006 1000–end ...... (869–060–00178–6) ...... 62.00 Oct. 1, 2006 125–199 ...... (869–060–00126–3) ...... 61.00 July 1, 2006 200–End ...... (869–060–00127–1) ...... 57.00 July 1, 2006 44 ...... (869–060–00179–4) ...... 50.00 Oct. 1, 2006 34 Parts: 45 Parts: 1–299 ...... (869–060–00128–0) ...... 50.00 July 1, 2006 1–199 ...... (869–060–00180–8) ...... 60.00 Oct. 1, 2006 300–399 ...... (869–060–00129–8) ...... 40.00 July 1, 2006 200–499 ...... (869–060–00181–6) ...... 34.00 Oct. 1, 2006 400–End & 35 ...... (869–060–00130–1) ...... 61.00 8 July 1, 2006 500–1199 ...... (869–060–00182–4) ...... 56.00 Oct. 1, 2006 1200–End ...... (869–060–00183–2) ...... 61.00 Oct. 1, 2006 36 Parts: 1–199 ...... (869–060–00131–0) ...... 37.00 July 1, 2006 46 Parts: 200–299 ...... (869–060–00132–8) ...... 37.00 July 1, 2006 1–40 ...... (869–060–00184–1) ...... 46.00 Oct. 1, 2006 300–End ...... (869–060–00133–6) ...... 61.00 July 1, 2006 41–69 ...... (869–060–00185–9) ...... 39.00 Oct. 1, 2006 70–89 ...... (869–060–00186–7) ...... 14.00 Oct. 1, 2006 37 ...... (869–060–00134–4) ...... 58.00 July 1, 2006 90–139 ...... (869–060–00187–5) ...... 44.00 Oct. 1, 2006 38 Parts: 140–155 ...... (869–060–00188–3) ...... 25.00 Oct. 1, 2006 0–17 ...... (869–060–00135–2) ...... 60.00 July 1, 2006 156–165 ...... (869–060–00189–1) ...... 34.00 Oct. 1, 2006 18–End ...... (869–060–00136–1) ...... 62.00 July 1, 2006 166–199 ...... (869–060–00190–5) ...... 46.00 Oct. 1, 2006 ...... 39 ...... (869–060–00137–9) ...... 42.00 July 1, 2006 200–499 (869–060–00191–3) 40.00 Oct. 1, 2006 500–End ...... (869–060–00192–1) ...... 25.00 Oct. 1, 2006 40 Parts: 47 Parts: 1–49 ...... (869–060–00138–7) ...... 60.00 July 1, 2006 ...... 50–51 ...... (869–060–00139–5) ...... 45.00 July 1, 2006 0–19 (869–060–00193–0) 61.00 Oct. 1, 2006 ...... 52 (52.01–52.1018) ...... (869–060–00140–9) ...... 60.00 July 1, 2006 20–39 (869–060–00194–8) 46.00 Oct. 1, 2006 ...... 52 (52.1019–End) ...... (869–060–00141–7) ...... 61.00 July 1, 2006 40–69 (869–060–00195–6) 40.00 Oct. 1, 2006 ...... 53–59 ...... (869–060–00142–5) ...... 31.00 July 1, 2006 70–79 (869–060–00196–4) 61.00 Oct. 1, 2006 ...... 60 (60.1–End) ...... (869–060–00143–3) ...... 58.00 July 1, 2006 80–End (869–060–00197–2) 61.00 Oct. 1, 2006 60 (Apps) ...... (869–060–00144–7) ...... 57.00 July 1, 2006 48 Chapters: 61–62 ...... (869–060–00145–0) ...... 45.00 July 1, 2006 1 (Parts 1–51) ...... (869–060–00198–1) ...... 63.00 Oct. 1, 2006 63 (63.1–63.599) ...... (869–060–00146–8) ...... 58.00 July 1, 2006 1 (Parts 52–99) ...... (869–060–00199–9) ...... 49.00 Oct. 1, 2006 63 (63.600–63.1199) ...... (869–060–00147–6) ...... 50.00 July 1, 2006 2 (Parts 201–299) ...... (869–060–00200–6) ...... 50.00 Oct. 1, 2006 63 (63.1200–63.1439) .... (869–060–00148–4) ...... 50.00 July 1, 2006 3–6 ...... (869–060–00201–4) ...... 34.00 Oct. 1, 2006 63 (63.1440–63.6175) .... (869–060–00149–2) ...... 32.00 July 1, 2006 7–14 ...... (869–060–00202–2) ...... 56.00 Oct. 1, 2006

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Title Stock Number Price Revision Date 15–28 ...... (869–060–00203–1) ...... 47.00 Oct. 1, 2006 29–End ...... (869–060–00204–9) ...... 47.00 Oct. 1, 2006 49 Parts: 1–99 ...... (869–060–00205–7) ...... 60.00 Oct. 1, 2006 100–185 ...... (869–060–00206–5) ...... 63.00 Oct. 1, 2006 186–199 ...... (869–060–00207–3) ...... 23.00 Oct. 1, 2006 200–299 ...... (869–060–00208–1) ...... 32.00 Oct. 1, 2006 300–399 ...... (869–060–00209–0) ...... 32.00 Oct. 1, 2006 400–599 ...... (869–060–00210–3) ...... 64.00 Oct. 1, 2006 600–999 ...... (869–060–00211–1) ...... 19.00 Oct. 1, 2006 1000–1199 ...... (869–060–00212–0) ...... 28.00 Oct. 1, 2006 1200–End ...... (869–060–00213–8) ...... 34.00 Oct. 1, 2006 50 Parts: 1–16 ...... (869–060–00214–6) ...... 11.00 9 Oct. 1, 2006 17.1–17.95(b) ...... (869–060–00215–4) ...... 32.00 Oct. 1, 2006 17.95(c)–end ...... (869–060–00216–2) ...... 32.00 Oct. 1, 2006 17.96–17.99(h) ...... (869–060–00217–1) ...... 61.00 Oct. 1, 2006 17.99(i)–end and 17.100–end ...... (869–060–00218–9) ...... 47.00 9 Oct. 1, 2006 18–199 ...... (869–060–00219–7) ...... 50.00 Oct. 1, 2006 200–599 ...... (869–060–00220–1) ...... 45.00 Oct. 1, 2006 600–659 ...... (869–060–00221–9) ...... 31.00 Oct. 1, 2006 660–End ...... (869–060–00222–7) ...... 31.00 Oct. 1, 2006 CFR Index and Findings Aids ...... (869–062–00050–2) ...... 62.00 Jan. 1, 2007 Complete 2007 CFR set ...... 1,389.00 2007 Microfiche CFR Edition: Subscription (mailed as issued) ...... 332.00 2007 Individual copies ...... 4.00 2007 Complete set (one-time mailing) ...... 332.00 2006 Complete set (one-time mailing) ...... 325.00 2005 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. 5 No amendments to this volume were promulgated during the period January 1, 2006, through January 1, 2007. The CFR volume issued as of January 6, 2006 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2006. The CFR volume issued as of April 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period April 1, 2006 through April 1, 2007. The CFR volume issued as of April 1, 2006 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2005, through July 1, 2006. The CFR volume issued as of July 1, 2005 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2005, through October 1, 2006. The CFR volume issued as of October 1, 2005 should be retained.

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